38Pending applications for renewal to be treated as variation applications under new law

38 Pending applications for renewal to be treated as variation applications under new law

(1) This section applies in relation to an application if: (a) the application is for renewal of a low volume permit relating to an industrial chemical under subsection 21R(1A) of the old law; and (b) the application is pending immediately before 1 July 2020. (2) For the purposes of the new law: (a) the period for which the assessment certificate is in force under paragraph 19(2)(f) of Schedule 2 to the transitional Act (as modified by section 40 of this instrument) is taken to be a term of the assessment certificate; and (b) the application has effect, on and after 1 July 2020, as if it were an application to vary that term of the assessment certificate under section 43 of the new law; and (c) section 44 of the new law applies in relation to the application as if: (i) that section included a requirement that before deciding to vary the term of the assessment certificate the Executive Director must be satisfied in accordance with subsection (3) of this section; and (ii) the reference in paragraph 44(2)(a) to 70 working days were instead a reference to 20 working days; and (iii) paragraphs 44(3)(c), (d) and (e) did not apply; and (d) sections 46, 47 and 48 of the new law do not apply in relation to the application; and (e) section 49 of the new law applies as if that section included a requirement that the term of the assessment certificate as varied must not provide that the period for which the assessment certificate is in force is more than 3 years from the day written notice of the decision is given; and (f) subsection 49(4) of the new law applies in relation to the application as if that subsection were limited to a requirement to give written notice of the decision; and (g) if a decision is not made on the application before the end of the remaining period for which the low volume permit would have been in force under section 21V of the old law—the period for which the assessment certificate is in force under the new law is taken to continue until a decision is made on the application.

Note 1: For circumstances affecting the calculation of the consideration period, see section 83 of this instrument, and section 169 of the new law.

Note 2: Low volume permits that were in force under the old law immediately before 1 July 2020 are taken to be time‑limited assessment certificates under the new law: see item 19 of Schedule 2 to the transitional Act.

(3) For the purposes of subparagraph (2)(c)(i), the Executive Director must be satisfied of the following: (a) that the function or use of the industrial chemical: (i) has not changed significantly since the low volume permit was granted; and (ii) is not likely to change significantly if the low volume permit is renewed; (b) that the volume of the industrial chemical being introduced by the applicant: (i) has not significantly increased since the low volume permit was granted; and (ii) is not likely to significantly increase if the low volume permit is renewed; (c) if the low volume permit is for an industrial chemical that is manufactured in Australia by the applicant—that the method of manufacture of the industrial chemical employed by the applicant: (i) has not changed since the low volume permit was granted in a way that may result in an increased risk to occupational health and safety, public health or the environment; and (ii) is not likely to change if the low volume permit is renewed; (d) if the low volume permit is for an industrial chemical that was not manufactured, or proposed to be manufactured in Australia at the time the permit was granted, by the applicant—that the industrial chemical has not been manufactured by the applicant in Australia since the low volume permit was granted; (e) that no additional information has become available to the applicant as to any adverse effects of the industrial chemical on occupational health and safety, public health or the environment.