Document ID: chunk:federal_register_of_legislation:C2004A01345:clause:1_43
Version: federal_register_of_legislation:C2004A01345
Segment Type: clause
Provision Reference: sch 1 cl 43
Character Range: 19371–20791

43  At the end of section 21
Add:

 (5) For the purposes of subparagraph (4)(b)(i) or (ii), different requirements may be prescribed in respect of different volumes of a particular chemical.

 (6) Subsection (1) does not prohibit the introduction of the following:
 (a) a new industrial chemical introduced by a person:
 (i) solely for the purpose of research, development or analysis; and
 (ii) in a quantity of not more than 100 kilograms in any 12 month period;
 (b) a new industrial chemical:
 (i) that is introduced by a person at a port or airport in Australia; and
 (ii) that remains subject to the control of Customs (within the meaning of the Customs Act 1901) at the port or airport at all times before leaving Australia; and
 (iii) that leaves Australia less than 30 days after the day of introduction;
 (c) a new industrial chemical:
 (i) that is a non‑hazardous chemical; and
 (ii) that is introduced in a cosmetic; and
 (iii) whose concentration in the cosmetic is 1% or less; and
 (iv) whose introduction meets any requirements, prescribed in regulations for the purposes of this subparagraph, relating to its introduction.

Note 1: A defendant bears an evidential burden in relation to the matters in subsection (6) (see subsection 13.3(3) of the Criminal Code).

Note 2: A person who introduces a new industrial chemical under subsection (6) is required to provide an annual report (see section 21AA).