Document ID: chunk:federal_register_of_legislation:C2005C00491:clause:1_56zu
Version: federal_register_of_legislation:C2005C00491
Segment Type: clause
Provision Reference: sch 1 cl 56ZU
Character Range: 101269–103394

56ZU  Regulations may contain schedule of reserved chemical products

 (1) Subject to subsection (2), the regulations may contain a schedule specifying chemical products, or classes of chemical products, that are reserved chemical products for the purposes of this Code.

 (2) The schedule cannot specify a chemical product that is, or a class of chemical products that includes, a restricted chemical product.

 (3) Regulations containing a schedule mentioned in subsection (1) must state the conditions to which the possession, having custody of, use of, or other dealing with, each chemical product, or each chemical product included in a class of chemical products, specified in the schedule is subject.

 (4) Before the Governor‑General makes a regulation for the purposes of this section:
 (a) the reservation of the product, or class of products, must have been recommended to the Minister by the NRA; and
 (b) the NRA must have given to the Minister:
 (i) written particulars of the product or class of products; and
 (ii) a draft of the conditions to which the NRA proposes the product, or products in the class, should be subject; and
 (c) the NRA must have given to the Minister a written explanation as to why the NRA is satisfied that use of the product, or use of the products in the class, in accordance with the proposed conditions:
 (i) would not be an undue hazard to the safety of people exposed to it during its handling or people using anything containing its residues; and
 (ii) would not be likely to have an effect that is harmful to human beings; and
 (iii) would not be likely to have an unintended effect that is harmful to animals, plants or things or to the environment; and
 (iv) would not unduly prejudice trade or commerce between Australia and places outside Australia; and
 (v) would be effective according to criteria determined by the NRA for the product; and
 (d) the NRA must have given to the Minister a written statement identifying the consultations held by, and setting out the advice given to, the NRA in relation to the proposed reservation of the products or class of products.