Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 69

             (1)  For the purpose of assessing a new industrial chemical under section 68, or an existing chemical under section 68A, the Director may, by notice in the Chemical Gazette , require:

                     (a)  all persons who introduced the chemical; or

                     (b)  specified persons who introduced the chemical; or

                     (c)  specified persons who the Director considers have relevant information;

but who are not required to give secondary notification of the chemical, to provide the Director in writing the information about the chemical that is specified in the notice, being particulars about a matter relating to the circumstances because of which the notification is required.

             (2)  The notice must specify a period of not less than 14 days for compliance.

             (3)  The Director must cause a copy of the notice to be sent to each person who is, to the Director's knowledge, a person to whom the notice applies and whose address is known to the Director.

             (4)  A person to whom a notice applies must not refuse or fail to comply with the notice.

Penalty:  60 penalty units.

             (5)  Subsection (4) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (5) (see subsection 13.3(3) of the Criminal Code ).

             (6)  For the purposes of an offence against subsection (4), strict liability applies to the physical element, that the person fails as mentioned in that subsection.

Note:          For strict liability , see section 6.1 of the Criminal Code .