Federal Register of Legislation - Australian Government

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SR 2004 No. 246 Regulations as made
These Regulations amend the Industrial Chemicals (Notification and Assessment) Regulations 1990.
Administered by: Health
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled Senate30-Aug-2004
Tabled HR16-Nov-2004
Gazetted 12 Aug 2004
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Industrial Chemicals (Notification and Assessment) Amendment Regulations 2004 (No. 3)1

Statutory Rules 2004 No. 2462

I, PHILIP MICHAEL JEFFERY, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Industrial Chemicals (Notification and Assessment) Act 1989.

Dated 5 August 2004

P. M. JEFFERY

Governor-General

By His Excellency’s Command

TRISH WORTH


1              Name of Regulations

                These Regulations are the Industrial Chemicals (Notification and Assessment) Amendment Regulations 2004 (No. 3).

2              Commencement

                These Regulations commence on the commencement of Schedule 1 to the Industrial Chemicals (Notification and Assessment) Amendment (Rotterdam Convention) Act 2004.

3              Amendment of Industrial Chemicals (Notification and Assessment) Regulations 1990

                Schedule 1 amends the Industrial Chemicals (Notification and Assessment) Regulations 1990.


Schedule 1        Amendment

(regulation 3)

  

[1]           Regulation 11B

substitute

11B         Prescribed international agreement (Act s 106)

         (1)   For paragraph 106 (1) (a) of the Act, the Rotterdam Convention is a prescribed international agreement.

         (2)   In this regulation and regulation 11C:

Rotterdam Convention means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, done at Rotterdam on 10 September 1998, as amended by any amendment of the Convention that has entered into force for Australia.

11C         Introduction and export of certain industrial chemicals prohibited without permission (Act s 106)

         (1)   This regulation applies to each of the following industrial chemicals, being chemicals that are the subject of the Rotterdam Convention:

                (a)    each of the following kinds of polybrominated biphenyls:

                          (i)    hexabromobiphenyl;

                         (ii)    octabromobiphenyl;

                        (iii)    decabromobiphenyl;

               (b)    tris (2,3-dibromopropyl) phosphate;

                (c)    polychlorinated biphenyls;

               (d)    polychlorinated terphenyls.

         (2)   The export of an industrial chemical mentioned in subregulation (1) is prohibited unless the Director has given written permission for the export at or before the time of the proposed export.

         (3)   The introduction of the industrial chemical mentioned in subparagraph (1) (a) (i) is prohibited unless the Director has given written permission for its introduction at or before the time of the proposed introduction.

Note for subregulation (3)   Section 21 of the Act (which relates to the introduction of new industrial chemicals) may also apply to the introduction of this kind of industrial chemical.

Note for regulation 11C   A person who exports or introduces an industrial chemical in contravention of this regulation is guilty of an offence — see subsection 106 (5) of the Act.

Notes

1.       These Regulations amend Statutory Rules 1990 No. 231, as amended by 1990 No. 440; 1991 No. 165; 1992 Nos. 29, 245 and 282; 1993 No. 35; 1994 Nos. 21, 320, 368 and 454; 1995 Nos. 81 and 358; 1997 Nos. 181, 193, 203 and 419; 1999 No. 224; 2002 Nos. 9 and 58; 2003 Nos. 121, 150 and 192; 2004 Nos. 158 and 239.

2.       Notified in the Commonwealth of Australia Gazette on 12 August 2004.