54Where ACCC disagrees with claim that information is confidential

54 Where ACCC disagrees with claim that information is confidential

(1) If: (a) a person who makes an application or submission under Part 6 or 7 claims that the application or submission contains confidential information; and (b) the ACCC decides that the application or submission does not contain confidential information as claimed; and (c) the ACCC wishes to publish the application or submission: the ACCC must give the person written notice of the ACCC’s decision within 10 business days after receiving the application or submission. (2) The notice under subrule (1) must include: (a) a statement that the person may withdraw the claim of confidentiality by giving the ACCC written notice to that effect; and (b) a statement that, if the person wishes to withdraw the claim, the person must do so within 10 business days after receiving the ACCC’s notice under subrule (1); and (c) a statement that, if the person decides not to withdraw the claim, the following applies: (i) the ACCC may publish the application or submission if the information claimed to be confidential is omitted and a note to the effect that confidential information is omitted is inserted in the application or submission at the place from which the information is omitted; and (ii) the ACCC must not have regard to the omitted information when approving or determining infrastructure charges under Part 6 or 7. (3) If the person withdraws the claim, the ACCC may publish the entire application or submission. (4) If the person does not withdraw the claim within 10 business days after receiving the ACCC’s notice under subrule (1), then the ACCC: (a) may publish the application or submission if the confidential information is omitted and a note to the effect that confidential information is omitted is inserted in the application or submission at the place from which the information is omitted; and (b) must not have regard to the omitted information when approving or determining the infrastructure charges under Part 6 or 7. (5) 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.