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COMMONWEALTHAct
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s 41

Simplified outline of this Part

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Part 4Confidentiality and information sharing
Division 1Introduction

41 Simplified outline of this Part

This Part deals with confidential information, the use and disclosure of protected information and other information sharing matters.

A person who gives information to the Minister in relation to the making, variation or revocation of a scheduling decision for a relevant industrial chemical may request that the information not be publicly disclosed. If such a request is made, the information will be confidential information for the purposes of this Part.

If the Minister proposes to publicly disclose confidential information, the Minister must give the nominated person for the information notice of that proposal. The nominated person may, within the time limit specified in the notice, apply to the Minister for the information not to be publicly disclosed.

If the nominated person makes such an application, the Minister must decide whether or not to approve the application. The Minister may publicly disclose the information in certain circumstances, including if the Minister decides not to approve the application and any reconsideration and review rights in relation to the decision have been exhausted or have expired.

Both confidential information and protected IC information will be protected information for the purposes of this Part. If an entrusted person obtains protected information in the person’s capacity as an entrusted person, the person must not use or disclose the information unless the use or disclosure is authorised by this Act, the rules or another law of the Commonwealth.

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