Industrial Chemicals Act 2019

This section relates to Australia’s obligations under paragraph 1 of Article 5 of the Rotterdam Convention.

The Executive Director must notify Australia’s designated national authority in writing if the Executive Director is satisfied that:

both of the following apply:

the Executive Director has taken an action that has the effect of banning the introduction or use, or severely restricting the introduction or use, of an industrial chemical;

the Executive Director has taken the action on the grounds that the Executive Director is not satisfied that risks to human health or the environment associated with the introduction or use of the industrial chemical can be managed; or

a provision of this Act or the rules has the effect of banning the introduction or use, or severely restricting the introduction or use, of an industrial chemical on the grounds that the risks to human health or the environment associated with the introduction or use of the industrial chemical cannot be managed; or

both of the following apply:

a State or a Territory has one or more laws that have the effect of banning the introduction or use, or severely restricting the introduction or use, of an industrial chemical in the State or Territory;

the law or laws have the effect of banning the introduction or use, or severely restricting the introduction or use, of the industrial chemical in Australia on the grounds that the risks to human health or the environment associated with the introduction or use of the industrial chemical cannot be managed.

The notice must:

specify the industrial chemical; and

contain the information set out in Annex I to the Rotterdam Convention (to the extent that the information is available); and

be given as soon as practicable after the Executive Director is satisfied in accordance with subsection (2).

If a notice is given under subsection (2), Australia’s designated national authority must:

give the Secretariat written notice of the information set out in the Executive Director’s notification; and

do so as soon as practicable, but no later than 90 days after:

if paragraph (2)(a) applies—the day the action taken by the Executive Director takes effect; or

if paragraph (2)(b) applies—the first day the relevant provision or rule takes effect; or

if paragraph (2)(c) applies—the first day the law or laws take effect.

The Executive Director must, as soon as practicable after giving the notice, publish on the AICIS website a notice specifying the industrial chemical.

The Executive Director may also publish on the AICIS website a notice setting out all or any of the information referred to in paragraph (3)(b).