Commonwealth Consolidated Acts

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INDUSTRIAL CHEMICALS ACT 2019 - SECT 63

Issue of varied authorisation

  (1)   The Executive Director must consider the application in accordance with this Subdivision.

  (2)   A decision on the application must be made under subsection   (4) within the following period (the consideration period ) after the day the application is made:

  (a)   unless paragraph   (b) or (c) applies--20 working days;

  (b)   unless paragraph   (c) applies--if the rules prescribe a number of working days for that type of application, that number of working days;

  (c)   if the Executive Director and each applicant agree to a number of working days--that number of working days.

Note:   For circumstances affecting the calculation of the consideration period: see section   169.

  (3)   In considering the application, the Executive Director must have regard to the following:

  (a)   any risks, or potential risks, to human health or the environment associated with the proposed variation;

  (b)   any further information provided in accordance with subsection   167(4).

  (4)   After considering the application, the Executive Director must decide to:

  (a)   vary the term of the authorisation; or

  (b)   not vary the term of the authorisation.

  (5)   The Executive Director must not issue the authorisation if the Executive Director is not satisfied that any risks to human health or the environment can be managed.

  (6)   The Executive Director must give written notice of the decision to each holder of the authorisation.

  (7)   To avoid doubt, a single notice under subsection   (6) may cover more than one term of the authorisation.



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