146Party may request AER to treat material as confidential

146 Party may request AER to treat material as confidential

146 Party may request AER to treat material as confidential

(1) A party in a dispute hearing may—

(a) inform the AER that, in the party’s opinion, a specified part of a document contains confidential information; and

(b) request the AER not to give a copy of that part to another party.

(2) On receiving a request, the AER must—

(a) inform the other party or parties that the request has been made and of the general nature of the matters to which the relevant part of the document relates; and

(b) ask the other party or parties whether there is any objection to the AER complying with the request.

(3) If there is an objection to the AER complying with the request, the party objecting may inform the AER of the objection and of the reasons for it.

(4) After considering—

(a) a request; and

(b) any objection; and

(c) any further submissions that any party has made in relation to the request,

the AER may decide—

(d) not to give the other party or parties a copy of so much of the document as contains confidential information that the AER thinks should not be given; or

(e) to give the other party or another specified party a copy of the whole, or part, of the part of the document that contains confidential information subject to a condition that the party give an undertaking not to disclose the information to another person except to the extent specified by the AER and subject to such other conditions as the AER determines.

pt 10, divs 1–4 (ss 123–156): Ins 2007 No 53, sec 75.

ss 146–148: Ins 2007 No 53, sec 75.