Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 19

Definitions

             (1)  In this section:

"decision not to transfer" , in respect of a chemical in the confidential section, means:

                     (a)  a decision by the Director not to transfer that chemical to the non‑confidential section of the Inventory; or

                     (b)  if:

                              (i)  the Director decides to transfer the chemical to the non‑confidential section of the Inventory; and

                             (ii)  the holder of a confidence about the chemical applies to the Tribunal for a review of the Director's decision within 28 days after the making of the decision; and

                            (iii)  the Tribunal decides to revoke the Director's decision and substitute a decision not to so transfer the chemical;

                            the Tribunal's decision.

"inclusion date" , in respect of a chemical in the confidential section means:

                     (a)  unless paragraph (b) applies--the date of the chemical's inclusion in the confidential section; or

                     (b)  if, since the chemical's inclusion in the confidential section, a decision or decisions have been made not to transfer the chemical--the date of the decision or of the last such decision.

Inclusion in confidential section to be reviewed every 5 years

             (2)  An industrial chemical, and any particulars in respect of the chemical, in the confidential section must be transferred to the non‑confidential section on the fifth anniversary of its inclusion date unless a decision not to transfer the chemical is made before that fifth anniversary.

Notice of possible transfer

             (3)  The Director must, for each chemical that is in the confidential section, notify each holder of a confidence about the chemical, in writing:

                     (a)  that the chemical will be transferred to the non‑confidential section unless a decision not to transfer the chemical is made; and

                     (b)  setting out the terms of this section.

The Director must give the notice at least 3 months before the fifth anniversary of the inclusion date in respect of that chemical.

Holder may state why chemical should not be transferred

             (4)  A holder of a confidence about a chemical may, within 28 days after being given a notice under subsection (3), give the Director a written statement setting out the reasons why the chemical should not be transferred to the non‑confidential section.

After receipt of statement Director must decide

             (5)  If a statement is given under subsection (4), the Director must, not later than the fifth anniversary of the inclusion date in respect of the chemical, make a decision whether or not to transfer the chemical to the non‑confidential section.

Director's decision not to transfer chemical

             (6)  If, having regard to any statement made to the Director under this section by the holder of a confidence about a chemical, 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 interest of any holder of a confidence who gave such a statement; and

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

the Director:

                     (c)  must decide not to transfer the chemical to the non‑confidential section; and

                     (d)  must give written notice of the decision to each holder of a confidence who gave such a statement.

Director's decision to transfer

             (7)  If, having regard to the statement or statements given to the Director, the Director is not satisfied as specified in subsection (6), the Director:

                     (a)  must give written notice of the decision to transfer the chemical to each holder of a confidence who made a statement to the Director; but

                     (b)  must delay transferring the chemical and any particulars in respect of the chemical:

                              (i)  unless subparagraph (ii) applies, for 28 days after giving the notice; and

                             (ii)  if the holder of a confidence applies during those 28 days to the Tribunal under section 102 for the review of the Director's decision--until the application to the Tribunal is finalised.