Document ID: chunk:federal_register_of_legislation:C2025C00139:section:14:p6
Version: federal_register_of_legislation:C2025C00139
Segment Type: section
Provision Reference: s 14 (pt 6/66)
Character Range: 43924–46914

Act; and
 (ii) that is specified in the regulations.
Note: Regulations made for the purposes of subsection 40‑10(1) may provide that the Commissioner must not include information on the Register in certain circumstances.
 (2) The Commissioner must not include the information mentioned in paragraph (1)(f) before the end of 14 days after the day the warning or direction is issued, the undertaking is given, the injunction is made or the suspension or removal occurs, unless the Commissioner considers that the public interest requires the information to be included earlier.

Register to be maintained by electronic means
 (3) The Register is to be maintained by electronic means.
 (4) The Register is to be made available for public inspection on the internet.
Note: See section 150‑35 for limitations on including personal information on the Register.

40‑10  Commissioner may withhold or remove information from Register
 (1) Regulations made for the purposes of this subsection may provide that the Commissioner must not include information on the Register, or must remove information from the Register, in prescribed circumstances.
 (2) The Commissioner may decline to include information on the Register, or may remove information from the Register, if the Commissioner considers that any of the following circumstances exist:
 (a) the information:
 (i) is commercially sensitive; and
 (ii) has the potential to cause detriment to the registered entity (or former registered entity) to which it relates, or to an individual;
 (b) the information is inaccurate, is likely to cause confusion or is likely to mislead the public;
 (c) the information is likely to offend a reasonable individual;
 (d) the information could endanger public safety;
 (da) all of the following subparagraphs apply:
 (i) the information is the details of a warning issued to a registered entity by the Commissioner under Division 80, as mentioned in paragraph 40‑5(1)(f);
 (ii) the information has the potential to cause detriment to the entity, or to an individual;
 (iii) the contravention, likely contravention, non‑compliance or likely non‑compliance mentioned in subsection 80‑5(1) was not, or would not be, in bad faith;
 (iv) the contravention, likely contravention, non‑compliance or likely non‑compliance has been dealt with, or prevented, such that declining to include the information, or removing the information, would not conflict with the objects of this Act;
 (e) any circumstances prescribed by the regulations for the purposes of this paragraph.
 (3) However, the Commissioner may include the information on the Register, or decline to remove information from the Register, if the Commissioner considers that the public interest in the Register including the information outweighs the likely adverse effect of the relevant circumstance or circumstances set out in paragraphs (2)(a) to (e).
 (4) The Commissioner may remove information mentioned in paragraph 40‑5(1)(f) from the Register if: