Agricultural and Veterinary Chemicals Code Regulations 1995

Section 162 of the Code applies, with the modifications set out in this regulation:

in relation to the disclosure of information, about an ingredient in a substance or in a mixture of substances, that is given to the APVMA in connection with an application under these Regulations—as if:

the ingredient were an active constituent for a proposed or existing chemical product; and

subparagraphs (3)(a)(i) and (ii) of that section were omitted; and

in relation to the disclosure of information, about a substance or a mixture of substances, that is given to the APVMA in connection with an application under these Regulations—as if:

the substance or mixture were a chemical product; and

subparagraphs (3)(b)(i) and (ii) of that section were omitted; and

if either paragraph (a) or (b) of this subregulation applies—as if subsections (11), (13) and (13A) of that section were omitted.

The maximum penalty for an offence committed against subsection 162(1), (8) or (9) of the Code, as those subsections apply under subregulation (1), is 50 penalty units.

For subregulation (1), a reference in section 162 of the Code to confidential commercial information is taken to be a reference to:

a trade secret relating to the substance, mixture or ingredient; or

any other information relating to the substance, mixture or ingredient that has a commercial value that would be, or could reasonably be expected to be, destroyed or diminished if the information were disclosed; or

any other information that:

concerns the lawful commercial or financial affairs of a person, organisation or undertaking; and

relates to the manufacture, distribution or supply of the substance, mixture or ingredient; and

if it were disclosed, could unreasonably affect the person, organisation or undertaking in an adverse manner.

Section 8X of the Code applies in relation to conduct engaged in, in the performance of a function or duty or the exercise of a power, under a provision mentioned in subsection (1) of that section (to the extent that the provision applies in relation to an application made under these Regulations), as if:

the reference in that section to confidential commercial information were a reference to information covered by paragraph (3)(a), (b) or (c) of this regulation; and

the reference in that section to section 162 of the Code were a reference to section 162 of the Code as it applies under subregulation (1); and

the reference in that section to subsection 162(1A) of the Code were a reference to that subsection as it applies under subregulation (1).