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COMMONWEALTHAct
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s 9

Meaning of confidential information

In force
Part 1Preliminary

9 Meaning of confidential information

(1)

Information is confidential for the purposes of a provision of this Act requiring or permitting a person (the decision‑maker) to table the information, publish the information or otherwise make the information publicly available if:

(a)

the decision‑maker is satisfied that the disclosure of the information in that way would cause undue distress or embarrassment to a person; or

(b)

the decision‑maker is satisfied in accordance with subsection (2) that the information is commercial‑in‑confidence; or

(c)

the decision‑maker is satisfied that disclosure of the information in that way would be contrary to the public interest.

(2)

The decision‑maker may be satisfied that information is commercial‑in‑confidence if a person demonstrates to the decision‑maker that:

(a)

the disclosure of the information could unreasonably affect the person, or a business or action related to the person, in an adverse manner; and

(b)

the information is not in the public domain; and

(c)

the information is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and

(d)

the information is not readily discoverable.

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