25Circumstances in which introductions are not exempted or reported

25 Circumstances in which introductions are not exempted or reported

(1) For the purposes of step 1 of the method statement in section 24, the introduction of an industrial chemical is covered by this section if subsection (2), (3) or (4) of this section applies to the introduction. Introduction of industrial chemical subject to an international agreement or arrangement etc. (2) Subject to subsection (2A), this subsection applies to the introduction of an industrial chemical by a person if: (a) the industrial chemical is listed in: (i) Annex III to the Rotterdam Convention; or (ii) Part 1 of Annex A, B or C to the Stockholm Convention; or (b) the Persistent Organic Pollutants Review Committee (within the meaning of the Stockholm Convention) has decided that it is satisfied that the screening criteria specified in Annex D of that Convention have been fulfilled in relation to the industrial chemical; or (c) the Executive Director is satisfied: (i) as a result of deciding whether or not to issue an assessment certificate for the industrial chemical; or (ii) based on an evaluation under Part 4 of the Act relating to the introduction of the industrial chemical; that the screening criteria specified in Annex D of the Stockholm Convention have been fulfilled in relation to the industrial chemical. (2A) Subsection (2) does not apply to the introduction of an industrial chemical by a person if: (a) the industrial chemical is to be introduced solely for use in research or analysis; and (b) the total volume of the industrial chemical introduced by the person in a registration year does not exceed 100 kg. Introduction of industrial chemical listed on Inventory (3) This subsection applies to the introduction of an industrial chemical by a person if: (a) the industrial chemical is listed on the Inventory; and (b) the terms of the Inventory listing include one or more conditions relating to the introduction or use of the industrial chemical; and (c) the introduction or use is not in accordance with those conditions.

Note: An application may be made to vary the terms of the Inventory listing: see section 88 of the Act.

Introduction of industrial chemical where request for information is not complied with (4) This subsection applies to the introduction of an industrial chemical by a person if: (a) the Executive Director has, by written notice under section 102 or 104 of the Act: (i) requested the person to provide information relating to the introduction of the industrial chemical; and (ii) to do so within the period specified in the notice; and (b) the information is not given to the Executive Director within the period specified in the notice.

Note: The information may be given to the Executive Director by the person to whom the Executive Director gave the notice or by another person.