167Party may request AUSTEL to treat material as confidential

##### 167 Party may request AUSTEL to treat material as confidential (1) A party to an arbitration may: (a) inform AUSTEL that, in the party’s opinion, a specified part of: (i) a submission made by the party; or (ii) the preliminary analysis prepared under paragraph 166(1)(d); contains confidential commercial information; and (b) request AUSTEL not to give a copy of that part to another party or parties. (2) On receiving a request, AUSTEL must: (a) inform the other party or parties that the request has been made and of the general nature of the matters to which the relevant part of the submission or analysis relates; and (b) ask the other party or parties whether there is any objection to AUSTEL complying with the request. (3) If there is an objection to AUSTEL complying with a request, a party objecting may inform AUSTEL of its objection and of the reasons for it. (4) After considering: (a) a request; and (b) any objection; and (c) any further submissions that any party has made, at AUSTEL’s invitation, in relation to the request; AUSTEL may decide not to give to any other party a copy of so much of the requesting party’s submission, or of the preliminary analysis, as the case may be, as contains confidential commercial information that AUSTEL thinks should not be so given. (5) This section does not affect AUSTEL’s power to decide under paragraph 166(1)(b) or (e), otherwise than because of a request, not to give to a party all or part of another party’s submission, or of a preliminary analysis.