Document ID: chunk:federal_register_of_legislation:C2008A00022:clause:1_531h
Version: federal_register_of_legislation:C2008A00022
Segment Type: clause
Provision Reference: sch 1 cl 531H
Character Range: 23368–26128

531H  Disclosure of protected carrier information to a company

 (1) If:
 (a) a designated request for proposal notice has been published; and
 (b) a company notifies an authorised information officer, in writing, that:
 (i) the company is considering making a submission in response to the invitation set out in the notice; or
 (ii) the company intends to make a submission in response to the invitation set out in the notice; or
 (iii) the company has made a submission in response to the invitation set out in the notice, and is considering varying the submission; or
 (iv) the company has made a submission in response to the invitation set out in the notice, and intends to vary the submission; and
 (c) if a determination is in force under subsection (3)—the notification is accompanied by such information as is specified in the determination; and
 (d) if a determination is in force under subsection (4)—an authorised information officer is satisfied that the conditions set out in the determination are met; and
 (e) if the designated request for proposal notice specifies one or more requirements that a company must meet in order to be eligible to make a submission in response to the invitation set out in the notice—an authorised information officer is satisfied that the company has met those requirements; and
 (f) a carrier has given protected carrier information to an authorised information officer;
an authorised information officer may disclose the information to an entrusted company officer of the company for the purposes of:
 (g) the consideration by the company of whether to make a submission in response to the invitation set out in the designated request for proposal notice; or
 (h) the preparation of a submission by the company in response to the invitation set out in the designated request for proposal notice; or
 (i) if the company has made a submission in response to the invitation set out in the designated request for proposal notice—the consideration by the company of whether to vary the submission; or
 (j) if the company has made a submission in response to the invitation set out in the designated request for proposal notice—the preparation by the company of a variation of the submission;
so long as the disclosure complies with any applicable restricted recipients rules.

 (2) An authorised information officer is not required to give a carrier an opportunity to be heard in relation to a decision to disclose information under subsection (1).

 (3) The Minister may, by legislative instrument, make a determination specifying information for the purposes of paragraph (1)(c).

 (4) The Minister may, by legislative instrument, make a determination setting out conditions for the purposes of paragraph (1)(d).