Industrial Chemicals Act 2019

The Executive Director may list an industrial chemical on the Inventory if:

the industrial chemical was previously regulated under another law of the Commonwealth; and

the Executive Director has:

completed an evaluation under Part 4 relating to the introduction of the industrial chemical; and

concluded, as part of that evaluation, that the risks to human health and the environment from the introduction and use of the industrial chemical can be managed; and

there is no assessment certificate in force for the industrial chemical; and

the industrial chemical is currently in use in Australia.

The Executive Director may list an industrial chemical on the Inventory if:

all of the following apply:

the Executive Director has completed an evaluation under Part 4 relating to the introduction of the industrial chemical;

public consultation was conducted as part of that evaluation;

the Executive Director concluded, as part of that evaluation, that the industrial chemical should have been listed on the Inventory instead of a listed industrial chemical that was misidentified; and

there is no assessment certificate in force for the industrial chemical.

The Executive Director may also remove the misidentified industrial chemical: see section 95.

Before listing an industrial chemical under subsection (1) or (2), the Executive Director must:

publish on the AICIS website a notice containing the following:

the proposed terms of the listing;

the reasons why the industrial chemical is proposed to be listed;

the day the industrial chemical is proposed to be listed; and

do so at least 20 working days before the day mentioned in subparagraph (a)(iii).