Victorian Consolidated Legislation

Loy Yang B Act 1992 - SECT 34

Freedom of Information Act 1982

34. Freedom of Information Act 1982



(1) The Freedom of Information Act 1982 does not apply to a document to the
extent to which the document discloses information about-

   (a)  a financial model relating to the project provided by or on behalf of
        a participant to a Minister or an agency within the meaning of that
        Act or an authorised representative of such an agency;

   (b)  the disposition by a participant of an interest in the project;

   (c)  a penalty or compensation payment payable by or to a participant under
        a project agreement;

   (d)  the determination of the price of an option held by a participant
        under a project agreement; or

   (e)  a management report relating to the operation and financial
        performance of the power station prepared by or on behalf of a
        participant.

(2) A participant in the joint venture within the meaning of the State
Agreement must not, under the Freedom of Information Act 1982, disclose any
information which may entail commercial confidentiality except with the
agreement of all other participants.

(3) A decision of a participant not to disclose information because of
subsection (2) is to be taken to be a decision that is subject to review in
accordance with the Freedom of Information Act 1982.

(4) For the purposes of section 34 of the Freedom of Information Act 1982-

   (a)  a participant is to be deemed to be a business, commercial or
        financial undertaking; and

   (b)  the obligations of an agency or a Minister under subsection (3) of
        that section apply in respect of a participant whether or not the
        relevant document or documents have been supplied by the participant.



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