Document ID: chunk:federal_register_of_legislation:C2004A04823:body:0:p41
Version: federal_register_of_legislation:C2004A04823
Segment Type: other
Provision Reference: 
Character Range: 103454–106356

information in a form that allows a reasonable understanding of the information without breaching that confidentiality or adversely affecting those interests.

Comptroller to maintain public record for certain purposes

"269ZJ.(1) The Comptroller must, in relation to each application received under subsection 269TB(1) or (2) or 269Z(1) or request made under subsection 269Z(2):

     (a) maintain a public record of the investigation or review conducted for the purposes of the application or request, containing, subject to subsection (2), a copy of all submissions from interested parties and all relevant correspondence between the Comptroller and other persons; and

     (b) draw the attention of all interested parties to the existence of the public record, and to their entitlement to inspect that record; and

     (c) at the request of an interested party, make the record available to that party for inspection.

"(2) To the extent that information given to the Comptroller by a person is claimed to be confidential or to be information whose publication would adversely affect a person's business or commercial interests, the person giving that information must ensure that a summary of that information:

     (a) that contains sufficient detail to allow a reasonable understanding of the substance of the information; but

     (b) that does not breach that confidentiality or adversely affect those interests;

is given to the Comptroller for inclusion in the public record.

"(3) A person is not required to give the Comptroller a summary of information under subsection (2) for inclusion in the public record if the person satisfies the Comptroller that there is no way such a summary can be given to allow a reasonable understanding of the substance of the information.

"(4) If oral information is given to the Comptroller by a person, the Comptroller must not take that information into account unless it is subsequently put in writing by the person or by the Comptroller and thereby becomes available, subject to considerations of confidentiality and to the need to protect business and commercial interests, as a part of the public record.

  "(5) If:

     (a) in relation to an application under subsection 269TB(1) or (2) or 269Z(1) or a request under subsection 269Z(2), a person claims that information is confidential or would adversely affect a person's business or commercial interests; and

     (b) the Comptroller indicates to the party that he or she disagrees with the claim;

but, despite the opinion of the Comptroller, the person making the claim will not:

  (c) agree to the inclusion of the information in the public record; or

  (d) prepare a summary of the information for inclusion in that record;

the Comptroller may disregard the information unless it is demonstrated that the information is correct.

  "(6) If:

     (a) in relation to an application