Document ID: chunk:federal_register_of_legislation:F2021L00131:reg:11
Version: federal_register_of_legislation:F2021L00131
Segment Type: reg
Provision Reference: reg 11
Character Range: 10472–11708

11  Withholding information or documents
(1)     A person may request the Panel (or before the Panel is appointed, the President) to withhold information from a party (for confidentiality or other reasons).  The person making the request should:
(a)     make the request before the information is provided to the Panel or the President (as relevant)
(b)     explain why the information needs to be withheld and
(c)     include everything necessary for the Panel or the President (as relevant) to consider:
(i)      any effect on procedural fairness and
(ii)    any adverse effect to the person of providing the information.
(2)     A party that wishes to claim client legal privilege over advice given in a document (and that wishes to withhold that document or part of it) should identify:
(a)     the holder of the privilege
(b)     the circumstances in which the advice was given and
(c)     the subject matter or question(s) to which the advice was directed.
(3)     A party that wishes to inquire whether an undertaking under section 201A of the ASIC Act might satisfy the Panel may contact the Executive if it wishes to provide a draft undertaking confidentially before circulating the draft to all parties.

Part 4 Applications