Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 48

             (1)  If the Director is considering whether to make a recommendation (or a particular kind of recommendation) under section 50B for the declaration of an industrial chemical as a priority existing chemical (whether or not the Director has already identified that chemical), the Director may publish a notice in the Chemical Gazette requiring information on any one or more of the following matters to be given to the Director:

                     (a)  specified information about a particular industrial chemical;

                     (b)  the names and quantities of industrial chemicals used by persons for a specified purpose in a specified period;

                     (c)  the names of industrial chemicals that are introduced by persons in specified quantities in a specified period.

             (2)  The notice must expressly be directed to one or more of the following person or persons:

                     (a)  a specified person or persons whom the Director believes has or have information described in the notice;

                     (b)  all persons who introduce industrial chemicals for a specified purpose or in a specified quantity in a specified period;

                     (c)  if the notice specifies a particular industrial chemical which is the subject of a proposed recommendation under section 50B--all persons who introduce that chemical during the period beginning 12 months before the date of the notice and ending at the end of the period specified under subsection (4).

             (3)  The notice must require each person to whom it is directed to give the Director information of a specified kind that is available to the person and relevant to the recommendation.

Note:          Subsection 33(3A) of the Acts Interpretation Act 1901 allows a notice to require different kinds of persons to give different kinds of information.

             (4)  The notice must specify a period of at least 28 days for the person or persons to whom it is directed to give information to the Director.

             (5)  For the purposes of subsections (1) and (2), a notice is taken to specify a quantity if it specifies a range of quantities (including quantities in a range that exceeds a specified quantity).

             (6)  If the Director knows the identity and address of a person to whom the notice is directed (whether individually or as a member of a group), the Director must send a copy of the notice to the person.

             (7)  A person must not contravene a notice.

Penalty:  60 penalty units.

             (8)  Subsection (7) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (8) (see subsection 13.3(3) of the Criminal Code ).