Western Australian Current Regulations Western Australian Current Regulations (1) The Minister may
give a person a written notice disputing the classification of documentary
information as permanently confidential information if —
(a) the
person gave the documentary information to the Minister; and
(b) 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
(c) the
Minister does not consider the information to be —
(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.
(2) The Minister may
give a person a written notice disputing the classification of documentary
information as interpretative information if —
(a) the
person gave the documentary information to the Minister; and
(b) when
the information was given, the person told the Minister in writing that the
person classified the information as a conclusion drawn wholly or partly from,
or an opinion based wholly or partly on, other documentary information; and
(c) the
Minister does not consider the information to be a conclusion drawn wholly or
partly from, or an opinion based wholly or partly on, other documentary
information.
(3) A notice under
subregulation (1) or (2) must be given within 30 days after the
Minister receives the documentary information to which it relates.
(4) The Minister may
combine 2 or more notices to the same person under subregulation (1)
or (2), or both, into a single notice.
(5) A notice under
subregulation (1) must include the following —
(a) a
statement that the Minister considers the information to be disclosable
information and proposes to treat it as disclosable information under this
Part;
(b) a
statement inviting the person to make a written objection to the
Minister’s proposal to treat the information as disclosable information;
(c) a
statement that if the person does not make a written objection by the date
specified under paragraph (d), the information will be taken to be
disclosable information under this Part;
(d) the
date by which a written objection must be given to the Minister.
(6) A notice under
subregulation (2) must include the following —
(a) a
statement that the Minister considers the information to be basic information
and proposes to treat it as basic information under this Part;
(b) a
statement inviting the person to make a written objection to the
Minister’s proposal to treat the information as basic information;
(c) a
statement that if the person does not make a written objection by the date
specified under paragraph (d), the information will be taken to be basic
information under this Part;
(d) the
date by which a written objection must be given to the Minister.
(7) For the purposes
of subregulations (5)(d) and (6)(d), the date must be at least
45 days after the date the notice was issued.