Commonwealth Numbered Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 No. 8 of 1990 - SECT 79

79. The Director must disclose exempt information about a chemical to an
inquirer if:

   (a)  the Director:

        (i)    is satisfied that the inquiry is to get information for the
               protection of occupational health and safety, public health or
               the environment; and

        (ii)   is satisfied that the public interest in disclosure outweighs
               any commercial interest of the person because of whose
               application the information is exempt information; and

        (iii)  has consulted that person; and

        (iv)   in the case of information given under a notification law - has
               consulted the authority to whom the information was given; and

        (v)    in the case of information given under an
               approved foreign scheme - has consulted the government of the
               foreign country to whom the information was given; or

   (b)  the Director:

        (i)    is satisfied of the matters referred to in subparagraphs (a)
               (i) and (ii); and

        (ii)   is satisfied that delaying the disclosure to hold the
               consultations referred to in subparagraphs (a) (iii), (iv) and
               (v) could result in danger to a person's health or safety or to
               the environment.