Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 14

             (1)  Where:

                     (a)  an assessment certificate (other than an extension of an original certificate) for an industrial chemical is in force; and

                     (b)  the period of 5 years from the giving of the certificate ends;

the Director must include the chemical in the Inventory, and must give notice in the Chemical Gazette that he or she has done so.

Note:          The Director can include conditions and other particulars in respect of a chemical that is included in the Inventory under this section (see section 13).

             (2)  Not less than 28 days before including the chemical (including each holder of an extension of such a certificate) in the Inventory, the Director must give each holder of an assessment certificate for the chemical (including each holder of an extension of such a certificate) written notice:

                     (a)  informing them of the proposed inclusion; and

                     (b)  setting out the terms of subsections (3) and (4).

             (3)  A holder may apply in the approved form to the Director for the inclusion of the chemical in the confidential section.

             (4)  If the Director is satisfied that:

                     (a)  the publication of some or all of the chemical's particulars could reasonably be expected to prejudice substantially the commercial interests of the applicant; and

                     (b)  the prejudice outweighs the public interest in the publication of those particulars;

the Director must include the chemical in the confidential section.

             (5)  The Director must give the applicant written notice of the decision about the application.

             (6)  Where the Director decides not to include the chemical in the confidential section, he or she must delay including the chemical in the Inventory for 28 days after giving notice or, where the applicant applies during those days to the Tribunal under section 102 for the review of the decision, until the application to the Tribunal is finalised.

             (7)  Where the chemical is not included in the confidential section, it is to be included in the non‑confidential section.