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GAMING MACHINES ACT 2001 - SECT 136E
Confidential information relating to CMS licensee
136E Confidential information relating to CMS licensee
(1) A CMS licensee or person applying for a CMS licence may, when providing
information to the Minister in connection with a CMS licence, claim that the
information is confidential if there are sufficient grounds for such a claim.
(2) There are sufficient grounds for a claim that information is confidential
only if it appears that disclosure of the information-- (a) could adversely
affect the competitive position of the licensee, applicant or any other
person, or
(b) would result in the licensee or applicant being in breach of a
duty of confidentiality owed to another person.
(3) A claim that information
is confidential must be accompanied by a detailed statement of the reasons in
support of the claim and is not duly made unless accompanied by such a
statement.
(4) The Minister must take all reasonable steps to prevent the
disclosure of information that is claimed to be confidential unless the
disclosure is authorised by this section.
(5) The disclosure of information
that is claimed to be confidential is authorised if-- (a) the disclosure is
for the purposes of the administration of this Act to a person engaged in the
administration of this Act, or
(b) the disclosure is made with the consent of
the person who provided the information and (if disclosure could adversely
affect the competitive position of another person) that other person, or
(c)
the disclosure is authorised or required under any other Act or law, or
(d)
the disclosure is authorised or required by a court, or
(e) the disclosure
is, in the opinion of the Minister, in the public interest and the Minister is
of the opinion that the public benefit in disclosing the information outweighs
any detriment that might be suffered by any person as a result of the
disclosure.
(6) This section does not prevent the disclosure of information
that is claimed to be confidential if-- (a) the Minister is of the opinion
that there are insufficient grounds for the claim and the Minister has
notified the Minister's opinion to the person who provided the information, or
(b) the Minister is of the opinion that the information is CMS information, or
(c) the disclosure is made to a person or body prescribed by the regulations.
(7) A disclosure of information authorised by this section does not constitute
a breach of any duty of confidentiality (either by the person making the
disclosure or by the CMS licensee).
(8) In this section, information is
provided
"in connection with a CMS licence" if the information is provided in
connection with any of the following-- (a) an application for a CMS licence,
(b) activities authorised by a CMS licence,
(c) a direction to provide a
mandatory ancillary CMS service,
(d) an application to provide an
approved ancillary CMS service.
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