Commonwealth Numbered Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 No. 8 of 1990 - SECT 19

19. (1) An industrial chemical in the confidential section must be transferred
to the non-confidential section if the Director is satisfied that it should
cease to be in the confidential section.

(2) Subject to subsection (8), an industrial chemical included in the
confidential section otherwise than under subsection 14 (4) that has not been
transferred under subsection (1) must be transferred to the non-confidential
section at the end of 3 years after the commencement of section 11.

(3) An industrial chemical included in the confidential section otherwise than
under subsection 14 (4) that has not been transferred under subsection (1) or
(2) must be transferred to the non-confidential section at the end of 6 years
after the commencement of section 11.

(4) Subject to subsection (8), an industrial chemical included in the
confidential section under subsection 14 (4) that has not been transferred
under subsection (1) must be transferred to the non-confidential section at
the end of 3 years after its inclusion.

(5) An industrial chemical included in the confidential section under
subsection 14 (4) that has not been transferred under subsection (1) or (4)
must be transferred to the non-confidential section at the end of 6 years
after its inclusion.

(6) Where the Director proposes to transfer a chemical under subsection (1),
(2) or (4), he or she must give the holders of a confidence about the chemical
written notice:

   (a)  informing them of the proposal; and

   (b)  setting out the terms of subsections (7) and (8).

(7) Where a notice is given under subsection (6), a holder of a confidence
about the chemical may, within 28 days after the giving of the notice, give
the Director a written statement setting out reasons why the chemical should
not be transferred.

(8) The Director must reconsider the proposed transfer in the light of any
statement received under subsection (7) and must:

   (a)  where the Director accepts the reasons - refrain from the transfer and
        give the holder written notice that the chemical will not be
        transferred; or (b) where the Director rejects the reasons:

        (i)    give that person written notice of the rejection; and

        (ii)   delay the transfer for 28 days after giving the notice, or,
               where the person applies during those 28 days to the Tribunal
               under section 102 for the review of the decision to reject,
               until the application is finalised.