38Publication of report

#### 38 Publication of report (1) Where, after the Director has complied with section 36 in relation to an assessment report about a chemical, the applicant for the assessment certificate for the chemical gives the Director written consent to the publication of the report, the Director must publish the report. (2) Subject to subsections (3) and (4), the Director must publish an assessment report about a chemical at the end of 28 days after his or her compliance with section 36 in relation to the report. (3) The Director must not publish an assessment report under subsection (2): (a) until he or she has made a decision about any application under section 25 or 37 in relation to the report; and (b) for 28 days after giving notice of any refusal of such an application; and (c) until any application during those days to the Tribunal under section 102 for the review of such a decision has been finalised. (4) The Director must not publish an assessment report about a chemical after the application for the assessment certificate for the chemical has been withdrawn. (5) The Director is to publish the assessment report by: (a) subject to subsection (6), giving a copy of it to prescribed authorities of the Commonwealth, the States and the Territories; and (b) giving a copy of the public report about the chemical to any person that the Minister directs; and (c) publishing the public report about the chemical on the website maintained for the National Industrial Chemicals Notification and Assessment Scheme by the Department; and (d) publishing a notice in the Chemical Gazette stating that the public report is available as mentioned in paragraph (c). (6) The Director must not give a copy of the assessment report to an authority for the Commonwealth, a State or a Territory unless arrangements are in place under which the authority is not to disclose any exempt information in the report except: (a) in the course of carrying out functions and duties under a law of the Commonwealth, the State or the Territory relating to industrial chemicals; or (b) by order of a court; or (c) with the consent of the person who gave the exempt information. (7) The Director may publish the public report in such other ways as the Director considers appropriate.