Northern Territory Consolidated Acts

INFORMATION ACT - SECT 57

(1) Information may be exempt under section 50 if disclosure of the information would disclose information obtained by a public sector organisation from a business, commercial or financial undertaking that is -

(a) a trade secret; or

(b) other information of a business, commercial or financial nature and the disclosure is likely to expose the undertaking unreasonably to disadvantage.

(2) To decide whether disclosure of information is likely to expose an undertaking unreasonably to disadvantage, a public sector organisation may have regard to the following considerations:

(a) whether the information is generally available to the undertaking's competitors;

(b) whether the information would be exempt under this Part if it had been brought into existence by a public sector organisation;

(c) whether the information could be disclosed without causing substantial harm to the competitive position of the undertaking;

(d) whether there are any considerations in the public interest in favour of disclosure that outweigh considerations of competitive disadvantage to the undertaking (for example, the public interest in evaluating aspects of government regulation of corporate practices or environmental controls);

(e) any other considerations that in the opinion of the public sector organisation are relevant.

(3) Information may be exempt under section 50 if disclosure of the information would disclose -

(a) a trade secret of a public sector organisation;

(b) information about a public sector organisation that is engaged in trade or commerce where the information is of a business, commercial or financial nature and the disclosure is reasonably likely to expose the organisation unreasonably to disadvantage;

(c) the results of scientific or technical research undertaken or being undertaken by a public sector organisation where -

(i) the research could lead to a patentable invention;

(ii) the disclosure of the results in an incomplete state is reasonably likely to expose a business, commercial or financial undertaking unreasonably to disadvantage; or

(iii) the disclosure of the results before completion of the research is reasonably likely to expose the public sector organisation unreasonably to disadvantage; or

(d) an examination paper, a paper submitted by a student in the course of an examination, an examiner's report or any other similar document where the uses to which the paper, report or other document have not been completed.

(4) Information referred to in subsection (1) is not exempt under section 50 if a period of 5 years has elapsed since the information was obtained by the public sector organisation.

(5) Information referred to in subsection (3) is not exempt under section 50 if a period of 5 years has elapsed since the information came into existence.

(6) The Commissioner may, if of the opinion that it is in the public interest to do so, extend the period referred to in subsection (4) or (5) on one or more occasions and on each such occasion for a limited, specified period or for an unlimited period.