Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 75

             (1)  Subject to this section, if, on an application under section 21AAA, 21P, 21ZB, 22O, 25, 29, 30A, 40D, 42, 45, 50, 60, 66 or 89, the Director is satisfied that:

                     (a)  publication of the information specified in the application 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 the information;

the information is to be treated as exempt information for the purposes of this Act.

             (2)  The Director must not grant an application under subsection (1) in relation to basic information about a chemical.

          (2A)  The Director must not grant under subsection (1) an application under section 21AAA in relation to information about the chemical name of a chemical unless the application includes a trade name of the chemical.

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

             (4)  Where the application is rejected, the application is not to be taken to have been finalised under this section for the purposes of the definition of exempt information in section 5 for 28 days after the giving of the 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.