Competition and Consumer Regulations 2010

This regulation applies to a request to the Commission under a provision mentioned in an item in the table that a document, or a part of a document, be excluded from the register kept under the corresponding provision mentioned in the item.

A request to which subregulation (1) applies shall be made:

where the request is that a document be excluded—by writing in red near the top of each page of the document the words “Restriction of Publication Claimed”; and

where the request is that part of a document be excluded—by writing in red near the top of the first page of the document the words “Restriction of Publication of Part Claimed” (and, where the document consists of more than 5 pages, a description of where in the document that part of the document is to be found) and by clearly marking in red that part of the document.

Where a person proposes to apply, at the hearing of proceedings before the Tribunal, for a direction by the Tribunal under paragraph 106(2)(b) of the Act prohibiting or restricting, by reason of the confidential nature of any evidence or matter or for any other reason, the publication of matters contained in a document filed or lodged with the Registrar, received in evidence by the Tribunal or placed in the records of the Tribunal, the person may mark in red:

near the top of the first page of the document, the words “Restriction of Publication Claimed” (and, where the document consists of more than 5 pages, a description of where in the document those matters are contained); and

those matters.

For the purposes of subsection 165(3) of the Act, a person may claim that a document furnished to the Tribunal contains matter of a confidential nature by writing in red near the top of each page of the document the words “Restriction of Publication Claimed”.

Where the Commission has given a direction under subsection 89(5) or 95(2) of the Act as in force immediately before 1 July 1977 in respect of a document and that document is subsequently filed or lodged with the Registrar, received in evidence by the Tribunal, placed in the records of the Tribunal or otherwise furnished to the Tribunal, that direction shall be deemed to be:

a request by the person on whose application the Commission’s direction was given for a direction by the Tribunal under paragraph 106(2)(b) of the Act prohibiting or restricting the publication of matters contained in the document; and

a claim by the person on whose application the Commission’s direction was given for a direction by the Tribunal under subsection 165(3) of the Act that the document contains matter of a confidential nature.