Document ID: chunk:federal_register_of_legislation:C2024C00495:section:101
Version: federal_register_of_legislation:C2024C00495
Segment Type: section
Provision Reference: s 101
Character Range: 131462–133520

101  Specific obligations to provide information

Assessment certificates
 (1) A person contravenes this subsection if:
 (a) the person is the holder of, or is covered by, an assessment certificate for the introduction of an industrial chemical; and
 (b) the assessment certificate includes a specific requirement to provide information to the Executive Director as mentioned in paragraph 38(1)(d); and
 (c) the information is not given to the Executive Director in accordance with the terms of the assessment certificate.

Commercial evaluation or exceptional circumstances authorisations
 (2) A person contravenes this subsection if:
 (a) the person is the holder of a commercial evaluation authorisation or an exceptional circumstances authorisation for the introduction of an industrial chemical; and
 (b) the authorisation includes a specific requirement to provide information to the Executive Director as mentioned in paragraph 59(1)(f) or 67(3)(e) (as the case requires); and
 (c) the information is not given to the Executive Director in accordance with the terms of the authorisation.

Inventory listings
 (3) A person contravenes this subsection if:
 (a) the person introduces an industrial chemical that is listed on the Inventory; and
 (b) the terms of the Inventory listing for that industrial chemical include a specific requirement to provide information to the Executive Director as mentioned in paragraph 81(1)(e); and
 (c) the information is not given to the Executive Director in accordance with the terms of the Inventory listing.

Fault‑based offence
 (4) A person commits an offence if the person contravenes subsection (1), (2) or (3).
Penalty: 300 penalty units.

Strict liability offence
 (5) A person commits an offence of strict liability if the person contravenes subsection (1), (2) or (3).
Penalty: 60 penalty units.

Civil penalty provision
 (6) A person is liable to a civil penalty if the person contravenes subsection (1), (2) or (3).
Civil penalty: 300 penalty units.

Division 3—Record keeping and information gathering