Document ID: chunk:federal_register_of_legislation:F2024C01037:front:0:p20
Version: federal_register_of_legislation:F2024C01037
Segment Type: other
Provision Reference: 
Character Range: 51436–54308

country and specifying how much of the chemical was exported to each importing country.

3.240  Deciding application for permission to export when import decision available
 (1) This regulation applies to the export of an export‑prohibited chemical if:
 (a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or
 (b) the chemical is research mercury.
 (2) In making a decision whether to grant an application for permission to export the chemical to a party to the Convention, an authorised officer must take into consideration:
 (a) any import decision notified to the Secretariat by the party; and
 (b) if the chemical is described in the relevant item in Schedule 1 as a severely hazardous pesticide formulation, any applicable condition or restriction specified in that item; and
 (c) whether the applicant has provided any additional information required under regulation 3.220.
Note: Under Article 10 of the Convention, the Secretariat must, every 6 months, inform all parties of the import responses it has received. It does so by way of a six‑monthly information circular.

3.245  Deciding application for permission to export when import decision not known
 (1) This regulation applies to the export of an export‑prohibited chemical if:
 (a) either:
 (i) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or
 (ii) the chemical is research mercury; and
 (b) the export is to a party to that Convention; and
 (c) the party's import decision is not known.
 (2) An authorised officer must not grant an application for permission to export the chemical, unless he or she is satisfied that the export will not be in breach of Australia's obligations under Article 11 of the Rotterdam Convention.
Note: The import decision of a party may not be known because:
(a) the party failed to transmit to the Secretariat its decision; or
(b) the party transmitted an import response stating that a final import decision is under consideration or requesting more information or assistance in making its decision (see paragraph 4 (b) of Article 10 of the Rotterdam Convention).

3.250  When permission must be refused
 (1) An authorised officer must refuse to grant an application mentioned in any of subregulations 3.230(1) to (3) for permission to export an export‑prohibited chemical if the officer is not satisfied as to the matters mentioned in the relevant subregulation in relation to the application.
 (2) An authorised officer must refuse an application for permission to export an export‑prohibited chemical if:
 (a) either:
 (i) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or
 (ii) the chemical is research mercury; and
 (b) the export is to a