24CConfidentiality agreements

24C Confidentiality agreements

(1) This section applies if—

(a) the Commission makes a requirement under section 24B(1)(a); and

(b) the person in control or possession of the information or document (the disclosing party) notifies the Commission in writing that the information or document is of a confidential or commercially-sensitive nature; and

(c) the Commission notifies the person that the information or document must still be provided in accordance with section 24B(1)(a).

(2) If, under subsection (1)(c), the Commission notifies the disclosing party that the information or document must still be provided in accordance with section 24B(1)(a), the disclosing party may require the person receiving the information or document (the receiving party) to enter into a confidentiality agreement.

(3) The terms of a confidentiality agreement may be proposed by the disclosing party and those terms must be promptly notified to the Commission and to the receiving party.

(4) If the Commission considers that the terms of the proposed confidentiality agreement are unreasonable, the Commission may decide to amend or delete those terms or substitute other terms.

S. 24D inserted by No. 73/2003 s. 16.