35.—(1) Any information which is by its nature confidential, or any information which is provided on a confidential basis to the Minister, the Tribunal or any other person authorised by the Minister shall, for good cause shown, be treated as such by the Minister, the Tribunal and any person having access to such information.
(2) The confidential nature of a document shall not be used as a reason for refusing to provide it to the Minister, the Tribunal or any person authorised by the Minister.
(3) The Minister and the Tribunal shall be responsible for ensuring the confidentiality of such documents.
(4) Confidential information shall not be disclosed without specific written permission from the party submitting the confidential information.
(5) The Minister or the Tribunal shall require parties providing confidential information to furnish non-confidential summaries that are sufficient in detail to permit reasonable understanding of the substance of the confidential information.
(6) Where such parties indicate that such information is not susceptible of summary, a statement of reasons why summarisation is not possible shall be provided.
(7) The Minister or the Tribunal may disregard information presented if —
(a)
the Minister or the Tribunal finds that a request for confidentiality under subsection (1) is not warranted and the supplier of the information nevertheless is unwilling to make the information public;
(b)
the non-confidential summaries as required under subsection (5) are not in sufficient detail; or
(c)
the reasons given for not providing non-confidential summaries under subsection (6) are inadequate and the supplier of the information nevertheless refuses to provide non-confidential summaries.