Commonwealth Numbered Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 No. 99 of 1992 - SECT 112

112.(1) If, on an application under subsection 111(1) or (2), the DAA is
satisfied that:

   (a)  publication of the information specified in the application could
        reasonably be expected to prejudice substantially the commercial
        interests of the applicant; and

   (b)  the prejudice outweighs the public interest in the publication of the
        information; the DAA may declare that the information is to be treated
        as commercial-in-confidence information for the purposes of this Part.
        (Notification of decision on application)

(2) The DAA must give the applicant written notice of the decision about the
application. (Confidential status maintained until reconsideration or review
finalised)

(3) For the purposes of this Part, if the DAA refuses an application under
subsection 111(1) or (2) in relation to information, the information is
treated as commercial-in-confidence information at a particular time if:

   (a)  the time is after the application is made but before the end of the
        period of 21 days after the giving of the notice of refusal; or

   (b)  if, during that period, the applicant requests the DAA to reconsider
        the decision refusing the application - the time is during the period
        when that reconsideration, or any subsequent application to the AAT,
        has not been finalised. (Reconsideration taken not to be finalised
        during period when AAT application can be made)

(4) For the purposes of this section, a reconsideration of a decision is taken
not to have been finalised during the period of 28 days after:

   (a)  if, because of the operation of subsection 119(4), the decision is
        taken to be confirmed - the day on which the decision is taken to have
        been confirmed; or

   (b)  in any other case - the day on which the decision on the
        reconsideration is notified to the entity concerned. (Reasons for
        decision)

(5) If the DAA refuses to make a declaration, the notice of refusal must set
out the reasons for the refusal.