Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) An authorised officer may grant an application for permission to manufacture a manufacture - prohibited chemical if:
(a) the manufacture of the chemical is stated in an item in Schedule 1 to be prohibited except with written permission under subregulation 3.120(1); and
(b) the officer is satisfied that there is in effect for Australia a production - specific exemption for the chemical under Article 4 of the Stockholm Convention.
(2) An authorised officer may grant an application for permission to manufacture a manufacture - prohibited chemical if:
(a) the manufacture of the chemical is stated in an item in Schedule 1 to be prohibited except with written permission under subregulation 3.120(2); and
(b) the officer is satisfied that, in accordance with paragraph 9 of Article 10 of the Rotterdam Convention, the chemical to be manufactured is to be exported and not used in Australia.
(3) An authorised officer may grant an application for permission to manufacture a manufacture - prohibited chemical if:
(a) neither subregulation (1) nor (2) applies; and
(b) the chemical is to be manufactured for a use or purpose that is permitted under the relevant Convention.
Note: In deciding whether to grant the application, the officer may take into consideration the matters mentioned in regulation 3.20.
(4) If the officer is not satisfied as to the matters mentioned in subregulation (1), (2) or (3), the officer must refuse to grant the application.