Australian Capital Territory Numbered Regulations

DANGEROUS SUBSTANCES (GENERAL) REGULATIONS 2004 (NO 9 OF 2004) - REG 162

    (1)     The chief executive must grant an exemption authorising a person to use a chrysotile product if the chief executive is satisfied that—

    (a)     the use is for a use (the authorised use ) mentioned in table 161.1, column 2; and

    (b)     the authorised use is essential to the applicant's activities; and

    (c)     the applicant has in place appropriate measures to control the risks resulting from the use of the chrysotile product; and

    (d)     the applicant will be able to comply with the condition mentioned in regulation 163 (3); and

    (e)     the giving of the exemption is consistent with the object of this part.

    (2)     The chief executive must refuse to grant an exemption authorising a person to use a chrysotile product if the chief executive is not satisfied about the matters mentioned in subregulation (1).

    (3)     The chief executive must grant an exemption authorising a person to import, supply or store a chrysotile product if the chief executive is satisfied that—

    (a)     the import, supply or storage of the chrysotile product is for a use mentioned in table 161.1, column 2; and

    (b)     the use has been, or will be, authorised under an exemption; and

    (c)     the person has in place appropriate measures to control the risks resulting from the import, storage or supply of the chrysotile product; and

    (d)     the giving of the exemption is consistent with the object of this part.

    (4)     The chief executive must refuse to grant an exemption authorising a person to import, supply or store a chrysotile product if the chief executive is not satisfied about the matters mentioned in subregulation (3).

    (5)     In making a decision under this regulation, the chief executive may have regard to the notes mentioned in the National Model Regulations for the Control of Workplace Hazardous Substances , schedule 2, approved by the National Occupational Health and Safety Commission under the National Occupational Health and Safety Commission Act 1985 (Cwlth), as in force on 31 December 2003.