CTHRepealedAct
Industrial Chemicals (Notification and Assessment) Act 1989
40AApplication for extension of original assessment certificate to cover other importers or manufacturers
Start here
Get a plain-English read of 40A
Turn the raw legal text into a practical explanation grounded in Industrial Chemicals (Notification and Assessment) Act 1989.
#### 40A Application for extension of original assessment certificate to cover other importers or manufacturers
(1) If an assessment certificate (the original certificate) has been given for an industrial chemical, an importer or manufacturer of the chemical who does not hold the original certificate may apply for extension of the original certificate for the chemical to cover that importer or manufacturer.
(1A) However, an importer or manufacturer may not apply for extension of a self‑assessed assessment certificate.
(2) 2 or more persons may make a joint application for extension of an original certificate if each of them is a manufacturer or importer of the chemical.
(3) If the application relates to any chemical, other than a polymer of low concern, it must be accompanied by a statement of the matters set out in clauses 1, 2, 3, 5, 11 and 12 of Part B of the Schedule.
(4) If the application relates to a polymer of low concern, it must be accompanied by a copy of the form approved for the purposes of section 24A signed by the applicant or each applicant to indicate that the information in the form is correct.
(5) An application in relation to any chemical must also be accompanied by:
(a) a supplementary information statement in writing containing:
(i) if there has been a significant variation in matters affecting occupational, environmental or public exposure as set out in the notification statement that accompanied the application for the original certificate or as set out in any additional information given under section 27 or 28 in respect of the application for the original certificate—details of the variation; and
(ii) any new information available to the applicant about the health and environmental effects of the chemical; and
(iii) confirmation that the person has access to a copy of the public report about the chemical; and
(b) the written agreement of the holder of the original certificate to the extension of the certificate to cover the applicant or each applicant; and
(c) a statement that the applicant or each applicant is entitled to use and give the Director all the data in the statement; and
(d) the prescribed fee.
(6) For the purposes of subparagraph (5)(a)(ii), information is taken to be available to the applicant if the applicant ought reasonably to have been aware of the information having regard to the applicant’s abilities, experience, qualifications and other attributes.