Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) The exportation from Australia of a chemical mentioned in Schedule 2, or a mixture or preparation containing a chemical mentioned in Schedule 2, is prohibited unless:
(a) if the chemical is an active constituent or a chemical product as defined in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994 :
(i) a permission to export the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 ; and
(ii) the permission is produced to a Collector; or
(b) in any other case:
(i) a permission to export the chemical has been granted in writing by the Minister or an authorised officer under this regulation; and
(ii) the permission is produced to a Collector.
(1A) To avoid doubt, if an item in Schedule 2 includes words describing a particular kind of derivative (for example, 'salt' or 'ester') of a chemical whose common name is set out in the item, the derivative so described is taken, for subregulation (1), to be a chemical mentioned in Schedule 2.
(2) An application for a permission under paragraph (1) (b) must be:
(a) in writing; and
(b) lodged with an authorised officer.
(3) An authorised
officer may ask an applicant for a permission under paragraph (1) (b) to give
to the authorised officer
any information that the authorised officer or the
Minister reasonably requires in order to decide whether the permission should
be granted.
(4) If, on an application for a permission under paragraph (1) (b), an authorised officer forms an opinion that the permission should not be granted:
(a) the authorised officer must refer the application to the Minister; and
(b) the Minister may grant, or refuse to grant, the permission.
(5) A permission granted under paragraph (1) (b) or (4) (b) may specify:
(a) conditions or requirements to be complied with by the holder of the permission; and
(b) when the holder must comply with a condition or requirement, whether before or after the exportation of the chemical to which the permission relates.
(6) If the holder
of a permission granted under paragraph (1) (b)
or (4) (b) does not comply
with a condition or requirement
of the permission, the Minister may, by
writing, revoke the permission.
(7) In this regulation:
authorised officer means an officer of the Department of Agriculture, Fisheries and Forestry who is authorised in writing for the purposes of this regulation by the Minister.
"Minister" means the Minister for Agriculture, Fisheries and Forestry.