247Procedure to be followed before interpretive information is released

247 Procedure to be followed before interpretive information is released

(1) Before the Minister releases any interpretive information, the Minister must—

(a) publish a notice in the Government Gazette—

(i) stating that the Minister proposes to release the information; and

(ii) inviting notices of objection to the release to be submitted within a specified time (which must be a day that is at least 45 days after the publication of the notice); and

(iii) stating the grounds on which objections can be made; and

(iv) stating that, if no notices of objection are received within the specified time, the information will be released; and

(b) if it is practicable to do so—give a copy of the notice to the person who submitted the information to the Minister.

(2) The only grounds on which a person may object to the release of interpretive information are that the release of the information—

(a) would disclose a trade secret; or

(b) would, or could reasonably be expected to, adversely affect the lawful business, commercial or financial affairs of the person.

(3) If the information which the Minister proposes to release consists of more than one item, a person submitting a notice of objection must make it clear which item or items the objection relates to.

(4) On receiving a valid notice of objection, the Minister must, within 45 days after receiving the notice—

(a) decide whether to release the information (whether wholly or partly) after considering the objection; and

(b) give the person objecting written notice of the decision.

(5) If the Minister decides to release any of the information in respect of which a notice of objection was lodged, the notice under subsection (4)(b) must advise the person of the right the person has to seek a review of the decision under section 248.