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GENE TECHNOLOGY ACT 2000 - SECT 185
Regulator may declare that information is confidential commercial
information - (1)
- Subject to subsection (2), if the person satisfies the
Regulator that the information specified in the application is:
- (a)
- a trade secret; or
- (b)
- any other information that has a commercial or other value that would be,
or could reasonably be expected to be, destroyed or diminished if the
information were disclosed; or
- (c)
- other information that:
- (i)
- concerns the lawful commercial or financial affairs of a person,
organisation or undertaking; and
- (ii)
- if it were disclosed, could unreasonably affect the person, organisation
or undertaking;
the Regulator must declare that the information is confidential commercial
information for the purposes of this Act.
- (2)
- The Regulator may refuse to declare that the information is confidential
commercial information if the Regulator is satisfied that the public interest
in disclosure outweighs the prejudice that the disclosure would cause to any
person.
- (2A)
- The Regulator must refuse to declare that information is confidential
commercial information if the information relates to one or more locations at
which field trials involving GMOs are occurring, or are proposed to occur,
unless the Regulator is satisfied that significant damage to the health and
safety of people, the environment or property would be likely to occur if the
locations were disclosed.
- Note: This means that, in general, information about sites where dealings with
GMOs are occurring will be required to be disclosed under sections 54 and 138,
unless the Regulator is satisfied that disclosure would involve significant
risks to health and safety.
- (3)
- The Regulator must give the applicant written notice of the Regulator's
decision about the application.
- (3A)
- If:
- (a)
- the Regulator declares that particular information is confidential
commercial information; and
- (b)
- the information relates to one or more locations at which field trials
involving GMOs are occurring, or are proposed to occur;
the Regulator must make publicly available a statement of reasons for the
making of the declaration, including, but not limited to:
- (c)
- the reasons why the Regulator was satisfied as mentioned in subsection
(1); and
- (d)
- the reasons why the Regulator was not satisfied under subsection (2) that
the public interest in disclosure of the information outweighed the prejudice
that the disclosure would cause; and
- (e)
- the reasons why the Regulator was satisfied under subsection (2A) that
significant damage to the health and safety of people, the environment or
property would be likely to occur if the locations were disclosed.
- (4)
- If the Regulator refuses an application under subsection 184(1) in
relation to information, the information is to be treated as confidential
commercial information until any review rights under section 181 or 183
in relation to the application are exhausted.
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