21Introduction of new industrial chemicals

21 Introduction of new industrial chemicals

(1) A person must not introduce a new industrial chemical.

Penalty: 300 penalty units.

(1A) Subsection (1) does not apply if the person holds an assessment certificate in force in relation to the chemical.

Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).

(2) Subsection (1) does not prohibit the introduction of a new industrial chemical in accordance with: (a) a commercial evaluation permit; or (b) a low volume permit; or (c) a controlled use permit; or (d) an introduction permit.

Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).

(3) Subsection (1) does not prohibit the introduction of: (a) a new industrial chemical imported solely for an excluded use within the meaning of section 7; or (b) a new industrial chemical manufactured in Australia: (i) in an apparatus that is a fixture designed for producing one or more chemicals; and (ii) in the course of a program of research, development or analysis; and (iii) by a person who, before manufacturing the chemical, gave the Director information about the type and location of the apparatus, and a general description of the program and the type of chemical to be manufactured in the apparatus, and a description of all procedures for the safe disposal of the chemical and any hazardous degradation products derived from the chemical; or (e) a new industrial chemical that may be introduced under regulations referred to in paragraph 111(c).

Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).

(4) Subsection (1) does not prohibit the introduction by a person of an amount of new industrial chemical not exceeding 100 kilograms in a period of 12 months (either by itself or in a mixture with one or more other chemicals): (a) unless the person knows that the chemical poses an unreasonable risk to occupational health and safety, public health or the environment; and (b) either: (i) if the chemical is introduced in a cosmetic—if requirements (if any), prescribed in regulations made for the purpose of this subparagraph, relating to its introduction are met (including requirements relating to its use, packaging or labelling); or (ii) otherwise—if requirements (if any), prescribed in regulations made for the purpose of this subparagraph, relating to its introduction are met (including requirements relating to its use, packaging or labelling).

Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).