Document ID: chunk:federal_register_of_legislation:C2019A00013:clause:2_42
Version: federal_register_of_legislation:C2019A00013
Segment Type: clause
Provision Reference: sch 2 cl 42
Character Range: 33098–34704

42  Pending applications for listing in confidential section of old Inventory
(1) This item applies in relation to an application if:
 (a) the application is for the inclusion of an industrial chemical in the confidential section of the old Inventory under subsection 14(3) of the old law; and
 (b) the application is pending immediately before 1 July 2020.
(2) For the purposes of the new law, subject to this Part and any modifications prescribed by the transitional rules:
 (a) the application has effect, on and after 1 July 2020, as if it were 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.

Division 3—Confidential listings