Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies to the export of an export - prohibited chemical if:
(a) either:
(i) the relevant item in Schedule 1 identifies the relevant international agreement or arrangement as the Rotterdam Convention; or
(ii) the chemical is research mercury; and
(b) the export is to a party to that Convention; and
(c) the party's import decision is not known.
(2) An authorised officer must not grant an application for permission to export the chemical, unless he or she is satisfied that the export will not be in breach of Australia's obligations under Article 11 of the Rotterdam Convention.
Note: The import decision of a party may not be known because:
(a) the party failed to transmit to the Secretariat its decision; or
(b) the party transmitted an import response stating that a final import decision is under consideration or requesting more information or assistance in making its decision (see paragraph 4 (b) of Article 10 of the Rotterdam Convention).