Document ID: chunk:federal_register_of_legislation:F2024C01037:front:0:p19
Version: federal_register_of_legislation:F2024C01037
Segment Type: other
Provision Reference: 
Character Range: 48852–51706

used only for a use allowed under the Minamata Convention to a Party to the Minamata Convention or for environmentally sound interim storage as set out in Article 10 of the Minamata Convention.

Export of export‑prohibited chemical that is research mercury
 (2C) An authorised officer may grant an application for permission to export an export‑prohibited chemical that is research mercury if:
 (a) the export is to a Party to the Rotterdam Convention; and
 (b) the authorised officer is satisfied that the export complies with the requirements of that Convention.

Export of other export‑prohibited chemicals
 (3) An authorised officer may grant an application for permission to export an export‑prohibited chemical if:
 (a) none of subregulations (1) to (2C) apply; and
 (b) the chemical is being exported for a use or purpose in the importing country 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.

Refusal to grant application
 (4) To avoid doubt, an authorised officer may refuse to grant an application despite the fact that the APVMA has given a certificate setting out its findings (if any) in relation to the export of the chemical product under section 69D of the Act.

3.235  Required conditions
 (1) This regulation applies to the export of 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.
 (2) It is a condition of a permission for the export that the exporter will:
 (a) include the Harmonized System customs code for the chemical (if assigned) on shipping documentation; and
 (b) ensure that the labelling of the chemical complies with relevant international standards (including standards requiring information regarding risks and hazards to human health and the environment); and
 (c) if the chemical is to be used for occupational purposes, give to the importer a safety data sheet that:
 (i) is in accordance with an internationally recognised format; and
 (ii) sets out up‑to‑date information; and
 (iii) if practicable, is in one of the official languages of the country to which the chemical is to be exported; and
 (d) give to the Department, on or before 28 February following each calendar year, a statement of the total quantity of the chemical exported in the calendar year, naming each importing country and specifying how much of the chemical was exported to each importing country.

3.240  Deciding application for permission to export when import decision available
 (1) This regulation applies to the export of an export‑prohibited chemical if:
 (a) the relevant