sec.52Confidentiality requests

### sec.52 Confidentiality requests This section applies if a person believes that the disclosure of information given, or to be given, to the authority under this part is likely to damage the person’s commercial activities. The person may give the authority a written notice (a confidentiality request ) that— states the person’s belief; and asks the authority not to disclose the information to an external entity without the person’s consent. The authority may accept the person’s confidentiality request if the authority is satisfied— the person’s belief is justified; and disclosure of the information would not be in the public interest. If the authority accepts the person’s confidentiality request, the authority must not— include the information in a report about the investigation of a competitive neutrality complaint; or otherwise disclose the information to an external entity. Subsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person. In this section— commercial activities means activities conducted on a commercial basis. contractor , of the authority, means a person (other than a member or employee of the authority) who performs services for the authority— under a contract between the person and the authority; or under an arrangement between the authority and another person. external entity , in relation to information, means an entity other than— the Minister; or if the information relates to a government agency—the responsible Minister for the government agency; or a member of the authority; or a member of the authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or if the information relates to a local government—the local government. information includes a document. person includes a government agency. s 52 prev s 52 amd 2013 No. 39 s 43 sch 1 om 2015 No. 29 s 65 pres s 52 ins 2021 No. 12 s 203 (sec.52-ssec.1) This section applies if a person believes that the disclosure of information given, or to be given, to the authority under this part is likely to damage the person’s commercial activities. (sec.52-ssec.2) The person may give the authority a written notice (a confidentiality request ) that— states the person’s belief; and asks the authority not to disclose the information to an external entity without the person’s consent. (sec.52-ssec.3) The authority may accept the person’s confidentiality request if the authority is satisfied— the person’s belief is justified; and disclosure of the information would not be in the public interest. (sec.52-ssec.4) If the authority accepts the person’s confidentiality request, the authority must not— include the information in a report about the investigation of a competitive neutrality complaint; or otherwise disclose the information to an external entity. (sec.52-ssec.5) Subsection (4) does not apply if the information is included in a report, or otherwise disclosed to an external entity, in a way that could not reasonably be expected to identify the person. (sec.52-ssec.6) In this section— commercial activities means activities conducted on a commercial basis. contractor , of the authority, means a person (other than a member or employee of the authority) who performs services for the authority— under a contract between the person and the authority; or under an arrangement between the authority and another person. external entity , in relation to information, means an entity other than— the Minister; or if the information relates to a government agency—the responsible Minister for the government agency; or a member of the authority; or a member of the authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or if the information relates to a local government—the local government. information includes a document. person includes a government agency. - (a) states the person’s belief; and - (b) asks the authority not to disclose the information to an external entity without the person’s consent. - (a) the person’s belief is justified; and - (b) disclosure of the information would not be in the public interest. - (a) include the information in a report about the investigation of a competitive neutrality complaint; or - (b) otherwise disclose the information to an external entity. - (a) under a contract between the person and the authority; or - (b) under an arrangement between the authority and another person. - (a) the Minister; or - (b) if the information relates to a government agency—the responsible Minister for the government agency; or - (c) a member of the authority; or - (d) a member of the authority’s staff, or a contractor of the authority, who would ordinarily receive the information in administering, or performing a function under, this Act; or - (e) if the information relates to a local government—the local government.