Industrial Chemicals (Consequential Amendments and Transitional Provisions) Rules 2019
74Confidence holders and holders of old law assessment certificates may also apply for confidential listing
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74 Confidence holders and holders of old law assessment certificates may also apply for confidential listing
(1) This section applies if: (a) an assessment certificate (the earlier certificate) for an industrial chemical is: (i) taken to have been issued under the new law in accordance with item 11 of Schedule 2 to the transitional Act; or (ii) issued under the new law in accordance with item 13 of that Schedule; and (b) the Executive Director gives notice to the holder of the earlier certificate that the industrial chemical is to be listed on the Inventory; and (c) the notice is given under paragraph 82(2)(a) of the new law; and (d) either: (i) another assessment certificate (a later certificate) for the same industrial chemical is taken to have been issued under the new law in accordance with item 11 of Schedule 2 to the transitional Act, or is issued under the new law in accordance with item 13 of that Schedule; or (ii) there are one or more confidence holders for an approval for the proper name or end use of the industrial chemical to be treated as confidential business information. (2) The Executive Director must give written notice of the proposed listing and the terms of item 43 of Schedule 2 to the transitional Act (including as modified by section 73 of this instrument) to: (a) each holder of the later certificate; and (b) if the assessment certificate has been extended under the old law to cover another person—each such person; and (c) each confidence holder.