Commonwealth Consolidated Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 - SECT 112

[Declaration]

             (1)  If, on an application under subsection 111(1) or (2), the DAA is satisfied that:

                     (a)  publication of the information specified in the application could reasonably be expected to prejudice substantially the commercial interests of the applicant; and

                     (b)  the prejudice outweighs the public interest in the publication of the information;

the DAA may declare that the information is to be treated as commercial‑in‑confidence information for the purposes of this Part.

[Notification of decision on application]

             (2)  The DAA must give the applicant written notice of the decision about the application.

[Confidential status maintained until reconsideration or review finalised]

             (3)  For the purposes of this Part, if the DAA refuses an application under subsection 111(1) or (2) in relation to information, the information is treated as commercial‑in‑confidence information at a particular time if:

                     (a)  the time is after the application is made but before the end of the period of 21 days after the giving of the notice of refusal; or

                     (b)  if, during that period, the applicant requests the DAA to reconsider the decision refusing the application--the time is during the period when that reconsideration, or any subsequent application to the AAT, has not been finalised.

[Reconsideration taken not to be finalised during period when AAT application can be made]

             (4)  For the purposes of this section, a reconsideration of a decision is taken not to have been finalised during the period of 28 days after:

                     (a)  if, because of the operation of subsection 119(4), the decision is taken to be confirmed--the day on which the decision is taken to have been confirmed; or

                     (b)  in any other case--the day on which the decision on the reconsideration is notified to the entity concerned.

[Reasons for decision]

             (5)  If the DAA refuses to make a declaration, the notice of refusal must set out the reasons for the refusal.