114Decision on application

114 Decision on application

(1) In considering the application, the Executive Director must have regard to: (a) whether publication of the information could reasonably be expected to substantially prejudice the commercial interests of an applicant; and (b) whether the prejudice outweighs the public interest in the publication of the information. (2) After considering the application, the Executive Director must decide to: (a) approve the application; or (b) not approve the application. (3) The Executive Director must not approve an application to protect any of the following information: (a) information for which a person could apply for protection under section 105; (b) physical and chemical data about an industrial chemical that does not reveal the industrial chemical’s composition; (c) summaries of data relating to risks to human health or the environment from the introduction or use of the industrial chemical. (4) The Executive Director must give written notice of the decision to each applicant. (5) If the decision is to not approve the application, the Executive Director must not publish the information unless the reconsideration and review rights under section 166 in relation to the decision have been exhausted or have expired.