Industrial Chemicals Act 2019
87Variations relating to subsequent assessment certificates
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87 Variations relating to subsequent assessment certificates
(1) This section applies if: (a) an industrial chemical was listed on the Inventory under section 82 or 83 in relation to an assessment certificate; and (b) another assessment certificate is in force for the industrial chemical; and (c) either: (i) 5 years have passed since the other assessment certificate was issued; or (ii) a holder of the other assessment certificate has applied under this subparagraph to the Executive Director for a variation to the listing.
Note: For general requirements relating to applications: see section 167.
(2) The Executive Director may vary a term of the Inventory listing for the industrial chemical to incorporate the terms of the other assessment certificate. (3) Before varying a term of the Inventory listing for the industrial chemical, the Executive Director must give written notice of the proposed variation to: (a) each holder of the other assessment certificate; and (b) any other person prescribed by the rules for the purposes of this paragraph. (4) A notice under subsection (3) must contain the following: (a) the terms of the listing as varied; (b) the reason why the listing is to be varied; (c) the day the listing is proposed to be varied. (5) If the Executive Director varies a term of the Inventory listing for an industrial chemical under subsection (2), the Executive Director must: (a) publish on the AICIS website a notice containing the following: (i) the terms of the listing as varied; (ii) the reason why the listing was varied; and (iii) the day the listing was varied; and (b) do so within 20 working days after the day the listing is varied. (6) To avoid doubt, a single notice under this section may cover more than one term of an Inventory listing.