Confidentiality claims etc (Act subsection 44ZZR(2))
7D Confidentiality claims etc (Act subsection 44ZZR(2))
Requests for confidential treatment
If a person gives information to the Tribunal in relation to an application referred to in subregulation 7C(1), the person may, at the time of giving the information, request that the information be excluded from the register and the Commission’s website because of its confidential nature.
Confidentiality claims to be determined first
If a request is made under subregulation (1), the information must be excluded from the register and the Commission’s website until the Tribunal has made a determination on the request.
When Tribunal must exclude information
If a request is made under subregulation (1), the Tribunal must exclude the information from the register and the Commission’s website if the information contains particulars of:
the amount of electricity or gas a person has used or has a right to obtain; or
the cost of gas or electricity services to the person.
When Tribunal may exclude information
If a request is made under subregulation (1), the Tribunal may exclude the information from the register and the Commission’s website if it is satisfied that it is desirable to do so because of the confidential nature of the information.
If request refused, document may be withdrawn
The Tribunal must return the document or part of the document to the person:
if the Tribunal refuses a request made under subregulation (1) and the information is contained in the document; or
if the person who gave the document to the Tribunal so requires.
If paragraph (5)(a) or (b) applies, the Tribunal must exclude the document or the part of the document (as the case requires) from the register and the Commission’s website.
If request refused, oral submission may be withdrawn
The person who made the submission may withdraw all or part of the submission if:
the Tribunal refuses a request made under subregulation (1); and
the information was given by way of oral submission.
If subregulation (7) applies, the Tribunal must exclude the submission or part of the submission (as the case requires) from the register and the Commission’s website.
Tribunal may exclude information for other reasons
The Tribunal may exclude information from the register and the Commission’s website if it is satisfied that it is desirable to do so for any reason other than the confidential nature of the information.
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