Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 18

             (1)  Where an industrial chemical is included in the confidential section, an officer must not publish or disclose any of the particulars recorded in that section in relation to that chemical except:

                     (a)  as permitted under this section; or

                     (b)  in the course of carrying out duties and functions under this Act; or

                     (c)  by order of a court; or

                     (d)  with the consent of the holders of a confidence about the chemical.

             (2)  Where:

                     (a)  a person inquires of the Director in writing whether a particular industrial chemical that is not included in the non‑confidential section is included in the confidential section; and

                     (b)  the Director is satisfied that the person intends to introduce the chemical;

the Director may answer the inquiry.

             (3)  However, if the introduction of the chemical is subject to a condition of use included in the confidential section under section 13, then the Director may only disclose the condition if:

                     (a)  the Director has asked the person the use for which the person intends to introduce the chemical; and

                     (b)  the Director is satisfied that the person intends to introduce the chemical for that use.

             (4)  If the Director discloses a condition under subsection (3) to a person, then the Director may also disclose to the person any other conditions in the confidential section to which the introduction of the chemical is subject.