Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 64

             (1)  Where:

                     (a)  either or both of the following recommends the secondary notification of the chemical in particular circumstances:

                              (i)  an assessment report about a chemical;

                             (ii)  particulars included in respect of a chemical in the Inventory; and

                     (b)  the circumstances occur in relation to the introduction of the chemical by a person;

the person must, within 28 days of the occurrence, notify the Director in writing that the circumstances have occurred.

Penalty:  120 penalty units.

             (2)  Where a person who introduces an industrial chemical that has been assessed under this Act becomes aware of any of the following circumstances, namely, that since the assessment:

                     (a)  the function or use of the chemical has changed, or is likely to change, significantly;

                     (b)  the amount of the chemical being introduced has increased, or is likely to increase, significantly;

                     (c)  in the case of a chemical not manufactured, or proposed to be manufactured, in Australia at the time of the assessment--it has begun to be manufactured in Australia;

                     (d)  the method of manufacture of the chemical in Australia has changed, or is likely to change, in a way that may result in an increased risk of an adverse effect of the chemical on occupational health and safety, public health or the environment;

                     (e)  additional information has become available to the person as to an adverse effect of the chemical on occupational health and safety, public health or the environment;

                      (f)  a prescribed event has happened;

the person must, within 28 days of becoming aware, notify the Director in writing of the circumstances of which the person has become aware.

Penalty:  120 penalty units.

          (2A)  To avoid doubt, the reference in subsection (2) to an industrial chemical that has been assessed under this Act includes a reference to:

                     (a)  a chemical that has been assessed under section 33A (self‑assessment); and

                     (b)  a chemical that has been assessed but that is now included in the Inventory.

             (3)  For the purposes of subsection (2), a person is to be taken to have become aware of circumstances if, having regard to:

                     (a)  the person's abilities, experience, qualifications and other attributes; and

                     (b)  the nature of the circumstances;

the person ought reasonably to have become aware of the circumstances.

             (4)  2 or more persons on whom are imposed obligations under this section in relation to an industrial chemical may comply with those obligations by jointly notifying the Director under this section.