Section 10.37 — Competition and Consumer Act 2010 (Cth)

(1) If:

(a) the Registrar is satisfied that a request has properly been made under section 10.34 that a part of a document not be open to public inspection under this Part;

(b) the Registrar has, under section 10.36, accepted an abstract for the part of the document; and

(c) the Registrar is also satisfied, on the basis of the statement of reasons in support of the request that is included in the application for provisional or final registration of the conference agreement concerned:

(i) in the case of an outwards conference agreement—that granting the request would not disadvantage Australian exporters; and

(ia) in the case of an inwards conference agreement—that granting the request would not disadvantage Australian importers; and

(ii) that the request is justified because disclosure of the part of the document would disclose:

(A) trade secrets;

(B) information (other than trade secrets) having a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or

(C) any other information concerning a person in relation to the person’s business or professional affairs, or concerning the business, commercial or financial affairs of an organisation or undertaking, the disclosure of which would, or could reasonably be expected to, unreasonably affect the person adversely in relation to the person’s lawful business or professional affairs or the organisation or undertaking in relation to its lawful business, commercial or financial affairs;

the Registrar shall, within 14 days after the making of the request, direct that the part of the document not be open to public inspection under this Part.

(2) If the Registrar is not so satisfied, the Registrar shall, within that 14 day period, refuse the request and immediately notify the applicants of the decision.

Related sections

• s 10.34 — Request for confidentiality
• s 10.35 — Abstract to accompany request for confidentiality
• s 10.36 — Examination of abstract
• s 10.38 — Application for registration to be returned where request for confidentiality refused etc.
• s 10.39 — Application also to be made for registration of varying conference agreements
• s 10.40 — Notification of happening of affecting events prior to final registration etc.

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