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Part 4—Evaluations initiated by Executive Director

Part 4 Evaluations initiated by Executive Director

Division 1 Simplified outline of this Part

68   Simplified outline of this Part

This Part sets out the Executive Director’s powers to initiate, at any time, evaluations of industrial chemicals and matters relating to industrial chemicals.

There are 2 separate processes for conducting evaluations. The first is for industrial chemicals that are subject to an assessment certificate. The Executive Director is required to consult with the assessment certificate holders as part of this process.

The second is for any other industrial chemicals or matters relating to industrial chemicals. The Executive Director must publish certain information on the AICIS website about a proposed evaluation.

The Executive Director must publish the outcomes of an evaluation in an evaluation statement.

An evaluation under this Part is necessary for the Executive Director to initiate variations to the terms of assessment certificates or Inventory listings.

An evaluation under this Part is also necessary for the cancellation of an assessment certificate, or removal of an Inventory listing, on the Executive Director’s initiative.

Division 2 Evaluations of introductions authorised by an assessment certificate

69   Executive Director may initiate evaluation

             (1)  The Executive Director may initiate an evaluation of the introduction of an industrial chemical that is authorised by an assessment certificate.

             (2)  The Executive Director must give written notice of the proposed evaluation, and the reasons for the evaluation, to each holder of the assessment certificate.

             (3)  The notice must specify the time period within which the evaluation will be conducted.

             (4)  In conducting the evaluation, the Executive Director must have regard to the following:

                     (a)  any risks to human health or the environment associated with the introduction and use of the industrial chemical;

                     (b)  any further information provided in accordance with section 70;

                     (c)  any advice given by a prescribed body in accordance with section 71;

                     (d)  any submissions made by a certificate holder in accordance with section 72.

70   Executive Director may require information

             (1)  The Executive Director may, by written notice given to a holder of, or a person covered by, the assessment certificate, require information to be provided for the purposes of the evaluation.

             (2)  The information must be given within the period specified in the notice, which must not be less than 20 working days after the day the notice is given.

             (3)  A person contravenes this subsection if:

                     (a)  a notice is given to the person under subsection (1); and

                     (b)  the person does not provide the information specified in the notice to the Executive Director within the period specified in the notice in accordance with subsection (2).

Fault-based offence

             (4)  A person commits an offence if the person contravenes subsection (3).

Penalty:  300 penalty units.

Strict liability offence

             (5)  A person commits an offence of strict liability if the person contravenes subsection (3).

Penalty:  60 penalty units.

Civil penalty provision

             (6)  A person is liable to a civil penalty if the person contravenes subsection (3).

Civil penalty:          300 penalty units.

71   Consultation with prescribed bodies

             (1)  The Executive Director must, by written notice, seek the advice of a body prescribed by the rules for the purposes of this subsection if the Executive Director is considering doing any of the following:

                     (a)  including, removing or varying a condition relating to the introduction or use of the industrial chemical on the assessment certificate on the basis that the inclusion, removal or variation is necessary to manage risks to human health or the environment;

                     (b)  cancelling the certificate on the basis that the Executive Director is not satisfied that the risks to human health or the environment can be managed.

             (2)  As part of the evaluation, the Executive Director may, by written notice, seek the advice of a body prescribed by the rules for the purposes of this subsection.

             (3)  The body may provide a response to the Executive Director.

             (4)  The response must be given within the period specified in the notice, which must not be less than 20 working days after the day the notice is given.

72   Submissions on draft evaluation statement

             (1)  The Executive Director must, by written notice, provide the draft evaluation statement to each holder of the certificate.

             (2)  A holder of the certificate may make a written submission to the Executive Director about the draft statement.

             (3)  A submission must be given within the period specified in the notice, which must not be less than 20 working days after the day the statement is given.

73   Issue of evaluation statement

             (1)  The Executive Director must issue an evaluation statement within the period mentioned in subsection 69(3).

             (2)  An evaluation statement must be in writing and contain the following:

                     (a)  the subject of the evaluation;

                     (b)  the defined scope of the evaluation;

                     (c)  a summary of the evaluation and any risks to human health or the environment identified during the evaluation;

                     (d)  if risks have been identified—the proposed means for managing these risks including the following:

                              (i)  any recommendations relating to the introduction or use of the industrial chemical;

                             (ii)  any conditions of a kind mentioned in subsection 38(2);

                            (iii)  any specific requirements to provide information to the Executive Director as mentioned in paragraph 38(1)(d);

                     (e)  any other information relating to the safe introduction and use of the industrial chemical that the Executive Director considers relevant.

             (3)  The Executive Director must:

                     (a)  give each holder of the certificate the evaluation statement; and

                     (b)  publish the evaluation statement on the AICIS website.

Note:          The Executive Director may vary the terms of an assessment certificate or cancel an assessment certificate following an evaluation: see sections 50 and 52.

Division 3 Evaluations of other introductions or matters

74   Executive Director may initiate evaluation

             (1)  The Executive Director may initiate an evaluation of matters relating to industrial chemicals (other than the introduction of an industrial chemical that is authorised by an assessment certificate).

Note:          An evaluation of the introduction of an industrial chemical authorised by an assessment certificate must be conducted under Division 2.

             (2)  Without limiting subsection (1), an evaluation may relate to any of the following:

                     (a)  an industrial chemical;

                     (b)  a class of industrial chemicals;

                     (c)  hazards to human health or the environment associated with an industrial chemical or class of industrial chemicals;

                     (d)  exposure of humans or the environment to an industrial chemical or class of industrial chemicals;

                     (e)  a use for an industrial chemical or class of industrial chemicals;

                      (f)  the circumstances in which an industrial chemical or class of industrial chemicals is introduced.

             (3)  If the Executive Director initiates an evaluation, the Executive Director must publish the following on the AICIS website:

                     (a)  the subject of the evaluation;

                     (b)  the reason for the evaluation;

                     (c)  the period within which the evaluation will be conducted.

75   Consultation to inform evaluation

                   The Executive Director, when conducting an evaluation, may do any of the following:

                     (a)  consult with a body prescribed by the rules for the purposes of this paragraph;

                     (b)  conduct a public consultation process;

                     (c)  request a person to provide information relevant to the evaluation.

76   Executive Director may require information

             (1)  The Executive Director may, by written notice, require a person mentioned in subsection (2) to provide information specified in the notice if any of the following circumstances apply:

                     (a)  the Executive Director has been unable to obtain the information by other means;

                     (b)  the information is necessary to confirm whether or not a particular industrial chemical or class of industrial chemicals is being introduced, or is in use, in Australia;

                     (c)  the information is necessary in order to establish whether there are any risks to human health or the environment associated with an industrial chemical;

                     (d)  the information is necessary in order for Australia to meet its obligations under international agreements or arrangements;

                     (e)  any other circumstances prescribed by the rules for the purposes of this paragraph.

             (2)  For the purposes of subsection (1), the persons are:

                     (a)  if the evaluation relates to a particular industrial chemical:

                              (i)  all persons who introduce the industrial chemical during the period beginning 12 months before the day the notice is given and ending 12 months after that day; or

                             (ii)  all persons who introduce the industrial chemical during the period mentioned in subparagraph (i) in circumstances specified in the notice; or

                            (iii)  specified persons who introduce the industrial chemical during the period mentioned in subparagraph (i); or

                     (b)  in any case—a person whom the Executive Director is satisfied has information relevant to the evaluation.

             (3)  The Executive Director must give the notice to each person who the Executive Director is satisfied is a person mentioned in subsection (2).

             (4)  The notice must specify the period within which the information must be provided, which must not be less than 20 working days after the day the notice is given.

             (5)  Before giving a notice, the Executive Director must publish on the AICIS website a statement describing the information that the Executive Director proposes to require under this section.

77   Person must comply with requirement to provide information

             (1)  A person contravenes this subsection if:

                     (a)  a notice is given to the person under section 76; and

                     (b)  the person does not provide the information specified in the notice to the Executive Director within the period specified in the notice.

Fault-based offence

             (2)  A person commits an offence if the person contravenes subsection (1).

Penalty:  300 penalty units.

Strict liability offence

             (3)  A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty:  60 penalty units.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          300 penalty units.

78   Issue of evaluation statement

             (1)  The Executive Director must issue an evaluation statement within the period mentioned in paragraph 74(3)(c).

             (2)  An evaluation statement must be in writing and contain the following:

                     (a)  the subject of the evaluation;

                     (b)  the parameters of the evaluation;

                     (c)  a summary of the evaluation and any risks to human health or the environment identified during the evaluation;

                     (d)  the proposed means for managing any risks;

                     (e)  any other information that the Executive Director considers relevant relating to the safe introduction and use of an industrial chemical that was considered as part of the evaluation;

                      (f)  the conclusions of the evaluation.

             (3)  The Executive Director must publish the evaluation statement on the AICIS website.

Note 1:       The Executive Director may vary the terms of an Inventory listing or add a listing or remove a listing following an evaluation: see Part 5.

Note 2:       If the Executive Director is proposing to include information in the evaluation statement for which notice has been given under section 112, an application may be made for the information to be treated as confidential business information and not published: see sections 113 and 114.