Document ID: chunk:federal_register_of_legislation:F2024C00679:reg:27:p4
Version: federal_register_of_legislation:F2024C00679
Segment Type: reg
Provision Reference: reg 27 (pt 4/4)
Character Range: 87194–89506

chemical is introduced for an end use in cosmetics—the industrial chemical is not prohibited or restricted for use as a cosmetic, or for use in cosmetics:
 (i) in the European Union under Regulation (EC) No 1223/2009 of the European Parliament and of the Council of 30 November 2009 on cosmetic products, as in force from time to time; or
 (ii) in the United States of America under the Federal Food, Drug, and Cosmetic Act, as in force from time to time; and
 (d) the industrial chemical:
 (i) is not, to the person's knowledge, to be introduced as a solid or in a dispersion; or
 (ii) is not known by the person to consist of solid particles, in an unbound state or as an aggregate or agglomerate, where any of the particles have at least one external dimension in the nanoscale; and
 (e) the industrial chemical:
 (i) is not known by the person to contain fluorine; or
 (ii) is known by the person to be an inorganic salt; and
 (f) the industrial chemical is not known by the person to be persistent, bioaccumulative and toxic (within the meaning of subsection (8)); and
 (g) neither of the following subparagraphs apply:
 (i) the Executive Director has cancelled an assessment certificate for the industrial chemical under section 52 of the Act;
 (ii) the Executive Director has removed an Inventory listing for the industrial chemical under section 95 of the Act in circumstances to which subparagraph 95(1)(c)(i) of the Act applied.
 (7) To avoid doubt, for the purposes of subparagraph (6)(g)(i), it does not matter:
 (a) who was the holder of the assessment certificate; or
 (b) who was covered by the certificate.
 (8) For the purposes of this section, an industrial chemical is persistent, bioaccumulative and toxic if the industrial chemical is:
 (a) persistent within the meaning of the document (the Australian PBT Criteria) titled Australian Environmental Criteria for Persistent, Bioaccumulative and/or Toxic Chemicals published by the Environment Department and as existing from time to time; and
 (b) bioaccumulative within the meaning of the Australian PBT Criteria; and
 (c) toxic within the meaning of the Australian PBT Criteria.
Note: The Australian PBT Criteria could in 2024 be viewed on the Environment Department's website (http://www/dcceew/gov.au).

Part 3—Determining indicative risk