Industrial Chemicals Act 2019

The Executive Director may, by written notice, require a person mentioned in subsection (2) to provide information specified in the notice if any of the following circumstances apply:

the Executive Director has been unable to obtain the information by other means;

the information is necessary to confirm whether or not a particular industrial chemical or class of industrial chemicals is being introduced, or is in use, in Australia;

the information is necessary in order to establish whether there are any risks to human health or the environment associated with an industrial chemical;

the information is necessary in order for Australia to meet its obligations under international agreements or arrangements;

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

For the purposes of subsection (1), the persons are:

if the evaluation relates to a particular industrial chemical:

all persons who introduce the industrial chemical during the period beginning 12 months before the day the notice is given and ending 12 months after that day; or

all persons who introduce the industrial chemical during the period mentioned in subparagraph (i) in circumstances specified in the notice; or

specified persons who introduce the industrial chemical during the period mentioned in subparagraph (i); or

in any case—a person whom the Executive Director is satisfied has information relevant to the evaluation.

The Executive Director must give the notice to each person who the Executive Director is satisfied is a person mentioned in subsection (2).

The notice must specify the period within which the information must be provided, which must not be less than 20 working days after the day the notice is given.

Before giving a notice, the Executive Director must publish on the AICIS website a statement describing the information that the Executive Director proposes to require under this section.