Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 95

  (1)   The Commission shall keep a register containing:

  (aa)   notices relating to voluntary industry codes given to the Commission pursuant to regulations made under section   51AE (including notices that have been withdrawn pursuant to those regulations); and

  (a)   draft notices, and summaries of reasons, by the Commission furnished to any person under section   93A; and

  (b)   records of conferences made in accordance with subsection   93A(7) and certificates in relation to conferences given under subsection   93A(8); and

  (c)   notices (including notices that have been withdrawn) given to the Commission under section   93 or 93AB; and

  (d)   documents furnished to the Commission in relation to such notices; and

  (e)   particulars of any oral submissions made to the Commission in relation to such notices; and

  (f)   particulars of notices given by the Commission to corporations in relation to notices given by corporations under section   93 or 93AB; and

  (g)   particulars of any permits given by the Commission under subparagraph   93(7)(b)(i); and

  (ga)   details of the specification of any day by the Commission under paragraph   93(7C)(b) or (c); and

  (gb)   details of the specification of any day by the Commission under paragraph   93AD(3)(b).

  (2)   Where a person furnishes a document to the Commission:

  (a)   in relation to a notice given to the Commission under section   93 or 93AB; or

  (b)   in relation to a conference held under Division   3 of Part   XI;

or makes an oral submission to the Commission in relation to the notice or the conference, he or she may, at the time when the document is furnished or the submission is made, request that the document or a part of the document, or that particulars of the submission or of part of the submission, be excluded from the register kept under subsection   (1) by reason of the confidential nature of any of the matters contained in the document or submission.

  (3)   Where such a request is made:

  (a)   if the document or part of the document, or the submission or part of the submission, to which the request relates contains particulars of:

  (i)   a secret formula or process;

  (ii)   the cash consideration offered for the acquisition of shares in the capital of a body corporate or of assets of a person; or

  (iii)   the current costs of manufacturing, producing or marketing goods or services;

    the Commission shall exclude the document or the part of the document, or particulars of the submission or of the part of the submission, as the case may be, from the register kept under subsection   (1); and

  (b)   in any other case--the Commission may, if it is satisfied that it is desirable to do so by reason of the confidential nature of matters contained in the document or the part of the document, or in the submission or the part of the submission, exclude the document or the part of the document, or particulars of the submission or of the part of the submission, as the case may be, from that register.

  (4)   If the Commission refuses a request to exclude a document or a part of a document from the register kept under subsection   (1), the Commission shall, if the person who furnished the document to the Commission so requires, return the document or part of the document to him or her and, in that case, paragraph   (1)(d) does not apply in relation to the document or part of the document.

  (5)   Subsection   (4) does not apply in relation to a document that was produced to the Minister or the Commission in pursuance of a notice under section   65Q or 155.

  (6)   If the Commission refuses a request to exclude particulars of an oral submission or of part of an oral submission from the register kept under subsection   (1), the person who made the submission may inform the Commission that he or she withdraws the submission or that part of the submission and, in that case, paragraph   (1)(e) does not apply in relation to the submission or that part of the submission, as the case may be.

  (7)   Where the Commission is satisfied that it is desirable to do so for any reason other than the confidential nature of matters contained in a document or submission, the Commission may exclude a document or part of a document referred to in paragraph   (1)(d) or particulars referred to in paragraph   (1)(e) from the register kept under subsection   (1).

  (8)   If a person requests in accordance with subsection   (2) that a document or part of a document, or that particulars of a submission or of part of a submission, be excluded from the register kept under subsection   (1), the document or the part of the document, or particulars of the submission or of the part of the submission, shall not be included in that register until the Commission has made a determination in relation to the request.