Part 4MONITORING POWERS

PART 4—MONITORING POWERS 39—Regulator's power to obtain information (1) The regulator may, by written notice to the access provider, require the access provider to provide to the regulator, within a period stated in the notice or at stated intervals, specified information or copies of specified documents related to— (a) the provision of railway infrastructure services to which this Code applies; and (b) any other activity in relation to the railway engaged in by the access provider or a related body corporate or an associate of the access provider. (2) Without limiting subclause (1), the information and documents that may be required extend to financial information and documents relating to the access provider's own use of railway infrastructure facilities. (3) A person must not, without reasonable excuse, contravene or fail to comply with a notice under this clause. Penalty: $100 000 and $10 000 for each day during which the offence continues. 40—Confidentiality (1) The regulator must ensure that confidential information obtained under this Part is protected from use or disclosure except— (a) in the performance of the regulator's functions; (b) as required or allowed by law; (c) with the written consent of the person who supplied the information; or (d) in prescribed circumstances. (2) However, the regulator may disclose confidential information— (a) if the regulator is of the opinion that it is in the public interest for the regulator so to do; or (b) to an arbitrator, at the arbitrator's request, in the course of an arbitration. (2a) The regulator must, before taking action under subclause (2)(a), give the person who supplied the relevant information a reasonable opportunity to make submissions to the regulator in relation to the potential disclosure of the information. (3) Clause 33 extends to confidential information and documents supplied to an arbitrator under subclause (2)(b). 41—Duty to report to Ministers (1) The regulator must, at the request of the Northern Territory Minister or the South Australian Minister, report to the Northern Territory Minister or the South Australian Minister, as the case may be, on— (a) the costs and other aspects of the provision of railway infrastructure services; or (b) any aspect of the operation of this Code. (2) If the regulator provides a report to a Minister under subclause (1), the regulator must furnish a copy of the report to the other Minister.