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INDUSTRIAL CHEMICALS ACT 2019 - SECT 163

Movements of industrial chemicals into or out of Australia

Prohibited or restricted introductions or exports

  (1)   If an industrial chemical is the subject of a prescribed international agreement or a prescribed international arrangement, the rules may:

  (a)   prohibit the introduction or export of the industrial chemical; or

  (b)   impose conditions or restrictions to which the introduction or export of the industrial chemical are subject.

  (1A)   Without limiting paragraph   (1)(b), the conditions or restrictions that may be imposed include that the introduction or export of the industrial chemical must be approved by the Executive Director.

  (1B)   A person may apply to the Executive Director for the approval.

Executive Director must give notice before making rules

  (2)   At least 20 working days before rules are made for the purposes of subsection   (1), the Executive Director must publish on the AICIS website a notice:

  (a)   identifying the prescribed international agreement or prescribed international arrangement; and

  (b)   listing the name or names by which the industrial chemical is known to the public; and

  (c)   requiring all persons who introduce the industrial chemical into, or export the industrial chemical from, Australia to give to the Executive Director information in the approved form about movements of the industrial chemical into or out of Australia.

Informing other countries etc.

  (3)   The Executive Director may inform any of the following persons or bodies regarding movements into or out of Australia of an industrial chemical mentioned in subsection   (1):

  (a)   a country;

  (b)   the appropriate authority of a country;

  (c)   a relevant international organisation.

  (4)   The Executive Director may give information under subsection   (3) in such terms and on such conditions as the Executive Director thinks fit, having regard to:

  (a)   the requirements of the relevant international agreement or arrangement; and

  (b)   the interest of any person in maintaining confidentiality in relation to movements of the industrial chemical.



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