44Chemical notified and assessed under approved foreign scheme

#### 44 Chemical notified and assessed under approved foreign scheme (1) Where a person who wishes to make an application under section 23 for an assessment certificate for a new industrial chemical that has been notified and assessed under an approved foreign scheme gives to the Director: (a) a copy of all the particulars about the chemical that were given under the scheme and are available to the person; and (b) a copy of a report of the assessment of the chemical under the scheme that is the approved report for the chemical under subsection 43(4A); and (c) any other information about the chemical available to the applicant that is assessment information or was given under another approved foreign scheme; and (d) documents that satisfy the Director that, in comparison with the chemical as assessed under the scheme: (i) the proposed use of the chemical in Australia is not significantly different; and (ii) the amount of the chemical to be introduced is not significantly greater; and (iii) no variation is proposed in the method of manufacture, use or disposal of the chemical that could increase the risk of adverse health effects or adverse environmental effects; then, subject to subsection (2), the Director is to be taken to have received from the person an application for an assessment certificate for the chemical in accordance with section 23 and the documents given under paragraph (b) are to be taken to be the notification statement. (2) Where the Director is taken to have received an application because of subsection (1), the Director: (a) is not to require further information to be given under section 27 in relation to the application, other than information relating to matters referred to in paragraph (1)(d) or information to clarify information given; and (b) must adopt the report made under the scheme unless he or she considers it inappropriate to do so because of information, or the limited extent of the information, made available under paragraph (1)(a), (b) or (c) or section 27. (3) Where a report is adopted, the Director is to be taken to have carried out his or her duties and functions under sections 31 and 32 and the assessment report may be prepared on the basis of the adopted report. (4) Subject to subsection (5), the assessment report and the public report are to be completed within 90 days after the day on which the application was made or, where a notice or notices were given under section 27, within 90 days after the day on which the information required by the notice or notices was given. (5) The Minister may extend the period for the completion of reports by up to 90 days if it is not reasonably practicable for the reports to be completed within the period. (6) Where the Minister extends the period for the completion of reports, the Minister is to notify the applicant of the extension immediately.