47Issue of assessment certificate

47 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 31 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 the end use for the industrial chemical does not pose an unreasonable risk to human health or to the environment, having regard to: (a) Schedule 1AB to the old regulations, as if those regulations were still in force; and (b) any other matter the Executive Director considers relevant. 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.