Document ID: chunk:federal_register_of_legislation:F2024C00679:reg:75
Version: federal_register_of_legislation:F2024C00679
Segment Type: reg
Provision Reference: reg 75
Character Range: 378289–380572

75  Decision on application
 (1) The Executive Director must:
 (a) consider the application in accordance with this section; and
 (b) make a decision on the application within 20 working days after the day the application is made.
 (2) In considering the application, the Executive Director must have regard to:
 (a) any further information provided by the applicant under subsection 74(4); and
 (b) if the applicant has held a previous approval to introduce or export the industrial chemical—the applicant's compliance with the terms of the previous approval; and
 (ba) Australia's obligations under relevant prescribed international agreements or prescribed international arrangements; and
 (c) any other information the Executive Director considers relevant.
 (3) After considering the application, the Executive Director must decide to:
 (a) approve the introduction or export; or
 (b) not approve the introduction or export.
 (4) The Executive Director must give the applicant written notice of:
 (a) the decision; and
 (b) if the decision is to refuse the application—the reasons for the decision.
 (4A) If the decision is to approve the introduction or export of the industrial chemical, the notice under subsection (4):
 (a) must also include the following terms of the approval:
 (i) the proper name for the industrial chemical;
 (ii) the period for which the approval is in force;
 (iii) any conditions relating to the introduction or export of the industrial chemical that are necessary to manage risks to human health or the environment from the introduction or export of the industrial chemical; and
 (b) may include any other terms the Executive Director considers appropriate.
 (5) If the Executive Director has requested further information under subsection 74(3), the 20 working day period mentioned in paragraph (1)(b) of this section excludes the number of days falling within the period:
 (a) beginning on the day on which the notice is given under subsection 74(3); and
 (b) ending on the earlier of:
 (i) the day a complete response to the notice is provided to the Executive Director in accordance with subsection 74(4); or
 (ii) the last day of the period specified in the notice.

Division 2—Importation and export of an industrial chemical that is mercury