Document ID: chunk:federal_register_of_legislation:C2017A00067:clause:2_33
Version: federal_register_of_legislation:C2017A00067
Segment Type: clause
Provision Reference: sch 2 cl 33
Character Range: 64254–65656

33  After subsection 16(6)
Insert:
 (6A) The Minister must not grant an equipment licence that allows a Schedule 4 activity or section 69G activity in relation to equipment unless:
 (a) either or both of the following subparagraphs apply:
 (i) subsection (6B) applies in relation to the equipment;
 (ii) the Schedule 4 activity or section 69G activity is prescribed by the regulations for the purposes of this subparagraph; and
 (b) the requirements (if any) prescribed by the regulations for the purposes of this paragraph in relation to the activity and the licence are satisfied.
 (6B) For the purposes of subparagraph (6A)(a)(i), this subsection applies if the Minister is satisfied that:
 (a) both:
 (i) the equipment is essential for medical, veterinary, defence, industrial safety, or public safety, purposes; and
 (ii) no practical alternative exists to the use of scheduled substances in the operation or manufacture, as the case requires, of the equipment if it is to continue to be effective for such a purpose; or
 (b) because of the requirements of a law concerning the manufacture or use of the equipment, there is no practical alternative to the use of scheduled substances in the operation or manufacture, as the case requires, of the equipment; or
 (c) the equipment is for use in conjunction with the calibration of scientific, measuring or safety equipment.

Refusal of application