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

Schedule 2   Application, savings and transitional provisions

Part 7   Inventory

Division 3   Confidential listings

43   Application for confidential listing

(1) This item applies in relation to an industrial chemical if:

(a) immediately before 1 July 2020 an assessment certificate for the industrial chemical was in force under the old law; and

(b) the Executive Director has given notice to a holder of the assessment certificate that the industrial chemical is to be listed on the Inventory; and

(c) the notice was given under subsection 14(2) of the old law or paragraph 82(2)(a) of the new law.

(2) The holder of the assessment certificate may apply to the Executive Director for "confidential" to be published in lieu of each term of the Inventory listing for the industrial chemical.

(3) For the purposes of the new law, subject to this Part and any modifications prescribed by the transitional rules:

(a) an application made under subitem (2) is taken to be an application made under subsection 105(1) of the new law for the proper name for the industrial chemical to be treated as confidential business information; and

(b) subsection 82(2) of the new law applies as if:

(i) paragraph (2)(b) did not apply; and

(ii) paragraph (2)(c) were instead a requirement for a decision to have been made on the application and for the reconsideration and review rights under section 166 of the new law in relation to the decision to have been exhausted or have expired; and

(iii) paragraph (2)(d) did not apply; and

(c) if the application is approved:

(i) paragraph 108(3)(a) of the new law does not apply in relation to the industrial chemical; and

(ii) a reference in the new law to a requirement to publish an AACN in lieu of the proper name (including the CAS name, CAS number or molecular formula) for an industrial chemical is instead taken to be a reference to a requirement to publish "confidential" in lieu of each term of the Inventory listing for the industrial chemical.