Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 30

             (1)  A person who has applied under section 23 for an assessment certificate for a chemical may apply to the Minister for a permit authorising the importation or manufacture, as the case may be, of the chemical before the assessment certificate is given to the applicant on the ground that:

                     (a)  it is in the public interest that the chemical be imported or manufactured by the applicant without delay; and

                     (b)  the importation or manufacture, or the importation or manufacture subject to conditions under subsection (5), is consistent with the reasonable protection of occupational health and safety, public health and the environment.

          (1A)  An application must be accompanied by the fee prescribed under section 110 in respect of the application.

          (1B)  After consideration of an application for a permit duly made under subsection (1), the Minister must, by notice in writing given to the applicant:

                     (a)  if he or she is satisfied that the grounds of the application are established in relation to the industrial chemical concerned--grant the permit so applied for; and

                     (b)  if he or she is not so satisfied--refuse to grant the permit and specify in the notice the reasons for so refusing.

          (1C)  If an application for an assessment certificate for an industrial chemical is a joint one:

                     (a)  the applicants for that assessment certificate may make joint application for a permit under subsection (1); and

                     (b)  the Minister must, by notice given to each applicant for the permit, grant or refuse the permit.

             (2)  The Minister is to cause notice of the grant of the permit to be published in the Chemical Gazette as soon as is practicable.

             (3)  Unless the Minister is satisfied that it is in the public interest to withhold publication of any of the following information, the Chemical Gazette notice must contain:

                     (a)  the name of the applicant;

                     (b)  the name or names by which the chemical is known to the public or is intended by its importer or manufacturer to be so known;

                     (c)  the period for which the permit is to remain in force;

                     (d)  any prescribed particulars.

             (4)  Where:

                     (a)  the applicant requested the Minister to withold the publication of information; but

                     (b)  the Minister decides to publish the information;

then the Minister is to:

                     (c)  give written notice of the decision to the applicant; and

                     (d)  delay the publication for 28 days after giving the notice or, where the applicant applies during those days to the Tribunal under section 102 for the review of the decision, until the application is finalised.

             (5)  The permit is subject to such conditions as are specified in the permit.

             (6)  The Minister is not to specify a condition referred to in subsection (5) unless the condition is reasonably necessary for the protection of occupational health and safety, public health or the environment.

             (7)  A permit in relation to a chemical ceases to be in force if the application by the holder of the permit for an assessment certificate for the chemical is withdrawn under section 26.