(1)  If it appears to the Board or a council that –

(a) any information that could be kept as a trade secret would be available to the public; and

(b) the release of that information would be likely to cause financial loss to any person –

the Board or council must consult with that person before including the information on any register kept under this Act, and that person may, within 14 days, make representations to the Board or council.

(2)  After considering any representations made under subsection (1) , the Board or council must–

(a) determine whether the information is to be included in the register; and

(b) serve notice on any person who made representations of its decision.

(3)  A person who is served with a notice under subsection (2) (b) and who is aggrieved by a decision of the Board or a council to include information on a register may appeal to the Appeal Tribunal.

(4)  A person must not disclose any information relating to a trade secret used in any undertaking or equipment that has been obtained by the person in the administration of this Act or the repealed Act unless the disclosure is made –

(a) with the consent of the person carrying on the undertaking or operating the equipment; or

(b) for the purpose of any legal proceedings under this Act or the repealed Act .

Penalty:  Fine not exceeding 5 000 penalty units or imprisonment for a term not exceeding 2 years or both.

(5)  This section does not apply in relation to any information that is, under section 23AA(2) , published, provided, or made available for viewing by members of the public or a person or body.