Overview of Section 45(1)(b) FOI Act

Section summary

Matter is exempt if its disclosure:

• would disclose information with a commercial value to an agency or another person (other than trade secrets); and
• could reasonably be expected to destroy or diminish the commercial value of the information.

This exemption is subject to the exception in section 45(2).

Background

Section 45(1) provides exemptions for commercially sensitive information in the possession or control of government agencies in order to prevent unwarranted commercial disadvantage to:¹

• persons carrying on commercial activities who supply information to government or about whom government collects information; or
• agencies conducting commercial activities.

¹Re Cannon and Australian Quality Egg Farms Limited (1994) 1 QAR 491 at paragraphs 27-28; Wanless Wastecorp Pty Ltd and Caboolture Shire Council; JJ Richards & Sons Pty Ltd (Third Party) (2003) 6 QAR 242 at paragraph 30.