South Australian Current Acts South Australian Current Acts11—Obligation to preserve confidentiality
(1) The Technical
Regulator must preserve the confidentiality of information gained by the
Technical Regulator under this Act (including information gained by an
authorised officer under Part 7) that—
(a)
could affect the competitive position of an electricity entity or other
person; or
(b) is
commercially sensitive for some other reason.
(1a) Despite
subsection (1), the Technical Regulator may disclose confidential
information in the following circumstances:
(a) as
reasonably required in connection with the administration or enforcement of
this Act (including to the Minister, the Commission and persons assisting the
Commission) or as otherwise related to the performance of the
Technical Regulator's functions (whether under this Act or any other Act);
(b) to a
person concerned in the administration or enforcement of another law of the
State, or a law of the Commonwealth or another State or a Territory of the
Commonwealth, for purposes related to the administration or operation of that
other law;
(c) to a
government agency or instrumentality of this State, the Commonwealth or
another State or Territory of the Commonwealth for purposes related to the
performance of its functions (or to a person acting on behalf of such a
government agency or instrumentality);
(d) with
the consent of the person who gave the information or to whom the information
relates;
(e) as
required by a court or tribunal constituted by law;
(f) as
authorised by the Minister.
(2) Information
classified by the Technical Regulator as confidential is not liable to
disclosure under the Freedom of Information Act 1991 .