Commonwealth Numbered Acts

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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 100

Assessment report

Preparation

(1)
The Secretary must prepare, and give to the Minister, a report relating to the action within 20 business days after the day on which the Minister accepted the finalised report from the designated proponent.

Publication

(2)
The Secretary must provide to a person who asks for the report a copy of it (either free or at a reasonable charge determined by the Secretary).

Discretion not to publish

(3)
However, the Secretary may refuse to provide a copy of so much of the report as:

(a)
is an exempt document under the Freedom of Information Act 1982 on the grounds of the security of the Commonwealth or its providing advice to the Minister; or

(b)
the Secretary is satisfied is commercial-in-confidence.

Commercial-in-confidence

(4)
The Secretary must not be satisfied that a part of the report is commercial-in-confidence unless a person demonstrates to the Secretary that:

(a)
release of the information in that part would cause competitive detriment to the person; and

(b)
the information in that part is not in the public domain; and

(c)
the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and

(d)
the information is not readily discoverable.



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