INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SECT 22A
Making submissions and documents available to public
INDEPENDENT PRICING AND REGULATORY TRIBUNAL ACT 1992 - SECT 22A
Making submissions and documents available to public
22A Making submissions and documents available to public
(1) The Tribunal must make a document obtained by the Tribunal in connection
with an investigation (including any submission given to the Tribunal under
section 21 and any statement or document given to the Tribunal under
section 22) available for inspection on request by any person, unless the
document contains information that the Tribunal would not be required to
disclose under the Government Information (Public Access) Act 2009 .
(2) The
Tribunal may make such a document available for inspection on request by any
person who the Tribunal considers has an interest in the investigation to
which the document relates, despite the fact that the document contains
information that the Tribunal would not be required to disclose under the
Government Information (Public Access) Act 2009 . However, the Tribunal may
only do that if the Tribunal--
(a) has given the person that gave the document
to the Tribunal (and, in the case of a document that is an agreement
registered under section 12C, the parties to the agreement) an opportunity to
make a submission to the Tribunal on whether the document should be made
available, and
(b) has considered the submission (if any), and
(c) is
satisfied that making the document available could not reasonably be expected
to damage the commercial or other interests of the State or of the person that
gave it to the Tribunal (or, in the case of a document that is an agreement
registered under section 12C, of the parties to the agreement) or of any other
person.
(3) The Tribunal may, in making a document available (or instead of
refusing to make a document available) under this section, do all or any of
the following--
(a) make parts of the document available to the public, being
parts that would, if they stood alone, constitute documents that the Tribunal
must or may, in accordance with this section, make available to the public,
(b) make the document available after deleting parts of the document that
would otherwise prevent its availability under this section,
(c) impose
conditions on the availability of part or all of a document (for example,
conditions limiting the availability to certain classes of persons or
requiring persons not to reveal the contents of the part or document).
(4) In
its deliberations under subsection (2), the Tribunal may take into account the
likely effect of conditions that the Tribunal might impose under subsection
(3).
(5) A person to whom a document is made available under subsection (2)
must not infringe any condition to which that availability is subject under
this section.
: Maximum penalty--100 penalty units.
(6) Nothing in this
section limits the operation of section 21 (5) (b).