Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 21B

             (1)  A manufacturer or importer of a new industrial chemical may apply for a commercial evaluation permit authorising the applicant to introduce not more than a specified quantity of the chemical in a specified period for the sole purpose of commercial evaluation by whichever of the following persons is specified:

                     (a)  in any case--the applicant;

                     (b)  in the case of the importation of the chemical--another person who agrees, or 2 or more other persons who jointly agree, to be bound by the conditions of the permit.

             (2)  A manufacturer or importer whose commercial evaluation permit relating to a new industrial chemical is still in force may apply for the permit to be renewed if the following conditions are met:

                     (a)  the function or use of the chemical has not changed, and is not likely to change, significantly;

                     (b)  the amount of the chemical being introduced has not increased, and is not likely to increase, significantly;

                     (c)  in the case of a chemical that was not manufactured, or proposed to be manufactured, in Australia at the time the permit was issued--it continues not to be manufactured in Australia;

                     (d)  the method of manufacture of the chemical in Australia has not changed, and is not likely to change, in a way that may result in an increased risk of an adverse effect on occupational health and safety, public health or the environment;

                     (e)  no additional information has become available to the manufacturer or importer as to any adverse effects of the chemical on occupational health and safety, public health or the environment;

                      (f)  no event prescribed for the purposes of section 64 has happened;

                     (g)  any conditions of the permit imposed by or under section 21L were complied with during the period of the current permit;

                     (h)  no changes are required to any conditions of the permit.

             (3)  A manufacturer or importer may only apply for a commercial evaluation permit to be renewed once.