South Australian Numbered Acts

STATUTES AMENDMENT (NATIONAL ELECTRICITY AND GAS LAWS--INFORMATION COLLECTION AND PUBLICATION) ACT 2016 (NO 55 OF 2016) - SECT 5

5—Insertion of sections 28OA and 28OB

After section 28O insert:

28OA—Confidentiality issues

        (1)         If a person wishes, in complying with a regulatory information instrument, to give information to the AER in confidence, the person must, when the information is given to the AER—

            (a)         make a claim of confidentiality; and

            (b)         provide reasons in support of the claim, which must include—

                  (i)         information about any detriment that might be caused to the person if the information were to be disclosed by the AER; and

                  (ii)         information—

                        (A)         that is reasonably within the person's knowledge and capacity to give; and

                        (B)         that may be relevant to the AER's consideration under section 28ZB of whether such detriment may be considered as outweighing the public benefit in disclosing the information.

        (2)         A person may, in providing reasons in support of a claim under subsection (1)

in respect of information received from another person (a "third party ), include information—

            (a)         that is reasonably within the person's knowledge and capacity to give; and

            (b)         that—

                  (i)         is about any detriment that might be caused to the third party if the information were to be disclosed by the AER; and

                  (ii)         may be relevant to the AER's consideration under section 28ZB of whether such detriment may be considered as outweighing the public benefit in disclosing the information.

        (3)         A person must, in acting under subsection (1)

, specifically identify the information in relation to which the claim is made.

        (4)         Information given to the AER in compliance with a regulatory information instrument is not to be regarded as being given to the AER in confidence (or to be confidential in any other respect) unless it is subject to an express claim of confidentiality made in accordance with this section.

28OB—Disclosure of information given to AER in compliance with regulatory information instrument

The AER, in relation to information given to the AER in compliance with a regulatory information instrument, is authorised to—

            (a)         if no claim of confidentiality has been made in accordance with section 28OA

in relation to the information, disclose the information; or

            (b)         if a claim of confidentiality has been made in accordance with section 28OA

in relation to the information, disclose the information in accordance with Division 6.