Australian Capital Territory Numbered Acts

INDEPENDENT PRICING AND REGULATORY (NO. 77 OF 1997) - SECT 46

46. (1) Subject to section 47, the Commission shall only disclose confidential information if—

        (a)     it is of the opinion—

              (i)     that the disclosure would not cause detriment to the person providing the information or document; or

              (ii)     that although the disclosure would cause such detriment, the public benefit in disclosure outweighs the detriment;

        (b)     it is of the opinion, in relation to any other person who is aware of the information or the contents of the document—

              (i)     that the disclosure would not cause detriment to that person; or

              (ii)     that although the disclosure would cause detriment to the person, the public benefit in disclosure outweighs the detriment;

        (c)     it gives a notice to show cause in relation to the information or document under section 45; and

        (d)     28 days have elapsed since the notice was given.

(2) In making a decision under subsection (1), the Commission shall take into account any representation made in accordance with the invitation in the notice under section 45.

(3) For the purposes of this section, the disclosure of anything that is in the public domain at the time the Commission proposes to disclose it is not to be taken to cause detriment to any person referred to in paragraph (1) (a) or (b).