Document ID: chunk:federal_register_of_legislation:C2024C00527:section:15
Version: federal_register_of_legislation:C2024C00527
Segment Type: section
Provision Reference: s 15
Character Range: 26137–28122

15  Minister must have regard to certain matters in making etc. scheduling decision
 (1) In making, varying or revoking a scheduling decision for a relevant industrial chemical, the Minister must have regard to the following:
 (a) if there is a single relevant Commonwealth risk assessment in relation to the chemical—that assessment;
 (b) if there are 2 or more relevant Commonwealth risk assessments in relation to the chemical—the most recent of those assessments;
 (c) any relevant risks that the chemical poses, or may pose, to the environment and how any such risks may be minimised;
 (d) any relevant risks that a relevant end use of the chemical poses, or may pose, to the environment and how any such risks may be minimised;
 (e) any relevant advice given to the Minister by the Advisory Committee;
 (f) if Australia has any relevant obligations in relation to the chemical under an international agreement specified in the rules—those obligations;
 (g) any relevant submissions made in accordance with an invitation under subsection 17(1);
 (h) any relevant information given to the Minister under subsection 19(3) or 20(3);
 (i) any such matters as are specified in the rules.
 (2) Subsection (1) does not apply to a variation of a scheduling decision for a relevant industrial chemical if the variation is of a minor nature.
 (3) For the purposes of subsection (2), a variation of a scheduling decision for a relevant industrial chemical that does no more than change the way or ways in which the chemical is identified is taken to be a variation of a minor nature.
 (4) If:
 (a) a scheduling decision for a relevant industrial chemical specified a generalised end use for the chemical in lieu of the end use for the chemical; and
 (b) a variation of the scheduling decision does no more than to specify the end use for the chemical instead of that generalised end use;
then, for the purposes of subsection (2), the variation is taken to be a variation of a minor nature.