Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS ACT 2019 - SECT 84

Previously regulated chemical

  (1)   The Executive Director may list an industrial chemical on the Inventory if:

  (a)   the industrial chemical was previously regulated under another law of the Commonwealth; and

  (b)   the Executive Director has:

  (i)   completed an evaluation under Part   4 relating to the introduction of the industrial chemical; and

  (ii)   concluded, as part of that evaluation, that the risks to human health and the environment from the introduction and use of the industrial chemical can be managed; and

  (c)   there is no assessment certificate in force for the industrial chemical; and

  (d)   the industrial chemical is currently in use in Australia.

Misidentified chemicals

  (2)   The Executive Director may list an industrial chemical on the Inventory if:

  (a)   all of the following apply:

  (i)   the Executive Director has completed an evaluation under Part   4 relating to the introduction of the industrial chemical;

  (ii)   public consultation was conducted as part of that evaluation;

  (iii)   the Executive Director concluded, as part of that evaluation, that the industrial chemical should have been listed on the Inventory instead of a listed industrial chemical that was misidentified; and

  (b)   there is no assessment certificate in force for the industrial chemical.

Note:   The Executive Director may also remove the misidentified industrial chemical: see section   95.

Notice of listing

  (3)   Before listing an industrial chemical under subsection   (1) or (2), the Executive Director must:

  (a)   publish on the AICIS website a notice containing the following:

  (i)   the proposed terms of the listing;

  (ii)   the reasons why the industrial chemical is proposed to be listed;

  (iii)   the day the industrial chemical is proposed to be listed; and

  (b)   do so at least 20 working days before the day mentioned in subparagraph   (a)(iii).