Commonwealth Consolidated Regulations

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AGRICULTURAL AND VETERINARY CHEMICALS CODE REGULATIONS 1995 - REG 66

Disclosure of confidential commercial information about toxicity etc

  (1)   For the purposes of subparagraphs   162(3)(a)(iii) and 162(3)(b)(iii) of the Code, this regulation prescribes the conditions under which confidential commercial information of a kind described in those subparagraphs may be disclosed by the authorised person about a chemical product or any of its constituents.

  (2)   Information about a protected chemical product that is compensatable protected information may be disclosed to a person ( the requesting person ) on request if the requesting person signs and gives to the APVMA, before the information is disclosed, a declaration stating that the information will not be used in connection with an application for registration, in Australia or elsewhere, of another chemical product, except with the consent of the holder of the registration of the protected chemical product.

  (3)   Information about a chemical product that is not compensatable protected information, may be disclosed to a person on request by making it available to that person, for the purpose of reading only, at the premises of the APVMA or, if the APVMA thinks it appropriate, at other premises.

  (4)   Despite subregulations (2) and (3), information about a constituent of a chemical product other than an active constituent may be disclosed to a medical practitioner, in connection with his or her professional duties.

  (5)   In this regulation, compensatable protected information means protected information in respect of which compensation for use of the information would be payable under Part   3 of the Code.



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