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s 35

Confidentiality — reports and other documents

In force

35 Confidentiality — reports and other documents

(1)

A report that must be prepared under the Financial Management Act 2006 Part 5 (and any accompanying document) and any other report or document of the Chemistry Centre that is to be, or might be, made public, must not include client related information or personal information unless each person or organisation to whom the information relates has given consent to including the information.

(2)

The Chemistry Centre may request the Minister to delete from —

(a)

a copy of a report under the Financial Management Act 2006 Part 5 (and any accompanying document) that is to be laid before a House of Parliament or made public; or

(b)

any other document of the Chemistry Centre that is to be, or might be, made public,

information that is of a commercially sensitive nature (but which is not client related information or personal information), and the Minister may, despite the Financial Management Act 2006 section 64 or an obligation, however arising, to make the document public, comply with the request except where the document is to be laid before either House of Parliament by its own order.

(3)

Subsections (1) and (2) do not apply to the extent to which —

(a)

the information is already in the public domain;

(b)

the information is summary or statistical information that could not reasonably be expected to enable particulars relating to any person to be ascertained; or

(c)

the disclosure of the information is authorised by each person or organisation to whom it relates.

(4)

Subsection (2) does not apply to the extent to which disclosure of the information to the Minister is required by another written law.

(5)

A copy of a document from which any matter has been deleted must —

(a)

contain a statement, at the place in the document where the matter was deleted, detailing the reasons for the deletion; and

(b)

if the deletion occurred under subsection (2) — be accompanied by an opinion from the Auditor General stating that the information deleted is commercially sensitive.

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