Victorian Current Acts Victorian Current Acts(1) The Freedom of Information Act 1982 does not apply to a document to the extent to which the document discloses information about—
(a) a financial model relating to the project provided by or on behalf of a participant to a Minister or an agency within the meaning of that Act or an authorised representative of such an agency;
(b) the disposition by a participant of an interest in the project;
(c) a penalty or compensation payment payable by or to a participant under a project agreement;
(d) the determination of the price of an option held by a participant under a project agreement; or
(e) a management report relating to the operation and financial performance of the power station prepared by or on behalf of a participant.
(2) A participant in the joint venture within the meaning of the State Agreement must not, under the Freedom of Information Act 1982 , disclose any information which may entail commercial confidentiality except with the agreement of all other participants.
(3) A decision of a participant not to disclose information because of subsection (2) is to be taken to be a decision that is subject to review in accordance with the Freedom of Information Act 1982 .
(4) For the purposes of section 34 of the Freedom of Information Act 1982 —
(a) a participant is to be deemed to be a business, commercial or financial undertaking; and
(b) the obligations of an agency or a Minister under subsection (3) of that section apply in respect of a participant whether or not the relevant document or documents have been supplied by the participant.
Ss 35, 36 repealed by No. 66/1993 s. 6.
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S. 37
repealed by No. 55/1997
s. 22(e).
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Pt 5 (Heading and ss 38–44) repealed
by No. 55/1997
s. 22(f).
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