Document ID: chunk:federal_register_of_legislation:F2024C01037:front:0:p21
Version: federal_register_of_legislation:F2024C01037
Segment Type: other
Provision Reference: 
Character Range: 54052–56832

to export an export‑prohibited chemical if:
 (a) either:
 (i) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or
 (ii) the chemical is research mercury; and
 (b) the export is to a party to that Convention; and
 (c) any of the following applies:
 (i) the officer is not satisfied that the export complies with the Rotterdam Convention;
 (ii) the party has notified to the Secretariat an import decision not to consent to the import;
 (iii) the party has notified to the Secretariat an import decision to consent to the import only subject to specified conditions and the authorised officer is not satisfied that those conditions have been met or will be met.
Note: A list of the parties to the Rotterdam Convention is available at http://www.pic.int.
 (3) An authorised officer must refuse to grant an application for permission to export an export‑prohibited chemical if:
 (a) neither subregulation (1) nor (2) applies; and
 (b) the chemical is being exported for a use or purpose in the importing country that is not permitted under the relevant Convention.

Division 3.7—Multiple entry import and multiple exit export permits

3.305  Definitions
  In this Division:
export‑prohibited chemical means a controlled chemical (other than mercury), and includes research mercury.
import‑prohibited chemical means a controlled chemical (other than mercury) to which Subdivision 3.2.2 applies.

3.310  Purpose
 (1) The purpose of this Division is to allow persons who from time to time import import‑prohibited chemicals, or export export‑prohibited chemicals, to apply for a permission to import (multiple entry import permit) or export (multiple exit export permit) those chemicals over a period of time, instead of having to apply for a permission for each import or export.
 (2) A multiple entry import permit is a permission for the purposes of regulation 3.55.
 (3) A multiple exit export permit is a permission for the purposes of regulation 3.210.

3.315  Fit and proper person
 (1) For the purposes of regulation 3.340, an authorised officer must have regard to the following matters in determining whether a person is a fit and proper person:
 (a) any conviction of the applicant for an offence against the Act or these Regulations;
 (b) if the applicant is an individual:
 (i) any conviction of the applicant for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by imprisonment for a period of one year or longer; and
 (ii) whether the applicant is bankrupt;
 (c) if the applicant is a corporation:
 (i) any conviction of the applicant for an offence under a law of the Commonwealth, of a State or of a Territory that is punishable by a fine of 50 penalty