Commonwealth Consolidated Acts

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

             (1)  A person who is issued:

                     (a)  a commercial evaluation permit; or

                     (b)  a low volume permit; or

                     (c)  a controlled use permit; or

                     (d)  a self-assessed assessment certificate;

in respect of an industrial chemical must provide a report to the Director each registration year.

             (2)  The report must state the following:

                     (a)  the name of the chemical in respect of which the permit or certificate is issued; and

                     (b)  the volume of the chemical that was introduced during the year; and

                     (c)  any adverse effect of the chemical on occupational health and safety, public health or the environment of which the person has become aware during the year.

             (3)  The report must be provided before or on 28 September of the following registration year.

             (4)  A person commits an offence if:

                     (a)  the person is required to provide an annual report in accordance with this section; and

                     (b)  the person fails to do so.

Penalty:  10 penalty units.

Note:          If a person does not provide the report in accordance with this section before or on 28 September, the obligation to do so continues after that date, with daily offences being committed until the obligation is complied with (see section 4K of the Crimes Act 1914 ).

             (5)  Subsection 4K(2) of the Crimes Act 1914 ceases to apply in relation to an offence against subsection (4) of this section at the end of the 12th day after 28 September (being 10 October).

Note:          Because of this subsection, 120 penalty units is the maximum penalty that can be imposed for offences against subsection (4).