Document ID: chunk:federal_register_of_legislation:C2004A00735:clause:1_22a:p1
Version: federal_register_of_legislation:C2004A00735
Segment Type: clause
Provision Reference: sch 1 cl 22A (pt 1/2)
Character Range: 148776–151429

22A  Request for information that is unavailable under section 22

 (1) For the purposes of this section, each of the following persons is an eligible person:
 (a) a person who is a universal service provider for a claim period;
 (b) a person who is a digital data service provider for a claim period;
 (c) a person who is a participating person for a claim period.

 (2) An eligible person may request the ACA to make available to it specified information or documents of a kind referred to in subsection 22(1) that subsection 22(3) prevents the ACA from making available to the eligible person under section 22.

 (3) The ACA must comply with a request as provided for in section 22B. This section has effect subject to subsection (4).

 (4) The ACA must not, under this section, make available to an eligible person (the first eligible person) information, or so much of a document as sets out information:
 (a) that was obtained from, or relates to, another eligible person; and
 (b) the making available of which to the first eligible person can reasonably be expected to cause substantial damage to the other eligible person's commercial or other interests;
unless the ACA is satisfied:
 (c) that the information could be obtained by the first eligible person lawfully, and without the other eligible person's consent, from a source other than the ACA; or
 (d) in the case of a request under paragraph 22(1)(a) or (b)—that:
 (i) the first eligible person has made the request in good faith for the sole purpose of informing itself about the basis on which, or the methods by which, the ACA made the assessment concerned; and
 (ii) having regard to the policy principles in section 8A, the first eligible person's interest in being able to examine that basis and those methods in order to see how its liability to pay levy, or its entitlement to a payment under section 21C, as the case requires, has been assessed outweighs the other eligible person's interest in avoiding the damage referred to in paragraph (b); or
 (e) in the case of a request under paragraph 22(1)(c)—that:
 (i) the first eligible person has made the request in good faith for the sole purpose of informing itself about the basis on which, or the methods by which, the ACA made the decision to make the determination concerned; and
 (ii) having regard to the policy principles in section 8A, the first eligible person's interest in being able to examine that decision outweighs the other eligible person's interest in avoiding the damage referred to in paragraph (b).

 (5) In determining the question referred to in paragraph (4)(b), the ACA must have regard to:
 (a) whether