Commonwealth Consolidated Acts

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INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 20AA

Chemicals wrongly included in the Inventory

             (1)  If the Director believes that a chemical has been wrongly included in the Inventory, the Director must give notice in the Chemical Gazette that he or she proposes to remove the chemical from the Inventory.

             (2)  The notice must state:

                     (a)  the name under which the chemical has been included in the Inventory; and

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

                     (c)  that the Director proposes to remove the chemical from the Inventory; and

                     (e)  that a person may give a statement to the Director, within 3 months of the date of publication of the notice, giving reasons why the chemical should not be removed.

             (3)  If the Director knows the name and address of a person who is introducing 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 chemical should not be removed, the Director must reconsider the proposed removal in the light of the statement.

             (5)  If the Director accepts the reasons why the chemical should not be removed, the Director must:

                     (a)  leave the chemical, and any particulars in respect of the chemical, in the Inventory; and

                     (b)  publish a notice in the Chemical Gazette that the chemical is not going to be removed; and

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

             (6)  If the Director rejects the reasons why the chemical should not be removed, the Director must:

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

                     (b)  not remove the chemical, or any particulars in respect of the chemical, 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.



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