OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (RESOURCE MANAGEMENT AND ADMINISTRATION) REGULATIONS 2011 - REG 8.04 Classification dispute notice

OFFSHORE PETROLEUM AND GREENHOUSE GAS STORAGE (RESOURCE MANAGEMENT AND ADMINISTRATION) REGULATIONS 2011 - REG 8.04

Classification dispute notice for permanently confidential information

  (1)   The Titles Administrator may give a person a written notice disputing the classification of documentary information as permanently confidential information if:

  (a)   the person gave the documentary information to the Titles Administrator; and

  (b)   when the information was given, the person told the Titles Administrator in writing that the person classified the information as:

  (i)   a trade secret; or

  (ii)   information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs; and

  (c)   the Titles Administrator does not consider the information to be:

  (i)   a trade secret; or

  (ii)   information the disclosure of which would, or could reasonably be expected to, adversely affect the person's business, commercial or financial affairs.

Classification dispute notice for interpretative information

  (2)   The Titles Administrator may give a person a written notice disputing the classification of documentary information as interpretative information if:

  (a)   the person gave the documentary information to the Titles Administrator; and

  (b)   when the information was given, the person told the Titles Administrator in writing that the person classified the information as a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information; and

  (c)   the Titles Administrator does not consider the information to be a conclusion drawn wholly or partly from, or an opinion based wholly or partly on, other documentary information.

Timing of notice

  (3)   A notice under subregulation   (1) or (2) must be given within 30   days after the Titles Administrator receives the documentary information to which it relates.

Notices may be combined

  (4)   The Titles Administrator may combine 2 or more notices to the same person under subregulation   (1) or (2), or both, into a single notice.

Contents of notice

  (5)   A notice must include the following:

  (a)   if the notice is given under subregulation   (1)--a statement that the Titles Administrator considers the information to be disclosable information and proposes to treat it as disclosable information under this Part;

  (b)   if the notice is given under subregulation   (2)--a statement that the Titles Administrator considers the information to be basic information and proposes to treat it as basic information under this Part;

  (c)   a statement inviting the person to make a written objection to the Titles Administrator's proposal to treat the information as:

  (i)   if the notice is given under subregulation   (1)--disclosable information; and

  (ii)   if the notice is given under subregulation   (2)--basic information;

  (d)   the date by which a written objection must be given to the Titles Administrator;

  (e)   a statement that if the person does not make a written objection by the specified date, the information will be taken under this Part to be:

  (i)   if the notice is given under subregulation   (1)--disclosable information; and

  (ii)   if the notice is given under subregulation   (2)--basic information.

  (6)   For paragraph   (5)(d), the date must be at least 45   days after the date the notice is issued.