sec.187Confidential information

### sec.187 Confidential information This section applies if a person believes that— stated information made available, or to be made available, in an investigation is confidential; and the disclosure of the information is likely to damage the person’s commercial activities. The person may— inform the authority of the person’s belief; and ask the authority not to disclose the information to another person. If the authority is satisfied the person’s belief is justified and that the disclosure of the information would not be in the public interest, the authority must take all reasonable steps to ensure the information is not, without the person’s consent, disclosed to another person other than— the Minister; or if the investigation involves a government agency—the responsible Minister for the government agency; or a member; or an employee, consultant or agent of the authority who receives the information in the course of his or her duties; or an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or the regulator under the Electricity Act 1994 , to facilitate the performance of the regulator’s function mentioned in section 63 (1) (c) of that Act; or the regulator under the Gas Supply Act 2003 , to facilitate the performance of the regulator’s function of monitoring compliance with the conditions of authorities under that Act; or the regulator under the Water Supply (Safety and Reliability) Act 2008 , to facilitate the performance of the regulator’s function mentioned in section 11 (1) (c) of that Act; or the energy and water ombudsman, to facilitate the performance of the ombudsman’s functions under the Energy and Water Ombudsman Act 2006 . This section applies despite sections 177 , 184 (1) (b) and 185 . In this section— commercial activities means activities conducted on a commercial basis. person includes a government agency. s 187 amd 1997 No. 77 s 94 ; 2005 No. 37 s 29 ; 2006 No. 60 s 173 ; 2006 No. 61 s 94 ; 2008 No. 34 s 751 sch 2 ; 2010 No. 6 s 357 sch 1 ; 2010 No. 53 s 93 sch 2 ; 2013 No. 39 s 43 sch 1 ; 2017 No. 4 s 145 sch 1 (sec.187-ssec.1) This section applies if a person believes that— stated information made available, or to be made available, in an investigation is confidential; and the disclosure of the information is likely to damage the person’s commercial activities. (sec.187-ssec.2) The person may— inform the authority of the person’s belief; and ask the authority not to disclose the information to another person. (sec.187-ssec.3) If the authority is satisfied the person’s belief is justified and that the disclosure of the information would not be in the public interest, the authority must take all reasonable steps to ensure the information is not, without the person’s consent, disclosed to another person other than— the Minister; or if the investigation involves a government agency—the responsible Minister for the government agency; or a member; or an employee, consultant or agent of the authority who receives the information in the course of his or her duties; or an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or the regulator under the Electricity Act 1994 , to facilitate the performance of the regulator’s function mentioned in section 63 (1) (c) of that Act; or the regulator under the Gas Supply Act 2003 , to facilitate the performance of the regulator’s function of monitoring compliance with the conditions of authorities under that Act; or the regulator under the Water Supply (Safety and Reliability) Act 2008 , to facilitate the performance of the regulator’s function mentioned in section 11 (1) (c) of that Act; or the energy and water ombudsman, to facilitate the performance of the ombudsman’s functions under the Energy and Water Ombudsman Act 2006 . (sec.187-ssec.4) This section applies despite sections 177 , 184 (1) (b) and 185 . (sec.187-ssec.5) In this section— commercial activities means activities conducted on a commercial basis. person includes a government agency. - (a) stated information made available, or to be made available, in an investigation is confidential; and - (b) the disclosure of the information is likely to damage the person’s commercial activities. - (a) inform the authority of the person’s belief; and - (b) ask the authority not to disclose the information to another person. - (a) the Minister; or - (b) if the investigation involves a government agency—the responsible Minister for the government agency; or - (c) a member; or - (d) an employee, consultant or agent of the authority who receives the information in the course of his or her duties; or - (e) an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or - (f) the regulator under the Electricity Act 1994 , to facilitate the performance of the regulator’s function mentioned in section 63 (1) (c) of that Act; or - (g) the regulator under the Gas Supply Act 2003 , to facilitate the performance of the regulator’s function of monitoring compliance with the conditions of authorities under that Act; or - (i) the regulator under the Water Supply (Safety and Reliability) Act 2008 , to facilitate the performance of the regulator’s function mentioned in section 11 (1) (c) of that Act; or - (j) the energy and water ombudsman, to facilitate the performance of the ombudsman’s functions under the Energy and Water Ombudsman Act 2006 .