Document ID: chunk:federal_register_of_legislation:C2006C00126:clause:1_19:p2
Version: federal_register_of_legislation:C2006C00126
Segment Type: clause
Provision Reference: sch 1 cl 19 (pt 2/2)
Character Range: 9533–10835

chemical

 (6) If, having regard to any statement made to the Director under this section by the holder of a confidence about a chemical, 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 interest of any holder of a confidence who gave such a statement; and
 (b) the prejudice outweighs the public interest in the publication of those particulars;
the Director:
 (c) must decide not to transfer the chemical to the non‑confidential section; and
 (d) must give written notice of the decision to each holder of a confidence who gave such a statement.

Director's decision to transfer

 (7) If, having regard to the statement or statements given to the Director, the Director is not satisfied as specified in subsection (6), the Director:
 (a) must give written notice of the decision to transfer the chemical to each holder of a confidence who made a statement to the Director; but
 (b) must delay the transfer:
 (i) unless subparagraph (ii) applies, for 28 days after giving the notice; and
 (ii) if the holder of a confidence applies during those 28 days to the Tribunal under section 102 for the review of the Director's decision—until the application to the Tribunal is finalised.