sec.239Confidential information—commercial activities

### sec.239 Confidential information—commercial activities This section applies if— information about a person (other than information to which section 187 or 207 applies) is received by the authority; and the authority believes the disclosure of the information— would be likely to damage the person’s commercial activities; and 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— 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 . If, under subsection (2) (h) , the authority discloses information to the energy and water ombudsman, it must tell the energy and water ombudsman that the information— is confidential information to which this section applies; and has been disclosed under subsection (2) (h) . In this section— commercial activities means activities conducted on a commercial basis. person includes a government agency. s 239 amd 1997 No. 77 s 97 ; 2005 No. 37 s 31 ; 2006 No. 60 s 175 ; 2006 No. 61 s 95 ; 2008 No. 34 s 751 sch 2 ; 2010 No. 6 s 357 sch 1 ; 2010 No. 53 s 93 sch 2 ; 2012 No. 25 s 169 ; 2017 No. 4 s 145 sch 1 (sec.239-ssec.1) This section applies if— information about a person (other than information to which section 187 or 207 applies) is received by the authority; and the authority believes the disclosure of the information— would be likely to damage the person’s commercial activities; and would not be in the public interest. (sec.239-ssec.2) The authority must take all reasonable steps to ensure the information is not, without the person’s consent, disclosed to another person other than— 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.239-ssec.3) If, under subsection (2) (h) , the authority discloses information to the energy and water ombudsman, it must tell the energy and water ombudsman that the information— is confidential information to which this section applies; and has been disclosed under subsection (2) (h) . (sec.239-ssec.4) In this section— commercial activities means activities conducted on a commercial basis. person includes a government agency. - (a) information about a person (other than information to which section 187 or 207 applies) is received by the authority; and - (b) the authority believes the disclosure of the information— (i) would be likely to damage the person’s commercial activities; and (ii) would not be in the public interest. - (i) would be likely to damage the person’s commercial activities; and - (ii) would not be in the public interest. - (i) would be likely to damage the person’s commercial activities; and - (ii) would not be in the public interest. - (a) a member; or - (b) an employee, consultant or agent of the authority who receives the information in the course of his or her duties; or - (c) an entity that performs similar functions to the authority under a law of the Commonwealth, another State or a foreign country; or - (d) 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 - (e) 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 - (g) 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 - (h) the energy and water ombudsman, to facilitate the performance of the ombudsman’s functions under the Energy and Water Ombudsman Act 2006 . - (a) is confidential information to which this section applies; and - (b) has been disclosed under subsection (2) (h) .