Hazardous Substances and New Organisms Act 1996

55 Information held on behalf of applicant

  • (1) Where any person—

    • (a) supplies any information to the Authority; and

    • (b) the information is likely to relate to an application for approval; and

    • (c) the relevant application has not yet been lodged with the Authority,—

    the information shall be held by the Authority on behalf of that person; and the provisions of the Official Information Act 1982 shall not apply to that information until the relevant application has been received by the Authority.

    (2) Where any information supplied under subsection (1) is held by the Authority on behalf of any person, that information shall be returned upon request.

    (3) Where—

    • (a) any information is held by the Authority relating to any application made under this Act in respect of a hazardous substance or new organism; and

    • (b) the substance or organism that is the subject of the application is also the subject of an innovative medicine application as defined in section 23A of the Medicines Act 1981; and

    • (c) that information includes trade secrets or information that has commercial value that would be, or would be likely to be, diminished by disclosure,—

    the provisions of sections 23A to 23C of the Medicines Act 1981, with the necessary modifications, shall apply to that information as if the information were confidential supporting information as defined in section 23A of that Act.

    (4) The provisions of sections 23A to 23C of the Medicines Act 1981, with the necessary modifications, shall also apply to the Authority in respect of the information referred to in subsection (3) as if the Authority were the Minister of Health, and as if references in those sections to applications were references to applications in respect of hazardous substances or new organisms; but—

    • (a) the protected period (as defined in section 23A of the Medicines Act 1981) shall be the same period for which the information is protected under the Medicines Act 1981; and

    • (b) the Authority may disclose the information to any prescribed person or organisation or prescribed class of persons or organisations; and

    • (c) the Authority shall provide a summary of the effects of any substance or organism in respect of which subsection (3) of this section applies where an application for approval is required to be publicly notified in accordance with section 53.

    (4A) Where—

    • (a) any information is held by the Authority relating to any application made under this Act in respect of a hazardous substance or new organism; and

    • (b) the substance or organism that is the subject of the application is also the subject of an innovative agricultural compound application as defined in Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997; and

    • (c) that information includes trade secrets or information that has commercial value that would be, or would be likely to be, diminished by disclosure,—

    the provisions of Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997, with the necessary modifications, apply to that information as if the information were confidential supporting information as defined in that Part of that Act.

    (4B) The provisions of Part 6 of the Agricultural Compounds and Veterinary Medicines Act 1997, with the necessary modifications, apply to the Authority in respect of the information referred to in subsection (4A) as if the Authority were the Director-General, and as if references in those sections to applications were references to applications in respect of hazardous substances or new organisms; but—

    • (b) the Authority may disclose the information to any prescribed person or organisation or prescribed class of persons or organisations; and

    • (c) the Authority must provide a summary of the effects of any substance or organism in respect of which subsection (4A) applies where an application for approval is required to be publicly notified in accordance with section 53.

    (5) [Repealed]

    (6) [Repealed]

    (7) The Governor-General may, from time to time, by Order in Council, make regulations prescribing persons or organisations or classes of persons or organisations for the purposes of subsections (4)(b) and (4B)(b).

    Section 55(3)(a): substituted, on 30 October 2003, by section 33(1) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

    Section 55(3)(b): amended, on 30 October 2003, by section 33(2) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

    Section 55(4): amended, on 30 October 2003, by section 33(3)(a) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

    Section 55(4)(c): amended, on 30 October 2003, by section 33(3)(b) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

    Section 55(4A): inserted, on 2 July 2001, by section 85 of the Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87).

    Section 55(4A)(a): substituted, on 30 October 2003, by section 33(4) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

    Section 55(4A)(b): amended, on 30 October 2003, by section 33(5) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

    Section 55(4B): inserted, on 2 July 2001, by section 85 of the Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87).

    Section 55(4B): amended, on 30 October 2003, by section 33(6)(a) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

    Section 55(4B)(c): amended, on 30 October 2003, by section 33(6)(b) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).

    Section 55(5): repealed, on 2 July 2001, by section 85 of the Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87).

    Section 55(6): repealed, on 2 July 2001, by section 85 of the Agricultural Compounds and Veterinary Medicines Act 1997 (1997 No 87).

    Section 55(7): amended, on 30 October 2003, by section 33(7) of the Hazardous Substances and New Organisms Amendment Act 2003 (2003 No 54).