Document ID: chunk:federal_register_of_legislation:C2024C00508:section:162:p2
Version: federal_register_of_legislation:C2024C00508
Segment Type: section
Provision Reference: s 162 (pt 2/4)
Character Range: 449711–452566

an evaluation that the APVMA has made of the product; or
 (ii) for the purposes of the APVMA's reconsideration of the registration of the product under Division 4 of Part 2—by disclosing the relevant particulars of the product; or
 (iii) by disclosing, subject to any conditions prescribed by the regulations, information about the toxicity of the product and its residues in relation to relevant organisms and ecosystems, including human beings; or
 (c) disclose confidential commercial information about an active constituent for a proposed or existing chemical product, or about a chemical product or any of its constituents, to:
 (i) the Commonwealth, a State or a Territory, or an authority of the Commonwealth, of a State or of a Territory; or
 (ia) the authorising party for the information; or
 (ii) a person who is expressly authorised to obtain the information by the authorising party for the information; or
 (iii) a prescribed authority or prescribed person; or
 (d) subject to subsection (4), disclose confidential commercial information about an active constituent for a proposed or existing chemical product, or about a chemical product or any of its constituents, to:
 (i) an overseas authority having similar functions to the APVMA; or
 (ii) a prescribed international organisation;
  if the authorised person thinks it is reasonable to make the disclosure and the authorising party for the information has consented to the disclosure or the authorised person has made reasonable efforts to obtain that consent.
 (4) An authorised person must not disclose information to an authority or organisation under paragraph (3)(d) without the consent of the authorising party for the information unless:
 (a) the authorised person has given to the authorising party written notice of the decision to disclose the information; and
 (b) a period of 28 days has elapsed since the notice was given.
 (6) A person who acquires information because of a disclosure under subsection (3), and any person under the control of that person, is, in respect of that information, subject to the same obligations and liabilities under subsection (1) as if that person were a person performing duties under this Code and had acquired the information in the performance of those duties.
 (7) Despite subsection (1), the authorised person may permit confidential commercial information about a constituent or chemical product to be disclosed to a Government, body or person:
 (a) for the purpose of enabling the Government, body or person to give advice to the APVMA or to another Government, body or person in accordance with section 8 of the Agricultural and Veterinary Chemicals (Administration) Act 1992; or
 (b) if the person is a co‑ordinator for a jurisdiction—for the purpose of enabling the co‑ordinator to make a recommendation to the APVMA in accordance