100Obligation to report information about hazards

100 Obligation to report information about hazards

(1) This section applies to: (a) a person who holds, or is covered by, an assessment certificate for the introduction of an industrial chemical; or (b) a person who has introduced an industrial chemical within the previous 12 months: (i) for which there is an Inventory listing; and (ii) for which there is an assessment statement or evaluation statement. (2) The person contravenes this subsection if: (a) information becomes available to the person after the most recent assessment statement or evaluation statement for the introduction of the industrial chemical has been published; and (b) the information is about: (i) a hazard to human health or the environment from the introduction or use of the industrial chemical that is not identified in the most recent assessment statement or evaluation statement for the industrial chemical; or (ii) a hazard to human health or the environment that is identified in the most recent assessment statement or evaluation statement for the industrial chemical and indicates an increase in the severity of the hazard; and (c) the person does not make the information available to the Executive Director within 20 working days after the day the information becomes available to the person. Fault‑based offence (3) A person commits an offence if the person contravenes subsection (2).

Penalty: 300 penalty units.

Strict liability offence (4) A person commits an offence of strict liability if the person contravenes subsection (2).

Penalty: 60 penalty units.

Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (2).

Civil penalty: 300 penalty units.