CTHRepealedAct
Industrial Chemicals (Notification and Assessment) Act 1989
21LConditions of commercial evaluation permit
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#### 21L Conditions of commercial evaluation permit
Conditions of permit
(1) A commercial evaluation permit relating to an industrial chemical is subject to the following conditions:
(a) a condition that a person who is or was the holder, or any of the holders, of the permit must not use the chemical, or permit the use of the chemical, for a purpose other than commercial evaluation unless the person holds an assessment certificate in force in relation to the chemical;
(b) such other conditions (if any) as are specified by the Director in the permit.
Variation etc. of conditions
(2) The Director may, by written notice given to the holder or holders of a commercial evaluation permit:
(a) impose one or more further conditions to which the permit is subject; or
(b) revoke or vary any condition:
(i) imposed under paragraph (a); or
(ii) specified in the permit.
Conditions may require giving of information
(3) Without limiting the kinds of conditions to which a commercial evaluation permit may be subject, a commercial evaluation permit may be subject to conditions requiring a person who is or was the holder, or any of the holders, of the permit to give information to the Director.
Offence of contravening conditions
(4) A person commits an offence if:
(a) the person is or was the holder, or any of the holders, of a commercial evaluation permit; and
(b) the person does an act or omits to do an act; and
(c) the act or omission contravenes a condition of the permit.
Penalty: 300 penalty units.
Defence of reasonable excuse
(4A) Subsection (4) does not apply if the person has a reasonable excuse.
> Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code).
Holder includes a person who agrees to be bound by the conditions of a permit
(5) For the purposes of this section, if a person agrees (whether jointly or otherwise) to be bound by the conditions of a commercial evaluation permit, the person is taken to be a holder of the permit.