64Introducer to notify Director of certain matters

64 Introducer to notify Director of certain matters

(1) Where: (a) either or both of the following recommends the secondary notification of the chemical in particular circumstances: (i) an assessment report about a chemical; (ii) particulars included in respect of a chemical in the Inventory; and (b) the circumstances occur in relation to the introduction of the chemical by a person; the person must, within 28 days of the occurrence, notify the Director in writing that the circumstances have occurred.

Penalty: 120 penalty units.

(2) Where a person who introduces an industrial chemical that has been assessed under this Act becomes aware of any of the following circumstances, namely, that since the assessment: (a) the function or use of the chemical has changed, or is likely to change, significantly; (b) the amount of the chemical being introduced has increased, or is likely to increase, significantly; (c) in the case of a chemical not manufactured, or proposed to be manufactured, in Australia at the time of the assessment—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 person 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 person must, within 28 days of becoming aware, notify the Director in writing of the circumstances of which the person has become aware.

Penalty: 120 penalty units.

(2A) To avoid doubt, the reference in subsection (2) to an industrial chemical that has been assessed under this Act includes a reference to: (a) a chemical that has been assessed under section 33A (self‑assessment); and (b) a chemical that has been assessed but that is now included in the Inventory. (3) For the purposes of subsection (2), a person is to be taken to have become aware of circumstances if, having regard to: (a) the person’s abilities, experience, qualifications and other attributes; and (b) the nature of the circumstances; the person ought reasonably to have become aware of the circumstances. (4) 2 or more persons on whom are imposed obligations under this section in relation to an industrial chemical may comply with those obligations by jointly notifying the Director under this section.