Document ID: chunk:federal_register_of_legislation:C2004A01345:clause:1_13b
Version: federal_register_of_legislation:C2004A01345
Segment Type: clause
Provision Reference: sch 1 cl 13B
Character Range: 13696–15884

13B  Inclusion of new industrial chemical in non‑confidential section of Inventory before 5 years

 (1) This section applies if:
 (a) an assessment certificate (other than an extension of an original certificate) for an industrial chemical is in force; and
 (b) the period of 5 years from the giving of the certificate has not yet ended; and
 (c) the holder or each holder of the certificate applies in the approved form to the Director for the inclusion of the chemical in the non‑confidential section of the Inventory; and
 (d) if the application is made after 28 days of the giving of the certificate—the fee prescribed under section 110 is paid.

 (2) If there are any other assessment certificates in force in respect of the new industrial chemical, the Director must give each holder or holders of those assessment certificates (including each holder of an extension of such a certificate) written notice:
 (a) informing them of the proposed inclusion; and
 (b) setting out the terms of subsections (3) and (4).

 (3) The holder or each holder of any of those other assessment certificates may apply to the Director in the approved form, within 28 days of the giving of the notice, for the chemical not to be included in the non‑confidential section of the Inventory.

 (4) If an application is made under subsection (3) within the 28 days, the Director:
 (a) must not include the chemical in the non‑confidential section of the Inventory; and
 (b) must give a written notice to the applicant or applicants under subsection (1) stating that the chemical is not going to be included in that section of the Inventory; and
 (c) must repay any fee paid in respect of the application made under subsection (1).

 (5) If an application is not made under subsection (3) within the 28 days, the Director:
 (a) must include the chemical in the non‑confidential section of the Inventory; and
 (b) must give notice in the Chemical Gazette that he or she has included the chemical in the non‑confidential section of the Inventory.

Note: Under section 13, the Director can include conditions and other particulars in respect of a chemical that is included in the Inventory under this section.