National Energy Retail Law (Adoption) Regulation 2026
11Confidential information
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11 Confidential information
11 Confidential information
(1) If a person gives information (protected information) to the Market Monitor for a special review on the understanding that the information is confidential and will not be disclosed, the Market Monitor must ensure the information is not disclosed, 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.
(2) If the Market Monitor is satisfied that protected information given to the Market Monitor by a person needs to be disclosed in a report of a special review, and the exceptions in subsection (1) do not apply, the Market Monitor must—
(a) give the person written notice that the Market Monitor proposes to disclose the information in the report after the period specified in the notice, and
(b) consider an objection made by the person within the specified period.
(3) After the specified period, the Market Monitor may divulge the information in the report.
(4) A reference in this section to information includes information given at a meeting or hearing of the Market Monitor and information contained in documents given to the Market Monitor.