18XConfidentiality

18X Confidentiality

18X Confidentiality

(1) If a person wishes to give information to the AER for the purposes of this Division in confidence—

(a) the person must give the AER written notice that the person claims the information is confidential; and

(b) give reasons to support the claim, including—

(i) information about the detriment that might be caused to the person if the information were disclosed by the AER; and

(ii) information that—

(A) is reasonably within the person’s knowledge and capacity to give; and

(B) may be relevant to the AER’s consideration under section 28ZB about whether the public benefit in disclosing the information outweighs the detriment.

(2) In giving reasons to support a claim under subsection (1) about information received from another person (a third party), a person may include information that—

(a) is reasonably within the person’s knowledge and capacity to give; and

(b) is about the detriment that might be caused to the third party if the information were disclosed by the AER; and

(c) may be relevant to the AER’s consideration under section 28ZB about whether the public benefit in disclosing the information outweighs the detriment.

(3) In acting under subsection (1), a person must specifically identify the information in relation to which the claim is made.

(4) Information given to the AER for the purposes of this Division is not to be regarded as being given in confidence, or to be confidential in any way, unless the information is subject to an express claim of confidentiality made under this section.

pt 3, div 1B, sdivs 1–5 (ss 18F–18Y): Ins 2018 No 33, sec 6.