Part 8: Information and notices: general provision Section 94: General exemptions from duties to publish or disclose information
Subsection (1) sets out that when contracting authorities are obliged by any provision of the legislation (or regulations made under it) to publish or disclose information, there are two circumstances in which they may withhold information from publication or other disclosure. The two permissible grounds are: (a) for the purpose of safeguarding national security; and (b) where the information concerned is sensitive commercial information. The latter exemption is only available where there is an overriding public interest in it being withheld for this reason.
	Subsection (2) defines the phrase "sensitive commercial information", used in subsection (1), as meaning information which constitutes a trade secret or something that, if published or disclosed, would prejudice the commercial interests of any person (which includes legal persons such as companies).
	Subsection (3) requires contracting authorities that withhold or redact information under this section to notify anyone to whom the information would otherwise have been provided that it is being withheld or redacted and which of the two justifications is being relied upon.
	Subsection (4) establishes that the obligation to provide information on reliance on this section (in subsection (3)) does not apply in the event that the contracting authority considers that doing so would be contrary to the interests of national security.