Document ID: chunk:federal_register_of_legislation:F2024C01037:front:0:p11
Version: federal_register_of_legislation:F2024C01037
Segment Type: other
Provision Reference: 
Character Range: 27664–30612

quantity to be imported;
 (d) the name of the exporting country;
 (e) the intended use in Australia.
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).

3.65  When permission may be granted

Permission to import an import‑prohibited chemical other than mercury
 (1) An authorised officer may grant an application for permission to import an import‑prohibited chemical specified in an item in Schedule 1 if the officer is satisfied that:
 (a) in the case of a chemical whose importation is stated in an item in Schedule 1 to be prohibited except with written permission under paragraph 3.65(1)(a)—the chemical is being imported for the purpose of environmentally sound disposal in accordance with paragraph (1)(d) of Article 6 of the Stockholm Convention; or
 (b) in any other case—the chemical is being imported for a use or purpose that is permitted under the relevant Convention.
Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20.

Permission to import an import‑prohibited chemical that is mercury
 (1A) An authorised officer may grant an application for permission to import an import‑prohibited chemical that is mercury from a non‑party (the exporting party) to the Minamata Convention only if the officer is satisfied that:
 (a) either:
 (i) Australia has provided the exporting party with written consent to the import; or
 (ii) a general notification of consent is in force for Australia in accordance with paragraph 7 of Article 3 of the Minamata Convention; and
 (b) the exporting party has provided written certification that the mercury is neither sourced from primary mercury mining nor excess mercury from the decommissioning of chlor‑alkali facilities.

Refusal to grant application
 (2) If the officer is not satisfied as to the matters mentioned in subregulation (1) or (1A), the officer must refuse to grant the application.
 (3) To avoid doubt, an authorised officer may refuse to grant an application despite the fact that the applicant has the APVMA's written consent, referred to in subsection 69B(1B) of the Act, to import the import‑prohibited chemical.

Division 3.3—Manufacture

Subdivision 3.3.1—Absolute prohibition

3.100  Prohibited manufacture

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

Manufacture of controlled chemicals that are mercury‑added products
 (1A) The manufacture in 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