National Energy Retail Law (Queensland)

Despite sections 211, 212 and 213 but subject to this section, the AER is authorised to disclose information given to it in confidence after the restricted period if the AER is of the opinion—

that the disclosure of the information would not cause detriment to the person who has given it or to the person from whom that person received it; or

that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.

Before disclosing the information, the AER must give the person who gave the information—

a notice (an initial disclosure notice) stating—

that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and

that the AER is of the opinion required by subsection (1); and

that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and

the AER’s decision, in writing, setting out the reasons why the AER—

wishes to make the disclosure; and

is of the opinion required by subsection (1).

If the AER is aware that the person who gave the information in turn received the information from another person and is aware of that other person’s identity and address, the AER must, before disclosing the information give that other person—

a notice (an initial disclosure notice) stating—

that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and

that the AER is of the opinion required by subsection (1); and

that the person, within the period specified in the notice, may make representations to the AER not to disclose the information; and

the AER’s decision, in writing, setting out the reasons why the AER—

wishes to make the disclosure; and

is of the opinion required by subsection (1).

The AER must consider every representation made to it by a person given an initial disclosure notice within the time specified in the notice.

The period of time specified in an initial disclosure notice must not be less than 5 business days after the date the initial disclosure notice is given to the person.

If after considering the representations, the AER wishes to disclose the information, the AER must give the person given the initial disclosure notice—

a notice (a further disclosure notice) stating—

that the AER wishes to disclose the information, specifying the nature of the intended disclosure; and

that the AER is of the opinion required by subsection (1); and

the AER’s decision, in writing, setting out the reasons why the AER—

wishes to make the disclosure; and

is of the opinion required by subsection (1).

For the purposes of this section, the disclosure of anything that is already in the public domain at the time the AER wishes to disclose it cannot cause detriment to any person referred to in subsection (2) or (3).

Despite anything to the contrary in this Law, this section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to—

the AER’s decision under subsection (1) to disclose information given in confidence to the AER; and

without limiting paragraph (a), if the AER’s decision under subsection (1) is to disclose the confidential information, the AER’s opinion—

that the disclosure of the information would not cause detriment to the person who gave the information or, if the person who gave the information in turn received the information from another person, that other person (as the case may be); or

that, although the disclosure of the information would cause detriment to such a person, the public benefit in disclosing it outweighs that detriment.

In this section—

an initial disclosure notice has been given under this section; or

a further disclosure notice has been given under this section,