79Disclosure of exempt information in certain circumstances

79 Disclosure of exempt information in certain circumstances

The Director must disclose exempt information about a chemical to an inquirer if: (a) the Director: (i) is satisfied that the inquiry is to get information for the protection of occupational health and safety, public health or the environment; and (ii) is satisfied that the public interest in disclosure outweighs any commercial interest of the person because of whose application the information is exempt information; and (iii) has consulted that person; and (iv) in the case of information given under a notification law—has consulted the authority to whom the information was given; and (v) in the case of information given under an approved foreign scheme—has consulted the government of the foreign country to whom the information was given; or (b) the Director: (i) is satisfied of the matters referred to in subparagraphs (a)(i) and (ii); and (ii) is satisfied that delaying the disclosure to hold the consultations referred to in subparagraphs (a)(iii), (iv) and (v) could result in danger to a person’s health or safety or to the environment.