Please find an advance deposit request in relation to this FOI
application. As flagged in the attached letter, nbn has responded to
various requests for data in Senate Questions-on-Notice (QONs) concerning
new developments. In particular, I refer you to the points, below, where
nbn declined to provide information and data concerning new developments
due to commercial sensitivities.
 

* In response to QON No. 137 (Senate Standing Committee on Environment
and Communications – Supplementary Budget Estimates Hearings October
2016) and regarding forecasted growth rates for new premises, nbn
indicated that due to “…infrastructure competition faced by nbn in new
developments, planning assumptions for green fields and new premises
are considered commercially sensitive.”

* In response to QON No. 220 (Additional Estimates Spill-over April
2018), nbn indicated that the company operates in a competitive market
for new developments and, as such, “take-up rates in greenfield areas
are commercially sensitive.”

 
It is important to note that statements made by nbn in the Senate are not
determinative of a finding under the FOI Act that data concerning new
developments will be considered “commercially sensitive” or subject to
nbn’s commercial activities and (therefore) not subject to the FOI Act.
However, nbn’s FOI determination will consider the QONs, mentioned above,
as well as input from nbn subject matter experts in making a finding
concerning the commercial nature of the data requested. In addition, I
would refer the applicant to the points made in the paragraph entitled
“nbn’s commercial activities’ carve-out” in the attached letter.
 
David J Mesman
General Counsel │FOI, Privacy & Knowledge Management
Corporate Advisory and Systems Engineering & Operations Legal Team
E [1][email address]
Level 13/100 Mount Street, North Sydney NSW 2060
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