Document ID: chunk:federal_register_of_legislation:F2024C00679:reg:26:p1
Version: federal_register_of_legislation:F2024C00679
Segment Type: reg
Provision Reference: reg 26 (pt 1/3)
Character Range: 64993–67795

26  Circumstances in which introductions are exempted introductions
 (1) For the purposes of step 2 of the method statement in section 24, the introduction of an industrial chemical by a person is covered by this section if any of subsections (2) to (9) of this section apply to the introduction.

Introduction of industrial chemicals that are imported and subsequently exported
 (2) This subsection applies to the introduction of an industrial chemical by a person if:
 (a) the industrial chemical is introduced at a port or airport in Australia; and
 (b) the total volume of the industrial chemical is subsequently exported out of Australia; and
 (c) at all times whilst the industrial chemical is in Australia, the packaging in which the industrial chemical is immediately contained is not opened; and
 (d) at all times whilst the industrial chemical is in Australia, the industrial chemical is either:
 (i) subject to customs control under the Customs Act 1901; or
 (ii) subject to the control of the person who introduces the industrial chemical; and
 (e) subsection 11(3) of the Act does not apply to the introduction.
Note: Under subsection 11(3) of Act, if the industrial chemical leaves Australia within 25 working days and is subject to customs control under the Customs Act 1901 at all times before leaving Australia, the introduction of the industrial chemical is an excluded introduction. Therefore, subparagraph (d)(i) of this subsection may only apply where the industrial chemical is subject to customs control for longer than 25 working days.

Introduction of industrial chemicals that are solely for use in research and development
 (3) This subsection applies to the introduction of an industrial chemical by a person if:
 (a) the introduction of the industrial chemical is:
 (i) solely for the industrial chemical to be used in research and development by the person; or
 (ii) solely for the purposes of making the industrial chemical available to another person for that other person to use solely in research and development; and
 (b) the industrial chemical is not made available to the general public:
 (i) on its own; or
 (ii) in combination with one or more other industrial chemicals; or
 (iii) as part of an article, including where the industrial chemical undergoes a physical or chemical change to produce the article; and
 (c) control measures are used to eliminate or minimise the risks from the introduction and use of the industrial chemical to:
 (i) persons involved in the research and development for which the industrial chemical is introduced; and
 (ii) the environment; and
 (d) the total volume of the industrial chemical introduced in a registration year by the person does not exceed:
 (i) if subsection (3A) applies to the industrial chemical—10 kg; or
 (ii)