Document ID: chunk:federal_register_of_legislation:F2022L01436:reg:10
Version: federal_register_of_legislation:F2022L01436
Segment Type: reg
Provision Reference: reg 10
Character Range: 15148–17673

10  When a relevant industrial chemical has Schedule 4 risk characteristics
 (1) A relevant industrial chemical has Schedule 4 risk characteristics if the Minister is satisfied that:
 (a) the chemical does not have Schedule 7 risk characteristics or Schedule 6 risk characteristics; and
 (b) the chemical, if used in Australia in accordance with a particular assessed use for the chemical, does not have Schedule 5 risk characteristics; and
 (c) the chemical, if used in Australia in accordance with the particular assessed use for the chemical, may cause harm to the environment; and
 (d) the chemical satisfies subsection (2), (3), (4) or (5).
 (2) A relevant industrial chemical satisfies this subsection if:
 (a) the chemical is bioaccumulative; or
 (b) the chemical is a per‑ and polyfluoroalkyl substance; or
 (c) the chemical is an endocrine disruptor.
 (3) A relevant industrial chemical satisfies this subsection if:
 (a) the chemical:
 (i) is harmful, toxic or very toxic to aquatic life; or
 (ii) is likely to have an adverse effect on non‑aquatic organisms; and
 (b) either of the following apply:
 (i) the measured or predicted environmental concentration of the chemical exceeds, or would exceed, the amount equal to 10% of the acceptable level of the chemical for the environment if the chemical is used in Australia in accordance with the particular assessed use for the chemical;
 (ii) the chemical is likely to be toxic to aquatic life with long lasting effects and, if the chemical is used in Australia in accordance with the particular assessed use for the chemical, the chemical would be released into the environment.
 (4) A relevant industrial chemical satisfies this subsection if:
 (a) the chemical contains an inorganic component; and
 (b) the inorganic component is in a form that is, or could become, bioavailable if the chemical is used in Australia in accordance with the particular assessed use for the chemical; and
 (c) the chemical is likely to be harmful to aquatic life with acute effects or harmful to aquatic life with long lasting effects.
 (5) A relevant industrial chemical satisfies this subsection if the Minister:
 (a) believes, on reasonable grounds, that the chemical, if used in Australia in accordance with the particular assessed use for the chemical, will have a comparable effect on the environment as other chemicals listed, or likely to be listed, in Schedule 4 of the Register; and
 (b) is satisfied it is appropriate to list the chemical in Schedule 4 of the Register.