Document ID: chunk:federal_register_of_legislation:F2024C01037:front:0:p15
Version: federal_register_of_legislation:F2024C01037
Segment Type: other
Provision Reference: 
Character Range: 38226–41241

the Department for permission to deal with a dealing‑prohibited chemical.
 (2) An application to deal with a dealing‑prohibited chemical 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) information that the applicant considers supports the application.
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).

3.195  When permission may be granted
 (1) An authorised officer may grant an application for permission to deal with a dealing‑prohibited chemical if the officer is satisfied that the dealing is in accordance with Australia's obligations under the relevant international agreement or arrangement.
Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20.
 (2) If the officer is not satisfied as to the matter mentioned in subregulation (1), the officer must refuse to grant the application.

Division 3.6—Export

Subdivision 3.6.1—Absolute prohibition

3.200  Prohibited export

Export of controlled chemicals other than mercury‑added products
 (1) The export from Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that its export is prohibited in all cases.

Export of controlled chemicals that are mercury‑added products
 (1A) The export from 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 export a chemical in contravention of subregulation (1) or (1A) is prescribed.

Subdivision 3.6.2—Prohibition subject to conditions

3.205  Chemicals to which this Subdivision applies

Controlled chemicals other than mercury
 (1) This Subdivision applies to a controlled chemical if the relevant item in Schedule 1 states that its export is prohibited except with written permission.

Mercury and research mercury
 (1A) This Subdivision also applies to:
 (a) a controlled chemical that is mercury; and
 (b) a chemical product that is research mercury.

Export‑prohibited chemicals
 (2) In this Subdivision:
 (a) a controlled chemical to which this Subdivision applies is called an export‑prohibited chemical; and
 (b) research mercury is also called an export‑prohibited chemical.

3.210  Prohibition
 (1) The export from Australia of an export‑prohibited chemical is prohibited unless:
 (a) an authorised officer or the Minister has given permission in writing to export the chemical; and
 (b) the permission is produced to a Collector; and
 (c) for a chemical that is listed in Schedule 1—any condition or restriction specified for the chemical in the relevant item in Schedule 1 is satisfied.
Note 1: The permission to