Document ID: chunk:federal_register_of_legislation:F2024C01037:front:0:p12
Version: federal_register_of_legislation:F2024C01037
Segment Type: other
Provision Reference: 
Character Range: 30356–33300

that are mercury‑added products
 (1A) The manufacture in Australia of a controlled chemical that is a mercury‑added product is prohibited in all cases.

Prescribed condition
 (2) For the purposes of subsection 69C(1) of the Act, the condition that a person must not manufacture a chemical in contravention of subregulation (1) or (1A) is prescribed.

Subdivision 3.3.2—Prohibition subject to conditions

3.105  Chemicals to which this Subdivision applies
 (1) This Subdivision applies to a controlled chemical if the relevant item in Schedule 1 states that its manufacture is:
 (a) prohibited except with written permission; or
 (b) prohibited except if specified conditions are met.
 (2) In this Subdivision, a controlled chemical to which this Subdivision applies is called a manufacture‑prohibited chemical.

3.110  Prohibition
 (1) The manufacture in Australia of a manufacture‑prohibited chemical is prohibited unless:
 (a) an authorised officer or the Minister has given permission in writing to manufacture the chemical (if such permission is required); and
 (b) any condition or restriction specified in the relevant item in Schedule 1 is satisfied.
 (2) For the purposes of subsection 69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical:
 (a) a person must not manufacture the chemical:
 (i) without the written permission of an authorised officer or the Minister (if such permission is required); or
 (ii) contrary to a condition or restriction specified in the permission;
 (b) a person who manufactures the chemical must not fail to produce any required permission if asked to do so by:
 (i) an authorised officer; or
 (ii) an officer of another Agency, or an officer or employee of a State or Territory government, authorised in writing by the Secretary for the purposes of this paragraph;
 (c) any condition or restriction specified in the relevant item in Schedule 1.
Note: A person who manufactures such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300 penalty units (see subsection 69C(5) of the Act).
 (3) This regulation applies despite any approval to manufacture under any other legislation.

3.115  Applications for permission to manufacture manufacture‑prohibited chemicals
 (1) A person may apply to the Department for permission to manufacture a manufacture‑prohibited chemical.
 (2) An application must be in the approved form and must include the following information:
 (a) generic information about the applicant;
 (b) the technical name, common name and CAS number (if known) of the chemical;
 (c) the quantity to be manufactured.
Note 1: The applicant may be required to give additional information (see regulation 3.15).
Note 2: An authorised officer must give written notice of his or her decision on the application (see regulation 3.505).

3.120  When permission may be granted
 (1) An authorised officer