Industrial Chemicals Act 2019
101Specific obligations to provide information
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101 Specific obligations to provide information
Assessment certificates (1) A person contravenes this subsection if: (a) the person is the holder of, or is covered by, an assessment certificate for the introduction of an industrial chemical; and (b) the assessment certificate includes a specific requirement to provide information to the Executive Director as mentioned in paragraph 38(1)(d); and (c) the information is not given to the Executive Director in accordance with the terms of the assessment certificate. Commercial evaluation or exceptional circumstances authorisations (2) A person contravenes this subsection if: (a) the person is the holder of a commercial evaluation authorisation or an exceptional circumstances authorisation for the introduction of an industrial chemical; and (b) the authorisation includes a specific requirement to provide information to the Executive Director as mentioned in paragraph 59(1)(f) or 67(3)(e) (as the case requires); and (c) the information is not given to the Executive Director in accordance with the terms of the authorisation. Inventory listings (3) A person contravenes this subsection if: (a) the person introduces an industrial chemical that is listed on the Inventory; and (b) the terms of the Inventory listing for that industrial chemical include a specific requirement to provide information to the Executive Director as mentioned in paragraph 81(1)(e); and (c) the information is not given to the Executive Director in accordance with the terms of the Inventory listing. Fault‑based offence (4) A person commits an offence if the person contravenes subsection (1), (2) or (3).
Penalty: 300 penalty units.
Strict liability offence (5) A person commits an offence of strict liability if the person contravenes subsection (1), (2) or (3).
Penalty: 60 penalty units.
Civil penalty provision (6) A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).
Civil penalty: 300 penalty units.