Document ID: chunk:federal_register_of_legislation:C2025C00189:section:89:p2
Version: federal_register_of_legislation:C2025C00189
Segment Type: section
Provision Reference: s 89 (pt 2/3)
Character Range: 1241189–1243760

conference given under subsection 90A(9), or under that subsection as so applied;
 (b) particulars of any oral submission made to the Commission in relation to such an application or proposal; and
 (c) the determination of the Commission on such an application or proposal and the statement of the reasons given by the Commission for that determination.
 (5) Where a person furnishes a document to the Commission in relation to an application or proposal referred to in subsection (3) or makes an oral submission to the Commission in relation to such an application or proposal, he or she 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 subsection (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 of a body corporate or assets of a person; 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 subsection (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 subsection (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 or her and, in that case, paragraph (4)(a) does not apply in relation to the document or part of the document.
 (5C) If the Commission refuses a request to exclude particulars of an oral submission or of part of an oral submission from the register kept under subsection (3), the person who made the