Document ID: chunk:federal_register_of_legislation:C2004A01345:clause:1_22h:p1
Version: federal_register_of_legislation:C2004A01345
Segment Type: clause
Provision Reference: sch 1 cl 22H (pt 1/2)
Character Range: 37411–40083

22H  Permit may be subject to conditions

 (1) A controlled use permit is granted subject to a condition that the chemical in respect of which the permit is issued is only imported or manufactured for the use stated in the permit.

Note: A person who holds a controlled use permit must also comply with the obligations in Division 3B of this Part.

 (2) A controlled use permit is granted subject to a condition that, if the holder of the permit becomes aware of any of the circumstances referred to in subsection (3) happening since the permit was last issued, the holder will, within 28 days, give written notice to the Director of the circumstances.

 (3) These are the circumstances:
 (a) the function or use of the chemical has changed, or is likely to change, significantly; or
 (b) in the case of a chemical not manufactured, or proposed to be manufactured, in Australia when the permit was last issued—it has begun to be manufactured in Australia; or
 (c) the method of manufacture of the chemical in Australia has changed, or is likely to change, in a way that may result in an increased risk of an adverse effect on occupational health and safety, public health or the environment; or
 (d) additional information has become available to the holder as to an adverse effect of the chemical on occupational health and safety, public health or the environment; or
 (e) a prescribed circumstance has happened.

 (4) For the purposes of subsection (2), the holder of a permit is taken to have become aware of circumstances if the holder ought reasonably to have become aware of the circumstances, having regard to:
 (a) the holder's abilities, experience, qualifications and other attributes; and
 (b) the nature of the circumstances.

 (5) A controlled use permit may be expressed to be granted subject to such other conditions as the Director considers necessary or desirable to ensure that use of the chemical will not constitute an unreasonable risk to occupational health and safety, public health or the environment.

 (6) If the Director considers it necessary or desirable to ensure that use of a chemical will not constitute an unreasonable risk to occupational health and safety, public health or the environment, the Director may, by written notice given to the holder of a controlled use permit issued in respect of the chemical:
 (a) impose one or more further conditions to which the permit is to be subject; or
 (b) revoke or vary a condition:
 (i) imposed under paragraph (a); or
 (ii) stated in the permit.

 (7) The notice under subsection (6) must specify a day on which the permit:
 (a) becomes subject to the condition imposed, or the condition as