Federal Register of Legislation - Australian Government

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SLI 2005 No. 257 Regulations as made
The purpose of the Regulations is to enable Australia to give effect to the obligations of the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade.
Administered by: Health
Registered 16 Nov 2005
Tabling HistoryDate
Tabled HR28-Nov-2005
Tabled Senate28-Nov-2005
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Industrial Chemicals (Notification and Assessment) Amendment Regulations 2005 (No. 2)1

Select Legislative Instrument 2005 No. 257

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 10 November 2005

P. M. JEFFERY

Governor-General

By His Excellency’s Command

CHRISTOPHER PYNE


1              Name of Regulations

                These Regulations are the Industrial Chemicals (Notification and Assessment) Amendment Regulations 2005 (No. 2).

2              Commencement

                These Regulations commence on the day after they are registered.

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

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


Schedule 1        Amendments

(regulation 3)

  

[1]           Paragraph 11C (1) (d)

omit

terphenyls.

insert

terphenyls;

[2]           After paragraph 11C (1) (d)

insert

                (e)    tetraethyl lead;

                (f)    tetramethyl lead.

[3]           Subregulation 11C (3)

substitute

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

Note   Section 21 of the Act (which relates to the introduction of new industrial chemicals) may also apply to the introduction of an industrial chemical mentioned in subparagraph (1) (a) (i), (ii) or (iii).

         (4)   The introduction of the industrial chemical mentioned in paragraph (1) (e) is prohibited unless:

                (a)    the Director has given written permission for its introduction at or before the time of the proposed introduction; or

               (b)    the industrial chemical is introduced in aviation gasoline (avgas), or for use in the production of avgas; or

                (c)    the industrial chemical is introduced:

                          (i)    in leaded fuel, or in a fuel additive; and

                         (ii)    by a person in respect of whom an approval granted under subsection 13 (1) of the Fuel Quality Standards Act 2000 is in force at the time of the introduction; and

                         (iii)    for the purpose of a supply that is specified in the approval.

         (5)   For subregulation (4):

fuel has the meaning given by subregulation 3 (2) of the Fuel Quality Standards Regulations 2001.

fuel additive has the meaning given by subregulation 3 (3) of the Fuel Quality Standards Regulations 2001.

supply has the meaning given by subsection 4 (1) of the Fuel Quality Standards Act 2000.

Note   Subsection 106 (5) of the Act provides that a person who introduces or exports an industrial chemical in contravention of a regulation made for the purposes of subsection 106 (1), or of a condition or restriction prescribed by such a regulation, is guilty of an offence.


Note

1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See www.frli.gov.au.