Document ID: chunk:federal_register_of_legislation:C2024C00742:section:119b:p1
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 119B (pt 1/2)
Character Range: 235489–238351

119B  Publication requirements for submissions
 (1) This section sets out the publication requirements that apply to submissions that:
 (a) are about a particular draft; and
 (b) were received by a body or association as mentioned in:
 (i) subparagraph 117(1)(e)(iii); or
 (ii) subparagraph 117(1)(f)(iii); or
 (iii) subparagraph 119A(1)(e)(iii); or
 (iv) subparagraph 119A(1)(f)(iii).

Publication of submissions
 (2) The body or association must publish those submissions on its website.
 (3) Subsection (2) has effect subject to subsections (4) and (6).

Confidential or commercially sensitive material
 (4) If:
 (a) a submission made by a person consists wholly or partly of material that is claimed by the person to be confidential or commercially sensitive; and
 (b) the person has requested the body or association not to publish the material; and
 (c) the body or association is satisfied that the material is confidential or commercially sensitive;
then:
 (d) if the submission consists wholly of the material—the body or association is not required to publish the submission on its website; or
 (e) if:
 (i) the submission consists partly of the material; and
 (ii) it is practicable for the body or association to remove the material from the submission;
  the body or association may remove the material from the submission before publishing the submission on its website; or
 (f) if:
 (i) the submission consists partly of the material; and
 (ii) it is not practicable for the body or association to remove the material from the submission;
  the body or association is not required to publish the submission on its website.
 (5) If, under subsection (4), the body or association removes material from a submission before publishing the submission on its website, the body or association must publish on its website a statement to the effect that confidential or commercially sensitive material in the submission has not been published.

Defamatory material
 (6) If the body or association considers that a submission consists wholly or partly of material that is, or is likely to be, defamatory:
 (a) if the submission consists wholly of the material—the body or association is not required to publish the submission on its website; or
 (b) if:
 (i) the submission consists partly of the material; and
 (ii) it is practicable for the body or association to remove the material from the submission;
  the body or association may remove the material from the submission before publishing the submission on its website; or
 (c) if:
 (i) the submission consists partly of the material; and
 (ii) it is not practicable for the body or association to remove the material from the submission;
  the body or association is not required to publish the submission on its website.
 (7) If, under subsection (6), the body or association removes material from a