Commonwealth Numbered Acts

TELECOMMUNICATIONS ACT 1991 No. 98 of 1991 - SECT 167

167. (1) A party to an arbitration may:

   (a)  inform AUSTEL that, in the party's opinion, a specified part of:

   (i)  a submission made by the party; or

   (ii) the preliminary analysis prepared under paragraph 166 (1) (d);
        contains confidential commercial information; and

   (b)  request AUSTEL not to give a copy of that part to the other party.

(2) On receiving a request, AUSTEL must:

   (a)  inform the other party that the request has been made and of the
        general nature of the matters to which the relevant part of the
        submission or analysis relates; and

   (b)  ask the other party whether it objects to AUSTEL complying with the
        request.

(3) If the other party objects to AUSTEL complying with a request, the other
party may inform AUSTEL of its objection and of the reasons for it.

(4) After considering:

   (a)  a request; and

   (b)  any objection by the other party; and

   (c)  any further submissions that either party has made, at AUSTEL's
        invitation, in relation to the request; AUSTEL may decide not to give
        to the other party a copy of so much of the requesting party's
        submission, or of the preliminary analysis, as the case may be, as
        contains confidential commercial information that AUSTEL thinks should
        not be so given.

(5) This section does not affect AUSTEL's power to decide under paragraph 166
(1) (b) or (e), otherwise than because of a request, not to give to a party
all or part of another party's submission, or of a preliminary analysis.