21WPermit may be subject to conditions

#### 21W Permit may be subject to conditions (1) A low volume permit is granted subject to a condition that, if the holder of the permit becomes aware of any of the following circumstances, namely, that since the permit was last issued: (a) the function or use of the chemical has changed, or is likely to change, significantly; (b) the amount of the chemical being introduced under the permit in the 12 month period referred to in sub‑subparagraph 21S(2)(a)(iv)(A) or in a 12 month period referred to in sub‑subparagraph 21S(2)(a)(iv)(B) has exceeded, or is likely to exceed, the quantity stated in the written statement provided under subsection 21S(2) or the application for the renewal of the permit; (c) in the case of a chemical not manufactured, or proposed to be manufactured, in Australia when the permit was last issued—it has begun to be manufactured in Australia; (d) the method of manufacture of the chemical in Australia has changed, or is likely to change, in a way that may result in an increased risk of an adverse effect of the chemical on occupational health and safety, public health or the environment; (e) additional information has become available to the holder as to an adverse effect of the chemical on occupational health and safety, public health or the environment; (f) a prescribed event has happened; the holder will, within 28 days of becoming aware, give written notice to the Director of the circumstances of which the holder has become aware. > Note: A person who holds a low volume permit must also comply with the obligations in Division 3B of this Part. (2) For the purposes of subsection (1), the holder of a permit is taken to have become aware of circumstances if, having regard to: (a) the holder’s abilities, experience, qualifications and other attributes; and (b) the nature of the circumstances; the holder ought reasonably to have become aware of the circumstances. (3) A low volume permit may be expressed to be granted subject to such other conditions as the Director considers necessary or desirable to ensure that use of the low volume chemical will not constitute an unreasonable risk to occupational health and safety, public health or the environment. (4) The Director may, by written notice given to the holder of a low volume permit: (a) impose one or more further conditions to which the permit is to be subject; or (b) revoke or vary a condition: (i) imposed under paragraph (a); or (ii) stated in the permit. (5) A person commits an offence if: (a) the person is or was the holder, or any of the holders, of a low volume permit; and (b) the person does an act or omits to do an act; and (c) the act or omission contravenes a condition to which the permit is subject. Penalty: 300 penalty units. (5A) 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 (5A) (see subsection 13.3(3) of the Criminal Code). (6) The Director may, by written notice given to the holder of a low volume permit, cancel the permit if: (a) a condition to which the permit is subject has been contravened; or (b) a written statement provided or any information given: (i) in or in connection with the application for the permit or any application for a renewal of the permit; or (ii) in accordance with a condition to which the permit was subject; was false or misleading in a material particular.