Document ID: chunk:federal_register_of_legislation:F2024C01037:front:0:p13
Version: federal_register_of_legislation:F2024C01037
Segment Type: other
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Character Range: 33044–35884

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).

3.120  When permission may be granted
 (1) An authorised officer may grant an application for permission to manufacture a manufacture‑prohibited chemical if:
 (a) the manufacture of the chemical is stated in an item in Schedule 1 to be prohibited except with written permission under subregulation 3.120(1); and
 (b) the officer is satisfied that there is in effect for Australia a production‑specific exemption for the chemical under Article 4 of the Stockholm Convention.
 (2) An authorised officer may grant an application for permission to manufacture a manufacture‑prohibited chemical if:
 (a) the manufacture of the chemical is stated in an item in Schedule 1 to be prohibited except with written permission under subregulation 3.120(2); and
 (b) the officer is satisfied that, in accordance with paragraph 9 of Article 10 of the Rotterdam Convention, the chemical to be manufactured is to be exported and not used in Australia.
 (3) An authorised officer may grant an application for permission to manufacture a manufacture‑prohibited chemical if:
 (a) neither subregulation (1) nor (2) applies; and
 (b) the chemical is to be manufactured 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.
 (4) If the officer is not satisfied as to the matters mentioned in subregulation (1), (2) or (3), the officer must refuse to grant the application.

Division 3.4—Use

3.145  Absolute prohibition
 (1) The use in Australia of a controlled chemical is prohibited if the relevant item in Schedule 1 states that its use is prohibited in all cases.
 (2) For the purposes of subsection 69C(1) of the Act, the condition that a person must not use a chemical in contravention of subregulation (1) is prescribed.

3.150  Prohibition subject to conditions
 (1) This regulation applies to a controlled chemical if:
 (a) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Stockholm Convention; and
 (b) that item states that use is prohibited unless paragraphs 3.150(2)(a) to (d) are complied with.
 (2) The use in Australia of a controlled chemical to which this regulation applies is prohibited unless:
 (a) the chemical is an approved active constituent or a registered chemical product; and
 (b) the use is in accordance with the instructions for its use that the APVMA has approved; and
 (c) the use is in accordance with a use‑specific exemption that is in effect for Australia under Article 4 of the Stockholm Convention; and
 (d) the use is permitted