Procurement Act 2023

94 General exemptions from duties to publish or disclose information

(1) A contracting authority is not required to publish or otherwise disclose information under this Act if the authority is satisfied that—

(a) withholding the information from publication or other disclosure is necessary for the purpose of safeguarding national security, or

(b) the information is sensitive commercial information and there is an overriding public interest in its being withheld from publication or other disclosure.

(2) “Sensitive commercial information” is information which—

(a) constitutes a trade secret, or

(b) would be likely to prejudice the commercial interests of any person if it were published or otherwise disclosed.

(3) If a contracting authority withholds information under this section, the authority must publish or notify anyone to whom the information would otherwise be provided of—

(a) the fact that information is being withheld, and

(b) whether it is being withheld under subsection (1)(a) or (1)(b).

(4) A contracting authority is not required to publish or notify someone under subsection (3) if the authority is satisfied that it would be contrary to the interests of national security to do so.