Document ID: chunk:federal_register_of_legislation:C2008C00459:clause:1_131aa:p2
Version: federal_register_of_legislation:C2008C00459
Segment Type: clause
Provision Reference: sch 1 cl 131AA (pt 2/2)
Character Range: 124958–126531

that is commercial‑in‑confidence; or
 (b) information that:
 (i) is of such a nature that its inclusion in a document would cause that document to be an exempt document of the kind referred to in subparagraph (a)(i); or
 (ii) the Minister is satisfied is commercial‑in‑confidence.

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

 (6) In deciding whether or not to approve, for the purposes of a controlling provision, the taking of the action, the Minister must take into account any relevant comments given to the Minister in response to an invitation given under paragraph (1)(b).

 (7) This section is taken to be an exhaustive statement of the requirements of the natural justice hearing rule in relation to:
 (a) the Minister's decision under section 133 whether or not to approve, for the purposes of a controlling provision, the taking of the action; and
 (b) if the decision is to approve, for the purposes of a controlling provision, the taking of the action, and the Minister decides, under section 134, to attach conditions to the approval—the Minister's decision under section 134 to attach those conditions to the approval.