Commonwealth Consolidated Acts

DEVELOPMENT ALLOWANCE AUTHORITY ACT 1992 - SECT 113

[Revocation of declaration]

             (1)  If:

                     (a)  there is in force a declaration under section 112 that information given by a person is to be treated as commercial‑in‑confidence information for the purposes of this Part; and

                     (b)  the DAA is satisfied that:

                              (i)  publication of the information could not reasonably be expected to prejudice substantially the commercial interests of the person; or

                             (ii)  both:

                                        (A)  publication of the information could reasonably be expected to prejudice substantially the commercial interests of the person; and

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

the DAA may, by written notice given to the entity, revoke the declaration with effect from the 21st day after the day on which the revocation is notified to the person.

[When power of revocation may be exercised]

             (2)  The DAA's powers under subsection (1) may be exercised:

                     (a)  on the DAA's own initiative; or

                     (b)  upon application being made by the person concerned.

[Confidential status maintained until reconsideration or review finalised]

             (3)  For the purposes of this Part, if:

                     (a)  the DAA revokes a declaration under section 112 relating to information; and

                     (b)  before the revocation takes effect, the person concerned requests the DAA to reconsider the decision to revoke the declaration;

the information is treated as commercial‑in‑confidence information at a particular time after the revocation takes effect if that 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 person concerned.

[Reasons for decision]

             (5)  If the DAA revokes a declaration, the notice of the revocation must set out the reasons for the revocation.