84Listing on Inventory in other circumstances

84 Listing on Inventory in other circumstances

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).