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INDUSTRIAL CHEMICALS ACT 2019 - SECT 167

General requirements for applications

  (1)   An application under this Act must:

  (a)   be in the approved form; and

  (b)   contain the information required by the approved form; and

  (c)   be accompanied by any documents required by the approved form; and

  (d)   contain any information prescribed by the rules for the purposes of this paragraph; and

  (da)   subject to subsection   (1B), not contain any information prescribed by the rules for the purposes of this paragraph; and

  (e)   be accompanied by any documents prescribed by the rules for the purposes of this paragraph; and

  (f)   be accompanied by any fee for the application:

  (i)   prescribed by the rules for the purposes of this paragraph; or

  (ii)   worked out in accordance with a method prescribed by the rules for the purposes of this paragraph.

  (1A)   To avoid doubt:

  (a)   the rules may provide for applications to be made under the rules; and

  (b)   this section applies in relation to such applications.

  (1B)   The rules may provide that the restriction in paragraph   (1)(da) does not apply in relation to particular information, if the inclusion of the information in the application is approved by the Executive Director.

  (2)   To avoid doubt, information or documents required to be given as part of an application under this Act or the rules may be provided to the Executive Director by a person other than the applicant.

Note:   A person other than the applicant who provides information or documents to the Executive Director in connection with an application may apply or give notice for that information to be considered confidential business information: see sections   105 and 112.

  (3)   To avoid doubt, the Executive Director, in considering an application, may have regard to any information the Executive Director is satisfied is relevant to the application.

  (4)   If information that is relevant to the application becomes available to an applicant before a decision on the application is made, the applicant must give the information to the Executive Director as soon as is practicable after the information becomes so available.

  (5)   An applicant may, at any time before a decision has been made on an application, in writing to the Executive Director, withdraw the application.

  (6)   Without limiting subsection   (1), the Executive Director may approve different forms and the rules may prescribe different information, documents or fees for different:

  (a)   classes of industrial chemicals; or

  (b)   categories of introduction; or

  (c)   circumstances of introduction; or

  (d)   classes of applications or applicants.



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