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

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). Certain information in all pre-introduction reports can also be flagged as confidential.

What we publish from your pre-introduction report (PIR)

Internationally assessed pre-introduction reports

For all 3 types of internationally assessed PIRs that we receive, we will publish the following information on our website:

  • chemical name 
  • specific end use
  • international assessment body that previously assessed the introduction

If you don’t want the chemical name and/or specific end use to be published, you can apply for these to be protected as confidential business information (CBI). You must apply before you start your introduction and fees apply. 

If we approve your application, we'll publish an AICIS approved chemical name (AACN) instead of the chemical's proper name and/or a generalised end use instead of a specific end use.

You cannot apply for CBI of the name of the international assessment body that assessed your introduction. We will always publish this on our website.

See: apply for protection of CBI – internationally assessed pre-introduction reports

All other pre-introduction report types

We do not routinely publish information that you submitted in your PIR. However we could publish certain information if we do an evaluation of your chemical introduction. So if you wish to avoid publication of certain information, you should flag this as confidential in your PIR.


Flagging information as confidential in your PIR

You can also flag certain information as commercially sensitive when you give it to us in any PIR (including internationally assessed). There is no fee to do this but you must flag the information at the same time you submit your PIR. The other types of PIRs this relates to are:

You will need to specify what you wish to flag when submitting your PIR in AICIS Business Services (you will be asked to provide us with details on what you wish to flag under the declaration tab).

Later on, if you need to vary a PIR, you can also flag some of the changed information as well.

To understand how flagging works for importers and manufactures, see flagging information as confidential 

Understanding the limitations of CBI protection and when we may disclose it

There are limitations to CBI protection in the legislation, including that you must provide evidence that satisfies a statutory test. We can also review CBI protection following an evaluation.

Take a look at our AICIS evaluations section including possible outcomes following an evaluation.

While CBI protection is in place, we may still disclose that information in certain limited 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.

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