Commonwealth Consolidated Acts

AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN ACT 2015 - SECT 9

  (1)   Information is confidential for the purposes of a provision of this Act requiring or permitting a person (the decision - maker ) to table the information, publish the information or otherwise make the information publicly available if:

  (a)   the decision - maker is satisfied that the disclosure of the information in that way would cause undue distress or embarrassment to a person; or

  (b)   the decision - maker is satisfied in accordance with subsection   (2) that the information is commercial - in - confidence; or

  (c)   the decision - maker is satisfied that disclosure of the information in that way would be contrary to the public interest.

  (2)   The decision - maker may be satisfied that information is commercial - in - confidence if a person demonstrates to the decision - maker that:

  (a)   the disclosure of the information could unreasonably affect the person, or a business or action related to the person, in an adverse manner; 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.