35Issue of assessment certificate

35 Issue of assessment certificate

(1) Section 37 of the new law applies in relation to the assessment certificate as if: (a) subsections 37(2) and (3) do not apply and were instead a requirement for the Executive Director to be satisfied in accordance with subsection (2) of this section; and (b) subsection 37(5) were limited to a requirement to give written notice of the decision; and (c) section 37 included a requirement for the Executive Director to publish written notice of the issue of the assessment certificate in accordance with subsection (3) of this section.

Note: Subsection 37(7) of the new law also does not apply in relation to the assessment certificate: see item 24 of Schedule 2 to the transitional Act.

Matters of which the Executive Director must be satisfied (2) For the purposes of paragraph (1)(a), the Executive Director must be satisfied that: (a) the end use for the industrial chemical does not pose an unreasonable risk to human health or to the environment, having regard to: (i) Schedule 1AA to the old regulations, as if those regulations were still in force; and (ii) any other matter the Executive Director considers relevant; and (b) the total volume of the industrial chemical that will be introduced during any 12‑month period will not exceed: (i) if the industrial chemical meets the criteria set out in clauses 2 and 3 of Schedule 1AA to the old regulations, as if those regulations were still in force—1,000 kilograms; or (ii) otherwise—100 kilograms. Notice of the issue of the assessment certificate (3) For the purposes of paragraph (1)(c), the Executive Director must publish on the AICIS website a notice setting out: (a) the trade name of the industrial chemical or the chemical name for the industrial chemical; and (b) the end use for the industrial chemical; and (c) the period for which the assessment certificate is to be in force.