Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_135a
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 135A
Character Range: 136767–138349

135A  Publication of recommendation reports

 (1) This section applies in relation to the following reports:
 (a) a finalised recommendation report given to the Minister under subsection 93(5);
 (b) a recommendation report given to the Minister under section 95C, 100 or 105.

 (2) Subject to subsections (3) and (4), the Secretary must provide a copy of a report to which this section applies to a person who asks for it (either at no charge or at a reasonable charge determined by the Secretary).

 (3) The Secretary is not required to provide a copy of the report under subsection (2) to anyone until after the Minister has decided, for the purposes of each controlling provision, whether or not to approve the taking of the action concerned.

 (4) The Secretary may refuse to provide, under subsection (2), a copy of so much of the report as:
 (a) is an exempt document under the Freedom of Information Act 1982 on the grounds of the security of the Commonwealth or its providing advice to the Minister; or
 (b) the Secretary is satisfied is commercial‑in‑confidence.

 (5) The Secretary must not be satisfied that a part of the report is commercial‑in‑confidence unless a person demonstrates to the Secretary that:
 (a) release of the information in that part would cause competitive detriment to the person; and
 (b) the information in that part is not in the public domain; and
 (c) the information in that part is not required to be disclosed under another law of the Commonwealth, a State or a Territory; and
 (d) the information in that part is not readily discoverable.