Chapter 8: Regulatory Agencies and Administration of Act
Part E: Administrative provisions applicable to agencies
s212: Confidential information
- (1) When submitting information to the Commission, the Panel, the Companies Tribunal, the Council, or an inspector or investigator appointed in terms of this Act, a person may claim that all or part of that information is confidential.
- (2) Any claim contemplated in subsection (1) must be supported by a written statement explaining why the information is confidential.
- (3) The Commission, Panel, Companies Tribunal, Council, inspector or investigator, as the case may be, must:
- (a) consider a claim made in terms of subsection (1); and
- (b) as soon as practicable, make a decision on the confidentiality of the information and access to that information, and provide written reasons for that decision.
- (4) Section 172, read with the changes required by the context, applies to a decision in terms of subsection (3).
- (5) When making any ruling, decision or order in terms of this Act, the Commission, the Panel, the Companies Tribunal or the Council may take confidential information into account.
- (6) If any reasons for a decision in terms of this Act would reveal any confidential information, the Commission, the Panel, the Companies Tribunal or the Council, as the case may be, must provide a copy of the proposed reasons to the party claiming confidentiality at least 10 business days before publishing those reasons.
- (7) Within five business days after receiving a copy of proposed reasons in terms of subsection (6), a party may apply to a court for an appropriate order to protect the confidentiality of the relevant information.
Related Sections
Related Regulations
R165: Office hours and address of regulatory agencies
R166: Extension and condonation of time limits
R167: Appointment of recording officer and assignment of functions by responsible officer
R168: Filing documents
R169: Electronic filing and payments
R170: Fees
R171: Panel fees
R172: Regulatory agency notices
R173: Issuing documents by regulatory agency
R174: Content and standards for commission registers
R175: Form of Annual Report
R176: Restricted information
R177: Access to information
R178: Procedures relating to requests for exemption in terms of Section 9
R179: Procedures related to withdrawing exemptions
Related Notes
No related note.
Related Forms
CoR135.1: Complaint to Commission
CoR138: Consent to Order
CTR168: Notice challenging filed information
CoR178: Request for particulars regarding requested exemption