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s 87

Variations relating to subsequent assessment certificates

In force
Part 5Australian Inventory of Industrial Chemicals
Division 4Varying the Inventory
Subdivision AVariation on Executive Director’s initiative and variation relating to subsequent assessment certificates

87 Variations relating to subsequent assessment certificates

(1)

This section applies if:

(a)

an industrial chemical was listed on the Inventory under section 82 or 83 in relation to an assessment certificate; and

(b)

another assessment certificate is in force for the industrial chemical; and

(c)

either:

(i)

5 years have passed since the other assessment certificate was issued; or

(ii)

a holder of the other assessment certificate has applied under this subparagraph to the Executive Director for a variation to the listing.

Note:

For general requirements relating to applications: see section 167.

(2)

The Executive Director may vary a term of the Inventory listing for the industrial chemical to incorporate the terms of the other assessment certificate.

(3)

Before varying a term of the Inventory listing for the industrial chemical, the Executive Director must give written notice of the proposed variation to:

(a)

each holder of the other assessment certificate; and

(b)

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

(4)

A notice under subsection (3) must contain the following:

(a)

the terms of the listing as varied;

(b)

the reason why the listing is to be varied;

(c)

the day the listing is proposed to be varied.

(5)

If the Executive Director varies a term of the Inventory listing for an industrial chemical under subsection (2), the Executive Director must:

(a)

publish on the AICIS website a notice containing the following:

(i)

the terms of the listing as varied;

(ii)

the reason why the listing was varied; and

(iii)

the day the listing was varied; and

(b)

do so within 20 working days after the day the listing is varied.

(6)

To avoid doubt, a single notice under this section may cover more than one term of an Inventory listing.

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Section 87 — Variations relating to subsequent assessment certificates — Industrial Chemicals Act 2019 (Commonwealth) — Barrister AI