CUSTOMS ACT 1901 - SECT 269ZJ Commissioner to maintain public record for certain purposes

CUSTOMS ACT 1901 - SECT 269ZJ

  (1)   The Commissioner must, in relation to each application received under section   269TB that leads to an investigation, each application or request under section   269ZA that leads to a review, each application or request under section   269ZDBC that leads to an inquiry and each application under section   269ZHB that leads to an inquiry:

  (a)   maintain a public record of the investigation, review or inquiry conducted for the purposes of the application or request, containing, subject to subsection   (2), a copy of all submissions from interested parties, the statement of essential facts compiled in respect of that investigation, review or inquiry, and a copy of all relevant correspondence between the Commissioner and other persons; and

  (b)   draw the attention of all interested parties to the existence of the public record, and to their entitlement to inspect that record; and

  (c)   at the request of an interested party, make the record available to that party for inspection.

  (2)   To the extent that information given to the Commissioner by a person is claimed to be confidential or to be information whose publication would adversely affect a person's business or commercial interests, the person giving that information must ensure that a summary of that information:

  (a)   that contains sufficient detail to allow a reasonable understanding of the substance of the information; but

  (b)   that does not breach that confidentiality or adversely affect those interests;

is given to the Commissioner for inclusion in the public record.

  (3)   A person is not required to give the Commissioner a summary of information under subsection   (2) for inclusion in the public record if the person satisfies the Commissioner that there is no way such a summary can be given to allow a reasonable understanding of the substance of the information.

  (4)   If oral information is given to the Commissioner by a person, the Commissioner must not take that information into account unless it is subsequently put in writing by the person or by the Commissioner and thereby becomes available, subject to considerations of confidentiality and to the need to protect business and commercial interests, as a part of the public record.

  (5)   If:

  (a)   in relation to an application under subsection   269TB(1) or (2), 269ZA(1) or 269ZDBC(1) or section   269ZHB or to a request under subsection   269ZA(3) or 269ZDBC(2), a person claims that information is confidential or would adversely affect a person's business or commercial interests; and

  (b)   the Commissioner indicates to the party that he or she disagrees with the claim;

but, despite the opinion of the Commissioner, the person making the claim will not:

  (c)   agree to the inclusion of the information in the public record; or

  (d)   prepare a summary of the information for inclusion in that record;

the Commissioner may disregard the information unless it is demonstrated that the information is correct.

  (6)   If:

  (a)   in relation to an application under subsection   269TB(1) or (2), 269ZA(1) or 269ZDBC(1) or section   269ZHB or to a request under subsection   269ZA(3) or 269ZDBC(2), a person claims that information is confidential or would adversely affect a person's business or commercial interests; and

  (b)   the Commissioner indicates to the party that he or she agrees with the claim;

but the person making the claim will not prepare a summary of the information for inclusion in that record, the Commissioner may disregard the information unless it is demonstrated that the information is correct.