137Confidentiality of information

137 Confidentiality of information (1) A private port operator or private pilotage provider may, when giving information in response to a notice under section 131(1) or 136(1), claim that the information is confidential if it appears to the operator or provider that disclosure of the information: (a) could adversely affect the competitive position of the operator or provider or any other person; or (b) would result in the operator or provider being in breach of a duty of confidentiality owed to another person. (2) A claim that information is confidential must be accompanied by a detailed statement of the reasons in support of the claim and is not duly made unless accompanied by such a statement. (3) The Regulator must take all reasonable steps to prevent the disclosure of information that is claimed to be confidential unless the disclosure is authorised by this section. (4) The disclosure of information that is claimed to be confidential is authorised if: (a) the disclosure is for the purposes of the administration of this Part and to a person engaged in that administration; or (b) the disclosure is made with the consent of the person who gave the information and, if disclosure could adversely affect the competitive position of another person, that other person; or Ports Management Act 2015 102 (c) the disclosure is authorised or required under any other law of the Territory; or (d) the disclosure is authorised or required by a court; or (e) the disclosure is, in the opinion of the Regulator, in the public interest and the Regulator is of the opinion that the public benefit in disclosing the information outweighs any detriment that might be suffered by a person as a result of the disclosure. (5) In addition, the disclosure of information that is claimed to be confidential is authorised if the Regulator is of the opinion that there are insufficient grounds for the claim. (6) However, the Regulator, before disclosing information as mentioned in subsection (5), must give the person who made the claim of confidentiality written notice of the proposed disclosure and the reasons for it. (7) A disclosure of information authorised by this section does not constitute a breach of any duty of confidentiality (either by the person making the disclosure or by the private port operator or private pilotage provider).