(1) The ESC may require from an applicant under section 8 who is a Commonwealth scheme participant, evidence, in writing, that the applicant has agreed with the Commonwealth Regulator for the Commonwealth Regulator to divulge or communicate to the ESC—
(a) protected information concerning the applicant; or
(b) any other information held by the Commonwealth Regulator.
(2) The ESC may require from an applicant under section 8 who is a Commonwealth scheme participant an undertaking, in such terms as the ESC may require, to the effect of clause 1 of the Schedule.
(3) The ESC may require from an applicant under section 8 who is not a Commonwealth scheme participant an undertaking, in such terms as the ESC may require, to the effect of clause 2 of the Schedule.