Obligation to preserve confidentiality
11 Obligation to preserve confidentiality
The
Technical Regulator must preserve the confidentiality of information gained by the Technical Regulator under this Act (including information gained by an authorised officer under Part
7) that—
could affect the competitive position of an electricity entity or other person; or
is commercially sensitive for some other reason.
Despite subsection (1), the Technical Regulator may disclose confidential information in the following circumstances:
as reasonably required in connection with the administration or enforcement of this Act (including to the Minister, the Commission and persons assisting the Commission) or as otherwise related to the performance of the Technical Regulator's functions (whether under this Act or any other Act);
to a person concerned in the administration or enforcement of another law of the State, or a law of the Commonwealth or another State or a
Territory of the Commonwealth, for purposes related to the administration or operation of that other law;
to a government agency or instrumentality of this State, the
Commonwealth or another State or Territory of the Commonwealth for purposes related to the performance of its functions (or to a person acting on behalf of such a government agency or instrumentality);
with the consent of the person who gave the information or to whom the information relates;
as required by a court or tribunal constituted by law;
as authorised by the Minister.
Information classified by the Technical Regulator as confidential is not liable to disclosure under the Freedom of Information Act 1991.
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