PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 83
Confidential information
PORTS AND MARITIME ADMINISTRATION ACT 1995 - SECT 83
Confidential information
83 Confidential information
(1) A port operator may, when providing
information pursuant to a direction of the Minister under this Part, claim
that the information is confidential if there are sufficient grounds for such
a claim.
(2) There are sufficient grounds for a claim that information is
confidential only if it appears that disclosure of the information:
(a) could
adversely affect the competitive position of the port operator or any other
person, or
(b) would result in the port operator being in breach of a duty of
confidentiality owed to another person.
(3) A claim that information is
confidential must be accompanied by a detailed statement of the reasons in
support of the claim and is not duly made unless accompanied by such a
statement.
(4) The Minister must take all reasonable steps to prevent the
disclosure of information that is claimed to be confidential unless the
disclosure is authorised by this section.
(5) The disclosure of information
that is claimed to be confidential is authorised if:
(a) the disclosure is for
the purposes of the administration of this Act to a person engaged in the
administration of this Act, or
(b) the disclosure is made with the consent of
the person who provided the information and (if disclosure could adversely
affect the competitive position of another person) that other person, or
(c)
the disclosure is authorised or required under any other Act or law, or
(d)
the disclosure is authorised or required by a court, or
(e) the disclosure
is, in the opinion of the Minister, in the public interest and the Minister is
of the opinion that the public benefit in disclosing the information outweighs
any detriment that might be suffered by a person as a result of the
disclosure.
(6) This section does not prevent the disclosure of information
that is claimed to be confidential if the Minister is of the opinion that
there are insufficient grounds for the claim and the Minister has notified the
Minister's opinion to the person who provided the information.
(7) A
disclosure of information authorised by this section does not constitute a
breach of any duty of confidentiality (either by the person making the
disclosure or by the port operator).
