91GHDisclosure of protected information authorised if detriment does not outweigh public benefit

91GH Disclosure of protected information authorised if detriment does not outweigh public benefit

91GH Disclosure of protected information authorised if detriment does not outweigh public benefit

(1) Subject to this section, AEMO is authorised to disclose protected information after the restricted period if AEMO is of the opinion—

(a) that the disclosure of the information would not cause detriment to the person who has given it or to a 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.

(2) Before disclosing the protected information, AEMO must give the person who gave the protected information—

(a) a written notice (an initial disclosure notice) stating—

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

(ii) that AEMO is of the opinion required by subsection (1); and

(iii) that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and

(b) AEMO’s decision, in writing, setting out the reasons why AEMO—

(i) wishes to make the disclosure; and

(ii) is of the opinion required by subsection (1).

(3) If AEMO is aware that the person who gave the protected information in turn received the information from another person and is aware of the other person’s identity and address, AEMO must, before disclosing the information give the other person—

(a) a written notice (an initial disclosure notice) stating—

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

(ii) that AEMO is of the opinion required by subsection (1); and

(iii) that the person, within the period specified in the notice, may make representations to AEMO against disclosure of the information; and

(b) AEMO’s decision, in writing, setting out the reasons why AEMO—