57Restriction on disclosure of confidential information

57 Restriction on disclosure of confidential information S. 57(1) amended by No. 62/2001 s. 86(1)(d). (1) This section applies if information or a document is given to the Commission under section 56 and, at the time it is given, the person giving it states that it is of a confidential or commercially sensitive nature. S. 57(2) amended by No. 62/2001 s. 86(1)(d) (3)(d). (2) The Commission must not disclose the information or the contents of the document to any person unless— (a) it is of the opinion— (i) that the disclosure of the information or document would not cause detriment to the person supplying it; or (ii) that although the disclosure of the information or document would cause detriment to the person supplying it, the disclosure would assist in achieving the objectives of this Part and the benefit of achieving those objectives would outweigh any detriment caused by the disclosure; and (b) it is of the opinion, in relation to any other person who is aware of the information or the contents of the document and who might be detrimentally affected by the disclosure— (i) that the disclosure of the information or document would not cause detriment to that person; or (ii) that although the disclosure of the information or document would cause detriment to that person, the disclosure would assist in achieving the objectives of this Part and the benefit of achieving those objectives would outweigh any detriment caused by the disclosure; and (c) it gives the person who supplied the information or document a written notice— S. 57(2)(c)(i) amended by No. 62/2001 s. 86(1)(d). (i) stating that the Commission wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure and setting out detailed reasons why the Commission wishes to make the disclosure; and S. 57(2)(c)(ii) amended by No. 62/2001 s. 86(1)(d). (ii) stating that the Commission is of the opinion required by paragraph (a) and setting out detailed reasons why it is of that opinion; and (d) if it is aware that the person who supplied the information or document in turn received the information or document from another person and is aware of that other person's identity and address, it gives that other person a written notice— (i) containing the details required by paragraph (c); and S. 57(2)(d)(ii) amended by No. 62/2001 s. 86(1)(d). (ii) stating that the Commission is of the opinion required by paragraph (b) in relation to him, her or it and setting out detailed reasons why it is of that opinion. S. 57(3) amended by No. 62/2001 s. 86(1)(d). (3) Subsection (2) does not prevent the Commission— S. 57(3)(a) substituted by No. 62/2001 s. 86(1)(i). (a) from disclosing information or the contents of a document to— S. 57(3)(a)(iaa) inserted by No. 41/2021 s. 137. (iaa) the chief executive officer of the Commission employed under section 23A(1) of the **Essential Services Commission Act 2001**; or (i) an employee employed under section 24(1) of the **Essential Services Commission Act 2001**; or (ii) a member of staff referred to in section 24(2) of that Act; or (iii) a consultant engaged under section 25 of that Act; or (iv) a member of a Division, committee or panel acting under a delegation under section 26 of that Act; or (b) from using information or a document for the purposes of an inquiry; or S. 57(3)(c) amended by No. 62/2001 s. 86(1)(j). (c) from disclosing information or the contents of a document to the Minister in a report prepared in the form required by section 45(2) of the **Essential Services Commission Act 2001**. S. 57(4) amended by No. 62/2001 s. 86(1)(d). (4) For the purposes of this section, the disclosure of anything that is already in the public domain at the time the Commission wishes to disclose it cannot cause detriment to any person referred to in subsection (2)(a) or (b). Pt 3 Div. 4 (Heading and ss 58–63) amended by Nos 62/2001 ss 86(1) (c)(d)(f)(g), 87(2), 85/2003 ss 15–17, 75/2004 s. 68, 63/2007 s. 10, repealed by No. 78/2011 s. 52.[[1]](#endnote-1) Pt 3 Div. 5 (Heading and ss 63A–63K) inserted by No. 62/2001 s. 88, substituted as Pt 3 Div. 5 (Heading and ss 63A–63L) by No. 10/2016 s. 116. Division 5—Port licences S. 63A inserted by No. 62/2001 s. 88, substituted by No. 10/2016 s. 116.