MR RICHARD
Your concern, forgive me, but the point, would imply that for me and I will use the analogy, to make a donation, would require some act of will.  Pursuant to that decision or mind, I would then do something to carry forward the idea of taking whatever it is I want to take over to somebody else and do it.   Now, your concern Judge is that in this matter,  there was no preceding decision or application of mind.  That is not so.   I look at page 14 of my Heads of Argument,  there I have a look at the situation where the Commission might apply its mind as to whether information such as that contained in and arising out of Exhibit C might or might not be made public.    We immediately are confronted by the word may, which I refer to in paragraph 3.3.3.1
"... and the Commission may having due regard to the principles of openness and transparency declare that any article produced or information provided, shall not be made public."
	It is phrased in the context that the decision which is the subject matter of the Commission's discretion, is to decide whether it should prohibit or do something not to make the information or other matter, public.