Subdiv 5Confidentiality of information

Subdivision 5—Confidentiality of information 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. 18Y—Disclosure of information given in confidence (1) Division 6 applies in relation to publishing information given to the AER in confidence under this Division. information includes advice, recommendations, submissions and reports.