(a) (Public Disclosure Obligations): Subject to clause 55.1(d), the State and any Authority may disclose any information in connection with the Project (including any Confidential Information):
(i) in accordance with Laws;
(ii) to satisfy the disclosure requirements of the Victorian Auditor-General;
(iii) to satisfy the requirements of Parliamentary accountability;
(iv) if the disclosure is in the course of the official duties of the responsible Minister, the Treasurer of Victoria or the Attorney General; [Note: To be updated as required on a project specific basis to include relevant Victorian Government departments.]
(v) to any State Associate, any Authority or any person authorised or nominated by the State to the extent necessary for the purpose of the Project provided they agree to maintain the confidentiality of any Confidential Information;
(vi) in annual reports of the State;
(vii) in accordance with policies of the State or any Authority;
(viii) to any person who is bidding for or undertakes works similar to the Works or services similar to the Services after the Expiry Date and their actual and/or potential Associates, provided the relevant person agrees to maintain the confidentiality of the Confidential Information; or
(ix) to satisfy any other recognised public requirement,
(Public Disclosure Obligations) and Project Co must use all reasonable endeavours to assist the State and any Authority in meeting its Public Disclosure Obligations.
(b) (Other purposes): The State or any Authority may disclose any information in connection with the Project (including any Confidential Information but excluding the Finance Documents and the Equity Documents) in connection with:
(i) any Interface Works or any future road, transport or infrastructure project or transaction undertaken in Victoria that may be investigated, assessed, constructed, operated or maintained from time to time including any equipment, computer hardware, computer software and computer or telecommunications systems and any complementary works or services associated with them but excluding this Project; or
(ii) the requirements of any State Project Document (including any tender process required to be conducted under the Termination Payments Schedule, the Change Compensation Principles or in respect of an Augmentation or proposed Augmentation).
[Note: Clause 55.1(b) has been prepared, by way of example, for a road project, but will be updated by the State on a project specific basis to align with the Project.]
(c) (Major Projects Skills Guarantee): Without limiting clause 55.1(a), the State, any Authority and [#] may disclose statistical information contained in the Major Projects Skills Guarantee Compliance Plan and the measures of Project Co's compliance with the Major Projects Skills Guarantee Compliance Plan. [Note: To be updated as required on a project specific basis to include relevant Victorian Government departments.]
(d) (Commercially sensitive information): Unless otherwise expressly entitled to do so in accordance with this Deed, the State must not publish or disclose any Commercially Sensitive Information without Project Co's prior written consent (which consent will not be unreasonably withheld or delayed), unless that Commercially Sensitive Information:
(i) is required or authorised to be disclosed under Law;
(ii) is reasonably necessary for the enforcement of the criminal law;
(iii) is disclosed to the State's solicitors, auditors, insurers or advisers;
(iv) is generally available to the public;
(v) is in the possession of the State without restriction in relation to disclosure before the date of receipt from Project Co;
(vi) is disclosed by the responsible Minister in reporting to the Legislative Assembly or its committees;
(vii) is required to be made available to a court in the course of proceedings to which the State or a State Associate is a party;
(viii) is disclosed to the ombudsman or for a purpose in relation to the protection of the public revenue; or
(ix) is required to be published or disclosed to enable the State to comply with the Public Disclosure Obligations under clauses 55.1(a)(i), 55.1(a)(ii), 55.1(a)(iii), 55.1(a)(iv) or 55.1(a)(vii).
(e) (Exercise of licence): Nothing in this Deed prevents the State and any sublicensees using or disclosing any information to the extent necessary or desirable for, or in connection with, the exercise of any licence granted under this Deed.