Document ID: chunk:federal_register_of_legislation:F2024C01037:front:0:p10
Version: federal_register_of_legislation:F2024C01037
Segment Type: other
Provision Reference: 
Character Range: 25039–27911

written permission.

Controlled chemical that is mercury
 (1A) Subject to subregulation (1B), this Subdivision also applies to a controlled chemical that is mercury.
 (1B) This Subdivision does not apply to mercury that is imported from a Party to the Minamata Convention.

Import‑prohibited chemicals
 (2) In this Subdivision, a controlled chemical to which this Subdivision applies is called an import‑prohibited chemical.

3.55  Prohibition
 (1) The importation into Australia of an import‑prohibited chemical is prohibited unless:
 (a) an authorised officer or the Minister has given permission in writing to import the chemical; and
 (b) the permission is produced to a Collector; and
 (c) for a chemical listed in Schedule 1—any condition or restriction specified for the chemical in the relevant item in Schedule 1 is satisfied.
Note 1: The permission to import required under this regulation must be produced to a Collector for the purposes of complying with regulation 5I of the Customs (Prohibited Imports) Regulations 1956 in relation to the importation of chemicals under those Regulations that are active constituents or chemical products.
Note 2: A multiple entry import permit is a permission for purposes of this regulation (see subregulation 3.310(2)).
 (2) For the purposes of subsection 69C(1) of the Act, the following conditions or restrictions are prescribed for each such chemical:
 (a) a person must not import the chemical:
 (i) without the written permission of an authorised officer or the Minister; or
 (ii) contrary to a condition or restriction specified in the permission;
 (b) a person who imports the chemical must not fail to produce the permission if asked to do so by a Collector;
 (c) for a chemical other than mercury—any condition or restriction specified for the chemical in the relevant item in Schedule 1.
Note: A person who imports such a chemical in contravention of a prescribed condition or restriction may be punished by a fine of up to 300 penalty units (see subsection 69C(5) of the Act).
 (3) This regulation applies despite:
 (a) the APVMA's written consent to import referred to in subsection 69B(1B) of the Act; and
 (b) any approval to import under any other legislation.

3.60  Applications for permission to import import‑prohibited chemicals
 (1) A person may apply to the Department for permission to import an import‑prohibited chemical.
 (2) An application must be in the approved form and must include the following information:
 (a) generic information about the applicant;
 (b) the technical name, common name and CAS number (if known) of the chemical;
 (c) the 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