11Confidential information

#### 11 Confidential information 11 Confidential information (cf 2013 reg cl 8D) > > (1) If a person provides information (protected information) to the Market Monitor for the purposes of a special review on the understanding that the information is confidential and will not be divulged, the Market Monitor is required to ensure that the information is not divulged by it to any person, except— > > > > > (a) with the consent of the person who provided the information, or > > > > > (b) to the extent that the Market Monitor is satisfied that the information is not confidential in nature, or > > > > > (c) to a member or officer of the Market Monitor. > > > (2) If the Market Monitor is satisfied that protected information provided to the Market Monitor by a person needs to be divulged for the purposes of its report on the special review, and the exceptions in subclause (1)(a)–(c) are not applicable, the Market Monitor may notify the person that the Market Monitor proposes to divulge the information in its report after a specified period. > > > (3) After the specified period, and despite subclause (1), the Market Monitor may divulge the information in its report. > > > (4) If the Market Monitor is satisfied that it is desirable to do so because of the confidential nature of any information provided to it in connection with its functions relating to a special review, it may give directions prohibiting or restricting the divulging of the information. > > > (5) A person must not contravene a direction given under subclause (4). > > > > Maximum penalty—100 penalty units. > > > (6) A reference in this clause to information includes information given at a meeting or hearing of the Market Monitor and information contained in any documents given to the Market Monitor.