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COMMONWEALTHAct
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s 16

Minister may have regard to certain matters in making etc. scheduling decision

In force
Part 2Register of scheduling decisions for relevant industrial chemicals
Division 2Scheduling decisions for relevant industrial chemicals

16 Minister may have regard to certain matters in making etc. scheduling decision

(1)

In making, varying or revoking a scheduling decision for a relevant industrial chemical, the Minister may have regard to the following:

(a)

if there are 2 or more relevant Commonwealth risk assessments in relation to the chemical—those assessments other than the most recent of them;

(b)

if a Commonwealth entity has undertaken a relevant risk assessment (however described) in relation to the chemical and that assessment is not a Commonwealth risk assessment—that assessment;

(c)

if a State government body has undertaken a relevant risk assessment (however described) in relation to the chemical—that assessment;

(d)

if a foreign government body has undertaken a relevant risk assessment (however described) in relation to the chemical—that assessment;

(e)

if a public international organisation has undertaken a relevant risk assessment (however described) in relation to the chemical—that assessment;

(f)

any environmental, social or economic matter that the Minister considers relevant to the making, varying or revoking (as the case may be) of the decision for the chemical;

(g)

any relevant information given to the Minister by an entrusted IC person for the purposes of this Act;

(h)

any other matters as are specified in the rules;

(i)

any other matters as the Minister considers relevant.

(2)

In determining for the purposes of paragraph (1)(f) whether any environmental, social or economic matter is relevant to the making, varying or revoking (as the case may be) of the scheduling decision for the relevant industrial chemical, it is to be assumed that the Commonwealth and each State has made a law:

(a)

applying or adopting the Register; and

(b)

making provision for, or in relation to, the implementation and enforcement of the Register, as so applied or adopted.

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