Call for Information on PentaBDE

Section 58 Notice

We are currently assessing the human health and environmental risks of pentabromodiphenyl ether (pentaBDE) as a Priority Existing Chemical under sections 57 and 60A of the Industrial Chemicals (Notification and Assessment) Act 1989 (the ICNA Act).

Under section 58 of the ICNA Act, the Director of NICNAS is seeking to obtain the most up to date information on pentaBDE for the purpose of assessing the chemical.  PentaBDE (CAS number: 1163-19-5) was declared a priority existing chemical (PEC) in January 2006, and this declaration remains in force.  This call for information should, therefore, be read in conjunction with the declaration notice for this chemical that was published in the January 2006 Chemical Gazette (Chemical Gazette January 2006 (page 14)).

On 6 March 2007, the then Minister of Health and Ageing prohibited the manufacture and import of pentaBDE (and mixtures containing the chemical) while the chemical remains a PEC.  The notice for immediate prohibition can be found in the March 2007 Chemical Gazette (Chemical Gazette March 2007 (page 5)).

Who does this notice apply to?

The notice is directed to all importers and manufacturers of pentaBDE, or articles or mixtures containing pentaBDE.

Information required

We are issuing the call for information to ascertain whether there are any recent importers or manufacturers of pentaBDE, or articles (products) or mixtures containing pentaBDE.  Should you be importing or manufacturing pentaBDE, or articles or mixtures containing pentaBDE, you must provide the information specified below:

  • the quantities of pentaBDE which have been or will be imported (as ‘pure’ pentaBDE or in articles or mixtures) or manufactured by the company between 1 July 2017 and 30 June 2019
  • the quantities of pentaBDE which have been or will be included into articles or mixtures by the company between 1 July 2017 and 30 June 2019, and the concentration of pentaBDE in these articles and mixtures
  • the uses of pentaBDE in articles or mixtures containing pentaBDE known to the company
  • contact details of the persons to whom the company has supplied or intends to supply pentaBDE, or articles or mixtures containing pentaBDE.  This is an important piece of information that allows us to contact downstream users for information necessary for the assessment.

Any other persons who have relevant information (eg users of pentaBDE, or articles or mixtures containing pentaBDE) are also encouraged to provide the information.

Exempt information applications

To apply under section 60 of the ICNA Act for some or all of this information to be exempt from publication:

Download Application for Exempt Information (Form 3) [Word 67KB]

Note that ‘basic information’, as defined in section 75(2) of the ICNA Act, cannot be exempted from publication.

Application fee

A fee of $1,100 for the consideration of an application for exempt information must be paid when you submit your application.

Due date

If you are a manufacturer or importer of pentaBDE, you must provide the information by close of business 7 June 2019.

Provide information to us by:

Email:  IMAP@nicnas.gov.au
Mail: GPO Box 58, Sydney 2001

Non-compliance

A person to whom this notice applies must not refuse or fail to comply with the notice.  Refusing or failing to comply with the notice without a reasonable excuse is an offence under the ICNA Act.

Information we collect

Information we collect may be provided to State, Territory or Commonwealth regulatory agencies for the purposes of monitoring compliance under relevant legislation.  For ‘Exempt Information’ applications that have been granted, information will not be disclosed by NICNAS except in the circumstances set out in sections 76 and 79 of the ICNA Act. All information provided to NICNAS will be used only for the purposes for which it was provided under the ICNA Act.

Further information

If you would like further information, please send your queries to IMAP@nicnas.gov.au

Last update 7 May 2019