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COMMONWEALTHAct
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s 54

Executive Director must consider application

In force
Part 3Categorisation and assessment of industrial chemicals
Division 4Commercial evaluation authorisations
Subdivision AObtaining an authorisation

54 Executive Director must consider application

(1)

The Executive Director must consider the application in accordance with this Subdivision.

(2)

A decision on the application must be made under subsection 58(1) within the following period (the consideration period) after the day the application is made:

(a)

unless paragraph (b) or (c) applies—20 working days;

(b)

unless paragraph (c) applies—if the rules prescribe a number of working days for that type of application, that number of working days;

(c)

if the Executive Director and each applicant agree to a number of working days—that number of working days.

Note:

For circumstances affecting the calculation of the consideration period: see section 169.

(3)

In considering the application, the Executive Director must have regard to the following:

(a)

whether the volume of the industrial chemical proposed to be introduced has been justified by the applicant for effective commercial evaluation of the industrial chemical;

(b)

whether the time period to be covered by the authorisation has been justified by the applicant for effective commercial evaluation of the industrial chemical;

(c)

whether any conditions relating to the introduction or use of the industrial chemical are necessary to manage any risks, or potential risks, to human health or the environment associated with the proposed introduction and use of the industrial chemical;

(d)

whether the requirements mentioned in paragraphs 53(1)(a) and (b) will be met;

(e)

any further information provided in accordance with section 55 or subsection 167(4);

(f)

any advice given by a prescribed body in accordance with section 56;

(g)

any advice given by the Gene Technology Regulator in accordance with section 57.

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