Document ID: chunk:federal_register_of_legislation:F2022L01436:reg:16
Version: federal_register_of_legislation:F2022L01436
Segment Type: reg
Provision Reference: reg 16
Character Range: 26276–28481

16  Specification of certain matters in relation to a relevant industrial chemical to be listed in Schedule 5, 4, 3 or 2 of the Register etc.
 (1) This section applies in relation to the making or varying of a scheduling decision for a relevant industrial chemical if:
 (a) the chemical is to be listed in Schedule 5, 4, 3 or 2 of the Register; or
 (b) the chemical is already listed in Schedule 5, 4, 3 or 2 of the Register.
 (2) The Minister must ensure that the following matters are specified in relation to the relevant industrial chemical as so listed:
 (a) one or more end uses for the chemical;
 (b) such risk management measures for the chemical, or for each specified end use for the chemical, as the Minister considers appropriate to manage the risks posed to the environment by the chemical.
 (3) Despite subsection (2), a matter mentioned in that subsection must not be specified in relation to the relevant industrial chemical if the matter would be inconsistent with Australia's international obligations in respect of the chemical.
 (4) The Minister must ensure that the following matters are not specified in relation to the relevant industrial chemical as so listed in Schedule 4, 3 or 2:
 (a) that the exportation, importation or manufacture of the chemical is prohibited, or restricted, in all circumstances or in specified circumstances;
 (b) that all or any end uses for the chemical are prohibited, or restricted, in all circumstances or in specified circumstances;
 (c) that the exportation, importation, manufacture or use of a product or article containing the chemical is prohibited, or restricted, in all circumstances or in specified circumstances.
 (5) Despite subsection (4), a matter mentioned in that subsection may be specified in relation to the relevant industrial chemical as so listed in Schedule 4, 3 or 2 if the Minister is satisfied that:
 (a) it would be consistent with Australia's international obligations in respect of the chemical for such a matter to be specified in relation to the chemical; or
 (b) there are exceptional circumstances that apply in relation to the chemical which make it appropriate to specify such a matter in relation to the chemical.