Document ID: chunk:federal_register_of_legislation:F2024C01037:front:0:p14
Version: federal_register_of_legislation:F2024C01037
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the instructions for its use that the APVMA has approved; and
 (c) the use is in accordance with a use‑specific exemption that is in effect for Australia under Article 4 of the Stockholm Convention; and
 (d) the use is permitted under the law of the State or Territory in which the chemical is to be used.

Division 3.5—Dealing with chemicals

Subdivision 3.5.1—Absolute prohibition

3.175  Prohibited dealing
 (1) Any dealing (other than importation, manufacture, use or exportation) in Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that dealing in the chemical is prohibited in all cases.
 (2) For the purposes of subsection 69C(1) of the Act, the condition that a person must not deal in a chemical in contravention of subregulation (1) is prescribed.

Subdivision 3.5.2—Prohibition subject to conditions

3.180  Chemicals to which this Subdivision applies
 (1) This Subdivision applies to a controlled chemical if the relevant item in Schedule 1 states that Subdivision 3.5.2 applies to it.
 (2) In this Subdivision, a controlled chemical to which this Subdivision applies is called a dealing‑prohibited chemical.

3.185  Prohibition
 (1) Any dealing (other than importation, manufacture, use or exportation) of a dealing‑prohibited chemical in Australia is prohibited unless an authorised officer or the Minister has given permission in writing to deal with the chemical in the relevant way.
 (2) For the purposes of subsection 69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical:
 (a) a person must not deal with the chemical:
 (i) without the written permission of an authorised officer or the Minister; or
 (ii) contrary to a condition or restriction specified in the permission;
 (b) a person who deals with the chemical must not fail to produce the permission if asked to do so by:
 (i) an authorised officer; or
 (ii) an officer of another Agency, or an officer or employee of a State or Territory government, authorised in writing by the Secretary for the purposes of this paragraph;
 (c) any condition or restriction specified in the relevant item in Schedule 1.
Note: A person who deals with such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300 penalty units (see subsection 69C(5) of the Act).
 (3) This regulation applies despite any approval to deal with the chemical under any other legislation.

3.190  Applications for permission to deal with dealing‑prohibited chemicals
 (1) A person may apply to 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