New South Wales Consolidated Acts

ELECTRICITY SUPPLY ACT 1995 - SECT 43EG

43EG Confidential information

(1) If a person provides information ( "protected information") to the Tribunal for the purposes of an investigation on the understanding that the information is confidential and will not be divulged, the Tribunal is required to ensure that the information is not divulged by it to any person, except:

(a) with the consent of the person who provided the information, or

(b) to the extent that the Tribunal is satisfied that the information is not confidential in nature, or

(c) to a member or officer of the Tribunal.

(2) If the Tribunal is satisfied that protected information provided to the Tribunal by a person needs to be divulged for the purposes of its report, and the exceptions in subsection (1) (a)-(c) are not applicable, the Tribunal may notify the person that the Tribunal proposes to divulge the information in its report after a specified period.

(3) After the specified period, and despite subsection (1), the Tribunal may divulge the information in its report.

(4) If the Tribunal is satisfied that it is desirable to do so because of the confidential nature of any information provided to it in connection with its functions under this Division, it may give directions prohibiting or restricting the divulging of the information.

(5) A person must not contravene a direction given under subsection (4).

Maximum penalty: 100 penalty units or imprisonment for 6 months, or both.

(6) A reference in this section to information includes information given at a meeting or hearing of the Tribunal and information contained in any documents given to the Tribunal.