Confidential information in pre-introduction reports
If you're introducing a chemical in the reported category and you're using an international risk assessment, you can apply for protection of the chemical's name and end use as confidential business information (CBI).
Reported introductions, internationally assessed chemicals and protection of confidential information
Information we will publish
Under our new scheme, an introducer can use an international risk assessment to categorise an introduction as 'Reported'. We consider these internationally assessed reported introductions to potentially be of higher risk and therefore publish the following information on our website after you submit your pre-introduction report:
- chemical name
- end use
- name of international assessment body
If you do not want us to publish the chemical and/or end use, you must apply to protect them as confidential business information (CBI).
How to apply for CBI protection of chemical name or end use
You can apply if you are using an international risk assessment that we accept.
- Complete your pre-introduction report (PIR) in AICIS Business Services for an internationally assessed PIR type and select yes to the questions about claiming protection of chemical name or end use.
- You'll receive a confirmation email with your PIR number.
- Go to AICIS Business Services and apply for CBI related to your pre-introduction report and reference your PIR number.
If we approve protection of your CBI, we'll publish:
- an AICIS approved chemical name (AACN) instead of the chemical's proper name
- a generalised end use instead of a specific end use
- the name of the international assessment body*
*Note, you cannot apply for CBI protection of the international assessment body — we always publish this information.
In order to approve your application, we must receive information that satisfies our statutory test.
If we approve your application
If we approve CBI it becomes ‘protected information’.
If we reject your application
If we reject your application, we will publish the relevant information about your introduction.
If you do not agree with our decision, you may ask us to reconsider. You must make your request in writing to the Executive Director within 20 working days. You must outline reasons for requesting the reconsideration and you can attach supporting information.
If you are disagree with the outcome of our reconsideration, you can submit an appeal to the Administrative Appeals Tribunal (AAT) for a review of our reconsidered decision. For information about the appeal process, please refer to the AAT website.
Flagging CBI — other reported introduction types
For other types of reported introductions, you can flag certain information in your PIR as confidential.
Understanding the limitations of CBI protection
There are limitations to CBI protection in the legislation:
- to get CBI protection, you must provide evidence that satisfies a statutory test
- if we approve CBI protection, it lasts for a maximum of 5 years, after which you must provide further evidence to satisfy the same statutory test
- we can review CBI protection following an evaluation
- while CBI protection is in place, we may still disclose that information in certain limited circumstances (see following)
Take a look at our AICIS evaluations section including possible outcomes following an evaluation.
When protected CBI can be disclosed by AICIS
AICIS can only disclose CBI in certain circumstances, including:
- When performing our duties under the legislation
- If it's required under the Freedom of Information Act 1982
- If ordered by a Court, or for the purpose of law enforcement
- To the owner of the CBI
- With the consent of the CBI owner
- If the information is already (lawfully) public
- To reduce serious risk to public health or the environment
- To certain government entities prescribed in our legislation, if it will assist them to perform their duties. Our legislation prescribes these entities as Commonwealth, State/Territory and international government entities. Anyone in the entity that we provide information to is prohibited from disclosing it, other than for the reason it was given to them - statutory penalties apply. In regards to international entities, AICIS will establish agreements (Memoranda of Understanding) with these bodies to maintain confidentiality.
We do not publish personal details about applicants and businesses.