Document ID: chunk:federal_register_of_legislation:C2004A01719:body:0:p60
Version: federal_register_of_legislation:C2004A01719
Segment Type: other
Provision Reference: 
Character Range: 144577–147319

end of the sub-section (3) the words "(including applications that have been withdrawn) ";
     (b) by omitting from sub-section (4) the words "sub-sections (5) and (6)" and substituting the words "this section";
     (c) by omitting paragraph (a) of sub-section (4) and substituting the following paragraphs: —
         "(a) any document furnished to the Commission in relation to an application for an authorization;
         "(aa) any draft determination, and any summary of reasons, by the Commission furnished to any person under section 90a;
         "(ab) any record of a conference made in accordance with sub-section 90a(8) and any certificate in relation to a conference given under sub-section 90a(9);";
     (d) by omitting sub-section (5) and substituting the following subsections:—
    "(5) Where a person furnishes a document to the Commission in relation to an application for an authorization or makes an oral submission to the Commission in relation to such an application, he may, at the time when the document is furnished or the submission is made, request that the document or a part of the document, or that particulars of the submission or of part of the submission, be excluded from the register kept under sub-section (3) by reason of the confidential nature of any of the matters contained in the document or submission.
"(5a) Where such a request is made—
     (a) if the document or the part of the document, or the submission or the part of the submission, to which the request relates contains particulars of—
       (i) a secret formula or process;
       (ii) the cash consideration offered for the acquisition of shares in the capital, or assets, of a body corporate; or
       (iii) the current costs of manufacturing, producing or marketing goods or services,
    the Commission shall exclude the document or the part of the document, or particulars of the submission or of the part of the submission, as the case may be, from the register kept under sub-section (3); and

     (b) in any other case—the Commission may, if it is satisfied that it is desirable to do so by reason of the confidential nature of the matters contained in the document or the part of the document, or in the submission or the part of the submission, exclude the document or the part of the document, or particulars of the submission or of the part of the submission, as the case may be, from that register.
"(5b) If the Commission refuses a request to exclude a document or a part of a document from the register kept under sub-section (3), the Commission shall, if the person who furnished the document to the Commission so requires, return the document or part of the document to him and, in that case, paragraph (4)(a) does