Commonwealth Consolidated Regulations

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THERAPEUTIC GOODS REGULATIONS 1990 - REG 10JF

When approval may be granted--export

Export to a Party to the Minamata Convention

             (1)  The Secretary may approve an application under paragraph 10JD(1)(b) to export a therapeutic good that is mercury to a Party (the importing Party ) to the Minamata Convention only if the Secretary is satisfied that :

                     (a)  the importing Party has provided its written consent to the export; and

                     (b)  the mercury is to be exported:

                              (i)  for a use allowed to the importing Party under the Minamata Convention; or

                             (ii)  for environmentally sound interim storage as set out in Article 10 of the Minamata Convention.

Export to a non-party to the Minamata Convention

             (2)  The Secretary may approve an application under paragraph 10JD(1)(b) to export a therapeutic good that is mercury to a non-party (the importing party ) to the Minamata Convention only if the Secretary is satisfied that the importing party has provided:

                     (a)  its written consent to the export; and

                     (b)  its written certification demonstrating that:

                              (i)  it has measures in place to ensure the protection of human health and the environment; and

                             (ii)  it has measures in place to ensure compliance with Articles 10 and 11 of the Minamata Convention; and

                            (iii)  the mercury will be used only for a use allowed under the Minamata Convention to a Party to the Minamata Convention or for environmentally sound interim storage as set out in Article 10 of the Minamata Convention.



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