Industrial Chemicals (Consequential Amendments and Transitional Provisions) Act 2019 (13 of 2019)

Schedule 2   Application, savings and transitional provisions

Part 6   Protection of confidential information

36   Applying to be a confidence holder in relation to confidential listings

(1) This item applies in relation to an industrial chemical that is listed on the Inventory with "confidential" in lieu of each term of the listing for the industrial chemical.

(2) A person may apply to the Executive Director to be taken, for the purposes of the new law, subject to any modifications prescribed by the transitional rules, to be a confidence holder for an approval for the proper name or end use for the industrial chemical to be treated as confidential business information under the new law.

(3) The Executive Director must grant the application if the Executive Director is satisfied that the publication of some or all of the terms of the Inventory listing for the industrial chemical could substantially prejudice the commercial interests of the applicant.

(4) After considering the application, the Executive Director must decide to:

(a) approve the application; or

(b) not approve the application.

(5) The Executive Director must:

(a) give the applicant written notice of:

(i) the Executive Director's decision on the application; and

(ii) if the decision is to not approve the application - the reasons for the decision; and

(b) do so within 20 working days after the day the application is made.

(6) Section 167 of the new law applies in relation to the application as if the application were an application made under the new law.