Document ID: chunk:federal_register_of_legislation:C2006A00131:clause:1_95ai
Version: federal_register_of_legislation:C2006A00131
Segment Type: clause
Provision Reference: sch 1 cl 95AI
Character Range: 22355–24736

95AI  Confidentiality claims etc.

Requests for confidential treatment

 (1) If a person gives information to the Commission in relation to an application or proposal referred to in subsection 95AH(1), the person may, at the time of giving the information, request that the information be excluded from the merger clearance register and the Commission's website because of its confidential nature.

Confidentiality claims to be determined first

 (2) If such a request is made, the Commission must exclude the information from the register and its website until it has made a determination on the request.

When Commission must exclude information—request made

 (3) If such a request is made, the Commission must exclude the information from the register and its website if the information contains particulars of:
 (a) a secret formula or process; or
 (b) the cash consideration offered for the acquisition of shares in the capital of a body corporate or assets of a person; or
 (c) the current costs of manufacturing, producing or marketing goods or services.

When Commission may exclude information—request made

 (4) If such a request is made, the Commission may, if it is satisfied that it is desirable to do so because of the confidential nature of the information, exclude the information from the register and its website.

If request refused, document may be withdrawn

 (5) If the Commission refuses such a request and the information is contained in a document, the Commission must, if the person who gave the document to it so requires, return the document or part of the document to the person. In that case, it must exclude the document or the part of the document (as the case requires) from the register and its website.

If request refused, oral submission may be withdrawn

 (6) If the Commission refuses such a request and the information was given by way of oral submission, the person who made the submission may withdraw all or part of the submission. In that case, the Commission must exclude the submission or part of the submission (as the case requires) from the register and its website.

When Commission may exclude information—no request made

 (7) The Commission may exclude information from the register and its website if it is satisfied that it is desirable to do so for any reason other than the confidential nature of the information.