Commonwealth Consolidated Acts

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

[Conditions of permit]

             (1)  A commercial evaluation permit relating to an industrial chemical is subject to the following conditions:

                     (a)  a condition that a person who is or was the holder, or any of the holders, of the permit must not use the chemical, or permit the use of the chemical, for a purpose other than commercial evaluation unless the person holds an assessment certificate in force in relation to the chemical;

                     (b)  such other conditions (if any) as are specified by the Director in the permit.

Note:          A person who holds a commercial evaluation permit must also provide an annual report (see section 40N).

[Variation etc. of conditions]

             (2)  The Director may, by written notice given to the holder or holders of a commercial evaluation permit:

                     (a)  impose one or more further conditions to which the permit is subject; or

                     (b)  revoke or vary any condition:

                              (i)  imposed under paragraph (a); or

                             (ii)  specified in the permit.

[Conditions may require giving of information]

             (3)  Without limiting the kinds of conditions to which a commercial evaluation permit may be subject, a commercial evaluation permit may be subject to conditions requiring a person who is or was the holder, or any of the holders, of the permit to give information to the Director.

Offence of contravening conditions

             (4)  A person commits an offence if:

                     (a)  the person is or was the holder, or any of the holders, of a commercial evaluation permit; and

                     (b)  the person does an act or omits to do an act; and

                     (c)  the act or omission contravenes a condition of the permit.

Penalty:  300 penalty units.

Defence of reasonable excuse

          (4A)  Subsection (4) does not apply if the person has a reasonable excuse.

Note:          A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code ).

[ Holder includes a person who agrees to be bound by the conditions of a permit]

             (5)  For the purposes of this section, if a person agrees (whether jointly or otherwise) to be bound by the conditions of a commercial evaluation permit, the person is taken to be a holder of the permit.