Home Page / Legislation / Competition and Consumer Act 2010 / s 157

Competition and Consumer Act 2010 (Cth)

Section 157
Disclosure of documents by Commission

 

The provision

(1) Subject to subsection (1A), if:

(a) a corporation makes an application to the Commission under section 88, 91A, 91B or 91C or Subdivision B of Division 3 of Part VII; or

(b) the Commission proposes the revocation of an authorization under subsection 91B(3) or the revocation of an authorization and the substitution of another authorization under subsection 91C(3); or

(ba) the Commission proposes to revoke, or to revoke and substitute, a clearance under section 95AS; or

(c) a proceeding is instituted against a corporation or other person under section 77, 80, 80AC, 81 or 81A; or

(d) an application is made under, subsection 51ADB(1), section 86C or 86D or subsection 87(1A) for an order against a corporation or other person;

the Commission shall, at the request of the corporation or other person and upon payment of the prescribed fee (if any), furnish to the corporation or other person:

(e) a copy of every document that has been furnished to, or obtained by, the Commission in connexion with the matter to which the application, notice or proceeding relates and tends to establish the case of the corporation or other person; and

(f) a copy of any other document in the possession of the Commission that comes to the attention of the Commission in connexion with the matter to which the application, notice or proceeding relates and tends to establish the case of the corporation or other person;

not being a document obtained from the corporation or other person or prepared by an officer or professional adviser of the Commission.

(1AA) Subject to subsections (1AB) and (1A), if an application for an order against a person is made under:

(a) section 137F; or

(b) subsection 237(1), or section 246 or 247, of the Australian Consumer Law;

the Commission must, at the request of the person and upon payment of the prescribed fee (if any), give the person:

(c) a copy of every document that has been given to, or obtained by, the Commission in connection with the matter to which the application relates and tends to establish the case of the person; and

(d) a copy of any other document in the possession of the Commission that comes to the attention of the Commission in connection with the matter to which the application relates and tends to establish the case of the person.

(1AB) Subsection (1AA) does not apply to a document obtained from the person, or prepared by an officer or professional adviser of the Commission.

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.

Court order

(2) If the Commission does not comply with a request under subsection (1) otherwise than because of a refusal under subsection (1A), the Court shall, subject to subsection (3), upon application by the corporation which, or other person who, made the request, make an order directing the Commission to comply with the request.

(3) The Court may refuse to make an order under subsection (2) in respect of a document or part of a document if the Court considers it inappropriate to make the order by reason that the disclosure of the contents of the document or part of the document would prejudice any person, or for any other reason.

(4) Before the Court gives a decision on an application under subsection (2), the Court may require any documents to be produced to it for inspection.

(5) An order under this section may be expressed to be subject to conditions specified in the order.

Definition

(6) In this section:

"protected cartel information" has the same meaning as in section 157B.

 

Legislative history

Forthcoming

 

Commentary

Forthcoming