Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 13A

             (1)  If at any time the Director proposes, under section 13, to include or vary particulars in the Inventory in respect of a chemical, the Director must give notice in the Chemical Gazette that he or she proposes to include or vary the particulars in respect of the chemical.

             (2)  The notice must state:

                     (a)  the name under which the chemical has been or is to be included in the Inventory; and

                     (b)  any name by which the chemical is commonly known; and

                     (c)  that the Director proposes to include or vary the particulars in the Inventory in respect of the chemical; and

                     (d)  that a person may give a statement to the Director, within 28 days of the date of publication of the notice, giving reasons why the particulars should not be included or varied.

             (3)  If the Director knows the name and address of a person who is introducing or proposes to introduce the chemical, the Director must send a copy of the notice to the person.

             (4)  If the Director receives a statement from a person giving reasons why the particulars should not be included or varied, the Director must reconsider the proposed inclusion or variation in the light of the statement.

             (5)  If the Director accepts the reasons why the particulars should not be included or varied, the Director must:

                     (a)  publish a notice in the Chemical Gazette that the particulars are not going to be included or varied in respect of the chemical; and

                     (b)  give a copy of the notice to the person who gave the statement.

             (6)  If the Director rejects the reasons why the particulars should not be included or varied, the Director must:

                     (a)  give the person who made the statement notice of the decision to reject the reasons; but

                     (b)  not include or vary the particulars until 28 days after the date of the giving of the notice or, if the person applies to the Tribunal for review of the decision, until the review has been finalised.

             (7)  A notice under this section may be included with a notice under another section under this Act.