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We've updated our guidance on NICNAS to AICIS transitional arrangements.

Apply for protection of CBI - section 113 notice

How to apply for protection of confidential business information (CBI) if you receive a section 113 notice from us.

Information on this page applies only if you have received a section 113 notice from us. Go to our CBI and flagging confidential information section for everything else.

If you previously flagged information as confidential with us and we decide we want to publish it (for example after we've completed a chemical evaluation), we cannot do so without issuing you with a 'section 113 notice'. This notice advises you of our intent to publish and gives you the opportunity (with at least 20 working days to apply) to make a formal application for protection of the information as CBI (an application fee applies).

If you do apply, we will not publish any information until the application process is complete. If you do not apply, we will publish the information.

Under section 113 notices you can apply for CBI to protect:

  • proper chemical name
  • end use of the introduction
  • other information - this covers anything else you've flagged previously as confidential (eg volume, concentration, information given to us in response to a call for information)

How to apply for CBI (s113 notice)

  1. Log in to AICIS Business Services and click on 'Apply for CBI (other than for certificate applications' under Confidential Business Information (CBI) Applications. 
  2. Choose 'Response to a notice under section 113 of the Industrial Chemicals Act'
  3. Select what you are applying for (note you must make a separate application if you wish to apply to protect more than one of these):
    1. protection of proper chemical name
    2. protection of end use
    3. protection of other information
  4. Next tell us which CBI application type your request is for by providing us with at least one of the following details:
    1. Chemical name or CAS Registry number
    2. Application number (eg certificate, authorisation)
    3. Submission number (eg PIR789)
    4. Evaluation
  5. If you are applying for protection of chemical name, you'll need to:
    1. tell us the chemical name
    2. suggest an AICIS approved chemical name (AACN) by following our guidance
    3. provide evidence that your claim meets our statutory test
  6. If you are applying for protection of end use, you'll need to:
    1. describe the specific end use for the introduction that you wish to protect
    2. propose a generalised end use by following our guidance
    3. provide evidence that your claim meets our statutory test
  7. If you are applying for protection of other information, you'll need to:
    1. tell us what specific information you wish to protect
    2. provide evidence that your claim meets our statutory test 
There are limitations under our laws regarding CBI, as well as times when we can disclose it. We recommend that you read our What is confidential business information page before you apply for protection of CBI.

After you submit your application

We'll contact you if we need more information and again when we have processed your application. You'll be able to track and view the outcome of your application through AICIS Business Services

If we approve your application for protection of chemical name, we will publish an AACN. If we approve it for end use, we will publish a generalised end use instead of the specific end use. If we approve your application to protect other flagged information, we will not publish anything.

If we reject your application, you can request a reconsideration.

Fees

Fee type Fee
Apply to protect the chemical name as confidential business information Go to fees
Apply to protect the end use as confidential business information Go to fees
Apply to protect flagged information (other than the proper name or end use) as confidential business information Go to fees
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