Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) This regulation sets out the 4 situations in which documentary information is permanently confidential information .
Excluded information is permanently confidential
(2) Despite anything else in this Division, excluded information is permanently confidential information.
Note Excluded information is defined in regulation 1.06.
Minister classifies as permanently confidential
(3) Documentary information given by a person to the responsible Commonwealth Minister is permanently confidential information if the Minister considers the information to be:
(a) a trade secret; or
(b) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs.
Minister does not dispute classification
(4) Documentary information given by a person to the responsible Commonwealth Minister is permanently confidential information if:
(a) when the information was given, the person told the Minister in writing that the person classified the information as:
(i) a trade secret; or
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs; and
(b) the Minister did not give the person a written notice under subregulation 10.04 (1) disputing the classification.
Minister disputes classification and objection is in force
(5) Documentary information given by a person to the responsible Commonwealth Minister is permanently confidential information if:
(a) when the information was given, the person told the Minister in writing that the person classified the information as:
(i) a trade secret; or
(ii) information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs; and
(b) the Minister gave the person a written notice under subregulation 10.04 (1) disputing the classification; and
(c) either:
(i) the time for making an objection in response to the notice has not elapsed; or
(ii) the person has made an objection in response to the notice, and the objection remains in force.