15AAProposal to include previously regulated chemical in Inventory

#### 15AA Proposal to include previously regulated chemical in Inventory (1) The Director may make a proposal to include or not to include a new industrial chemical in the Inventory if: (a) the chemical was previously regulated; and (b) there is no assessment certificate in force for the chemical; and (c) the chemical is currently in use in Australia. > Note: See subsection (9) for the definition of previously regulated. (2) The Director may include in a proposal the following particulars in respect of a chemical proposed to be included in the Inventory: (a) particulars of any condition of use to which the importation or manufacture of the chemical is subject; (b) particulars of any other condition to which the importation or manufacture of the chemical is subject; (c) any other particulars in respect of the chemical that are prescribed by regulations for the purposes of this paragraph. (3) In making a proposal, the Director must consider whether the use of the chemical poses an unreasonable risk to occupational health and safety, public health or the environment. (4) The Director must give notice of a proposal in the Chemical Gazette. (5) The notice must state the following: (a) the chemical name for the chemical; (b) the number assigned to the chemical by the service known as the Chemical Abstracts Service, or if that number is not available, the number that accords with an alternative numbering system; (c) any name by which the chemical is commonly known; (d) whether the Director proposes to include or not to include the chemical in the Inventory; (e) the reasons why the Director proposes to include or not to include the chemical in the Inventory; (f) if the Director proposes to include the chemical in the Inventory: (i) any particulars that the Director proposes to include in respect of the chemical; and (ii) the reasons why the Director proposes to include those particulars; (g) that a person may give a statement to the Director, within 28 days after the date of publication of the notice, giving reasons why the person objects to the Director’s proposal. (6) If the Director knows the name and address of a person who is introducing or proposes to introduce the chemical, the Director must send a copy of the notice to the person. (7) Once the 28 days mentioned in paragraph (5)(g) have passed, the Director must, having regard to any statements received, make a final decision: (a) to include or not to include the chemical in the Inventory; and (b) if the Director decides to include the chemical in the Inventory—to include or not to include specified particulars in respect of the chemical. (8) The Director must: (a) publish a notice in the Chemical Gazette of the Director’s final decision; and (b) give a copy of the notice to any person who gave a statement. (9) For the purposes of subsection (1), a chemical was previously regulated if: (a) the chemical has been, but is no longer, within the scope of regulation of a Commonwealth law that relates to chemicals and that is prescribed by the regulations; or (b) the chemical is contained in a product that has been, but is no longer, within the scope of regulation of any of the following: (i) the Agricultural and Veterinary Chemicals Code Act 1994; (ii) the Therapeutic Goods Act 1989; (iii) the Food Standards Australia New Zealand Act 1991; (iv) another Commonwealth law that relates to chemicals in products (whether consisting of a single chemical or not) and that is prescribed by the regulations.