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Part 6—Information, reporting and confidentiality

Part 6 Information, reporting and confidentiality

Division 1 Simplified outline of this Part

96   Simplified outline of this Part

There are reporting requirements for persons introducing industrial chemicals. A one-off pre-introduction report must be given to the Executive Director before a person starts introducing an industrial chemical in the reported category.

Introducers must make an annual declaration to the Executive Director relating to the introductions made during a registration year and the category of those introductions.

There are reporting obligations on certain introducers to report adverse effects. Specific information obligations can also be required by an assessment certificate, commercial evaluation authorisation, exceptional circumstances authorisation or Inventory listing.

Introducers are required to keep records to support the categorisation of industrial chemicals and the Executive Director has the power to request that such information be provided to the Executive Director.

This Part sets out the circumstances in which a person may apply to have information treated as confidential business information and protected from disclosure. It also sets out the public interest test the Executive Director applies in these circumstances.

A person can apply as part of these arrangements to have an AACN or generalised end use for an industrial chemical published in lieu of the proper name or an end use for the industrial chemical.

This Part also sets out the limited circumstances under which confidential business information can be disclosed.

Division 2 Reporting

97   Pre-introduction reports for reported introductions

             (1)  A person must give the Executive Director a report in accordance with subsection (2) if:

                     (a)  the person proposes to introduce an industrial chemical; and

                     (b)  the proposed introduction would be a reported introduction.

Note:          A reported introduction is only authorised under section 27 if the introduction is in accordance with the terms of the report. The terms of a report can be amended if necessary: see section 98.

             (2)  The report must:

                     (a)  be in the approved form; and

                     (b)  contain the information prescribed by the rules for the purposes of this paragraph for the type of reported introduction; and

                     (c)  be accompanied by any fee prescribed by the rules for the purposes of this paragraph; and

                     (d)  be given to the Executive Director before the person first introduces the industrial chemical.

             (3)  Without limiting paragraph (2)(b), the information prescribed may include (but is not limited to) the following:

                     (a)  the proper name for the industrial chemical;

                     (b)  the proposed end use for the industrial chemical;

                     (c)  information the person had regard to in determining that the proposed introduction would be a reported introduction.

             (4)  Despite paragraph (2)(d), if the report relates to a type of reported introduction prescribed by the rules for the purposes of this subsection, then:

                     (a)  the information required to be contained in the report in accordance with subsection (2) that is prescribed by the rules for the purposes of this paragraph must be given to the Executive Director before the person first introduces the industrial chemical; and

                     (b)  all other information required to be contained in the report in accordance with subsection (2) must be given to the Executive Director within 12 months after the day the person first introduces the industrial chemical.

             (5)  The Executive Director may publish information relating to reported introductions on the AICIS website if the information is of a kind prescribed by the rules for the purposes of this subsection.

98   Varying the terms of a pre-introduction report

             (1)  A person who gives a pre-introduction report to the Executive Director under section 97 may notify the Executive Director, in writing, of any variations to the pre-introduction report.

             (2)  The Executive Director must make any changes to the pre-introduction report that are notified under subsection (1).

99   Annual declaration for all introduction categories

             (1)  A person contravenes this subsection if:

                     (a)  the person introduces an industrial chemical during a registration year; and

                     (b)  the person does not make the declaration mentioned in subsection (2) within 4 months after the start of the last month of that registration year.

             (2)  The declaration must:

                     (a)  be in the approved form; and

                     (b)  contain the information prescribed by the rules for the purposes of this paragraph.

             (3)  Without limiting paragraph (2)(b), the information prescribed may include information about the categories of introductions of industrial chemicals made by the person during the year.

Fault-based offence

             (4)  A person commits an offence if the person contravenes subsection (1).

Penalty:  300 penalty units.

Strict liability offence

             (5)  A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty:  60 penalty units.

Civil penalty provision

             (6)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          300 penalty units.

100   Obligation to report information about hazards

             (1)  This section applies to:

                     (a)  a person who holds, or is covered by, an assessment certificate for the introduction of an industrial chemical; or

                     (b)  a person who has introduced an industrial chemical within the previous 12 months:

                              (i)  for which there is an Inventory listing; and

                             (ii)  for which there is an assessment statement or evaluation statement.

             (2)  The person contravenes this subsection if:

                     (a)  information becomes available to the person after the most recent assessment statement or evaluation statement for the introduction of the industrial chemical has been published; and

                     (b)  the information is about:

                              (i)  a hazard to human health or the environment from the introduction or use of the industrial chemical that is not identified in the most recent assessment statement or evaluation statement for the industrial chemical; or

                             (ii)  a hazard to human health or the environment that is identified in the most recent assessment statement or evaluation statement for the industrial chemical and indicates an increase in the severity of the hazard; and

                     (c)  the person does not make the information available to the Executive Director within 20 working days after the day the information becomes available to the person.

Fault-based offence

             (3)  A person commits an offence if the person contravenes subsection (2).

Penalty:  300 penalty units.

Strict liability offence

             (4)  A person commits an offence of strict liability if the person contravenes subsection (2).

Penalty:  60 penalty units.

Civil penalty provision

             (5)  A person is liable to a civil penalty if the person contravenes subsection (2).

Civil penalty:          300 penalty units.

101   Specific obligations to provide information

Assessment certificates

             (1)  A person contravenes this subsection if:

                     (a)  the person is the holder of, or is covered by, an assessment certificate for the introduction of an industrial chemical; and

                     (b)  the assessment certificate includes a specific requirement to provide information to the Executive Director as mentioned in paragraph 38(1)(d); and

                     (c)  the information is not given to the Executive Director in accordance with the terms of the assessment certificate.

Commercial evaluation or exceptional circumstances authorisations

             (2)  A person contravenes this subsection if:

                     (a)  the person is the holder of a commercial evaluation authorisation or an exceptional circumstances authorisation for the introduction of an industrial chemical; and

                     (b)  the authorisation includes a specific requirement to provide information to the Executive Director as mentioned in paragraph 59(1)(f) or 67(3)(e) (as the case requires); and

                     (c)  the information is not given to the Executive Director in accordance with the terms of the authorisation.

Inventory listings

             (3)  A person contravenes this subsection if:

                     (a)  the person introduces an industrial chemical that is listed on the Inventory; and

                     (b)  the terms of the Inventory listing for that industrial chemical include a specific requirement to provide information to the Executive Director as mentioned in paragraph 81(1)(e); and

                     (c)  the information is not given to the Executive Director in accordance with the terms of the Inventory listing.

Fault-based offence

             (4)  A person commits an offence if the person contravenes subsection (1), (2) or (3).

Penalty:  300 penalty units.

Strict liability offence

             (5)  A person commits an offence of strict liability if the person contravenes subsection (1), (2) or (3).

Penalty:  60 penalty units.

Civil penalty provision

             (6)  A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).

Civil penalty:          300 penalty units.

Division 3 Record keeping and information gathering

102   Information required to demonstrate categorisation

             (1)  A person contravenes this subsection if:

                     (a)  the person introduces an industrial chemical during a registration year; and

                     (b)  the rules prescribe a requirement for the purposes of this paragraph relating to information that a person must have regard to in determining the category of the introduction; and

                     (c)  the requirement is not complied with.

             (2)  A person contravenes this subsection if:

                     (a)  the Executive Director requests, by written notice, the person to provide information mentioned in paragraph (1)(b); and

                     (b)  the person does not provide the information to the Executive Director within 20 working days after the day the request is given.

             (3)  Without limiting paragraph (1)(b), the rules may prescribe different requirements for different categories of introduction.

Fault-based offence

             (4)  A person commits an offence if the person contravenes subsection (1) or (2).

Penalty:  300 penalty units.

Strict liability offence

             (5)  A person commits an offence of strict liability if the person contravenes subsection (1) or (2).

Penalty:  60 penalty units.

Civil penalty provision

             (6)  A person is liable to a civil penalty if the person contravenes subsection (1) or (2).

Civil penalty:          300 penalty units.

103   Ban on animal test data for determining category for cosmetics

             (1)  Without limiting paragraph 102(1)(b), if an industrial chemical is to be introduced for an end use solely in cosmetics, rules made for the purposes of that paragraph may include the requirement mentioned in subsection (2).

             (2)  The requirement is that, when determining the category of introduction for such an industrial chemical, a person must not use animal test data obtained from tests conducted on or after 1 July 2018 in circumstances prescribed by the rules.

104   Record keeping for all categories

             (1)  A person contravenes this subsection if:

                     (a)  the person introduces an industrial chemical during a registration year; and

                     (b)  the person does not comply with subsection (2), (3) or (4).

             (2)  The person must keep records relating to the introduction of industrial chemicals in that registration year by the person:

                     (a)  that are necessary to demonstrate the following:

                              (i)  each industrial chemical that the person introduced during the year;

                             (ii)  the category of each of those introductions;

                            (iii)  the basis on which the person determined the category of the introduction;

                            (iv)  the amount of registration charge payable by the person; or

                     (b)  that are of a kind prescribed by the rules for the purposes of this paragraph.

             (3)  The person must retain the records for 5 years beginning immediately after the end of the registration year.

             (4)  If the Executive Director requires, by written notice, the person to provide information required to be kept for the purposes of subsection (2), the person must provide the information to the Executive Director within 20 working days after the day the notice is given.

Fault-based offence

             (5)  A person commits an offence if the person contravenes subsection (1).

Penalty:  300 penalty units.

Strict liability offence

             (6)  A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty:  60 penalty units.

Civil penalty provision

             (7)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          300 penalty units.

Division 4 Confidentiality and disclosure

Subdivision A Confidentiality of proper name or end use in certain circumstances

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.

106   Executive Director may request further information

             (1)  The Executive Director may, by written notice given to an applicant, request further information to be provided for the purposes of considering the application.

             (2)  The information must be given within the period specified in the notice, which must not be less than 20 working days after the day the notice is given.

             (3)  If the requested information is not provided within the period mentioned in subsection (2), the Executive Director may take the application to be withdrawn.

107   Consultation with prescribed bodies

             (1)  In considering the application, the Executive Director may, by written notice, seek the advice of a body prescribed by the rules for the purposes of this subsection.

             (2)  The body may provide a response to the Executive Director.

             (3)  The response must be given within the period specified in the notice, which must not be less than 20 working days after the day the notice is given.

108   Decision on application

             (1)  After considering the application, the Executive Director must decide to:

                     (a)  approve the application; or

                     (b)  not approve the application.

             (2)  The Executive Director must give written notice of the decision to each applicant.

             (3)  If the decision is to approve an application to treat the proper name for an industrial chemical as confidential business information, the notice must include the following:

                     (a)  the AACN determined by the Executive Director for the industrial chemical;

                     (b)  the circumstances in which the AACN will be published in lieu of the proper name (including the CAS name, CAS number or molecular formula for the industrial chemical).

Note:          The rules may prescribe circumstances in which an AACN must be published instead of the proper name for an industrial chemical: see subsection 109(1).

             (4)  If the decision is to approve an application to treat the end use for an industrial chemical as confidential business information, the notice must include the following:

                     (a)  the generalised end use determined by the Executive Director for the industrial chemical;

                     (b)  the circumstances in which the generalised end use will be published in lieu of the end use for the industrial chemical.

Note:          The rules may prescribe circumstances in which a generalised end use must be published instead of the end use for an industrial chemical: see subsection 109(2).

             (5)  If the decision is to not approve the application, the Executive Director must not publish the proper name or end use (as the case requires) for the industrial chemical unless the reconsideration and review rights under section 166 in relation to the decision have been exhausted or have expired.

             (6)  A notice including an AACN determined under paragraph (3)(a), or a generalised end use determined under paragraph (4)(a), is not a legislative instrument.

109   When an AACN or generalised end use must be used

             (1)  The Executive Director must, during the period mentioned in subsection (3), publish an AACN for an industrial chemical in lieu of the proper name (including the CAS name, CAS number or molecular formula) for the industrial chemical if:

                     (a)  the Executive Director approves an application made under subsection 105(1) for the proper name for the industrial chemical to be treated as confidential business information; and

                     (b)  circumstances prescribed by the rules for the purposes of this paragraph apply.

             (2)  The Executive Director must, during the period mentioned in subsection (3), publish a generalised end use for an industrial chemical in lieu of the end use for an industrial chemical if:

                     (a)  the Executive Director approves an application made under subsection 105(2) for the end use for the industrial chemical to be treated as confidential business information; and

                     (b)  circumstances prescribed by the rules for the purposes of this paragraph apply.

             (3)  The period:

                     (a)  begins on the day notice of the approval is given under subsection 108(2); and

                     (b)  ends on the day:

                              (i)  notice of revocation of the approval is given under subsection 111(9); or

                             (ii)  the approval is taken to be revoked under subsection 111(11).

             (4)  This section applies:

                     (a)  subject to Subdivision C; and

                     (b)  despite any other provision of this Act which requires the proper name (including the CAS name, CAS number or molecular formula) or end use (as the case requires) for the industrial chemical to be published.

             (5)  To avoid doubt, nothing in this section is taken to change the terms of an assessment certificate, a commercial evaluation authorisation, an Inventory listing or a pre-introduction report.

110   Notice of review of protection

             (1)  This section applies if the Executive Director has approved an application under subsection 108(1) for the proper name or end use for an industrial chemical to be treated as confidential business information and any of the following circumstances apply:

                     (a)  5 years have passed since notice of the approval was given under subsection 108(2) and either:

                              (i)  the Executive Director is proposing to list the industrial chemical on the Inventory under section 82; or

                             (ii)  the industrial chemical has been listed on the Inventory under section 83;

                     (b)  5 years have passed since the Executive Director has reviewed the approval under this section and given notice not to revoke the approval under subsection 111(9);

                     (c)  circumstances prescribed by the rules for the purposes of this paragraph.

             (2)  The Executive Director must give written notice to the following (a confidence holder ):

                     (a)  each holder of the approval;

                     (b)  if circumstances prescribed by the rules apply—each other person prescribed by the rules for those circumstances.

             (3)  The notice must state that the approval will be revoked unless a confidence holder makes an application under section 111.

111   Applying for continued protection

             (1)  A confidence holder mentioned in subsection 110(2) may make an application to the Executive Director to continue the approval.

Note:          For general requirements relating to applications: see section 167.

             (2)  An application must be made within the period specified in the notice under subsection 110(2), which must not be less than 20 working days after the day the notice is given.

             (3)  In considering the application, the Executive Director must have regard to the following:

                     (a)  whether publication 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 the applicant;

                     (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;

                     (c)  any further information provided in accordance with subsection (7) of this section, or subsection 167(4);

                     (d)  any advice given by a prescribed body in accordance with subsection (7) of this section.

             (4)  The Executive Director may, by written notice given to an applicant, request further information to be provided for the purposes of considering the application.

             (5)  In considering the application, the Executive Director may, by written notice, seek the advice of a body prescribed by the rules for the purposes of this subsection.

             (6)  The body may provide a response to the request.

             (7)  Information under subsection (4), or a response under subsection (6), must be given within the period specified in the notice, which must not be less than 20 working days after the day the notice is given.

             (8)  After considering the application, the Executive Director must decide to:

                     (a)  revoke the approval; or

                     (b)  not revoke the approval.

             (9)  The Executive Director must give written notice of the decision to the following:

                     (a)  the applicant;

                     (b)  each confidence holder mentioned in subsection 110(2).

           (10)  If the decision is to revoke the approval, the Executive Director must not publish the proper name (including the CAS name, CAS number or molecular formula) or end use (as the case requires) for the industrial chemical unless the reconsideration and review rights under section 166 in relation to the decision have been exhausted or have expired.

           (11)  If no application is made within the period specified in the notice under subsection 110(2) the approval is taken to be revoked on the day after the end of that period.

Note:          If the approval related to an industrial chemical for which there is an Inventory listing, the Executive Director may vary the terms of the Inventory listing to include the proper name or end use for the industrial chemical: see section 94.

Subdivision B Confidentiality of information in other circumstances

112   Providing notice of intention to apply for protection

             (1)  A person who gives information to the Executive Director (whether under a requirement under this Act or otherwise) in relation to an industrial chemical may give notice, in the approved form, to the Executive Director:

                     (a)  that the information is to be subject to this Subdivision; and

                     (b)  nominating the person to whom the Executive Director must give any notice under section 113 in relation to the information.

             (2)  The notice must be given at the same time as the information is given to the Executive Director.

             (3)  The Executive Director must not publish information for which notice has been given under this section other than in accordance with section 113 or 114.

113   Notice of intention to publish information must be given

             (1)  If the Executive Director proposes to publish the information, the Executive Director must give written notice to the person nominated in the notice under subsection 112(1).

             (2)  The person may apply to the Executive Director for the information to be treated as confidential business information.

Note:          For general requirements relating to applications: see section 167.

             (3)  An application must be made within the period specified in the notice under subsection (1), which must not be less than 20 working days after the day the notice is given.

             (4)  A joint application under subsection (2) may be made by 2 or more persons.

             (5)  If no application is made within the period specified in the notice under subsection (1), the Executive Director may publish the information.

114   Decision on application

             (1)  In considering the application, the Executive Director must have regard to:

                     (a)  whether publication of the information 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 information.

             (2)  After considering the application, the Executive Director must decide to:

                     (a)  approve the application; or

                     (b)  not approve the application.

             (3)  The Executive Director must not approve an application to protect any of the following information:

                     (a)  information for which a person could apply for protection under section 105;

                     (b)  physical and chemical data about an industrial chemical that does not reveal the industrial chemical’s composition;

                     (c)  summaries of data relating to risks to human health or the environment from the introduction or use of the industrial chemical.

             (4)  The Executive Director must give written notice of the decision to each applicant.

             (5)  If the decision is to not approve the application, the Executive Director must not publish the information unless the reconsideration and review rights under section 166 in relation to the decision have been exhausted or have expired.

Subdivision C Disclosure of information

115   Disclosing information

             (1)  A person contravenes this subsection if:

                     (a)  the person is, or has been, an entrusted person; and

                     (b)  the person has obtained information in his or her capacity as an entrusted person; and

                     (c)  the information is protected information; and

                     (d)  the person discloses the information to another person; and

                     (e)  the disclosure is not authorised by, or in compliance with a requirement under:

                              (i)  this Act or another law of the Commonwealth; or

                             (ii)  a law of a State or Territory prescribed by the rules for the purposes of this paragraph.

Entrusted person

             (2)  Each of the following is an entrusted person :

                     (a)  the Executive Director;

                     (b)  a person made available to assist the Executive Director under section 153 or 154;

                     (c)  the Secretary of the Department;

                     (d)  an APS employee in the Department;

                     (e)  any other person employed or engaged by the Department;

                      (f)  a person employed, under section 13 or 20 of the Members of Parliament (Staff) Act 1984 , as a member of staff of the Minister.

Protected information

             (3)  The following is protected information :

                     (a)  the proper name or end use for an industrial chemical if an application to treat the proper name or end use as confidential business information is pending or has been approved under paragraph 108(1)(a);

                     (b)  information for which an application to treat the information as confidential business information is pending or has been approved under paragraph 114(2)(a);

                     (c)  information for which notice has been given under subsection 112(1) and either of the following apply:

                              (i)  a notice is yet to be given under subsection 113(1) in relation to the information;

                             (ii)  if such a notice has been given, the period specified in the notice for making an application under subsection 113(2) has not expired.

Fault-based offence

             (4)  A person commits an offence if the person contravenes subsection (1).

Penalty:  300 penalty units.

Strict liability offence

             (5)  A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty:  60 penalty units.

Civil penalty provision

             (6)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          300 penalty units.

Implied freedom of political communication

             (7)  This section does not apply to the extent (if any) that it would infringe any constitutional doctrine of implied freedom of political communication.

116   Disclosure in the course of exercising powers, or performing functions or duties

                   An entrusted person may disclose protected information if the information is disclosed in the course of exercising powers, or performing functions or duties, under this Act.

117   Disclosure to certain other entities

             (1)  The Executive Director may disclose protected information to any of the entities mentioned in subsection (2) if the Executive Director is satisfied that the protected information will assist the entity to exercise its powers, or perform its functions or duties.

             (2)  The entities are the following:

                     (a)  a non-corporate Commonwealth entity;

                     (b)  a State or Territory government, agency or authority prescribed by the rules for the purposes of this paragraph;

                     (c)  an international government, agency or authority prescribed by the rules for the purposes of this paragraph.

             (3)  A person contravenes this subsection if:

                     (a)  the person is, or has been, an official of an entity mentioned in subsection (2); and

                     (b)  protected information has been disclosed to the entity under subsection (1); and

                     (c)  the person has obtained the information in the person’s capacity as an official of that entity; and

                     (d)  the person discloses the information other than for the purpose of the entity exercising the powers, or performing the functions or duties for which the information was disclosed to the entity under subsection (1).

Fault-based offence

             (4)  A person commits an offence if the person contravenes subsection (3).

Penalty:  300 penalty units.

Strict liability offence

             (5)  A person commits an offence of strict liability if the person contravenes subsection (3).

Penalty:  60 penalty units.

Civil penalty provision

             (6)  A person is liable to a civil penalty if the person contravenes subsection (3).

Civil penalty:          300 penalty units.

118   Disclosure with consent

                   An entrusted person may disclose protected information that relates to the affairs of a person if:

                     (a)  the person has consented to the disclosure; and

                     (b)  the disclosure is in accordance with that consent.

119   Disclosure of publicly available information

                   An entrusted person may disclose protected information if the information has already been lawfully made available to the public.

120   Disclosure to a bona fide introducer

             (1)  An entrusted person may disclose protected information to a person to whom subsection (2) applies.

             (2)  This subsection applies to a person if the person requests the Executive Director, in writing, to disclose protected information relating to an industrial chemical to the person in circumstances where:

                     (a)  the industrial chemical is listed on the Inventory; and

                     (b)  the Executive Director is satisfied that:

                              (i)  the person intends to introduce the industrial chemical; and

                             (ii)  the disclosure is necessary for the safe introduction and use of the industrial chemical.

121   Disclosure to person to whom protected information relates

                   An entrusted person may disclose protected information to the person to whom the protected information relates.

122   Disclosure to person from whom protected information was obtained

                   An entrusted person may disclose protected information to the person from whom the information was obtained.

123   Disclosure to a Court, tribunal etc.

                   An entrusted person may disclose protected information, or a document containing protected information:

                     (a)  for the purposes of proceedings before:

                              (i)  a court; or

                             (ii)  a tribunal, authority or person that has the power to require the answering of questions or the production of documents; or

                     (b)  in accordance with an order of:

                              (i)  a court; or

                             (ii)  a tribunal, authority or person that has the power to require the answering of questions or the production of documents.

124   Disclosure for the purposes of law enforcement

             (1)  The Executive Director may disclose protected information to an agency referred to in subsection (2) if:

                     (a)  the Executive Director reasonably believes that the disclosure of the information is necessary for:

                              (i)  the enforcement of the criminal law; or

                             (ii)  the enforcement of a law imposing a pecuniary penalty; or

                            (iii)  the protection of the public revenue; and

                     (b)  the protected information is disclosed for the purposes of that enforcement or protection.

             (2)  The agencies to which the Executive Director may disclose protected information under this section are:

                     (a)  a Department, agency or authority of the Commonwealth, a State or a Territory; or

                     (b)  the Australian Federal Police; or

                     (c)  the police force or police service of a State or Territory;

whose functions include that enforcement or protection.

125   Disclosure to reduce serious risk to public health

                   The Executive Director may disclose protected information if:

                     (a)  the Executive Director reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to public health; and

                     (b)  the disclosure is for the purposes of preventing or lessening that risk.

126   Disclosure to reduce serious risk to the environment

                   The Executive Director may disclose protected information if:

                     (a)  the Executive Director reasonably believes that the disclosure is necessary to prevent or lessen a serious risk to the environment; and

                     (b)  the disclosure is for the purposes of preventing or lessening that risk.