Document ID: chunk:federal_register_of_legislation:C2024C00495:section:105
Version: federal_register_of_legislation:C2024C00495
Segment Type: section
Provision Reference: s 105
Character Range: 137257–140105

105  Applying for protection
 (1) A person may apply to the Executive Director, in the following circumstances, for the proper name for an industrial chemical to be treated as confidential business information:
 (a) in relation to an application under section 31 for an assessment certificate for the industrial chemical;
 (b) in relation to an application under section 53 for a commercial evaluation authorisation for the industrial chemical;
 (c) in relation to a pre‑introduction report for the industrial chemical under section 97 that contains information that may be published as mentioned in subsection 97(5);
 (d) any other circumstances prescribed by the rules for the purposes of this paragraph.
Note: For general requirements relating to applications: see section 167.
. (2) A person may apply to the Executive Director, in the following circumstances, for an end use of an industrial chemical to be treated as confidential business information:
 (a) in relation to an application under section 31 for an assessment certificate for the industrial chemical;
 (b) in relation to an application under section 43 to vary the end use specified in an assessment certificate for the industrial chemical;
 (c) in relation to an application under section 53 for a commercial evaluation authorisation for the industrial chemical;
 (d) in relation to an application under section 88 to vary the end use specified in the Inventory listing for the industrial chemical;
 (e) in relation to a pre‑introduction report for the industrial chemical under section 97 that contains information that may be published as mentioned in subsection 97(5);
 (f) any other circumstances prescribed by the rules for the purposes of this paragraph.
 (3) A joint application under subsection (1) or (2) may be made by 2 or more persons.
 (4) An application under subsection (1) or (2) must be given to the Executive Director:
 (a) at the same time as the related application or pre‑introduction report mentioned in subsection (1) or (2) is given; or
 (b) if circumstances prescribed by the rules for the purposes of this paragraph apply—at such other time prescribed by the rules for those circumstances.
 (5) In considering an application under subsection (1) or (2), the Executive Director must have regard to:
 (a) whether publication or disclosure of the proper name or end use (as the case requires) for the industrial chemical could reasonably be expected to substantially prejudice the commercial interests of an applicant; and
 (b) whether the prejudice outweighs the public interest in the publication of the proper name or end use (as the case requires) for the industrial chemical; and
 (c) any further information provided in accordance with section 106 or subsection 167(4); and
 (d) any advice given by a prescribed body in accordance with section 107.