Document ID: chunk:federal_register_of_legislation:F2016C00156:body:0:p8
Version: federal_register_of_legislation:F2016C00156
Segment Type: other
Provision Reference: 
Character Range: 20237–23182

Act.

FSANZ will deal with CCI in accordance with section 114 of the FSANZ Act. Applicants should note that section 114 allows CCI to be disclosed to third parties in certain circumstances.

FSANZ will provide CCI to advisory committees or groups established by FSANZ to provide it with expert advice and analysis on an as needs basis, for example, information relating to analytical methods. The members. of such advisory committees and groups are subject to the same confidentiality requirements of the FSANZ Act as FSANZ staff.

     H Other confidential information

Applications must identify all non-CCI information that the applicant wishes to be treated as confidential.

That information must be separated from other material provided to FSANZ and be marked 'Confidential'. It must be accompanied by a written statement detailing the reasons as to why the applicant wishes that information to be treated as confidential. For example, disclosure of the information would be detrimental to the applicant or the information is not publicly available and known only to a limited number of people.

Applicants who provide unpublished manuscripts must indicate whether or not the author is aware that the manuscript has been provided to FSANZ.

Note:

The fact that FSANZ agrees to accept information on a confidential basis does not mean that that information cannot be made public or disclosed to others. FSANZ can be required by law, Parliament and the courts to disclose information provided to it on a confidential basis.

If applicants have concerns about personal information contained in an application being published by FSANZ on its website, they may wish to provide a redacted version of the application, in addition to the required complete electronic version of that application. FSANZ will then decide whether to publish the redacted version instead. of the complete version.

     I Exclusive capturable commercial benefit (ECCB)

The applicant should indicate whether or not the application is expected to confer an exclusive capturable commercial benefit. The applicant should provide a justification for their assertion to assist FSANZ in making a decision.

Note:

Consideration of the circumstances surrounding the application, including the following factors, may help in determining whether or not an ECCB is conferred:

     * Why are you making this application? What are you hoping to get out its approval?
     * How will you benefit from the approval of your application?
     * Who besides you, will benefit from the approval of your application? How and why will they benefit?
     * If your application is approved, whose permission will be required before anyone can derive a benefit from that approval?
     * Who holds the intellectual property in the subject matter of your application?

     J International and other national standards

     J.1 International Standards

The application must contain