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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015-2016
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Ethical Cosmetics Bill 2016
No. , 2016
(Ms O'Neil)
A Bill for an Act to amend the Industrial Chemicals
(Notification and Assessment) Act 1989, and for
related purposes
No. , 2016
Ethical Cosmetics Bill 2016
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Industrial Chemicals (Notification and Assessment) Act 1989
3
Part 2--Related amendments
6
Industrial Chemicals (Notification and Assessment) Act 1989
6
No. , 2016
Ethical Cosmetics Bill 2016
1
A Bill for an Act to amend the Industrial Chemicals
1
(Notification and Assessment) Act 1989, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Ethical Cosmetics Act 2016.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Ethical Cosmetics Bill 2016
No. , 2016
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The day after the end of the period of 3 years
beginning on the day this Act receives the
Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Ethical Cosmetics Bill 2016
3
Schedule 1--Amendments
1
Part 1--Main amendments
2
Industrial Chemicals (Notification and Assessment) Act 1989
3
1 At the end of Part 3B
4
Add:
5
Division 2--Testing cosmetics on live animals
6
81B Testing cosmetics on live animals
7
Importing or manufacturing cosmetics or cosmetic ingredients
8
tested on live animals
9
(1) A person commits an offence if:
10
(a) the person:
11
(i) imports a cosmetic into Australia; or
12
(ii) manufactures a cosmetic in Australia; and
13
(b) testing has been conducted on a live animal (whether or not
14
in Australia) that relates to the cosmetic; and
15
(c) the person engaged in the conduct mentioned in paragraph (a)
16
in the course of carrying on a business.
17
Penalty: 300 penalty units.
18
(2) A person commits an offence if:
19
(a) the person:
20
(i) imports a substance into Australia; or
21
(ii) manufactures a substance in Australia; and
22
(b) the substance is imported or manufactured for use in a
23
cosmetic; and
24
(c) testing has been conducted on a live animal (whether or not
25
in Australia); and
26
(d) the dominant purpose of the testing relates to the substance's
27
use in a cosmetic; and
28
(e) the person engaged in the conduct mentioned in paragraph (a)
29
in the course of carrying on a business.
30
Schedule 1 Amendments
Part 1 Main amendments
4
Ethical Cosmetics Bill 2016
No. , 2016
Penalty: 300 penalty units.
1
(3) To avoid doubt:
2
(a) intention is the fault element for the physical elements in
3
paragraphs (1)(a) and (2)(a); and
4
(b) recklessness is the fault element for the physical elements in
5
paragraphs (1)(b) and (c) and (2)(b) to (e).
6
(4) A body corporate (the first body) is taken to be reckless as to the
7
matters mentioned in paragraphs (1)(b) and (2)(c) and (d) if the
8
testing was conducted by or for a related body corporate (within
9
the meaning of the Corporations Act 2001) of the first body.
10
Testing cosmetics and cosmetic ingredients on live animals
11
(5) A person commits an offence if the person tests a cosmetic on a
12
live animal in Australia.
13
Penalty: 300 penalty units.
14
(6) A person commits an offence if:
15
(a) the person tests a substance on a live animal in Australia; and
16
(b) the dominant purpose of the testing relates to the substance's
17
use in a cosmetic.
18
Penalty: 300 penalty units.
19
Exception
20
(7) Subsection (1), (2), (5) or (6) does not apply if the testing on a live
21
animal was conducted before the commencement of this section.
22
Note:
A defendant bears an evidential burden in relation to a matter in
23
subsection (7) (see subsection 13.3(3) of the Criminal Code).
24
81C Dominant purpose of testing
25
(1) For the purposes of this Act, the dominant purpose of testing that
26
is conducted on a live animal at a particular time is to be worked
27
out in accordance with rules made under subsection (2) that are in
28
force at that time.
29
(2) The Director must, by legislative instrument, make rules for the
30
purposes of subsection (1).
31
Amendments Schedule 1
Main amendments Part 1
No. , 2016
Ethical Cosmetics Bill 2016
5
81D Additional operation of Division
1
Without prejudice to its effect apart from this section (including its
2
effect because of section 4), this Division also has, because of this
3
section, the effect it would have if the references to the
4
manufacture or testing of a cosmetic or other substance were, by
5
express provision, confined to:
6
(a) the manufacture or testing of a cosmetic or other substance:
7
(i) by federally-regulated entities; or
8
(ii) in constitutional trade or commerce, or for supply in the
9
course of constitutional trade or commerce; or
10
(iii) for supply to, or to an authority or instrumentality of,
11
the Commonwealth or a Territory; and
12
(b) the manufacture or testing of a cosmetic or other substance in
13
a Territory.
14
81E International obligations
15
This Division has effect, in relation to importing a cosmetic or
16
other substance into Australia, subject to Australia's international
17
obligations.
18
81F Miscellaneous
19
(1) This Division does not apply in relation to:
20
(a) a substance that is a therapeutic good within the meaning of
21
the Therapeutic Goods Act 1989; or
22
(b) a substance or preparation prescribed by regulations made for
23
the purposes of paragraph (d) of the definition of cosmetic in
24
subsection 5(1) of this Act.
25
(2) This Division applies in relation to a preparation or mixture of
26
substances in the same way as it applies in relation to a substance.
27
Schedule 1 Amendments
Part 2 Related amendments
6
Ethical Cosmetics Bill 2016
No. , 2016
Part 2--Related amendments
1
Industrial Chemicals (Notification and Assessment) Act 1989
2
2 Title
3
Omit "to establish a national system of notification and assessment
4
of industrial chemicals, to provide for registration of certain
5
persons proposing to introduce industrial chemicals, to provide for
6
national standards for cosmetics imported into, or manufactured in,
7
Australia, and for related purposes", substitute "about industrial
8
chemicals and cosmetics".
9
3 At the end of section 3
10
Add:
11
; and (c) a ban on the testing of cosmetics and cosmetic ingredients on
12
live animals in Australia; and
13
(d) restrictions on the importation and manufacture of cosmetics
14
and cosmetic ingredients that have been tested on live
15
animals.
16
4 Subparagraph 4(a)(iii)
17
Omit "trade and commerce with other countries, among the States,
18
within a Territory, between a State and Territory or between 2
19
Territories", substitute "constitutional trade and commerce".
20
5 Subsection 5(1)
21
Insert:
22
constitutional trade and commerce means trade and commerce:
23
(a) with other countries; or
24
(b) among the States; or
25
(c) between a State and a Territory; or
26
(d) between 2 Territories.
27
dominant purpose of testing on a live animal: see section 81C.
28
federally regulated entity has the meaning given by the Australian
29
Charities and Not-for-profits Commission Act 2013.
30
Amendments Schedule 1
Related amendments Part 2
No. , 2016
Ethical Cosmetics Bill 2016
7
6 Paragraphs 21M(1)(c) and (2)(c)
1
Omit "trade and commerce with other countries, among the States,
2
within a Territory, between a State and Territory or between 2
3
Territories", substitute "constitutional trade and commerce".
4
7 At the end of section 21
5
Add:
6
(7) None of the exceptions in subsections (1A), (2), (3), (4) and (6)
7
apply in relation to a new industrial chemical that is introduced in a
8
cosmetic, or for use in a cosmetic, if:
9
(a) testing has been conducted, on or after the commencement of
10
this subsection, on a live animal (whether or not in
11
Australia); and
12
(b) the dominant purpose of the testing relates to the new
13
industrial chemical's use in a cosmetic; and
14
(c) the new industrial chemical is introduced in the course of
15
carrying on a business.
16
8 After subsection 23(1A)
17
Insert:
18
Applications cannot be made for certain cosmetic ingredients
19
tested on live animals
20
(1B) Despite subsections (1) and (1A), an application cannot be made
21
for an assessment certificate for a new industrial chemical if:
22
(a) the new industrial chemical is to be used in a cosmetic; and
23
(b) testing has been conducted, on or after the commencement of
24
this subsection, on a live animal (whether or not in
25
Australia); and
26
(c) the dominant purpose of the testing relates to the new
27
industrial chemical's use in a cosmetic.
28
9 Subsection 23(2)
29
Omit "The application", substitute "An application".
30
10 After subsection 23(9A)
31
Insert:
32
Schedule 1 Amendments
Part 2 Related amendments
8
Ethical Cosmetics Bill 2016
No. , 2016
Notification statement for cosmetic ingredients tested on live
1
animals
2
(9B) If a new industrial chemical that is to be used in a cosmetic has
3
been tested on or after the commencement of this subsection on a
4
live animal (whether or not in Australia), a notification statement
5
about the chemical:
6
(a) must not contain information obtained from that testing; and
7
(b) must contain information about:
8
(i) when the testing occurred; and
9
(ii) the dominant purpose, and any other purposes, of the
10
testing.
11
11 After subsection 23(12)
12
Insert:
13
(12A) An approval under subsection (12) must not have the effect of
14
requiring testing on a live animal for the purpose of obtaining
15
information about a new industrial chemical that is to be used in a
16
cosmetic.
17
(12B) The Director must publish a list of the tests that:
18
(a) are approved under subsection (12) for the purpose of
19
obtaining information about a new industrial chemical that is
20
to be used in a cosmetic; and
21
(b) do not require testing on live animals;
22
on the website maintained for the National Industrial Chemicals
23
Notification and Assessment Scheme by the Department.
24
12 At the end of section 23A
25
Add:
26
(4) An application cannot be made for a self-assessed assessment
27
certificate for a new industrial chemical if:
28
(a) the new industrial chemical is to be used in a cosmetic; and
29
(b) testing has been conducted, on or after the commencement of
30
this subsection, on a live animal (whether or not in
31
Australia); and
32
(c) the dominant purpose of the testing relates to the new
33
industrial chemical's use in a cosmetic.
34
Amendments Schedule 1
Related amendments Part 2
No. , 2016
Ethical Cosmetics Bill 2016
9
(5) If a new industrial chemical that is to be used in a cosmetic has
1
been tested, on or after the commencement of this subsection, on a
2
live animal (whether or not in Australia):
3
(a) information given in an approved form under this section
4
must not include information obtained from that testing; and
5
(b) the approved form must require the following information to
6
be given:
7
(i) information about when the testing occurred;
8
(ii) information about the dominant purpose, and any other
9
purposes, of the testing.
10
13 At the end of section 24
11
Add:
12
(5) A waiver under this section must not have the effect of overriding
13
subsection 23(1B) or (9B) or subsection 23A(4) or (5).
14
Note:
Those subsections apply if the new industrial chemical is to be used in
15
a cosmetic and has been tested on a live animal.
16
14 Part 3B (heading)
17
Repeal the heading, substitute:
18
Part 3B--Cosmetics
19
Division 1--Standards for cosmetics imported into, or
20
manufactured in, Australia
21
15 Paragraph (m) of Part C of the Schedule
22
Omit "after their continuous exposure for 4 days to a series of
23
concentrations of the chemical in water assessed by the test known as
24
the Fish Acute Toxicity Test".
25
16 Paragraph (n) of Part C of the Schedule
26
Omit "shown by the effects of the chemical on daphnids exposed to a
27
series of concentrations of the chemical in water assessed by the test
28
known as Daphnia sp, Acute Immobilisation Test and Reproduction
29
Test".
30