26Circumstances in which introductions are exempted introductions

26 Circumstances in which introductions are exempted introductions

(1) For the purposes of step 2 of the method statement in section 24, the introduction of an industrial chemical by a person is covered by this section if any of subsections (2) to (9) of this section apply to the introduction. Introduction of industrial chemicals that are imported and subsequently exported (2) This subsection applies to the introduction of an industrial chemical by a person if: (a) the industrial chemical is introduced at a port or airport in Australia; and (b) the total volume of the industrial chemical is subsequently exported out of Australia; and (c) at all times whilst the industrial chemical is in Australia, the packaging in which the industrial chemical is immediately contained is not opened; and (d) at all times whilst the industrial chemical is in Australia, the industrial chemical is either: (i) subject to customs control under the Customs Act 1901; or (ii) subject to the control of the person who introduces the industrial chemical; and (e) subsection 11(3) of the Act does not apply to the introduction.

Note: Under subsection 11(3) of Act, if the industrial chemical leaves Australia within 25 working days and is subject to customs control under the Customs Act 1901 at all times before leaving Australia, the introduction of the industrial chemical is an excluded introduction. Therefore, subparagraph (d)(i) of this subsection may only apply where the industrial chemical is subject to customs control for longer than 25 working days.

Introduction of industrial chemicals that are solely for use in research and development (3) This subsection applies to the introduction of an industrial chemical by a person if: (a) the introduction of the industrial chemical is: (i) solely for the industrial chemical to be used in research and development by the person; or (ii) solely for the purposes of making the industrial chemical available to another person for that other person to use solely in research and development; and (b) the industrial chemical is not made available to the general public: (i) on its own; or (ii) in combination with one or more other industrial chemicals; or (iii) as part of an article, including where the industrial chemical undergoes a physical or chemical change to produce the article; and (c) control measures are used to eliminate or minimise the risks from the introduction and use of the industrial chemical to: (i) persons involved in the research and development for which the industrial chemical is introduced; and (ii) the environment; and (d) the total volume of the industrial chemical introduced in a registration year by the person does not exceed: (i) if subsection (3A) applies to the industrial chemical—10 kg; or (ii) otherwise, and subject to subsection (3B)—250 kg. (3A) This section applies to an industrial chemical if: (a) the industrial chemical is a solid, or is in a dispersion, at the time of introduction and it consists of solid particles, in an unbound state or as an aggregate or agglomerate, where at least 50% (by number size distribution) of the particles have at least one external dimension in the nanoscale; or (b) it had not been determined, at the time of introduction, whether the industrial chemical meets the description in paragraph (a). (3B) Subparagraph (3)(d)(ii) does not apply to the introduction of an industrial chemical by a person in a registration year if an amount of the industrial chemical to which paragraph (3A)(a) applies has been introduced by the person in the registration year. Introduction of polymers that are comparable to listed polymers (4) This subsection applies to the introduction of an industrial chemical by a person if: (a) the industrial chemical is a polymer; and (b) the polymer contains each of the reactants that another polymer that is listed on the Inventory (the listed polymer) does; and (c) the polymer contains one or more other reactants (the additional reactants) that the listed polymer does not; and (d) each additional reactant does not constitute more than 2% by weight of the polymer; and (e) the introduction complies with the following terms of the Inventory listing for the listed polymer: (i) any defined scope of assessment for the industrial chemical; (ii) any conditions relating to the introduction or use of the industrial chemical; (iii) any specific requirements to provide information to the Executive Director in relation to the introduction of the industrial chemical; (iv) any other information relating to the industrial chemical that is prescribed by this instrument for the purposes of paragraph 81(1)(f) of the Act. Introduction of industrial chemicals that are comparable to listed industrial chemicals (5) This subsection applies to the introduction of an industrial chemical by a person if: (a) the introduction is of an industrial chemical mentioned in column 1 of an item in the following table; and (b) the introduction complies with the following terms of the Inventory listing for the industrial chemical mentioned in column 3 of that item: (i) any defined scope of assessment for the industrial chemical; (ii) any conditions relating to the introduction or use of the industrial chemical; (iii) any specific requirements to provide information to the Executive Director in relation to the introduction of the industrial chemical; (iv) any other information relating to the industrial chemical that is prescribed by this instrument for the purposes of paragraph 81(1)(f) of the Act.