Document ID: chunk:federal_register_of_legislation:C2025C00189:section:157:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 157 (pt 2/2)
Character Range: 2200576–2202729

(1A) If a request under subsection (1) relates to a document containing protected cartel information, the Commission may refuse to comply with the request.
 (1B) In exercising its powers under subsection (1A), the Commission must have regard to the following matters:
 (a) the fact that the protected cartel information was given to the Commission in confidence;
 (b) Australia's relations with other countries;
 (c) the need to avoid disruption to national and international efforts relating to law enforcement, criminal intelligence and criminal investigation;
 (d) in a case where the protected cartel information was given by an informant:
 (i) the protection or safety of the informant or of persons associated with the informant; and
 (ii) the fact that the production of a document containing protected cartel information, or the disclosure of protected cartel information, may discourage informants from giving protected cartel information in the future;
 (e) the legitimate interests of the corporation which, or the person who, made the request under subsection (1);
 (f) such other matters (if any) as the Commission considers relevant.

Court order
 (2) If the Commission does not comply with a request under subsection (1) otherwise than because of a refusal under subsection (1A), the Court shall, subject to subsection (3), upon application by the corporation which, or other person who, made the request, make an order directing the Commission to comply with the request.
 (3) The Court may refuse to make an order under subsection (2) in respect of a document or part of a document if the Court considers it inappropriate to make the order by reason that the disclosure of the contents of the document or part of the document would prejudice any person, or for any other reason.
 (4) Before the Court gives a decision on an application under subsection (2), the Court may require any documents to be produced to it for inspection.
 (5) An order under this section may be expressed to be subject to conditions specified in the order.

Definition
 (6) In this section:
protected cartel information has the same meaning as in section 157B.