53ACCC not to publish applications and submissions if confidential

53 ACCC not to publish applications and submissions if confidential

(1) Except as provided in subrule (2), the ACCC must not publish an application or a submission under Part 6 or 7, or include any information from an application or submission in its reasons for its decisions under Part 6 or 7, if: (a) the person who made the application or submission claimed, when making the application or submission, that it contains confidential information; and (b) the ACCC decides that the application or submission contains confidential information. (2) If a person claimed, when making an application or submission under Part 6 or 7, that the application or submission contained confidential information and the ACCC considers that it does contain confidential information, the ACCC may publish the application or submission, and any information from an application or submission, if the confidential information is omitted but, before so doing, must cause a note to that effect to be included in the document at the place in the document from which the information is omitted. (3) In this rule, application includes further information given by the applicant at the request of the ACCC under rule 23C, 26, 35, 41 or 47.