Commonwealth Consolidated Acts

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Confidential information

  (1)   This section applies if a person claims that disclosure of the following information would damage the competitive position of the person:

  (a)   information made available, or to be made available, by or on behalf of the person (whether in oral evidence or in a written statement, submission or other document) at the hearing of an inquiry by the Commission or another body;

  (b)   information given, or contained in a document produced, by the person under section   95ZK to the Commission or another body.

Commission or other body to take confidentiality steps

  (2)   If the Commission or other body, as the case may be:

  (a)   is satisfied that the claim is justified; and

  (b)   is not of the opinion that disclosure of the information is necessary in the public interest;

it must take all reasonable steps to ensure that the information is not disclosed, without the consent of the person, in the proceedings or by it, to a person other than:

  (c)   in relation to the Commission:

  (i)   a member of the Commission or an associate member of the Commission; or

  (ii)   a member of the staff of the Commission who receives the information in the course of his or her duties; or

  (d)   in relation to the other body:

  (i)   the person presiding at the inquiry concerned; or

  (ii)   a person providing assistance in the inquiry to the other body.


  (3)   This section has effect despite anything in sections   95R and 95ZK.

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