Document ID: chunk:federal_register_of_legislation:C2024C00495:section:84
Version: federal_register_of_legislation:C2024C00495
Segment Type: section
Provision Reference: s 84
Character Range: 110159–112201

84  Listing on Inventory in other circumstances

Previously regulated chemical
 (1) The Executive Director may list an industrial chemical on the Inventory if:
 (a) the industrial chemical was previously regulated under another law of the Commonwealth; and
 (b) the Executive Director has:
 (i) completed an evaluation under Part 4 relating to the introduction of the industrial chemical; and
 (ii) concluded, as part of that evaluation, that the risks to human health and the environment from the introduction and use of the industrial chemical can be managed; and
 (c) there is no assessment certificate in force for the industrial chemical; and
 (d) the industrial chemical is currently in use in Australia.

Misidentified chemicals
 (2) The Executive Director may list an industrial chemical on the Inventory if:
 (a) all of the following apply:
 (i) the Executive Director has completed an evaluation under Part 4 relating to the introduction of the industrial chemical;
 (ii) public consultation was conducted as part of that evaluation;
 (iii) the Executive Director concluded, as part of that evaluation, that the industrial chemical should have been listed on the Inventory instead of a listed industrial chemical that was misidentified; and
 (b) there is no assessment certificate in force for the industrial chemical.
Note: The Executive Director may also remove the misidentified industrial chemical: see section 95.

Notice of listing
 (3) Before listing an industrial chemical under subsection (1) or (2), the Executive Director must:
 (a) publish on the AICIS website a notice containing the following:
 (i) the proposed terms of the listing;
 (ii) the reasons why the industrial chemical is proposed to be listed;
 (iii) the day the industrial chemical is proposed to be listed; and
 (b) do so at least 20 working days before the day mentioned in subparagraph (a)(iii).

Division 4—Varying the Inventory

Subdivision A—Variation on Executive Director's initiative and variation relating to subsequent assessment certificates