Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 23

Who may make an application for a non-self-assessed assessment certificate

             (1)  A manufacturer or importer of a new industrial chemical may apply for an assessment certificate for the chemical.

          (1A)  2 or more persons, each of whom is a manufacturer or importer of a new industrial chemical, may make a joint application.

Requirements for the application

             (2)  The application must be in writing in the approved form and must be given to the Director.

             (3)  Subject to section 24A, the application must be accompanied by a written notification statement about the chemical.

Notification statement for chemicals other than polymers

             (4)  A notification statement about the following new industrial chemicals must contain the matters specified in Parts A and B of the Schedule:

                     (a)  a new industrial chemical (other than a polymer) that is to be introduced by the applicant in a quantity of not more than one tonne in any 12 month period;

                     (b)  a new industrial chemical (other than a polymer) that is to be manufactured in Australia by the applicant:

                              (i)  solely for the purposes of further manufacture at the site of its manufacture; and

                             (ii)  in a quantity of not more than 10 tonnes in any 12 month period.

Note:          Polymers are dealt with in subsections (6), (7) and (8).

             (5)  A notification statement about any other chemical (other than a polymer) must contain the matters specified in Parts A, B and C of the Schedule.

Note:          Polymers are dealt with in subsections (6), (7) and (8).

Notification statement for polymers

             (6)  A notification statement about a polymer (other than a polymer of low concern) must contain the matters specified in Parts A, B and D of the Schedule.

Note:          Section 24A describes the contents of the document that needs to accompany an application in respect of a polymer of low concern.

             (7)  A notification statement about the following polymers (other than one referred to in subsection (8)) must also contain the matters specified in Part C of the Schedule:

                     (a)  a biopolymer; and

                     (b)  a synthetic polymer having a number-average molecular weight of less than 1,000.

             (8)  A notification statement about the following polymers does not need to contain the matters specified in Part C of the Schedule:

                     (a)  a polymer that is to be introduced by the applicant in a quantity of not more than one tonne in any 12 month period;

                     (b)  a polymer that is to be manufactured in Australia by or on behalf of the applicant:

                              (i)  solely for the purposes of further manufacture at the site of its manufacture; and

                             (ii)  in a quantity of not more than 10 tonnes in any 12 month period;

                     (c)  a polymer of low concern.

Notification statement for certain UV filters

             (9)  A notification statement about a new industrial chemical that is to be used as an ultraviolet filter in a cosmetic to be applied to the skin must contain the matters specified in:

                     (a)  Parts A, B, C and E of the Schedule; and

                     (b)  if the chemical is a polymer--Part D of the Schedule.

          (9A)  If subsection (9) applies to a chemical, subsections (4) to (8) do not apply.

Other requirements for the application

           (10)  An application for an assessment certificate for a new industrial chemical must, in addition to the notification statement, be accompanied by a statement of any other assessment information available to the applicant.

           (11)  A notification statement must be accompanied by a statement that the applicant is entitled to use and give the Director all data in the statement.

           (12)  Where a notification statement contains information obtained from a test, that test shall be of a kind approved by the Director for the purpose of obtaining such information.

           (13)  For the purposes of subsection (10), information shall be taken to be available to a person if, having regard to:

                     (a)  the person's abilities, experience, qualifications and other attributes; and

                     (b)  all the circumstances surrounding the alleged failure to give a statement of the information;

the person ought reasonably to have been aware of the information.