17Holder of a confidence

#### 17 Holder of a confidence (2) A person who held an assessment certificate for a chemical included in the confidential section under section 14 is to be treated as the holder of a confidence about that chemical. (2A) If a chemical is transferred to the confidential section as a result of an application made by a person under section 18A, the person is to be treated as the holder of a confidence about the chemical. (3) A person may apply in the approved form to the Director to be treated as the holder of a confidence about an industrial chemical in the confidential section. (4) Where the Director is satisfied that the publication of some or all of the particulars of a chemical in relation to which an application under subsection (3) has been made could reasonably be expected to prejudice substantially the commercial interests of the applicant, the applicant is to be treated as the holder of a confidence about the chemical. (5) The Director must give the applicant written notice of the decision about the application. (6) Where the application is rejected, the applicant is to be treated as the holder of a confidence about the chemical for 28 days after the giving of the notice or, where the applicant applies during those days to the Tribunal under section 102 for the review of the decision, until the application to the Tribunal is finalised.