58Obtaining information for assessment

#### 58 Obtaining information for assessment (1) For the purposes of assessing a priority existing chemical, the Director may, by notice in the Chemical Gazette, require a person (in this section called the notifier) to whom the notice applies under subsection (2) to provide information about the chemical in accordance with this section. (2) The notice may be expressed to apply to: (a) all persons who introduce the chemical during the period beginning 12 months before the date of the notice and ending 12 months after that date; or (b) all persons who introduce the chemical during that period in circumstances specified in the notice; or (c) specified persons who introduce the chemical during that period; or (d) specified persons who the Director considers have relevant information. (3) The notice may require all or any of the following information about the chemical to be given to the Director in writing: (a) the properties of the chemical and the tests or other ways by which those properties were determined; (b) the quantities of the chemical that have been, or are proposed to be, imported by the notifier; (c) the quantities of the chemical that have been, or are proposed to be, manufactured by the notifier; (d) the uses or potential uses of the chemical that are known to the notifier; (e) a description (whether by name or otherwise) of persons to whom the notifier has supplied or intends to supply the chemical; (f) the methods used, or proposed to be used, by the notifier to carry out any of the following activities in relation to the chemical: (i) manufacturing; (ii) handling; (iii) storing; of the chemical; (g) any other matter specified by the Director that is relevant to the assessment of the chemical. (4) The notice must specify a period of not less than 28 days for compliance. (5) The Director may: (a) waive the requirement of a person to give particular information; or (b) extend the period within which a person is to comply with the notice. (6) The Director must cause a copy of the notice and, if that notice has identified the information to be supplied under it by reference to a notice under section 51, that other notice, to be sent to each person who is, to the Director’s knowledge, a notifier and whose address is known to the Director. (7) This section does not prevent the Director seeking information about a priority existing chemical for the purpose of assessing the chemical, being information that is additional to that provided under this section. (8) A notifier must not refuse or fail to comply with the notice. Penalty: 60 penalty units. (9) Subsection (8) does not apply if the notifier has a reasonable excuse. > Note: A defendant bears an evidential burden in relation to the matter in subsection (9) (see subsection 13.3(3) of the Criminal Code). (10) For the purposes of an offence against subsection (8), strict liability applies to the physical element, that the notifier fails as mentioned in that subsection. > Note: For strict liability, see section 6.1 of the Criminal Code.