Western Australian Consolidated Acts Western Australian Consolidated Acts (1) The Authority
shall, subject to this section, keep a public record of each proposal referred
to it under section 38 and shall in that public record set
out —
(a)
whether or not that proposal is to be assessed under this Part; and
(b) if
that proposal is to be assessed under this Part, the level of that assessment
and such other details as are prescribed.
(2) The proponent of a
proposal which is referred to the Authority under section 38 may at the
time of that referral or at any subsequent time request the Authority not to
keep a public record under subsection (1) of the whole or any part of
that proposal by reason of the confidential nature of any of the matters
contained in that whole or part.
(3) When a request is
made under subsection (2), the Authority —
(a)
shall, if the whole or part of the proposal to which the request relates
contains particulars of —
(i)
a secret formula or process; or
(ii)
the cash consideration offered for the acquisition of
shares in the capital, or assets, of a body corporate; or
(iii)
the current costs of manufacturing, producing or
marketing goods or services;
or
(b) may,
if the whole or part of the proposal to which the request relates does not
contain any particulars referred to in paragraph (a), but the Authority
is satisfied that it is desirable to do so by reason of the confidential
nature of the matters contained in that whole or part,
refrain from keeping a
public record under subsection (1) of that whole or part.
(4) If a request is
made under subsection (2), the Authority shall refrain from keeping a
public record under subsection (1) of the whole or part of the proposal
to which the request relates until the Authority has dealt with that request.
(5) The Authority
shall cause each public record kept by it under subsection (1) to be made
available for public inspection under such conditions and at such places and
times as are prescribed.
[Section 39 amended by No. 23 of 1996
s. 19.]