Document ID: chunk:federal_register_of_legislation:F2008C00620:body:0:p12
Version: federal_register_of_legislation:F2008C00620
Segment Type: other
Provision Reference: 
Character Range: 29748–32683

other relevant Australian and overseas risk assessment processes.

      23 Confidentiality – national security

 Claims by an occupier of a reporting facility that information should be treated as confidential on the grounds of national security will be dealt with as follows:
 (a) if the occupier makes such a claim and the claim:

  (i) has not yet been assessed; or

  (ii) has been granted;
  the occupier will not be required to furnish the information mentioned in clause 9;
 (b) the claim is to be assessed by the Commonwealth; and
 (c) the Commonwealth may grant, or refuse, a claim.

      24 Commercial confidentiality

 (1) A claim by an occupier of a reporting facility that particular information should be treated as confidential on the grounds of commercial confidentiality will, unless the existing law of the relevant participating jurisdiction provides otherwise, be dealt with in accordance with subclauses 24(3) and 24(4).

 (2) However, if the existing law of the relevant participating jurisdiction does provide otherwise, the information must be dealt with under that law.

 (3) If subclause 24(2) does not apply and the claim has not been assessed, the information provided by the occupier under clause 9 will not be made publicly available on the National Pollutant Inventory.

 (4) If subclause 24(2) does not apply and the claim has been granted, the information for which the claim was granted should not be included on the National Pollutant Inventory unless it is included in a way (such as by aggregation with other information) that preserves the confidentiality of the information.

 (5) A claim to which subclause 24(2) does not apply should be:
 (a) assessed by the State or Territory within which the reporting facility is located using the procedures agreed between participating jurisdictions and taking account of the principles described in subclause 24(6); and
 (b) after the assessment—granted or refused by the State or Territory concerned.

 (6) The principles are:
 (a) the occupier is to justify the claim for confidentiality to the State or Territory concerned; and
 (b) the State or Territory is to weigh the interest of the occupier against the public interest in disclosure of the information.

      25 Enforcement provisions

 (1) Enforcement action may be taken by the relevant participating jurisdiction if an occupier of the reporting facility:
 (a) does not furnish information required under this Measure to the nominated agency of the relevant participating jurisdiction; or
 (b) provides false or misleading information to the nominated agency.

 (2) The enforcement action will, unless the law of the relevant participating jurisdiction provides otherwise, be taken in accordance with the following principles:
 (a) the occupier of the reporting facility will be given the opportunity for an impartial hearing;
 (b) if, following that hearing, the nominated agency thinks