Document ID: chunk:federal_register_of_legislation:F2020L00833:reg:11
Version: federal_register_of_legislation:F2020L00833
Segment Type: reg
Provision Reference: reg 11
Character Range: 12461–14783

11  Exclusion—materially enhanced information
 (1) Information is materially enhanced information where:
 (a) the information was wholly or partly derived through the application of insight or analysis to information to which section 8 applies (source material); and
 (b) that insight or analysis:
 (i) was applied by, or on behalf of, the entity that holds the information or on whose behalf the information is held; and
 (ii) rendered the information significantly more valuable than the source material.
Note 1: The materially enhanced information may have been derived entirely from source material, or from a combination of source material and other information. It is only necessary for the application of insight or analysis to render the information significantly more valuable than the source material.
Note 2: The application of insight or analysis may have rendered the information more valuable than the source material by enhancing its usefulness, usability or commercial value.
 (2) Information is not materially enhanced information where:
 (a) the information is publicly available; or
 (b) an Australian law (other than the Act) requires the disclosure of the information to one or more of the following:
 (i) the public;
 (ii) a person who is, or at any time was, a customer or associate in relation to an arrangement;
 (iii) a class of persons that includes a person mentioned in subparagraph (ii).
Note: Section 11 only operates to exclude information from the scope of section 8. As a result, information to which sections 6, 7, 9 and 10 apply is not excluded by virtue of this section. For instance, if materially enhanced information were to fall within the terms of section 7, that information would still form part of the class of information specified for the purposes of paragraph 56AC(2)(a) of the Act.
 (3) To avoid doubt, information is not materially enhanced information if it falls within the terms of subsection 8(2) or (3).
Example: Information that meets the definition of DER register information cannot, without more, constitute materially enhanced information. However, a relevant entity may apply insight or analysis to DER register information in a way that renders it significantly more valuable than the source material. The latter may still be materially enhanced information.