Commonwealth Consolidated Acts

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

             (1)  The Director may, by written notice, ask that he or she be given the identity of each industrial chemical making up a trade name product.

             (2)  A notice must:

                     (a)  set out the information required about each trade name product; and

                     (b)  set out the form in which the information is required; and

                     (c)  state the date (the due date ), at least 12 months after the date of the notice, by which the information is to be given to the Director; and

                     (d)  state that any industrial chemical making up the trade name product that is not already included in the Inventory may be so included; and

                     (e)  state that any such chemical that is to be so included may, on application made to the Director, be included in the confidential section of the Inventory if the Director is satisfied that some or all of the particulars of the chemical meet the tests set out in paragraphs 14(4)(a) and (b); and

                      (f)  be published in the Chemical Gazette.

             (3)  The Director must send a copy of the notice to each person whom the Director is aware:

                     (a)  nominated the trade name product for entry in the Inventory; or

                     (b)  has manufactured the trade name product in Australia; or

                     (c)  has imported the trade name product into Australia.

             (4)  Subject to subsections (4A), (4B), (4C) and 12(6), if the Director receives the information about the trade name product by the due date, the Director must:

                     (a)  if particulars of an industrial chemical making up the trade name product have not been included in the Inventory--include those particulars in the Inventory; and

                     (b)  remove the trade name product from the Inventory.

          (4A)  If an industrial chemical to which paragraph (4)(a) applies has been the subject of an application for inclusion in the confidential section of the Inventory and the Director is satisfied that:

                     (a)  the publication of some or all of the chemical's particulars could reasonably be expected to prejudice substantially the commercial interests of the person seeking that chemical's inclusion in the confidential section of the Inventory; and

                     (b)  the prejudice outweighs the public interest in the publication of those particulars;

the Director must include the chemical in the confidential section.

Note:          The Director can include conditions and other particulars in respect of a chemical that is included in the Inventory under this subsection (see section 13).

          (4B)  If the Director decides, in relation to a chemical to which paragraph (4)(a) applies that has been the subject of such an application for inclusion in the confidential section of the Inventory not to include the chemical in the confidential section, he or she must:

                     (a)  give the applicant for inclusion of the chemical in that section written notice of the decision on the application; and

                     (b)  delay including the chemical in the Inventory for 28 days after giving the notice, or, where the applicant applies during that period to the Tribunal under section 102 for review of the decision, until the application to the Tribunal is finalised.

Note:          The Director can include conditions and other particulars in respect of a chemical that is included in the Inventory under this subsection (see section 13).

          (4C)  If the Director delays the inclusion of an industrial chemical in the Inventory under subsection (4B), the Director must, during the period of that delay, defer removing the trade name product concerned from the Inventory.

             (5)  If the Director does not receive the information about each industrial chemical making up the trade name product by the due date, the Director must remove the trade name product from the Inventory.