Commonwealth Numbered Regulations Commonwealth Numbered RegulationsApplication of amendments
(1) The amendments of these Regulations made by the Minamata Convention on Mercury (Consequential Amendments) Regulations 2021 apply in relation to the following:
(a) the importation into, export from, or manufacture in, Australia of mercury or mercury-added products on or after the commencement of that instrument (whether any application for permission to do so was made before, on or after that commencement);
(b) the export of research mercury from Australia on or after the commencement of that instrument (whether the application for permission to export was made before, on or after that commencement).
Pending applications for permissions to export mercury
(2) If:
(a) an application was made before the commencement of the Minamata Convention on Mercury (Consequential Amendments) Regulations 2021 under regulation 3.215 of these Regulations for a permission to export mercury (within the meaning of these Regulations as amended by that instrument); and
(b) as at immediately before the commencement of that instrument, no decision on the application had been made;
the application is taken, at the commencement of that instrument, never to have been made.
42 Schedule 1 (item 25)
Repeal the item.
Customs (Prohibited Exports) Regulations 1958
43 Subregulation 2(1)
Insert:
"mercury " means elemental mercury (Hg(0), CAS No. 7439-97-6), and includes mixtures of mercury (including alloys of mercury) with a mercury concentration of at least 95% by weight, but does not include non-Minamata Convention mercury.
"non-Minamata Convention mercury " means any of the following:
(a) research mercury;
(b) naturally occurring trace quantities of mercury present in:
(i) products such as non-mercury metals, ores or mineral products (including coal); or
(ii) products derived from the products mentioned in subparagraph (i);
(c) unintentional trace quantities of mercury in chemical products.
"research mercury " means mercury to be used for laboratory-scale research or as a reference standard.
44 Regulation 4A (heading)
Repeal the heading, substitute:
4A Exportation of chemicals
45 Before subregulation 4A(1)
Insert:
Exportation of chemicals mentioned in Schedule 2
46 After subregulation 4A(1)
Insert:
Exportation of mercury
(1AA) The exportation from Australia of mercury is prohibited unless:
(a) a permission to export the mercury has been granted in writing under any of the following:
(i) the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 ;
(ii) the Industrial Chemicals (General) Rules 2019 ;
(iii) the Therapeutic Goods Regulations 1990 ; and
(b) the permission is produced to a Collector.
Exportation of research mercury
(1AB) The exportation from Australia of research mercury is prohibited unless:
(a) both:
(i) a permission to export the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 ; and
(ii) the permission is produced to a Collector; or
(b) both:
(i) a permission to export the chemical has been granted in writing by the Minister or an authorised officer under this regulation; and
(ii) the permission is produced to a Collector.
47 Before subregulation 4A(1A)
Insert:
Derivatives
48 Before subregulation 4A(2)
Insert:
Applications and permissions
49 Subregulations 4A(2), (3) and (4)
After "(1)(b)", insert "or (1AB)(b)".
50 Subregulations 4A(5) and (6)
Omit "(1)(b) or", substitute "(1)(b), (1AB)(b) or".
51 Before subregulation 4A(7)
Insert:
Definitions
52 In the appropriate position in Part 5
Insert: