Electricity Transmission Regulations 1996

In this regulation —

an access application made by that person;

the response by a corporation to the access application made by that person;

the report of a preliminary assessment under regulation 10(1) of that access application;

the access offer made to that person in respect of the access services which are the subject of the access application;

any information provided by that person in response to a request under regulation 9 in relation to the access application;

in respect of a person which takes electricity from the electricity transmission network, the quantity taken; and

in respect of a person which transfers electricity to the electricity transmission network, the quantity transferred.

An item of access information is sensitive information until an access agreement is entered into in respect of the access services the subject of the relevant access application, at which time it ceases to be sensitive information.

A corporation must use all reasonable endeavours to —

keep confidential any access information which comes into the possession or control of the corporation or of which the corporation becomes aware; and

ensure that the only officers and employees of the corporation who have possession of access information are those permitted by subregulation (4).

This regulation does not prevent —

the disclosure of an item of sensitive information to —

a transmission employee;

a supervising officer who requires the item for the purposes of these regulations or to discharge his or her duties; or

a legal or other professional adviser, auditor or other consultant of the corporation who requires the item for the purpose of advising the corporation;

the disclosure of an item of access information that is not sensitive information to —

an employee or officer of the corporation or a related body corporate of the corporation; or

a legal or other professional adviser, auditor or other consultant of the corporation or a related body corporate of the corporation who requires the item for the purpose of advising the corporation or that related body corporate;

the disclosure of an item of information to any regulatory authority having jurisdiction over the corporation; and

the disclosure, use or reproduction of an item of information —

if the item is at the time generally and publicly available other than as a result of a breach of this regulation by the corporation;

with the consent of the person or persons which would be affected by the disclosure, use or reproduction of that item;

to the extent required by law;

if required in connection with legal proceedings, arbitration, expert determination or other dispute resolution mechanism relating to these regulations, or for the purpose of advising a person in relation to any such matter;

that is trivial in nature;

if required to protect the safety of personnel, plant or equipment;

by or on behalf of the corporation to the extent reasonably required in connection with the corporation’s financing arrangements, investment in the corporation or a disposal of the corporation’s assets;

of an historical nature in connection with the preparation and giving of reports under these regulations and the Technical Code;

as an unidentifiable component of an aggregate sum.