40Supply of substances for research etc for chemical products

#### 40 Supply of substances for research etc for chemical products (1) Subsections 74(1) and 75(1) of the Code (which deal with the possession of chemical products and active constituents for supply) do not apply to a person in relation to an amount of: (a) a substance that is likely to be used as an active constituent for a chemical product; or (b) an active constituent for a chemical product; or (c) a chemical product; to which subregulation (2) applies. (2) This subregulation applies to a substance, constituent or chemical product in the possession or custody of a person if: (a) the substance, constituent or product is to be used only for the purposes of research in connection with a chemical product; and (b) the amount of the substance, constituent or product does not exceed the amount specified in subregulation (5); and (c) the person complies with subregulations (6) and (8) in respect of the substance, constituent or product. (3) Subsections 76(1), 77(1), 78(1) and 79(1) of the Code (which deal with the supply of chemical products and active constituents) do not apply to a person in relation to an amount of: (a) a substance that is likely to be used as an active constituent for a chemical product; or (b) an active constituent for a chemical product; or (c) a chemical product; to which subregulation (4) applies. (4) This subregulation applies to a substance, constituent or chemical product supplied by a person if: (a) the substance, constituent or product is to be used only for the purposes of research in connection with a chemical product; and (b) the amount of the substance, constituent or product supplied in any 12 month period does not exceed the amount specified in subregulation (5); and (c) the person complies with subregulations (7) and (8) in respect of the substance, constituent or product. (5) For the purposes of subregulations (2) and (4), the amount of the substance, constituent or chemical product is: (a) in the case of a substance or constituent—3 kilograms; or (b) in the case of a chemical product—6 kilograms. (6) A person referred to in subregulation (2) must make a record stating the amount of the substance, constituent or chemical product in the person’s possession or custody at any time. (7) A person referred to in subregulation (4) must make a record that shows, at any time, the amount of the substance, constituent or chemical product supplied by the person in the preceding 12 month period. (8) A record made under subregulation (6) or (7): (a) must be in a form that is readily accessible for the purposes of Parts 9 and 9A of the Code (which deal with investigative powers and enforcement); and (b) must be kept at the business premises of the person who made it for at least 2 years after it is made.