Confidential commercial information
Last update 19 June 2017
You may wish to prevent the publication of information that you have supplied because of the commercial harm that could be caused by the public disclosure of that information. In this case, you may apply for this information to be exempt from publication to protect your commercial interests.
'Exempt from publication' means the data or information will not be included in publicly available versions of an assessment report or in the Chemical Gazette. Applications for information to be exempt from publication can be submitted with:
- Annual reporting obligations
- Commercial evaluation permit applications or renewal applications
- Low volume chemical permit applications or renewal applications
- Controlled use permit applications or renewal applications
- Non-self-assessed and self-assessed assessment certificate applications, further information supplied by the applicant and associated requests from the Director for further information
- Extension of original assessment certificate applications
- Early introduction permit applications
- A statement of matters given to the Director under approved state and territory notification procedures [Note, none currently in operation]
- Particulars about a new industrial chemical where the chemical has been notified and assessed under an approved foreign scheme
- Information about the use and introduction of existing chemicals given to the Director for decision on recommendation to declare a priority existing chemical
- Information about a priority existing chemical
- Secondary notification applications
Submission of information by persons other than the applicant (third-party data)
At times you may need a third party to provide us with information to support your notification or application for a new chemical assessment. There may also be times where the third party wishes to keep the information confidential from you. This may include an overseas manufacturer or supplier of chemicals who will not release confidential information about a chemical to you.
The third party can supply the required information directly to us on your behalf. The third party is responsible for and must specify on the Third Party Information Lodgment form (Form 5) what information they request to be kept confidential from you. While NICNAS aims to uphold such requests by third parties, there may be limited circumstances where the disclosure of third party confidential information to the notifier is required by the Industrial Chemicals (Notification and Assessment) Act 1989 (Cth) (‘the Act’) – for example, if a secondary notification of the chemical is required in accordance with Part 3, Division 6 of the Act.
There is no charge associated with submitting third party forms once an application for information to be exempt from publication has been submitted.