185Regulator may declare information is confidential

185 Regulator may declare information is confidential commercial information (1) If the applicant satisfies the regulator that the information stated 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

Confidential commercial information Division 12.3 (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 this Act. (2) However, the regulator may refuse to declare that the information is confidential commercial information if satisfied that the public interest in disclosure outweighs the prejudice that the disclosure would cause to anyone. (3) Also, the regulator must refuse to declare that information is confidential commercial information if the information relates to 1 or more locations where field trials involving GMOs are happening, or are proposed to happen, unless satisfied that significant damage to the health and safety of people, the environment or property would be likely to happen if the locations were disclosed. Note This means that, in general, information about sites where dealings with GMOs are happening will be required to be disclosed under s 54 and s 138, unless the regulator is satisfied that disclosure would involve significant risks to health and safety. (4) The regulator must give the applicant written notice of the regulator’s decision about the application. (5) If— (a) the regulator declares that particular information is confidential commercial information; and (b) the information relates to 1 or more locations where field trials involving GMOs are happening, or are proposed to happen; the regulator must make publicly available a statement of reasons for the making of the declaration, including, for example—

(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 disclosing the information outweighed the prejudice that the disclosure would cause; and (e) the reasons why the regulator was satisfied under subsection (3) that significant damage to the health and safety of people, the environment or property would be likely to happen if the locations were disclosed. (5A) If— (a) a person has made an application under section 184 for a declaration that stated information is confidential commercial information; and (b) the regulator has not yet made a decision on the application; the information is to be treated as confidential commercial information until the regulator makes a decision on the application. (6) If the regulator refuses an application under section 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.