Document ID: chunk:federal_register_of_legislation:C2004A01248:clause:1_100e
Version: federal_register_of_legislation:C2004A01248
Segment Type: clause
Provision Reference: sch 1 cl 100E
Character Range: 5469–7706

100E  Notification of final regulatory action

Scope of section

 (1) This section relates to Australia's obligations under paragraph 1 of Article 5 of the Convention.

Director to notify Australia's designated national authority

 (2) The Director must notify Australia's designated national authority in writing if the Director is satisfied that the Commonwealth has one or more laws banning or severely restricting the use of an industrial chemical in Australia.

 (3) The Director must also notify Australia's designated national authority in writing if the Director is satisfied that both of the following apply:
 (a) one or more of the following:
 (i) a State;
 (ii) the Australian Capital Territory;
 (iii) the Northern Territory;
  have one or more laws banning or severely restricting the use of an industrial chemical in their jurisdiction;
 (b) the law or those laws have the effect of banning or severely restricting the use of the industrial chemical in Australia.

 (4) A notification under subsection (2) or (3) must:
 (a) specify the industrial chemical; and
 (b) specify the relevant provisions of the law or those laws; and
 (c) contain the information set out in Annex 1 to the Convention to the extent that it is available; and
 (d) occur as soon as practicable after the Director is so satisfied.

Australia's designated national authority to notify Secretariat

 (5) Australia's designated national authority must then give the Secretariat written notice of the information set out in the Director's notification.

 (6) Australia's designated national authority must do so as soon as possible, but no later than 90 days, after the first day on which all of the relevant provisions of the law or those laws are in force.

Director to make information available in the Chemical Gazette

 (7) The Director must publish in the Chemical Gazette a notice setting out the information referred to in paragraphs (4)(a) and (b). The Director must do so as soon as practicable after the Director's notification.

 (8) The Director may also publish in that Gazette a notice setting out all or any of the information referred to in paragraph (4)(c).

Division 3—Exchange of certain information about industrial chemicals