131Confidentiality provisions

131 Confidentiality provisions

131 Confidentiality provisions

(1) This section contains confidentiality provisions applicable to this Division and also applies where the AER serves a regulatory information notice in connection with the exercise of the AER’s functions and powers under this Division.

(2) In the case of the AER, it must keep confidential—

(a) its request for financial information (including, if it issues one, the issue of a regulatory information notice to obtain the information) and the financial information provided in response to the request; and

(b) both its belief as to the risk of a RoLR event and the fact and nature of its inquiries of registered RoLRs,

but it may disclose any or all of those matters or that financial information as allowed or required by this Division or otherwise in accordance with Division 3 of Part 8.

(3) In the case of AEMO, it must keep the fact and nature of the consultations between it and the AER, the financial information and the AER notice given under section 130(5)(b) confidential, but it may disclose them in accordance with Division 6 of Part 5 of the NEL and Division 7 of Part 6 of Chapter 2 of the NGL.

(4) In the case of persons other than the AER and AEMO who are given the AER notice of the risk of a RoLR event, they must keep the fact and nature of the notice (and the information it contains) confidential and—

(a) must use it only for the purpose of preparing for the RoLR event; and

(b) must not (in the case of the default RoLR or registered RoLR of whom the AER’s inquiries are made) disclose the notice, its issue and information to any member of its marketing staff; and

(c) may disclose it to third parties only if those third parties also agree to be bound by the same confidentiality requirements as those persons are subject to under this Law,

except to the extent that—

(d) the notice is in the public domain; or

(e) the AER or AEMO has published the notice in accordance with this Division; or

(f) the retailer the subject of the notice has published the notice under Chapter 6CA of the Corporations Act 2001 of the Commonwealth; or