Document ID: chunk:federal_register_of_legislation:C2009A00059:clause:1_113
Version: federal_register_of_legislation:C2009A00059
Segment Type: clause
Provision Reference: sch 1 cl 113
Character Range: 70618–71880

113  After subsection 157(1)
Insert:

Protected cartel information—Commission may refuse to comply with request
 (1A) If a request under subsection (1) relates to a document containing protected cartel information, the Commission may refuse to comply with the request.
 (1B) In exercising its powers under subsection (1A), the Commission must have regard to the following matters:
 (a) the fact that the protected cartel information was given to the Commission in confidence;
 (b) Australia's relations with other countries;
 (c) the need to avoid disruption to national and international efforts relating to law enforcement, criminal intelligence and criminal investigation;
 (d) in a case where the protected cartel information was given by an informant:
 (i) the protection or safety of the informant or of persons associated with the informant; and
 (ii) the fact that the production of a document containing protected cartel information, or the disclosure of protected cartel information, may discourage informants from giving protected cartel information in the future;
 (e) the legitimate interests of the corporation which, or the person who, made the request under subsection (1);
 (f) such other matters (if any) as the Commission considers relevant.