Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 40

             (1)  If a public report about an industrial chemical has been published under section 38, a person may apply in the approved form to the Director for variation of the public report. The application must be made within 28 days after publication.

             (2)  Where, at the end of the 28 days, the Director has received an application or applications for the variation of the report, he or she must:

                     (a)  publish in the Chemical Gazette a notice setting out:

                              (i)  each proposed variation; and

                             (ii)  the terms of subsections (4), (5), (6) and (7); and

                     (b)  give a copy of the notice to the applicant for the assessment certificate for the chemical; and

                     (c)  delay varying the report for 28 days after the publication of the notice.

             (3)  Within 28 days after the publication of the notice, an applicant may give the Director a written statement setting out further matters in support of the application.

             (4)  Within 28 days after the publication of the notice, a person may give the Director a written statement setting out reasons why a proposed variation should not be made.

             (5)  The Director must, in considering the application for the variation, have regard to any statement received about it under subsection (3) or (4).

             (6)  The Director must:

                     (a)  where satisfied that the report varied as requested would be correct--vary the report as requested; or

                     (b)  where not satisfied that the report as varied would be correct--refuse the application for variation.

             (7)  When the Director makes a decision about the variation, he or she must:

                     (a)  publish a notice of the decision in the Chemical Gazette; and

                     (b)  give a copy of the notice to:

                              (i)  the applicant for the assessment certificate for the chemical; and

                             (ii)  each person who made an application for a variation of the report; and

                            (iii)  each person who gave a statement under subsection (4); and

                     (c)  where the decision is to vary the report--delay doing so for 28 days after publishing the notice, or, where a person applies during those days to the Tribunal under section 102 for the review of the decision, until the application for review is finalised.

             (8)  If a public report about a chemical is varied, the Director must make any consequential variations to the assessment report about the chemical.