106International agreements or arrangements on movements of industrial chemicals into or out of Australia

#### 106 International agreements or arrangements on movements of industrial chemicals into or out of Australia (1) If an industrial chemical: (a) is the subject of a prescribed international agreement to which Australia is a party; or (b) is the subject of a prescribed international arrangement that provides for countries to ban, restrict or otherwise regulate the introduction or export of the chemical for the purposes of protecting the environment, public health or occupational health and safety; the regulations may prohibit the introduction or export of the chemical, either absolutely or subject to such conditions or restrictions as are prescribed. (2) A regulation for the purposes of subsection (1) must not be made unless: (a) the Director has published in the Chemical Gazette a notice: (i) identifying the agreement or arrangement; and (ii) listing the name or names by which the chemical is known to the public; and (iii) requiring all persons who introduce the chemical into, or export the chemical from, Australia to give to the Director information in the approved form about movements of the chemical into or out of Australia; and (b) a period of 30 days has elapsed since the notice was published. (3) The Minister may inform a country, the appropriate authority of a country or a relevant international organisation regarding movements into or out of Australia of a chemical specified in regulations made for the purposes of subsection (1). (4) The Minister may give information under subsection (3) in such terms and on such conditions as the Minister thinks fit, having regard to: (a) the requirements of the relevant international agreement or arrangement; and (b) the interest of any person in maintaining confidentiality in relation to movements of the chemical. (5) A person who introduces or exports an industrial chemical in contravention of a regulation made for the purposes of subsection (1) or of a condition or restriction prescribed by such a regulation, commits an offence punishable on conviction by a fine not exceeding 300 penalty units. (6) Subsection (5) does not apply if the person has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (6) (see subsection 13.3(3) of the Criminal Code). (7) For the purposes of an offence against subsection (5), strict liability applies to the physical element, that the introduction or exportation of the industrial chemical is in contravention of a regulation or condition as mentioned in that subsection. > Note: For strict liability, see section 6.1 of the Criminal Code.