61Prohibition of priority existing chemical until assessment complete

#### 61 Prohibition of priority existing chemical until assessment complete (1) In this section: > activity, in relation to a priority existing chemical, means any of the following: (a) the importation of the chemical; (b) the manufacture of the chemical; (c) the manufacture of the chemical in particular circumstances; (d) the use of the chemical; (e) the use of the chemical for a particular purpose; (f) the use of the chemical in particular circumstances; (g) the handling of the chemical in particular circumstances; (h) the storage of the chemical in particular circumstances. > particular circumstances includes a particular geographical area. (2) Where the Minister has reasonable grounds for believing that an activity involving a priority existing chemical gives rise to an unacceptable risk of adverse health effects or adverse environmental effects, then, as soon as practicable, the Minister is, by notice in the Chemical Gazette, to prohibit that activity while the chemical remains a priority existing chemical. (3) The Minister is to cause a copy of the notice to be sent to each person who is, to the Minister’s knowledge, an importer or manufacturer of the chemical. (4) An importer or manufacturer of industrial chemicals must not refuse or fail to comply with the notice. Penalty: 300 penalty units. (4A) Subsection (4) does not apply if the importer or manufacturer 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). (5) A person, other than an importer or manufacturer of industrial chemicals, must not refuse or fail to comply with the notice. Penalty: 240 penalty units. (6) 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 (6) (see subsection 13.3(3) of the Criminal Code). (7) For the purposes of an offence against subsection (4) or (5), strict liability applies to the physical element, that the importer or manufacturer, or the person, fails as mentioned in that subsection. > Note: For strict liability, see section 6.1 of the Criminal Code.