(1) This regulation
sets out the 4 situations in which documentary information is permanently
confidential information.
(2) Despite anything
else in this Division, excluded information is permanently confidential
information.
(3) Documentary
information given by a person to the 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.
(4) Documentary
information given by a person to the 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 regulation 84(1)
disputing the classification.
(5) Documentary
information given by a person to the 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 regulation 84(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.