Penalties for priority existing chemical offences

Offence under the Industrial Chemicals (Notification and Assessment) Act 1989

Guidance

Penalty units—for monetary value see
s4AA of the Crimes Act 1914 (Cth)

s48(7)

Contravening a notice by the NICNAS Director requesting information about potential Priority Existing Chemicals (PECs).

The NICNAS Director may place a notice in the Chemical Gazette calling for information about an existing chemical being considered for declaration as a PEC. The notice will include:

(a)  specified information about a particular industrial chemical; (b)  the names and quantities of industrial chemicals used by persons for a specified purpose in a specified period; (c)  the names of industrial chemicals that are introduced by persons in specified quantities in a specified period.

The notice must specify a period of at least 28 days for the person or persons to whom it is directed to give information to the Director.

  • 60 for individuals
  • 300 for businesses

s56

A person must not introduce a Priority Existing Chemical (PEC) (without applying for assessment under s55).

It is an offence for a person to introduce a PEC is without submitting an application for the assessment of the chemical prior to introduction.

  • 300 for individuals
  • 1500 for businesses

s58(8)

A notifier must not refuse or fail to comply with a notice in the Chemical Gazette by the Director NICNAS regarding assessment and introduction of a chemical

To assess a PEC, the NICNAS Director may, by notice in the Chemical Gazette, require a person to provide information about the chemical. All persons specified in the notice must provide the required information to the Director within the time specified.

  • 60 for individuals
  • 300 for businesses

s61(4)

An importer or manufacturer must not refuse of fail to comply with a notice prohibiting an activity while the chemical remains a Priority Existing Chemical (PEC).

If the Minister believes an activity involving a PEC gives rise to an unacceptable risk of adverse public health or environmental effects, the Minister may prohibit that activity by notice in the Chemical Gazette. You must comply with the notice.

  • 300 for individuals
  • 1500 for businesses

s61(5)

A person other than an importer or manufacturer of an industrial chemical  must not refuse or fail to comply with a notice prohibiting an activity while the chemical remains a Priority Existing Chemical (PEC).

If the Minister believes an activity involving a PEC gives rise to an unacceptable risk of adverse health or environmental effects, the Minister may prohibit that activity by a notice in the Chemical Gazette. A person, other than an importer or manufacturer of the chemical, must comply with the notice.

  • 240 for individuals
  • 1200 for businesses

Last update 29 July 2018