Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 55

55. Section 89 of the Principal Act is amended-

   (a)  by adding at the end of the sub-section (3) the words ''(including
        applications that have been withdrawn)'';

   (b)  by omitting from sub-section (4) the words ''sub-sections (5) and
        (6)''
and substituting the words ''this section'';

   (c)  by omitting paragraph (a) of sub-section (4) and substituting the
        following paragraphs:-

''(a) any document furnished to the Commission in relation to an application
for an authorization;

''(aa) any draft determination, and any summary of reasons, by the Commission
furnished to any person under section 90A;

''(ab) any record of a conference made in accordance with sub-section 90A (8)
and any certificate in relation to a conference given under sub-section 90A
(9);'';

   (d)  by omitting sub-section (5) and substituting the following
        sub-sections:-

''(5) Where a person furnishes a document to the Commission in relation to an
application for an authorization or makes an oral submission to the Commission
in relation to such an application, he may, at the time when the document is
furnished or the submission is made, request that the document or a part of
the document, or that particulars of the submission or of part of the
submission, be excluded from the register kept under sub-section (3) by reason
of the confidential nature of any of the matters contained in the document or
submission.

''(5A) Where such a request is made-

   (a)  if the document or the part of the document, or the submission or the
        part of the submission, to which the request relates contains
        particulars of-

        (i)    a secret formula or process;

        (ii)   the cash consideration offered for the acquisition of shares in
               the capital, or assets, of a body corporate; or

        (iii)  the current costs of manufacturing, producing or marketing
               goods or services,

the Commission shall exclude the document or the part of the document, or
particulars of the submission or of the part of the submission, as the case
may be, from the register kept under sub-section (3); and

   (b)  in any other case-the Commission may, if it is satisfied that it is
        desirable to do so by reason of the confidential nature of the matters
        contained in the document or the part of the document, or in the
        submission or the part of the submission, exclude the document or the
        part of the document, or particulars of the submission or of the part
        of the submission, as the case may be, from that register.

''(5B) If the Commission refuses a request to exclude a document or a part of
a document from the register kept under sub-section (3), the Commission shall,
if the person who furnished the document to the Commission so requires, return
the document or part of the document to him and, in that case, paragraph (4)
(a) does not apply in relation to the document or part of the document.

''(5C) If the Commission refuses a request to exclude particulars of an oral
submission or of part of an oral submission from the register kept under
sub-section (3), the person who made the submission may inform the Commission
that he withdraws the submission or that part of the submission and, in that
case, paragraph (4) (b) does not apply in relation to the submission or that
part of the submission, as the case may be.

''(5D) Where the Commission is satisfied that it is desirable to do so for any
reason other than the confidential nature of matters contained in a document
or submission, the Commission may exclude a document or part of a document
referred to in paragraph (4) (a) or particulars referred to in paragraph (4)
(b) from the register kept under sub-section (3).

''(5E) If a person requests, in accordance with sub-section (5) that a
document or a part of a document, or that particulars of a submission or of
part of a submission, be excluded from the register kept under sub-section
(3), the document or part of the document, or particulars of the submission or
of the part of the submission, shall not be included in that register until
the Commission has made a determination in relation to the request.''; and

   (e)  by omitting from sub-section (6) the words ''is in force under
        paragraph 22 (1) (b)'' and substituting the words ''was in force under
        paragraph 22 (1) (b) of the Trade Practices Act 1974 immediately
        before the commencement of the Trade Practices Amendment Act 1977''.