5. Restriction on disclosure of confidential information

any information or document is given by a person to the Authority under this Act (other than Part 7); and

at the time such information or document is given, the person notifies the Authority in writing that it is of a confidential or commercially sensitive nature.

the Authority is of the opinion that —

the disclosure of the information or the contents of the document would not cause detriment to the person supplying it or to any other person who is aware of the information or document; or

although the disclosure of the information or the contents of the document would cause detriment to the person supplying it or to any other person who is aware of the information or document, the public benefit in disclosing it outweighs that detriment;

the Authority gives written notice to —

the person who supplied the information or document; and

any other person whom the Authority is aware has supplied the information or document to the person referred to in sub-paragraph (i), where the identity of such other person is known to the Authority,stating that the Authority wishes to disclose the information or contents of the document, specifying the nature of the intended disclosure, setting out detailed reasons why the Authority wishes to make the disclosure and setting out a copy of this section; and

no appeal is made to the Minister under subsection (3) within 7 days of the date of the giving of the notice.

to any member, officer or employee of the Authority or any agent, consultant, committee or panel acting for or under the direction of the Authority;

to the Minister or any agent, consultant, committee or panel acting for or under the Minister’s direction;

to an Appeal Panel;

when required to do so by any court or under any written law; or

for the purposes of any criminal proceedings.