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

Flagging information as confidential

When you give us information and want us to know that it’s commercially sensitive or confidential, you can ‘flag’ it with us. If we need to publish your flagged information, we’ll contact you in advance and give you the opportunity to formally apply to protect the information as confidential business information.

Examples of where you can flag information

  • in the ‘dossier’ in assessment certificate applications
  • commercial evaluation authorisation applications and variations
  • pre-introduction reports (all types) and variations
  • Inventory listing variations
  • when you tell us new information about an introduction, such as a specific information requirement
  • when you respond to a call for information from us
  • when you respond to a compliance request from us

What you can flag as confidential

The information that you can flag as confidential is broad and includes the following examples:

  • the concentration of your chemical in a mixture or product
  • the quantity or volume of the chemical that you are introducing
  • code names or other names that you use to refer to your chemical
  • business methods and processes used to manufacture your chemical
  • the proper chemical name and specific end use for your chemical, except in circumstances that require an application for protection as confidential business information (CBI) – see ‘What you cannot flag as confidential’

There is no fee to flag information as confidential.

What you cannot flag as confidential

These are not eligible for flagging or CBI protection because we can publish this information in any assessment or evaluation of your chemical or introduction:

  • physical and chemical data that do not reveal the chemical’s composition
  • summaries of data relating to risks to human health or the environment

In the following situations, flagging is not applicable if you want to claim protection of the proper chemical name and/or specific end use:

  • assessment certificate applications (for assessed introductions) – you must apply for CBI (and pay a fee) as part of your certificate application form
  • any chemical on the Inventory where we have published the CAS name and CAS number or specific end use – meaning we cannot remove information that we have already made publicly available
  • internationally assessed pre-introduction reports – you need to submit an application for CBI (and pay a fee) for your report to be deemed complete
  • applications for a commercial evaluation authorisation
  • applications to vary the end use in the terms of a certificate or Inventory listing

When and how do I flag information?

You must flag information as confidential at the same time that you give us the information. Flagging is invalid if you do it after you have already submitted the information.

The ability to flag information is built into most of our application forms. If we call for information (for example, during an evaluation), we’ll provide details on how you can flag information at the time that we make the request.

If you need to send us information separately and wish to flag it, please contact us.

What happens after I flag information?

We will treat your flagged information confidentially and you don’t have to do anything else. We don't publish any information that you have flagged.

In the event that we need to publish the information that you have flagged – such as in an evaluation – we will send you, or the person that you’ve nominated, a notice of intent to publish. This notice is called a section 113 or s113 notice. An s113 notice also gives you the opportunity to formally apply for CBI (a fee applies).

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