Obligation to preserve confidentiality
40 Obligation to preserve confidentiality
(1) A system controller must preserve the confidentiality of information that:
(a) could affect the competitive position of an electricity entity or other person; or
is commercially sensitive for some other reason.
Information referred to in subsection (1) may be disclosed if:
(a) the disclosure is made to another person who is also performing a function under this Act; or
(ab) the disclosure is made to the AER under the National Electricity (NT) Law; or
(b) the disclosure is made with the consent of the person who gave the information or to whom the information relates; or
the disclosure is authorised or required under any Act or law; or
(d) the disclosure is authorised or required by a court or tribunal constituted by law; or
the disclosure is authorised by regulations.
(3) If a person when giving information to the system controller claims that the information is information referred to in subsection (1), the system controller must, before disclosing the information, give the person written notice of the proposed disclosure and the reasons for the disclosure.
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