28ZBDisclosure of information authorised if detriment does not outweigh public benefit

28ZB Disclosure of information authorised if detriment does not outweigh public benefit

28ZB Disclosure of information authorised if detriment does not outweigh public benefit

(1) Despite sections 28X to 28ZAB (inclusive), the AER is authorised to disclose information given to it in confidence, in compliance with this Law or the Rules or voluntarily, after the restricted period if the AER is of the opinion—

(a) that the disclosure of the information would not cause detriment to the person who has given it or to the person from whom that person received it; or

(b) that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.

(1a) However—

(a) in the case of information given to the AER in order to comply with a regulatory information instrument—the AER must not disclose information under subsection (1) unless and until—

(i) the AER has considered any reasons and information given to the AER under section 28OA(1)(b) and (2) when determining whether or not it is of the opinion required by subsection (1); and

(ii) the AER has complied with subsections (1b), (1c) and (1d); and

(iii) the restricted period has expired; and

(b) in the case of other information—the AER must not disclose information under subsection (1) unless and until—

(i) the AER has complied with subsections (2) to (6) (inclusive); and

(ii) the restricted period has expired.

(1b) If the AER wishes to disclose information to which subsection (1a)(a) applies (after taking into account the requirements of subsections (1) and (1a)(a)) and—

(a) the AER intends to disclose the information on the basis of the AER having formed the opinion required by subsection (1)(a), the AER must give the person who gave the information and, if the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person’s identity and address, that other person—

(i) a written notice stating—

(A) that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and