Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 10.88

Exclusion of documents etc. from register of Commission investigations

             (1)  Where:

                     (a)  a person gives a document to the Commission in relation to an investigation; or

                     (b)  a person makes an oral submission to the Commission in relation to an investigation;

the person may, at the same time, request that the document, or the particulars of the submission, be excluded from the register because of the confidential nature of matters contained in the document or submission.

             (2)  If the Commission is satisfied that the request is justified because disclosure of matters contained in the document or submission would disclose:

                     (a)  trade secrets;

                     (b)  information (other than trade secrets) having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or

                     (c)  any other information concerning a person in relation to the person's business or professional affairs, or concerning the business, commercial or financial affairs of an organisation or undertaking, the disclosure of which would, or could reasonably be expected to, unreasonably affect the person adversely in relation to the person's lawful business or professional affairs or the organisation or undertaking in relation to its lawful business, commercial or financial affairs;

the Commission shall exclude the document, or the particulars of the submission, from the register.

             (3)  If:

                     (a)  the Commission refuses a request to exclude a document from the register; and

                     (b)  the person who gave the document requests the Commission to return it;

the Commission shall return the document and, in that case, paragraph 10.13(2)(d) does not apply in relation to the document.

             (4)  If:

                     (a)  the Commission refuses a request to exclude the particulars of an oral submission from the register; and

                     (b)  the person who made the submission withdraws it;

paragraph 10.13(2)(e) does not apply in relation to the submission.

             (5)  If the Commission is satisfied that it is otherwise desirable to do so, the Commission may exclude a document, or the particulars of a submission, from the register.

             (6)  If a person makes a request under subsection (1), the document or the particulars of the submission concerned must not be included in the register until the Commission has dealt with the request.

             (7)  In this section:

"document " includes a part of a document.

"investigation " means an investigation under section 10.47, 10.48, 10.50, 10.57, 10.58 or 10.63.

"register " means the register of Commission investigations.

"submission " includes a part of a submission.



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