Industrial Chemicals Act 2019

The Minister may issue an exceptional circumstances authorisation for the introduction of an industrial chemical.

Before deciding to issue the authorisation, the Minister must:

consult with the Executive Director; and

be satisfied that the introduction of the industrial chemical is in the public interest to address:

significant risks to human health or the environment; or

if a national emergency declaration (within the meaning of the National Emergency Declaration Act 2020) is in force—an emergency to which the declaration relates.

The authorisation must be in writing and include the following (the terms of the authorisation):

the proper name for the industrial chemical;

the period for which the authorisation is in force;

the scope of the authorisation;

any condition relating to the introduction or use of the industrial chemical that the Minister is satisfied is necessary to manage any risks to human health or the environment from the introduction or use of the industrial chemical;

any specific requirements to provide information to the Executive Director in relation to the authorisation;

any other information prescribed by the rules for the purposes of this paragraph.

The Minister must determine each holder of the authorisation and give each such person written notice of the authorisation and the authorisation.

The Executive Director must publish the following on the AICIS website in relation to an exceptional circumstances authorisation for an industrial chemical:

the commonly known name for the industrial chemical;

that an exceptional circumstances authorisation is in force for the industrial chemical;

the reasons why an exceptional circumstances authorisation is necessary;

the period for which the authorisation is in force.