Preparation

(1)

The Secretary must prepare, and give to the Minister, a report relating to the action within 20 business days after:

(b)

if the designated proponent has received comments in response to an invitation under section 93—the day the Minister accepted from the designated proponent the document described in paragraph 94(1)(a); or

(c)

if the designated proponent has not received any comments in response to an invitation under section 93—the day the designated proponent gave the Minister the statement to that effect under paragraph 94(1)(b).

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.