Page:Electricity Act 2001.pdf/18

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ELECTRICITY
19


such order may provide that all the costs or expenses of and incidental to the application shall be borne by such person or by any officer of a company or other association who is responsible for the failure.

(5) The Authority through an authorised officer may, at any time after the expiry of the period specified in the notice referred to in subsection (1), enter any building or place where the Authority has reason to believe that any document or information, in respect of which it has given the notice, may be found, and seize or take extracts or copies of any such document or information.

(6) Except in the performance of his functions or duties or when required to do so by any court or under any written law, no person who is or has been a member, an officer, an employee or an agent of the Authority or a member of a committee of the Authority shall disclose any information relating to the affairs of the Authority or of any other person which has been obtained by him in the performance of his functions or duties.

(7) Any person who contravenes subsection (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 12 months or to both.

Restriction on disclosure of confidential information

5.—(1) This section shall apply if—

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

(2) The Authority shall not disclose to any person the information or the contents of a document to which this section applies unless—

(a) the Authority is of the opinion that—
(i) 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
(ii) 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