(1) If, in the Director-General’s opinion, any information which has been supplied to the Director-General in respect of any application may be able to be withheld under section 9(2)(b) of the Official Information Act 1982, that information must not be released to any person when an application is publicly notified.
(2) Where—
(a) the Director-General receives a request to release any information received in respect of an application, other than information to which Part 6 applies held by the Director-General under the Official Information Act 1982; and
(b) the information to which the request relates,—
(i) in the Director-General’s opinion, may be able to be withheld under section 9(2)(b) of that Act; or
(ii) has been classified as commercially sensitive by the person who gave the information to the Director-General,—
the Director-General must make all reasonable efforts to contact and notify immediately the person who gave the information to the Director-General that a request to release the information has been received.
(3) Where a person receives notice from the Director-General under subsection (2), that person must, within 10 working days of receipt of the notice, respond to the Director-General stating whether that person believes that the information should be withheld under section 9(2)(b) of the Official Information Act 1982 and give reasons for that person’s belief.
(4) The Director-General may release the information or withhold the information in accordance with the Official Information Act 1982 if—
(a) the Director-General has complied with subsection (2); and
(b) the time limit specified in subsection (3) has expired.
Section 12(2): amended, on 30 October 2003, by section 3(1) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55).
Section 12(4): substituted, on 30 October 2003, by section 3(2) of the Agricultural Compounds and Veterinary Medicines Amendment Act 2003 (2003 No 55).