Commonwealth Consolidated Acts

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

             (1)  If an industrial chemical was transferred to the non-confidential section under section 19 as in force before the commencement of this section, a person who was a holder of a confidence about the chemical may, within a prescribed period, apply in the approved form to the Director for the transfer of the chemical to the confidential section.

             (2)  If 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 interests of the applicant; and

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

the Director must transfer the chemical, and any particulars in respect of the chemical, to the confidential section.

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