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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
End Cruel Cosmetics Bill 2014
No. , 2014
(Senator Rhiannon)
A Bill for an Act to amend the Industrial Chemicals
(Notification and Assessment) Act 1989, and for
related purposes
No. , 2014
End Cruel Cosmetics Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 2
Schedule 1--Amendments
3
Part 1--Main amendments
3
Industrial Chemicals (Notification and Assessment) Act 1989
3
Part 2--Other amendments
6
Industrial Chemicals (Notification and Assessment) Act 1989
6
Part 3--Application of amendments
8
No. , 2014
End Cruel Cosmetics Bill 2014
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 End Cruel Cosmetics Act 2014.
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
End Cruel Cosmetics Bill 2014
No. , 2014
Commencement information
Column 1
Column 2
Column 3
Provision(s)
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 6
months 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 Schedule(s)
7
Each Act 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repealed as set out in the applicable items in the Schedule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. , 2014
End Cruel Cosmetics Bill 2014
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--Cosmetics tested on animals
6
81B Cosmetics tested on animals
7
Testing cosmetics and ingredients
8
(1) A person commits an offence if:
9
(a) the person tests a substance on a live animal in Australia; and
10
(b) the person does so for the purpose of any person:
11
(i) developing, manufacturing, selling or importing a
12
cosmetic; or
13
(ii) developing, manufacturing, selling or importing a
14
substance for use as an ingredient in cosmetics.
15
Penalty: 120 penalty units.
16
Manufacturing, advertising, selling or importing cosmetics
17
(2) A person commits an offence if:
18
(a) the person:
19
(i) manufactures, advertises or sells a cosmetic in
20
Australia; or
21
(ii) imports a cosmetic into Australia; and
22
(b) any person tested a substance on a live animal for the purpose
23
of any person developing, manufacturing, selling or
24
importing:
25
(i) the cosmetic; or
26
(ii) a substance for use as an ingredient in cosmetics; and
27
Schedule 1 Amendments
Part 1 Main amendments
4
End Cruel Cosmetics Bill 2014
No. , 2014
(c) in a case to which subparagraph (b)(ii) applies--the
1
ingredient is an ingredient in the cosmetic mentioned in
2
paragraph (a).
3
Penalty: 120 penalty units.
4
Manufacturing, advertising, selling or importing ingredients in
5
cosmetics
6
(3) A person commits an offence if:
7
(a) the person:
8
(i) manufactures, advertises or sells a substance in
9
Australia; or
10
(ii) imports a substance into Australia;
11
for use as an ingredient in cosmetics; and
12
(b) any person tested a substance on a live animal for the purpose
13
of any person developing, manufacturing, selling or
14
importing the substance mentioned in paragraph (a) for use as
15
an ingredient in cosmetics.
16
Penalty: 120 penalty units.
17
81C Additional operation of Division
18
Without prejudice to its effect apart from this section (including its
19
effect because of section 4), this Division also has, because of this
20
section, the effect it would have if the references to developing,
21
manufacturing, selling or advertising were, by express provision,
22
confined to:
23
(a) developing, manufacturing, selling or advertising:
24
(i) by federally-regulated entities; or
25
(ii) in constitutional trade or commerce, or for supply in the
26
course of constitutional trade or commerce; or
27
(iii) for supply to, or to an authority or instrumentality of,
28
the Commonwealth or a Territory; and
29
(b) developing, manufacturing, selling or advertising in a
30
Territory.
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Amendments Schedule 1
Main amendments Part 1
No. , 2014
End Cruel Cosmetics Bill 2014
5
81D International obligations
1
This Division has effect, in relation to importing a substance into
2
Australia, subject to Australia's international obligations.
3
81E Ingredients, preparations and components
4
(1) This Division does not apply to an ingredient in cosmetics if the
5
ingredient is:
6
(a) a therapeutic good within the meaning of the Therapeutic
7
Goods Act 1989; or
8
(b) a substance or preparation prescribed by regulations made for
9
the purposes of paragraph (d) of the definition of cosmetic in
10
subsection 5(1) of this Act.
11
(2) This Division applies:
12
(a) in relation to a preparation or mixture of substances in the
13
same way as it applies in relation to a substance; and
14
(b) in relation to a component in the same way as it applies in
15
relation to an ingredient.
16
Schedule 1 Amendments
Part 2 Other amendments
6
End Cruel Cosmetics Bill 2014
No. , 2014
Part 2
--Other 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) the banning of the testing of cosmetics, and ingredients in
12
cosmetics, on animals.
13
4 Subparagraph 4(a)(iii)
14
Omit "trade and commerce with other countries, among the States,
15
within a Territory, between a State and Territory or between 2
16
Territories", substitute "constitutional trade and commerce".
17
5 Subsection 5(1)
18
Insert:
19
constitutional trade and commerce means trade and commerce:
20
(a) with other countries; or
21
(b) among the States; or
22
(c) between a State and a Territory; or
23
(d) between 2 Territories.
24
federally regulated entity has the meaning given by the Australian
25
Charities and Not-for-profits Commission Act 2013.
26
6 Paragraphs 21M(1)(c) and (2)(c)
27
Omit "trade and commerce with other countries, among the States,
28
within a Territory, between a State and Territory or between 2
29
Territories", substitute "constitutional trade and commerce".
30
Amendments Schedule 1
Other amendments Part 2
No. , 2014
End Cruel Cosmetics Bill 2014
7
7 Part 3B (heading)
1
Repeal the heading, substitute:
2
Part 3B--Cosmetics
3
Division 1--Standards for cosmetics imported into, or
4
manufactured in, Australia
5
Schedule 1 Amendments
Part 3 Application of amendments
8
End Cruel Cosmetics Bill 2014
No. , 2014
Part 3
--Application of amendments
1
8 Application of amendments
2
The amendments made by this Schedule apply in relation to testing that
3
occurs on or after the commencement of this item.
4