Commonwealth Consolidated Acts

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

Application

             (1)  A person who has applied under section 23 or 23A for an assessment certificate for a chemical of a kind mentioned in subsection (1A) may apply to the Director for a permit to introduce the chemical before the assessment report is completed.

          (1A)  An application may be made under subsection (1) in respect of the following chemicals:

                     (a)  a polymer of low concern;

                     (b)  a non-hazardous chemical;

                     (c)  any other chemical, or class of chemical, the criteria for which are prescribed by the regulations.

             (2)  The application must:

                     (a)  be in the approved form; and

                     (b)  have with it the prescribed fee .

Grant of permit

             (3)  The Director may grant the permit if he or she is satisfied that:

                     (a)  the chemical is a chemical of a kind mentioned in subsection (1A); and

                     (b)  in respect of a polymer of low concern:

                              (i)  carbon or silicon is the polymer's largest component; and

                             (ii)  the introduction of the polymer is consistent with the reasonable protection of occupational health and safety, public health and the environment; and

                            (iii)  any other conditions prescribed by the regulations have been met.

             (4)  The Director must take account of the following matters in deciding whether he or she is satisfied that the introduction of a polymer of low concern is consistent with the reasonable protection of occupational health and safety, public health and the environment:

                     (a)  the proposed nature of the use of the polymer;

                     (b)  the extent of the proposed use of the polymer;

                     (c)  the effect of the polymer on the environment;

                     (d)  the effect of the polymer on occupational health and safety and public health;

                     (e)  the structure and activity of the polymer;

                      (f)  whether, in Australia or overseas, the polymer is the subject of:

                              (i)  investigations initiated by a person because of concerns about a possible adverse effect on occupational health and safety, public health or the environment; or

                             (ii)  action taken by a person to control the use of, or access to, the polymer;

                     (g)  any other matter prescribed by the regulations.

Period for determining application

             (5)  The Director must decide the application within 28 days of receiving it.

Request for further information

             (6)  If, on the material in the application, the Director is not able to determine whether the chemical is a chemical of a kind mentioned in subsection (1A), he or she may in writing:

                     (a)  ask the applicant for further information on whether the chemical is a chemical of a kind mentioned in subsection (1A); and

                     (b)  state a period within which the information is to be given to the Director.

             (7)  If the Director asks for further information, the period starting on the date of the request and ending when the further information is received is not to be taken into account in determining the period of 28 days mentioned in subsection (5).

             (8)  If the further information is not given to the Director within the period mentioned in paragraph (6)(b), the application is taken to have been withdrawn.

Joint application

             (9)  If the application for an assessment certificate is a joint application, the Director may grant a permit to any one or more of the applicants applying under this section.

Conditions

           (10)  If the Director decides to grant a permit, the permit is subject to such conditions as are specified in the permit.

Notice

           (11)  As soon as practicable after a permit is issued, the Director must cause to be published in the Chemical Gazette a notice stating that the permit has been issued and setting out:

                     (a)  the name of the holder, or holders, of the permit; and

                     (b)  either:

                              (i)  a trade name of the chemical; or

                             (ii)  the chemical name of the chemical.