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This is a Bill, not an Act. For current law, see the Acts databases.
1996-97
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Industrial
Chemicals (Notification and Assessment) Amendment Bill
1997
No. ,
1997
(Industrial
Relations)
A Bill for an Act to amend the
Industrial Chemicals (Notification and Assessment) Act 1989 and
the National Occupational Health and Safety Commission Act 1985, and for
related purposes
9704020-975/21.3.1997-(40/97) Cat. No. 96 7457 8 ISBN 0644 50059 X
Contents
Part 1—Amendments 7icnaah1.html
Part 2—Application, saving and transitional
provisions 7icnaah1.html
A Bill for an Act to amend the Industrial Chemicals
(Notification and Assessment) Act 1989 and the National Occupational
Health and Safety Commission Act 1985, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Industrial Chemicals (Notification and
Assessment) Amendment Act 1997.
(1) Sections 1, 2 and 3 and items 2, 6, 11, 13, 14, 23, 26, 30, 31, 32,
42, 43, 44, 45, 47, 48, 49, 50, 54, 55, 56, 59, 60, 61, 63, 85, 90, 91, 92, 99,
100, 101, 104 and 106 of Schedule 1 commence on the day on which this Act
receives the Royal Assent.
(2) Subject to subsection (3), the other items of Schedule 1, and Schedule
2, commence on a day or days to be fixed by Proclamation.
(3) If an item of Schedule 1, or Schedule 2, does not commence within the
period of 6 months beginning on the day on which this Act receives the Royal
Assent, it commences on the first day after the end of that period.
Subject to section 2, each Act that is specified in a Schedule to this
Act is amended or repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect according to
its terms.
1 Title
After “chemicals”, insert “, to provide for
registration of certain persons proposing to introduce industrial
chemicals”.
2 Section 4
Repeal the section, substitute:
Without prejudice to its effect apart from this section, this Act also
has, because of this section, the effect it would have if the references to the
manufacture of industrial chemicals in Australia were, by express provision,
confined to:
(a) the manufacture of those chemicals in Australia:
(i) by foreign corporations, within the meaning of paragraph 51(xx) of the
Constitution; or
(ii) by trading corporations formed within the limits of the Commonwealth,
within the meaning of that paragraph; or
(iii) for supply in the course of trade and commerce with other countries,
among the States, within a Territory, between a State and Territory or between 2
Territories; or
(iv) for supply to, or to an authority or instrumentality of, the
Commonwealth or a Territory; and
(b) the manufacture of those chemicals in a Territory.
3 Section 5
Insert:
ADG Code means the Australian Code for the Transport of
Dangerous Goods by Road and Rail published by the Federal Office of Road Safety
of the Department of Transport and Regional Development as in force from time to
time.
4 Section 5
Insert:
cosmetic means a product applied to a person’s body for
the purpose of its cleansing or care, colouring it, influencing its smell, or
otherwise changing its appearance or smell, without affecting its structure or
functions.
5 Section 5
Insert:
dangerous good has the meaning given by the ADG
Code.
6 Section 5
Insert:
development does not include tests that relate solely to the
commercial evaluation of a product or process.
7 Section 5
Insert:
excluded use has the meaning given by subsection
7(2).
8 Section 5
Insert:
factory cost, in relation to the industrial chemicals
manufactured by a person, means the total of:
(a) the cost of labour involved in the manufacture; and
(b) the cost of materials involved in the manufacture other than the cost
of any relevant industrial chemical:
(i) that is used as an ingredient in the manufacturing; and
(ii) in respect of which an amount of registration charge has been paid;
and
(c) the factory overhead expenses;
incurred by the person in respect of the manufacture of the first-mentioned
chemicals.
9 Section 5
Insert:
hazardous substance has the meaning prescribed by the
regulations.
10 Section 5 (definition of introduction
permit)
After “30”, insert “or 30A”.
11 Section 5 (definition of Material Safety
Data Sheet)
Omit “being, if there is a note known as a Guidance Note for
Completion of a Material Safety Data Sheet published by the Commission, a
statement prepared in accordance with that note”, substitute “being,
if there are in force guidelines approved by the Minister by notice in the
Chemical Gazette for the purposes of this definition, a statement prepared in
accordance with those guidelines”.
12 Section 5
Insert:
modifications includes additions, substitutions and
omissions.
13 Section 5 (definition of
monomer)
Repeal the definition, substitute:
monomer means a chemical the molecules of which are capable
of forming covalent bonds with 2 or more like or unlike molecules under the
conditions of the relevant polymer-forming reactions used for a particular
process of polymer formation.
14 Section 5 (definition of
polymer)
Repeal the definition, substitute:
polymer means a chemical:
(a) consisting of molecules that are:
(i) characterised by the sequence of one or more types of monomer units;
and
(ii) distributed over a range of molecular weights whose differences in
the molecular weight are primarily attributable to differences in the number of
monomer units; and
(b) comprising a simple weight majority of molecules containing at least 3
monomer units which are covalently bound to at least one other monomer unit or
other reactant; and
(c) comprising less than a simple weight majority of molecules of the same
molecular weight.
15 Section 5
Insert:
previous financial year, in relation to a particular
registration year, means the financial year ending on the last 30 June before
the start of that registration year.
16 Section 5 (definition of priority existing
chemical)
Omit “or 52”.
17 Section 5
Insert:
Register means the Register established under section
80C.
18 Section 5
Insert:
registrable person, in relation to a registration year,
means:
(a) a person who proposes to introduce relevant industrial chemicals in
that registration year of a value that equals or exceeds the threshold value if
that person:
(i) did not introduce relevant industrial chemicals in the previous
financial year; or
(ii) introduced relevant industrial chemicals in the previous financial
year of a value less than the threshold value; or
(b) a person who proposes to introduce relevant industrial chemicals in
that registration year of any value if that person introduced relevant
industrial chemicals in the previous financial year of a value that equalled or
exceeded the threshold value.
19 Section 5
Insert:
registration charge means a charge imposed on the
registration of a registrable person:
(a) so far as it is a duty of customs—by the Industrial Chemicals
(Registration Charge—Customs) Act 1997; and
(b) so far as it is a duty of excise—by the Industrial Chemicals
(Registration Charge—Excise) Act 1997; and
(c) so far as it is neither a duty of customs nor a duty of
excise—by the Industrial Chemicals (Registration Charge—General)
Act 1997.
20 Section 5
Insert:
registration year means a period of 12 months beginning on 1
September 1997 or 1 September of any subsequent year.
21 Section 5
Insert:
relevant industrial chemical has the meaning given by section
7A.
22 Section 5
Insert:
research does not include research for the purpose of
determining market acceptance or consumer preferences.
23 Section 5
Insert:
sequence, in relation to a polymer molecule, means a
continuous string of monomer units within the molecule that are covalently bound
to one another and are uninterrupted by units other than monomer
units.
24 Section 5
Insert:
supplementary information statement means the statement
described in paragraph 40A(5)(a).
25 Section 5
Insert:
threshold value, in relation to relevant industrial chemicals
introduced by a person, means $500,000.
26 Section 5
Insert:
trade name product means a chemical included in the section
of the Inventory known as Section VIII—AICS Trade Names Annex.
27 Section 5
Insert:
value of relevant industrial chemicals imported, in relation
to a particular person and a particular period (whether a financial year or a
registration year), is the amount worked out in accordance with subsection 7A(2)
in respect of that person and that period.
28 Section 5
Insert:
value of relevant industrial chemicals introduced, in
relation to a particular person and a particular period (whether a financial
year or a registration year), means the sum of:
(a) the value (if any) of the relevant industrial chemicals imported by
that person during that period; and
(b) the value (if any) of the relevant industrial chemicals manufactured
by that person during that period.
29 Section 5
Insert:
value of relevant industrial chemicals manufactured, in
relation to a particular person and a particular period (whether a financial
year or a registration year), is the factory cost of manufacturing the
industrial chemicals by the person during that period.
30 Subsection 7(2) (definition of
agricultural chemical)
Omit “Agricultural and Veterinary Chemicals Act 1988”,
substitute “Agricultural and Veterinary Chemicals Code Act
1994”.
31 Subsection 7(2) (definition of food
additive)
Repeal the definition, substitute:
food additive means a chemical whose inclusion in food as a
food additive is permitted under the Food Standards Code (as defined for the
purposes of the Australia New Zealand Food Authority Act 1991).
32 Subsection 7(2) (definition of veterinary
chemical product)
Omit “Agricultural and Veterinary Chemicals Act 1988”,
substitute “Agricultural and Veterinary Chemicals Code Act
1994”.
33 After section 7
Insert:
(1) In this Act:
biological material does not include a whole plant or a whole
animal.
relevant industrial chemical means an industrial
chemical:
(a) that is not intended for an excluded use; and
(b) that is not:
(i) a naturally-occurring chemical; or
(ii) biological material; or
(iii) an incidentally-produced chemical; or
(iv) a reaction intermediate.
(2) The value of relevant industrial chemicals imported by a
person during a particular period (whether a financial year or a registration
year) is the amount, worked out to the nearest whole dollar, using the
formula:
where:
V means the customs value (within the meaning of section 159
of the Customs Act 1901) of all of those relevant industrial
chemicals.
CIF means the cost of the insurance and freight relating to
those chemicals.
CD means the customs duty payable on those
chemicals.
34 Before paragraph
12(4)(c)
Insert:
(a) each chemical transferred under section 18A; and
35 Paragraph 14(1)(a)
After “assessment certificate”, insert “(other than an
extension of an original certificate)”.
36 Subsection 14(2)
After “chemical”, insert “(including each holder of an
extension of such a certificate)”.
37 Subsection 14(4)
Repeal the subsection, substitute:
(4) If the Director is satisfied that:
(a) the publication of some or all of the chemical’s particulars
could reasonably be expected to prejudice substantially the commercial interests
of the applicant; and
(b) the prejudice outweighs the public interest in the publication of
those particulars;
the Director must include the chemical in the confidential
section.
38 Subsection 17(1)
Repeal the subsection.
39 After section 17(2)
Insert:
(2A) If a chemical is transferred to the confidential section as a result
of an application made by a person under section 18A, the person is to be
treated as the holder of a confidence about the chemical.
40 Subsection 17(4)
Omit “(2)”, substitute “(3)”.
41 Section 19
Repeal the section, substitute:
(1) If an industrial chemical was transferred to the non-confidential
section under subsection 19(5) as in force before the commencement of this
section, a person who was a holder of a confidence about the chemical may,
within a prescribed period, apply in the approved form to the Director for the
transfer of the chemical to the confidential section.
(2) If the Director is satisfied that:
(a) the publication of some or all of the chemical’s particulars
could reasonably be expected to prejudice substantially the commercial interests
of the applicant; and
(b) the prejudice outweighs the public interest in the publication of
those particulars;
the Director must transfer the chemical to the confidential
section.
(3) The Director must give the applicant written notice of the decision
about the application.
(1) For the purposes of this section:
decision under subsection (8) means a decision by the
Director or the Tribunal under that subsection.
relevant inclusion date, in respect of a chemical in the
confidential section, means:
(a) in respect of a chemical included in the confidential section
immediately before this section’s commencement—the date of this
section’s commencement or of the decision, or last decision, under
subsection (8) in respect of the chemical; and
(b) in respect of a chemical included in the confidential section on or
after this section’s commencement—the date of its inclusion or of
the decision, or last decision, under subsection (8) in respect of the
chemical.
(2) Subject to subsection (9), an industrial chemical in the confidential
section immediately before this section’s commencement must be transferred
to the non-confidential section on the fifth anniversary of that commencement
unless there is a decision under subsection (8) that it should not be so
transferred.
(3) Subject to subsection (9), an industrial chemical that is included in
the confidential section on or after this section’s commencement (whether
because of subsection 14(4), 18A(2) or 20AB(4A)) must be transferred to the
non-confidential section on the fifth anniversary of that inclusion unless there
is a decision under subsection (8) that it should not be so
transferred.
(4) Subject to subsection (9), an industrial chemical that is not
transferred to the non-confidential section because of a decision under
subsection (8) must be transferred to the non-confidential section on the fifth
anniversary of that decision unless, before that fifth anniversary, there is a
further decision under subsection (8) that the chemical should not be so
transferred.
(5) The Director must, for each chemical that is in the confidential
section, give written notice to the holders of a confidence about the
chemical:
(a) informing them the chemical will be transferred to the
non-confidential section unless there is a decision under subsection (8) that
the chemical should not be so transferred; and
(b) setting out the terms of this section;
at least 3 months before the fifth anniversary of the relevant inclusion
date for the chemical.
(6) A holder of a confidence about the chemical may, within 28 days after
the giving of the notice, give the Director a written statement setting out
reasons why the chemical should not be transferred to the non-confidential
section.
(7) If any statement is given under subsection (6) in respect of a
chemical, the Director must, not later than the fifth anniversary of the
relevant inclusion date for the chemical, make a decision under subsection (8)
or (9).
(8) If the Director is satisfied, in the light of any statement or
statements given under subsection (6), that:
(a) the publication of some or all of the chemical’s particulars
could reasonably be expected to prejudice substantially the commercial interest
of a holder or holders of a confidence giving the statement or statements;
and
(b) the prejudice outweighs the public interest in the publication of
those particulars;
the Director:
(c) must not transfer the chemical under subsection (2), (3) or (4) (as
the case requires); and
(d) must give written notice of the decision to each holder of a
confidence who makes a statement under subsection (6).
(9) If the Director is not so satisfied, the Director must:
(a) give written notice of that decision to each holder of a confidence
who makes a statement under subsection (6); and
(b) delay the transfer for 28 days after giving the notice, or, if such a
holder of confidence applies during those 28 days to the Tribunal under section
102 for the review of the decision, until the application is
finalised.
42 After paragraph 20(a)
Insert:
(aa) adding extra information about industrial chemicals already in the
Inventory that was obtained under section 20AB (details of trade name products);
or
43 Paragraph 20(b)
Omit “(other than an error of the kind described in section
52)”, substitute “(except the wrong inclusion of a chemical in the
Inventory)”.
44 After section 20
Insert in Division 3:
(1) If the Director believes that a chemical has been wrongly included in
the Inventory, the Director must give notice in the Chemical Gazette that he or
she proposes to remove the chemical from the Inventory.
(2) The notice must state:
(a) the name under which the chemical has been included in the Inventory;
and
(b) any name by which the chemical is commonly known; and
(c) that the Director proposes to remove the chemical from the Inventory;
and
(e) that a person may give a statement to the Director, within 3 months of
the date of publication of the notice, giving reasons why the chemical should
not be removed.
(3) If the Director knows the name and address of a person who is
introducing the chemical, the Director must send a copy of the notice to the
person.
(4) If the Director receives a statement from a person giving reasons why
the chemical should not be removed, the Director must reconsider the proposed
removal in the light of the statement.
(5) If the Director accepts the reasons why the chemical should not be
removed, the Director must:
(a) leave the chemical in the Inventory; and
(b) publish a notice in the Chemical Gazette that the chemical is not
going to be removed; and
(c) give a copy of the notice to the person who gave the
statement.
(6) If the Director rejects the reasons why the chemical should not be
removed, the Director must:
(a) give the person who made the statement notice of the decision to
reject the reasons; but
(b) not remove the chemical until 28 days after the date of the giving of
the notice or, if the person applies to the Tribunal for review of the decision,
until the review has been finalised.
(1) The Director may, by written notice, ask that he or she be given the
identity of each industrial chemical making up a trade name product.
(2) A notice must:
(a) set out the information required about each trade name product;
and
(b) set out the form in which the information is required; and
(c) state the date (the due date), at least 12 months after
the date of the notice, by which the information is to be given to the Director;
and
(d) state that any industrial chemical making up the trade name product
that is not already included in the Inventory may be so included; and
(e) state that any such chemical that is to be so included may, on
application made to the Director, be included in the confidential section of the
Inventory if the Director is satisfied that some or all of the particulars of
the chemical meet the tests set out in paragraphs 14(4)(a) and (b);
and
(f) be published in the Chemical Gazette.
(3) The Director must send a copy of the notice to each person whom the
Director is aware:
(a) nominated the trade name product for entry in the Inventory;
or
(b) has manufactured the trade name product in Australia; or
(c) has imported the trade name product into Australia.
(4) Subject to subsections (4A), (4B), (4C) and 12(6), if the Director
receives the information about the trade name product by the due date, the
Director must:
(a) if particulars of an industrial chemical making up the trade name
product have not been included in the Inventory—include those particulars
in the Inventory; and
(b) remove the trade name product from the Inventory.
(4A) If an industrial chemical to which paragraph (4)(a) applies has been
the subject of an application for inclusion in the confidential section of the
Inventory and the Director is satisfied that:
(a) the publication of some or all of the chemical’s particulars
could reasonably be expected to prejudice substantially the commercial interests
of the person seeking that chemical’s inclusion in the confidential
section of the Inventory; and
(b) the prejudice outweighs the public interest in the publication of
those particulars;
the Director must include the chemical in the confidential
section.
(4B) If the Director decides, in relation to a chemical to which paragraph
(4)(a) applies that has been the subject of such an application for inclusion in
the confidential section of the Inventory not to include the chemical in the
confidential section, he or she must:
(a) give the applicant for inclusion of the chemical in that section
written notice of the decision on the application; and
(b) delay including the chemical in the Inventory for 28 days after giving
the notice, or, where the applicant applies during that period to the Tribunal
under section 102 for review of the decision, until the application to the
Tribunal is finalised.
(4C) If the Director delays the inclusion of an industrial chemical in the
Inventory under subsection (4B), the Director must, during the period of that
delay, defer removing the trade name product concerned from the
Inventory.
(5) If the Director does not receive the information about each industrial
chemical making up the trade name product by the due date, the Director must
remove the trade name product from the Inventory.
45 After paragraph 21(3)(a)
Insert:
(b) a new industrial chemical manufactured in Australia:
(i) in an apparatus that is a fixture designed for producing one or more
chemicals; and
(ii) in the course of a program of research, development or analysis;
and
(iii) by a person who, before manufacturing the chemical, gave the
Director information about the type and location of the apparatus, and a general
description of the program and the type of chemical to be manufactured in the
apparatus, and a description of all procedures for the safe disposal of the
chemical and any hazardous degradation products derived from the chemical;
or
46 Section 21
Add at the end:
(4) Subsection (1) does not prohibit the introduction by a person of an
amount of new industrial chemical not exceeding 10 kilograms in a period of 12
months (either by itself or in a mixture with one or more other
chemicals):
(a) unless the person knows that the chemical poses an unreasonable risk
to occupational health and safety, public health or the environment;
and
(b) if the chemical is introduced in a cosmetic—if prescribed
requirements relating to its introduction (including, but without being limited
to, requirements relating to its use, packaging or labelling) are met.
47 After paragraph
21D(2)(a)
Insert:
(aa) in any case—a written explanation why the quantity of the
chemical that the applicant seeks to introduce under the permit is reasonably
needed for effective commercial evaluation of the chemical; and
48 Subsection 21H(1)
Repeal the subsection, substitute:
Application to be refused unless quantity of chemical is reasonably
needed
(1) The Director must refuse the application unless he or she is satisfied
that the quantity of the chemical that the applicant seeks to introduce under
the permit is reasonably needed for effective commercial evaluation of the
chemical.
49 After section 21S
Insert:
(1) The Director may give the applicant a written notice requiring the
applicant to give the Director further information about a matter referred to in
paragraph 21S(2)(a) within the period specified in the notice.
(2) The notice must specify a period of at least 14 days.
50 Subsection 21U(1)
Repeal the subsection, substitute:
(1) The Director must determine the application within 20 days
after:
(a) the day the application is made; or
(b) if the applicant amends the application or an accompanying
document—the day on which the applicant made such an amendment.
(1A) If the Director notifies the applicant under section 21SA that he or
she is required to give further information, the period starting on the day of
notification and ending when the information is received is not to be taken into
account in determining the period of 20 days referred to in subsection
(1).
(1B) If the further information required by the Director under section
21SA is not given to the Director within the period specified in the notice
requiring that further information, the application is taken to have been
withdrawn.
51 Subsections 30(1) and
(1A)
Repeal the subsections, substitute:
(1) A person who has applied under section 23 for an assessment
certificate for a chemical may apply to the Minister for a permit authorising
the importation or manufacture, as the case may be, of the chemical before the
assessment certificate is given to the applicant on the ground that:
(a) it is in the public interest that the chemical be imported or
manufactured by the applicant without delay; and
(b) the importation or manufacture, or the importation or manufacture
subject to conditions under subsection (5), is consistent with the reasonable
protection of occupational health and safety, public health and the
environment.
(1A) An application must be accompanied by the fee prescribed under
section 110 in respect of the application.
(1B) After consideration of an application for a permit duly made under
subsection (1), the Minister must, by notice in writing given to the
applicant:
(a) if he or she is satisfied that the grounds of the application are
established in relation to the industrial chemical concerned—grant the
permit so applied for; and
(b) if he or she is not so satisfied—refuse to grant the permit and
specify in the notice the reasons for so refusing.
(1C) If an application for an assessment certificate for an industrial
chemical is a joint one:
(a) the applicants for that assessment certificate may make joint
application for a permit under subsection (1); and
(b) the Minister must, by notice given to each applicant for the permit,
grant or refuse the permit.
52 At the end of Division 2
Add:
(1) A person who has applied under section 23 for an assessment
certificate for a chemical may apply to the Director for a permit to introduce
the chemical before the assessment report is completed.
(2) The application must:
(a) be in the approved form; and
(b) have with it the prescribed fee.
(3) The Director may grant the permit if he or she is satisfied
that:
(a) the chemical is not a hazardous substance; and
(b) the chemical is not a dangerous good; and
(c) the prescribed criteria relating to the environmental effect of the
chemical have been met; and
(d) any other prescribed conditions have been met; and
(e) the introduction of the chemical is consistent with the reasonable
protection of occupational health and safety, public health and the
environment.
(4) In deciding whether he or she is satisfied as to the matters mentioned
in paragraph (3)(e), the Director must take account of:
(a) the proposed nature of the use of the chemical; and
(b) the extent of the proposed use of the chemical; and
(c) the environmental effects of the chemical; and
(d) the health effects of the chemical; and
(e) the structure and activity of the chemical; and
(f) whether, in Australia or overseas, the chemical is the subject
of:
(i) investigations initiated by a person because of concerns about
possible adverse health effects, environmental effects or both; or
(ii) action taken by a person to control the use of, or access to, the
chemical; and
(g) any other prescribed matter.
(5) The Director must decide the application within 28 days of receiving
it.
(6) If, on the material in the application, the Director is not satisfied
as to the matters mentioned in subsection (3), he or she may in
writing:
(a) ask the applicant for further information on those matters;
and
(b) state a period within which the information is to be given to the
Director.
(7) If the Director asks for further information, the period starting on
the date of the request and ending when the further information is received is
not to be taken into account in determining the period of 28 days mentioned in
subsection (5).
(8) If the further information is not given to the Director within the
period mentioned in paragraph (6)(b), the application is taken to have been
withdrawn.
(9) If the application for an assessment certificate is a joint
application, the Director may grant a permit to any one or more of the
applicants applying under this section.
(10) If the Director decides to grant a permit, the permit is subject to
such conditions as are specified in the permit.
(11) The Director is to publish a notice of the grant of a permit in the
Chemical Gazette as soon as practicable.
(1) This section applies to a chemical if a person makes an application to
the Director under section 30A in respect of the chemical and, either before or
after that time, or at the same time, makes an application to the Minister under
section 30 in respect of the chemical.
(2) If this section applies to a chemical, any consideration, or if it has
already commenced, any further consideration, of an application under section 30
in respect of the chemical is deferred until the Director decides whether or not
to grant the application under section 30A in respect of the chemical.
(3) If the Director decides to grant the application under section 30A in
respect of a chemical, the application under section 30 in respect of the
chemical is taken to have been withdrawn when the Director notifies the
applicant of the decision.
(4) If the Director decides not to grant the application under section 30A
in respect of a chemical, the Minister must consider, or resume consideration
of, the application under section 30 as soon as practicable after the Director
notifies the applicant of the decision.
An application under section 30A may have with it an application in the
approved form that some or all of the information be treated as exempt
information.
(1) If:
(a) the Director grants a permit under section 30A; and
(b) he or she becomes aware of further information relating to any of the
matters mentioned in subsection 30A(3) or (4);
the Director must reconsider the decision to grant the permit and either
confirm or revoke it.
(2) If, following the reconsideration of the initial decision, the
Director decides to confirm the grant of the permit, he or she must also confirm
any conditions to which the permit was subject or vary those
conditions.
(3) If, following the reconsideration of the initial decision, the
Director decides to revoke the permit:
(a) he or she must notify the applicant of the revocation as soon as
possible; and
(b) the applicant must stop introducing the chemical as soon as the
applicant receives the notice.
(4) A person must not knowingly or recklessly contravene paragraph
(3)(b).
Penalty: 300 penalty units.
53 After subsection 31(2)
Insert:
(2A) If:
(a) the applicant for the assessment certificate also applies under
section 30A for a permit to introduce the chemical before the assessment report
is complete; and
(b) the Director requests further information to be given by the applicant
under subsection 30A(6);
then, the period starting on the date of that request and ending when the
further information is received is not to be taken into account in determining
the period of 90 days mentioned in subsection (2).
54 After paragraph 32(2)(b)
Insert:
(ba) any adverse effects on the environment or persons that the chemical
has the intrinsic capacity to cause;
(bb) the extent to which the environment, persons in a particular
occupation or the public will be exposed to the chemical;
55 Paragraphs 35(2)(a) and
(b)
Repeal the paragraphs, substitute:
(a) the name or names by which the chemical is known to the public and any
other name intended by the applicant to be the name by which the chemical is to
be known; and
(b) the name of the applicant for the assessment certificate for the
chemical; and
56 After subsection 35(2)
Insert:
(2A) Regulations made for the purposes of paragraph (2)(d) may prescribe
different information for different chemicals.
57 Subsection 38(5)
Repeal the subsection, substitute:
(5) The Director is to publish the assessment report by:
(a) subject to subsection (6), giving a copy of it to prescribed
authorities of the Commonwealth, the States and the Territories; and
(b) giving a copy of the full public report about the chemical to any
person that the Minister directs; and
(c) publishing the summary report (if any) about the chemical in the
Chemical Gazette.
58 After Division 3 of Part
3:
Insert:
(1) If an assessment certificate (the original certificate)
has been given for an industrial chemical, an importer or manufacturer of the
chemical who does not hold the original certificate may apply for extension of
the original certificate for the chemical to cover that importer or
manufacturer.
(2) 2 or more persons may make a joint application for extension of an
original certificate if each of them is a manufacturer or importer of the
chemical.
(3) If the application relates to any chemical, other than a synthetic
polymer of low concern, it must be accompanied by a statement of the matters set
out in clauses 1, 2, 3, 5, 11 and 12 of Part B of the Schedule.
(4) If the application relates to a synthetic polymer of low concern, it
must be accompanied by a copy of the form prescribed for the purposes of section
24A signed by the applicant or each applicant to indicate that the information
in the form is correct.
(5) An application in relation to any chemical must also be accompanied
by:
(a) a supplementary information statement in writing containing:
(i) if there has been a significant variation in matters affecting
occupational, environmental or public exposure as set out in the notification
statement that accompanied the application for the original certificate or as
set out in any additional information given under section 27 or 28 in respect of
the application for the original certificate—details of the variation;
and
(ii) any new information available to the applicant about the health and
environmental effects of the chemical; and
(iii) confirmation that the person has access to a copy of the full public
assessment report about the chemical; and
(b) the written agreement of the holder of the original certificate to the
extension of the certificate to cover the applicant or each applicant;
and
(c) a statement that the applicant or each applicant is entitled to use
and give the Director all the data in the statement; and
(d) the prescribed fee.
(6) For the purposes of subparagraph (5)(a)(ii), information is taken to
be available to the applicant if the applicant ought reasonably to have been
aware of the information having regard to the applicant’s abilities,
experience, qualifications and other attributes.
(1) If the supplementary information statement does not contain sufficient
information about a matter required under section 40A, the Director may give the
applicant written notice asking the applicant to give more information about the
matter to the Director within 28 days.
(2) The Director may give the applicant written notice asking the
applicant to give the Director specified information additional to the matters
required under section 40A within 28 days, if the Director considers
that:
(a) the information is needed to deal with the application; and
(b) the applicant can give the information.
(1) If an applicant for an extension of an original assessment certificate
becomes aware of additional information relevant to the application before the
certificate is given, the applicant must give the information to the Director as
soon as possible.
(2) A person is taken to become aware of information if the person ought
reasonably to have become aware of the information, having regard to the
person’s abilities, experience, qualifications and other
attributes.
(1) An application for an extension of an original assessment certificate
may include an application that specified information in the supplementary
information statement be treated as exempt under section 75.
(2) When giving information under section 40B or 40C, an applicant for
extension may apply for the information to be treated as exempt under section
75.
(1) Subject to subsection (2), the Director must, having regard
to:
(a) the application for extension of the original assessment certificate;
and
(b) if further information has been given either as a result of a notice
under section 40B or in compliance with subsection 40C(1)—that further
information;
prepare modifications of the original assessment report.
(2) The modifications of the original assessment report are to be made
within 45 days after:
(a) the day on which application for extension was made; or
(b) if information was required by a notice or notices under section
40B—the day on which the information required by the notice or notices was
given.
(3) As soon as is reasonably practicable after preparing the modifications
of the original assessment report, the Director must give to the holder of the
original assessment certificate and the applicant for extension:
(a) a copy of the modifications; and
(b) a notice setting out the terms of sections 40F and 40G.
(4) A copy of the modifications given under subsection (3) to the holder
of the original assessment certificate must not contain exempt
information.
(1) The holder of the original assessment certificate or the applicant for
extension may apply to the Director for variation of the
modifications.
(2) The application for variation of the modifications must be
made:
(a) within 14 days of the giving of the modifications; and
(b) in the approved form.
(3) The Director must consider the application for variation within 14
days of receiving it and:
(a) if satisfied that the modifications varied as requested would be
correct—vary the modifications as requested and inform the applicant of
the variations; or
(b) if not satisfied that the modifications varied as requested would be
correct—refuse the application for variations and give the applicant
written notice of the decision to refuse to make the variations.
(1) At the end of 28 days after giving the applicant for extension the
modifications and the notice under section 40E, the Director must publish the
modifications, or the modifications as varied under that section:
(a) by preparing and giving a copy of the original assessment report,
incorporating the modifications, or the modifications as so varied,
to:
(i) the prescribed authorities of the Commonwealth, the States and the
Territories; and
(ii) any person that the Minister directs; and
(b) by incorporating, to the extent required, the modifications or
modification as so varied, in the related full public report and summary report
(if any); and
(c) by publishing the related summary report (if any), incorporating the
modifications, or the modifications as so varied, in the Chemical
Gazette.
(2) Despite subsection (1), the Director must not publish the
modifications until:
(a) the applicant has consented in writing to the publication;
and
(b) the Director has made a decision about any application to vary the
modifications; and
(c) if the Director refuses an application to vary the
modifications—28 days after the Director gave notice of refusal of the
application; and
(d) if the Director refuses an application to vary the modifications and
the applicant applies to the Tribunal under section 102 for review of the
decision—the application for review has been finalised.
(3) Despite subsection (1), the Director must not publish the information
after the application has been withdrawn.
(4) A copy of the original assessment report or the related full public
report or summary report published under subsection (1) (other than under
subparagraph (1)(a)(i)) must not contain any exempt information.
(1) The Director must, as soon as possible and in any case, within 7 days
after publishing the modifications in the Chemical Gazette under section 40G,
give the applicant or each applicant an assessment certificate endorsed to
indicate that it is an extension of the original assessment
certificate.
(2) The certificate must contain the prescribed information.
(3) The certificate ceases to be in force when the chemical to which it
relates is included in the Inventory under section 14.
The applicant for an extension of the original assessment certificate may
withdraw the application by written notice given to the Director at any time
before the Director gives the certificate.
59 After subsection 43(4)
Insert:
(4A) The Minister may, in the notice of approval, state that a report of a
specified kind that is made under the foreign scheme is to be the approved
report in relation to the chemical for the purposes of paragraph
44(1)(b).
60 Paragraph 44(1)(b)
Repeal the paragraph, substitute:
(b) a copy of a report of the assessment of the chemical under the scheme
that is the approved report for the chemical under subsection 43(4A);
and
61 Subparagraph
44(1)(d)(iii)
Repeal the subparagraph, substitute:
(iii) no variation is proposed in the method of manufacture, use or
disposal of the chemical that could increase the risk of adverse health effects
or adverse environmental effects;
62 Before section 47 in Division 5 of Part
3
Insert:
63 Section 47
Omit “21(3), (d) or (e)”, substitute “21(3)(b), (d) or
(e) or subsection 21(4)”.
64 After section 47
Insert:
65 Sections 48 and 49
Repeal the sections, substitute:
(1) If the Director is considering whether to make a recommendation (or a
particular kind of recommendation) under section 50B for the declaration of an
industrial chemical as a priority existing chemical (whether or not the Director
has already identified that chemical), the Director may publish a notice in the
Chemical Gazette requiring information on any one or more of the following
matters to be given to the Director:
(a) specified information about a particular industrial
chemical;
(b) the names and quantities of industrial chemicals used by persons for a
specified purpose in a specified period;
(c) the names of industrial chemicals that are introduced by persons in
specified quantities in a specified period.
(2) The notice must expressly be directed to one or more of the following
person or persons:
(a) a specified person or persons whom the Director believes has or have
information described in the notice;
(b) all persons who introduce industrial chemicals for a specified purpose
or in a specified quantity in a specified period;
(c) if the notice specifies a particular industrial chemical which is the
subject of a proposed recommendation under section 50B—all persons who
introduce that chemical during the period beginning 12 months before the date of
the notice and ending at the end of the period specified under subsection
(4).
(3) The notice must require each person to whom it is directed to give the
Director information of a specified kind that is available to the person and
relevant to the recommendation.
Note: Subsection 33(3A) of the Acts Interpretation Act
1901 allows a notice to require different kinds of persons to give different
kinds of information.
(4) The notice must specify a period of at least 28 days for the person or
persons to whom it is directed to give information to the Director.
(5) For the purposes of subsections (1) and (2), a notice is taken to
specify a quantity if it specifies a range of quantities (including quantities
in a range that exceeds a specified quantity).
(6) If the Director knows the identity and address of a person to whom the
notice is directed (whether individually or as a member of a group), the
Director must send a copy of the notice to the person.
(7) A person must not contravene a notice unless he or she has a
reasonable excuse.
Penalty: 60 penalty units.
66 Section 50
Omit “49”, substitute “48”.
Note: The heading to section 50 is altered by omitting
“49” and substituting
“48”.
67 Sections 51, 52 and 53
Repeal the sections, substitute:
(1) Within 90 days after the day on which the last information required to
be given to the Director under a notice under section 48 is received, the
Director must prepare a summary of the information given to the Director as a
result of the notice.
(2) The summary must:
(a) include any information of a kind that is prescribed; and
(b) not contain any exempt information.
(3) If:
(a) the Director has refused an application under section 50 for
information given as a result of the notice under section 48 to be treated as
exempt information; and
(b) the applicant applies to the Tribunal under section 102 for review of
the decision;
the Director must, in spite of subsection (1), delay the preparation of the
summary until the application for review has been finalised.
(4) When the Director has prepared the summary, he or she must publish in
the Chemical Gazette a notice stating where a copy of the summary can be
obtained.
(1) The Director may recommend to the Minister that one or more industrial
chemicals be declared priority existing chemicals.
(2) The Director may make a recommendation only if he or she has
reasonable grounds for believing that the manufacture, handling, storage, use or
disposal of each industrial chemical covered by the recommendation gives rise,
or may give rise, to a risk of adverse health effects or adverse environmental
effects.
(3) A recommendation for a declaration must:
(a) specify whether the declaration should apply to the chemical generally
or only when it is:
(i) used for one or more specified purposes; or
(ii) manufactured, handled, stored or used in a specified geographical
area or in specified circumstances; and
(b) identify the matters that should be taken into account in preparing
the assessment report on the chemical and the information that should accompany
any application for an assessment of the chemical under Subdivision D.
(4) If the Director makes a single recommendation for the declaration of 2
or more industrial chemicals as priority existing chemicals, the Director must
also recommend whether the chemicals should be assessed together under
Subdivision D.
(1) If the Director has recommended that a chemical be declared a priority
existing chemical, the Minister may declare the chemical a priority existing
chemical by notice in the Chemical Gazette.
(2) The notice must specify, in respect of each chemical to which the
notice relates:
(a) whether the declaration applies to the chemical generally or only
when it is:
(i) used for one or more specified purposes; or
(ii) manufactured, handled, stored or used in a specified geographical
area or in specified circumstances; and
(b) whether an assessment of the chemical is to be:
(i) a preliminary assessment; or
(ii) a full assessment; and
(c) which of the matters specified in subsection (3) must be taken into
account in preparing the assessment report on the chemical; and
(d) the kind of information relating to each chemical that must accompany
an application for an assessment of the chemical; and
(e) if the notice relates to more than one chemical—whether the
declared chemicals are to be assessed together.
(3) Subject to subsections (4) and (5), a notice may require all or any of
the following matters to be taken into account in preparing the assessment
report on a chemical:
(a) the properties of the chemical;
(b) any use to which the chemical is intended to be, or is reasonably
likely to be, put;
(c) any adverse effects on the environment or persons which the chemical
has the intrinsic capacity to cause;
(d) the extent to which the environment, persons in a particular
occupation or the public will be exposed to the chemical;
(e) any risk to the health or safety of persons who, because of their
occupation, are engaged, or likely to be engaged, in the manufacture, handling,
storage, use or disposal of the chemical;
(f) any risk to the health or safety of likely consumers handling or using
the chemical or any product containing the chemical;
(g) any risk to the environment arising from the use of the chemical or
from the discharge of waste products resulting from the manufacture or use of
the chemical;
(h) the extent to which any risk referred to in this subsection is capable
of being reduced by compliance with:
(i) appropriate procedures relating to the manufacture, handling, storage,
use or disposal of the chemical; or
(ii) special requirements in the packaging or labelling of the chemical;
or
(iii) procedures relating to the control of, or the discharge into the
environment of, the chemical or waste products resulting from the manufacture or
use of the chemical;
(i) any other relevant information available to the Director.
(4) A notice specifying that an assessment of a chemical is to be a
preliminary assessment must require that only a matter or matters referred to in
paragraphs (3)(a) to (d) be taken into account in preparing an assessment report
on the chemical.
(5) A notice specifying that an assessment of a chemical is to be a full
assessment must require that at least one matter referred to in paragraphs
(3)(e) to (h) be taken into account in preparing an assessment report on the
chemical.
68 After subsection 54(2)
Insert:
(2A) A list kept under subsection (1) or (2) must show in relation to any
chemical on the list:
(a) whether the chemical was or is to be assessed as a priority existing
chemical with any other chemical; and
(b) any limitation specified under paragraph 51(2)(a) on the declaration
of a chemical; and
(c) whether assessment of the chemical was or is to be a preliminary
assessment or a full assessment.
69 After section 54
Insert:
70 Subsections 55(1) and
(2)
Omit “prescribed”, substitute “approved”.
71 Section 55
Add at the end:
(3) An application or late application for assessment of a priority
existing chemical must be accompanied by information of all the kinds specified
under paragraph 51(2)(d) in the notice declaring the chemical.
72 Section 56
Repeal the penalty, substitute:
Penalty: 300 penalty units.
73 Subsections 57(1) and
(2)
Omit “32”, substitute “60A”.
74 Subsections 57(3) and
(4)
Repeal the subsections.
75 Subsection 57(5)
Omit “and the report of it completed”, substitute “and a
draft report of the assessment to be completed under section
60C”.
76 Subsection 58(6)
Omit “or 52”.
77 Section 60
After “a chemical”, insert “with an application for its
assessment or”.
78 After section 60
Insert:
(1) The officer preparing the report of the preliminary assessment of a
priority existing chemical must determine the significance, for the making of a
determination described in subsection (2) in relation to that chemical, of each
of the matters required to be taken into account by the notice declaring the
chemical as a priority existing chemical.
(2) The officer preparing the report of the full assessment of a priority
existing chemical must determine the risk (if any) of adverse health effects,
safety effects or adverse environmental effects that could be caused
by:
(a) importation of the chemical (if it is proposed to import the
chemical); or
(b) manufacture of the chemical (if it is proposed to manufacture the
chemical in Australia); or
(c) the use, storage, handling or disposal of the chemical.
(3) In making a determination under subsection (1) or (2), the officer
must take into account the matters required to be taken into account by the
notice declaring the chemical as a priority existing chemical.
(1) An assessment report (whether it is a draft assessment report made
under section 60C or a final assessment report made under section 60F) must
include a summary of health, safety and environmental matters considered in the
assessment and such recommendations as may reasonably be made in relation to
each of the following matters:
(a) the content of a Material Safety Data Sheet in respect of the
chemical;
(b) the precautions and restrictions to be observed during the
importation, manufacture, handling, storage, use or disposal of the chemical to
protect persons exposed to the chemical;
(c) controls to limit emissions of the chemical into the environment,
including permissible concentrations in emissions of the chemical into the air
or water from a manufacturing plant or other facility;
(d) the packaging, labelling, handling or storage of the
chemical;
(e) the measures to be employed in emergencies involving the chemical to
minimise hazard to persons and damage to the environment;
(f) the uses of the chemical;
(g) the means of disposal of the chemical;
(h) the circumstances (if any) in which secondary notification of the
chemical is required;
(i) any prescribed matter.
(2) The assessment report (whether draft or final) must not contain exempt
information.
On completing an assessment of a priority existing chemical, the Director
must cause a draft report of the assessment to be prepared.
(1) As soon as is reasonably practicable after completion of the draft
assessment report about a priority existing chemical, the Director must give
each applicant for the assessment certificate for the chemical:
(a) a copy of the draft report; and
(b) a notice asking the applicant to notify the Director of any errors in
the draft report within 28 days.
(2) The Director must correct any errors notified by the
applicant.
(1) Within 56 days of giving the draft assessment report to each
applicant, the Director must:
(a) give a copy of the draft report with any corrections to each applicant
and to any person who has provided information for the assessment in response to
a notice under section 58; and
(b) publish a notice in the Chemical Gazette:
(i) describing the matters contained in the draft report; and
(ii) stating that the draft report has been given to each applicant and
person who provided information under section 58; and
(iii) describing how a person may obtain a copy of the draft report;
and
(iv) describing how a person may ask the Director to vary the draft
report.
(2) Within 28 days of the publication of the notice under subsection (1),
a person may request the Director, in the approved form, to vary the draft
report.
(3) The Director must make a decision about the variation within 56 days
after the publication of the notice under subsection (1).
(4) The Director must decide to vary the draft report as requested if he
or she is satisfied that the report, varied as requested, would be
correct.
(5) The Director must decide to refuse to vary the draft report as
requested if he or she is not satisfied that the report, varied as requested,
would be correct.
(6) If one, or more than one, request for a variation has been made under
subsection (2), the Director must, as soon as he or she has made a decision
concerning the request or concerning each such request:
(a) publish a notice in the Chemical Gazette:
(i) stating that a decision concerning the request or each request has
been made; and
(ii) describing how a person may otherwise obtain a copy of the decision
or each decision; and
(b) give a copy of the decision or each decision and a copy of the notice
to:
(i) each applicant for the assessment certificate for the chemical;
and
(ii) each person who made a request.
(1) If, within 28 days of the publication of the notice under subsection
60E(1), no person has asked the Director to vary the draft report, the Director
must prepare a final assessment report, and, for that purpose, the draft
assessment report, incorporating any corrections made under subsection 60D(2),
constitutes the final assessment report.
(2) Subject to subsection (3), if, within 28 days of the publication of
the notice under subsection 60E(1), the Director has been requested to vary the
draft assessment report, the Director must, as soon as practicable after the
Director has made a decision under section 60E concerning the request or
concerning each such request, prepare a final assessment report
incorporating:
(a) any corrections made under subsection 60D(2); and
(b) any variations made in respect of the request or requests.
(3) The Director must delay preparation of the final assessment report
under subsection (2):
(a) for 28 days after publishing under subsection 60E(6) the notice, or
the last notice, concerning a decision under subsection 60E(5); or
(b) if a person applies to the Tribunal under section 102 for review of
such a decision before the end of that period—until the application for
review is finalised.
(4) The Director must also cause a summary report of the final assessment
to be prepared.
(5) The summary report consists of:
(a) the name by which the chemical is known and any other name intended by
each applicant for the assessment certificate for the chemical to be the name by
which the chemical is to be known; and
(b) the name of each such applicant; and
(c) the address where copies of the final assessment report can be
obtained by members of the public; and
(d) any other prescribed information.
(6) The summary report must not contain any exempt information.
(7) The Director must publish the final assessment report by:
(a) giving a copy of it to any prescribed authorities of the Commonwealth,
the States or the Territories; and
(b) giving a copy of it to such other persons (if any) as the Minister
directs; and
(c) publishing the summary report in the Chemical Gazette.
(8) The Director may publish the final assessment report and the summary
report in such other ways as the Director considers appropriate.
79 Section 62
Repeal the section, substitute:
The publication under section 60F of a final assessment report about a
priority existing chemical revokes the declaration of the chemical under
subsection 51(1).
80 Subsection 75(1)
Omit “42,”, substitute “30A, 40D, 42,”.
81 After Part 3
Insert:
The purpose of this Part is to provide for the registration of certain
persons:
(a) who import, or propose to import, relevant industrial chemicals into
Australia; or
(b) who manufacture, or propose to manufacture, relevant industrial
chemicals in Australia; or
(c) who undertake, or propose to undertake, both of those
activities.
A person must not knowingly or recklessly introduce any relevant
industrial chemicals in a registration year if:
(a) those chemicals are of a value equal to or exceeding the threshold
value; or
(b) the person introduced, in the previous financial year, relevant
industrial chemicals of a value equal to or exceeding the threshold
value;
unless the person is registered in relation to that registration
year.
Penalty: 300 penalty units.
Note: There may be other restrictions on the introduction of
the chemical as well. See section 21 in relation to new industrial chemicals and
section 56 in relation to priority existing chemicals.
(1) There is established a register to be known as the Register of
Industrial Chemical Introducers.
(2) The Register is to be kept by the Director at a place and in a form
that the Director determines in writing.
(3) The Register may be kept by electronic means.
(4) The Director must ensure that the Register is available for inspection
by the public at times prescribed for the purposes of this subsection.
The Register must contain, in respect of each person
registered:
(a) the name and address of the person; and
(b) the person’s registration number; and
(c) such other information (other than confidential commercial information
concerning that person) as is prescribed.
(1) A person who is a registrable person in relation to a registration
year may apply to the Director to be registered in relation to that
year.
(2) The application may be made:
(a) by a person who introduced, in the previous financial year, relevant
industrial chemicals of a value exceeding the threshold value—not later
than 1 August before the start of the registration year concerned; or
(b) by any other person—at any time before or during the
registration year concerned.
An application for registration, in relation to a particular registration
year, must:
(a) be in the approved form; and
(b) contain the information required by the form including, but without
being limited to, information relating to relevant industrial chemicals (if any)
introduced by the applicant during the previous financial year; and
(c) be accompanied by the prescribed fee under section 110 in respect of
the application; and
(d) if the applicant wishes the application to be considered as a matter
of urgency—be accompanied by an urgent handling fee; and
(e) be accompanied by:
(i) a registration charge of $7,000, or, if another amount is prescribed
for the purpose of paragraph 80T(2)(b), that other amount, in relation to that
registration year; or
(ii) $1,200, or, if another amount is prescribed for the purposes of
paragraph 80T(2)(a), that other amount, paid on account of any registration
charge payable in relation to that registration year.
(1) The Director must grant an application, in relation to a registration
year, if he or she is satisfied that:
(a) the applicant is a registrable person in respect of that year;
and
(b) the application complies with section 80F.
(2) If the Director is not satisfied about those matters, the Director
must refuse the application.
(3) The Director must, by notice in writing, inform the applicant of the
grant or refusal and, in the case of a refusal:
(a) include in the notice a statement of the reasons for the refusal;
and
(b) pay to the applicant, on behalf of the Commonwealth, an amount equal
to the amount paid by the applicant as registration charge, or on account of
registration charge, payable in relation to the registration year.
Once the Director grants an application, he or she must:
(a) allot a registration number to the person; and
(b) enter the information mentioned in section 80D on the Register;
and
(c) issue a registration certificate to the person in relation to the
registration year to which the application relates.
(1) Subject to subsection (2), a person’s registration is in force
for the whole of the registration year to which it relates.
(2) Subject to the operation of paragraph 80K(4)(b), if a person becomes
registered in relation to a registration year after the start of that year, the
person’s registration is in force from the day on which the person’s
name is entered in the Register until the end of that year.
(1) A person who:
(a) is registered in relation to a particular registration year;
and
(b) on the facts as known to the person before the end of that
registration year, is a registrable person in relation to the next registration
year;
may, before the end of that first-mentioned registration year, apply for a
renewal of registration in relation to that next registration year.
(2) An application made during a particular registration year (the
current registration year) for renewal of the registration of a
person registered in relation to the current registration year in respect of the
next registration year must:
(a) subject to subsection (3), be made not later than 1 August in the
current registration year; and
(b) be in the approved form; and
(c) contain the information required by the form; and
(d) if any of the information previously given to the Director under
section 80F or this section is no longer accurate—contain the accurate
information; and
(e) be accompanied by the fee prescribed under section 110 in respect of
the renewal application; and
(f) be accompanied by:
(i) a registration charge of $7,000, or, if another amount is prescribed
for the purposes of paragraph 80T(2)(b), that other amount, in relation to the
next registration year; or
(ii) $1,200, or, if another amount is prescribed for the purposes of
paragraph 80T(2)(a), that other amount, paid on account of any registration
charge payable in relation to the next registration year.
(3) If the person registered in relation to a particular registration year
applies for the renewal of his or her registration after 1 August of that
registration year but before the start of the next registration year:
(a) the person may pay a fee prescribed under section 110 in respect of
the urgent handling of the application in addition to the fee prescribed under
that section in respect of the renewal application; and
(b) if the person pays an urgent handling fee but the Director does not
grant or refuse the renewal application before the start of that next
registration year—the person’s registration is treated as continuing
in force, in relation to that next registration year, until the Director grants
or refuses the renewal application.
(4) The Director must, in relation to a person registered in relation to a
registration year, grant the application for renewal of that registration if he
or she is satisfied that:
(a) the applicant is a registrable person in respect of the next
registration year; and
(b) the application complies with the requirements of subsections (1), (2)
and (3).
(5) If the Director is not so satisfied about those matters, the Director
must refuse the application for renewal.
(6) The Director must, by notice in writing, inform the applicant of the
grant or refusal and, in the case of a refusal:
(a) include in the notice a statement of the reasons for the refusal;
and
(b) pay to the applicant for renewal, on behalf of the Commonwealth, an
amount equal to the amount paid by the applicant as registration charge, or on
account of registration charge, payable in relation to the registration year to
which the application for renewal relates.
(7) If:
(a) the person’s registration in relation to a registration year
stops being in force at the end of that year; and
(b) after the start of the next registration year, the person applies to
be registered in relation to that next registration year;
that application for registration is a fresh application in relation to
that next registration year and must be dealt with in accordance with sections
80F, 80G, 80H and 80J.
(1) An applicant may withdraw his or her application for registration or
renewal of registration at any time before the application has been
decided.
(2) The withdrawal must be by written notice to the Director.
(3) If a person withdraws an application for registration or renewal of
registration, the Director must pay to the person, on behalf of the
Commonwealth, an amount equal to the amount paid as registration charge, or on
account of registration charge, payable in relation to that registration or
renewal.
Subject to section 80N, the Director must deal with an application for
registration or renewal of registration as soon as practicable but, in any
case:
(a) unless paragraph (b) applies—within 30 days after receipt of the
application; or
(b) if the applicant paid an urgent handling fee—within 7 days after
payment of that fee.
(1) If the Director is satisfied that, for a proper consideration of an
application for registration or renewal, further information is required, he or
she may, by notice in writing given to the applicant, require the applicant to
provide the further information within a period specified in the
notice.
(2) In working out the period of 30 days or 7 days referred to in section
80M, the period starting with the giving of that notice and ending with the
provision of:
(a) the further information; or
(b) an explanation why that further information cannot be
provided;
must be disregarded.
(3) If the applicant fails either to provide that further information or
to explain why that further information cannot be provided within the period
allowed for providing that further information, the application is taken to have
been withdrawn at the end of that period.
(1) The Director must cancel a person’s registration in relation to
a particular registration year if the person’s name was entered on the
Register by mistake.
(2) The Director may correct the Register if he or she is satisfied that
any particulars recorded in relation to a person whose name was entered on the
Register were recorded in error.
(3) If, at any time during or after the end of a registration year, the
Director becomes satisfied for any reason that a person registered in relation
to that year will not, or did not, during that year, introduce chemicals of a
value equal to or exceeding the threshold value, the Director must:
(a) endorse the Register with a notation stating that he or she is so
satisfied and indicating the reason for being so satisfied; and
(b) if the Director had issued an assessment under paragraph
80QA(1)(a)—in the exercise of the power under section 80QB, make a fresh
assessment to the effect that registration charge is not payable by that person
in respect of that year; and
(c) whether an assessment under paragraph 80QA(1)(a) had been issued or
not and unless the person is a body corporate that has ceased to exist because
of a takeover or a merger—pay to the person, on behalf of the
Commonwealth, an amount equal to the amount paid as registration charge, or on
account of registration charge, payable in relation to the registration
year.
(4) It is a condition of registration that if a person who is registered
in relation to a registration year considers that, for any reason, it is
unlikely that the person will be a registrable person in relation to the next
registration year, the person must inform the Director in writing to that effect
as soon as possible.
(5) Compliance with the condition set out in subsection (4) in relation to
a particular registration year does not prevent a person later seeking
registration in relation to that registration year.
(1) A person who, under subparagraph 80F(e)(ii), has paid an amount on
account of the registration charge payable in relation to a registration year
must, within 2 months after the end of that registration year or such longer
period as the Director allows, give the Director a written statement in the
approved form indicating the value of the relevant industrial chemicals actually
introduced by the person in that year.
(2) A person must not, without reasonable excuse, refuse or fail to comply
with subsection (1).
Penalty: 30 penalty units.
(1) On the basis of the statement provided under subsection 80Q(1) by a
person registered in relation to a registration year and of any other relevant
information that is available to the Director, the Director must issue an
assessment in writing setting out:
(a) if registration charge is payable by that person in relation to that
year—the amount of charge so payable; and
(b) if registration charge is not payable by that person in relation to
that year—a statement to that effect.
(2) The assessment issued in respect of a person and a registration year
must record the amount paid on account of registration charge in relation to
that year.
(3) If registration charge is payable in relation to a registration year,
any amount paid on account of that charge is, by force of this subsection,
applied in satisfaction of that charge.
(4) If the amount of registration charge payable by a person in relation
to a registration year exceeds the amount paid on account of that charge, the
person is required to pay an amount of charge equal to the amount of the
excess.
(5) In the circumstances referred to in subsection (4):
(a) the assessment must set out a date (which may not be earlier than 28
days after the day the assessment is given) by which charge equal to the amount
of the excess referred to in that subsection is required to be paid by the
person to whom the assessment relates; and
(b) if that amount is not so paid within that period—it may be
recovered from that person as a debt due to the Commonwealth.
(6) An assessment is taken to be a decision for the purpose of the
Administrative Appeals Tribunal Act 1975.
(7) The production of an assessment, or of a document purporting to be an
assessment, signed by the Director or a delegate of the Director, is conclusive
evidence:
(a) of the due making of the assessment; and
(b) except in proceedings under section 80QC on a review or appeal
relating to the assessment—that the amounts specified in the assessment
and all the particulars of the assessment are correct.
(1) Subject to subsection (2), if the Director is satisfied that an
assessment made under section 80QA is incorrect, the Director may make a fresh
assessment under that section in substitution for the original assessment,
whether or not registration charge has been fully paid in respect of the
original assessment.
(2) A fresh assessment may:
(a) if the original assessment was based on false or misleading
information given to the Director—be made at any time; or
(b) otherwise—be made only within 4 years from the day on which
charge became payable under the original assessment.
(1) A person who receives an assessment made by the Director may, by
written notice given to the Director within 21 days after the day on which the
person first received the assessment or such longer period that the Director
allows, request the Director to reconsider the assessment.
(2) The person must set out in the request reasons for making the
request.
(3) Upon receipt of the request, the Director must reconsider the
assessment and, subject to subsection (4), may confirm or revoke the assessment
or vary the assessment in any manner that he or she thinks fit.
(4) If the Director does not confirm, revoke or vary an assessment within
21 days after the day he or she received the request under subsection (1) to
reconsider the assessment, he or she is taken, at the end of that period, to
have confirmed the assessment under subsection (3).
(5) If the Director confirms, revokes or varies an assessment before the
end of the period referred to in subsection (4), the Director must, by written
notice given to the person making the request, tell the person the result of the
reconsideration of the assessment and the reasons for confirming, varying or
revoking the assessment, as the case may be.
(6) A failure to comply with subsection (5) does not affect the validity
of the confirmation, revocation or variation.
(7) Applications may be made to the Administrative Appeals Tribunal for
review of assessments of the Director that have been confirmed or varied under
subsection (3).
(8) If an assessment is taken, because of subsection (4), to be confirmed,
section 29 of the Administrative Appeals Tribunal Act 1975 applies as if
the prescribed time for making application for review of the assessment were the
period beginning on the day on which the assessment is taken to be confirmed and
ending on the 28th day after that day.
(9) If a request is made under subsection (1) in respect of an assessment,
section 41 of the Administrative Appeals Tribunal Act 1975 applies as if
the making of the request were the making of an application to the
Administrative Appeals Tribunal for a review of the assessment.
If:
(a) a person makes an application for registration in relation to a
registration year and pays $1,200, or, if another amount is prescribed for the
purposes of paragraph 80T(2)(a), that other amount, on account of any
registration charge payable in relation to that year; and
(b) the Director grants that application;
the person must retain, for 5 years after the end of that registration
year, such records relating to the introduction of industrial chemicals in that
year (whether introduced before, on or after, the day of grant of the
application) as are necessary to work out the amount of registration charge
payable by the person in relation to that year under paragraph 80T(2)(a) or
(b).
Penalty: 30 penalty units
(1) Except as set out in subsections (2), (3) and (4), the registration of
a person is not transferable.
(2) If a registered person dies, the legal personal representative of the
person’s estate becomes the registered person for the purposes of this
Act.
(3) If a registered person becomes bankrupt, the trustee of the estate of
the bankrupt becomes the registered person for the purposes of this
Act.
(4) If a body corporate that is registered is being wound up, the person
appointed to be the liquidator of the body corporate becomes the registered
person for the purposes of this Act.
(5) If a person becomes a registered person because of the operation of
subsection (2), (3) or (4), the person must, as soon as practicable, give the
Director notice in writing:
(a) that the person is registered; and
(b) of the reason why the person became registered;
so that the Register can be appropriately updated.
(6) If:
(a) a body corporate appearing on the Register is taken over by another
person (whether or not appearing on the Register); and
(b) as a result of that takeover the body corporate ceases to
exist;
that other person must notify the Director of particulars of the takeover
within 7 days after the takeover takes effect.
(7) If a body corporate appearing on the Register and another body
corporate (whether or not appearing on the Register) merge to form a new body
corporate, the new body corporate must notify the Director of the merger within
7 days of its taking effect.
A person to whom registration is granted in relation to a particular
registration year (whether by way of original application or renewal) is liable
to pay a charge on the registration imposed:
(a) so far as it is a duty of customs within the meaning of section 55 of
the Constitution—by the Industrial Chemicals (Registration
Charge—Customs) Act 1997; and
(b) so far as it is a duty of excise within the meaning of section 55 of
the Constitution—by the Industrial Chemicals (Registration
Charge—Excise) Act 1997; and
(c) so far as it is neither a duty of customs nor a duty of excise within
the meaning of section 55 of the Constitution—by the Industrial
Chemicals (Registration Charge—General) Act 1997.
(1) The rate of registration charge payable by a registrable person in
relation to a registration year is an amount worked out in accordance with
subsection (2).
(2) The registration charge payable by a registrable person in relation to
a financial year is:
(a) if, under subparagraph 80F(e)(ii), the registrable person has paid an
amount on account of registration charge in relation to the registration year
and the value of the chemicals introduced in that year exceeds $500,000 but is
less than $5,000,000—$1,200, or, if a lesser amount is prescribed for the
purposes of this paragraph, that other amount; and
(b) if, under subparagraph 80F(e)(ii), the registrable person has paid an
amount on account of registration charge in relation to the registration year
and the value of the chemicals introduced in that year is equal to, or exceeds,
$5,000,000—$7,000, or, if a lesser amount is prescribed for the purposes
of this paragraph, that other amount; and
(c) in any other case—$7,000, or, if a lesser amount is prescribed
for the purpose of paragraph (b), that other amount.
The regulations may make provision:
(a) for the waiver by the Director of registration charges payable by a
person; and
(b) for the remission by the Director of the whole or a part of
registration charges otherwise payable by a person;
in circumstances identified in the regulations.
(1) If:
(a) the Director reasonably believes that a person may be a registrable
person in relation to a particular registration year; and
(b) the person is not or was not registered in relation to that
registration year;
the Director may, by written notice, require the person to give the
Director any information relating to the introduction by that person of relevant
industrial chemicals during the period specified in the notice.
(2) The Director may, by written notice, require a registered person to
give to the Director any information relating to the introduction by that person
of relevant industrial chemicals during the period specified in the
notice.
(3) A person must not, without reasonable excuse, refuse or fail to comply
with a notice given to the person under this section.
Penalty: 30 penalty units
The Director must use his or her best endeavours to ensure that, during
any registration year in relation to which a person is registered, a copy of
each issue of the Chemical Gazette published in that year is provided to that
person.
82 Division 1 of Part 4
(heading)
Repeal the heading, substitute:
83 At the end of Division 1 of Part
4
Add:
Registration charge that is due and payable is a debt due to the
Commonwealth and may be recovered in a court of competent
jurisdiction.
84 Paragraph 102(1)(b)
Omit “19(8)”, substitute “18A(2) or
19(9)”.
85 Paragraph 102(1)(b)
After “19(8),”, insert “20AA(6),”.
86 Paragraph 102(1)(b)
Omit “or 28(2)”, substitute “, 28(2), 30A(3) or
30C(1)”.
87 Paragraph 102(1)(b)
Omit “44(1)(d) or (2)(b), section 52,”, substitute
“40F(3)(b) or 44(1)(d) or (2)(b)”.
88 Paragraph 102(1)(b)
After “subsection 58(3)”, insert “or
60E(5)”.
89 Paragraph 102(1)(b)
Omit “or paragraph 79(a)”, substitute “, paragraph 79(a)
or subsection 80G(2), 80K(5), 80Q(1), 80QA(1) or 80QC(1) or
(3)”.
90 After section 104:
Insert:
The Director may, by signed instrument, delegate to a person holding or
performing the duties of an office of Senior Officer Grade A, B or C all or any
of the Director’s functions or powers under this Act, other than those
under subsection 14(4), 17(4) or 19(8) or (9), section 24 or 30A, subsection
37(2), section 38, 44, 50B, 60E or 60F or this section.
91 Subsection 106(1)
Repeal the subsection, substitute:
(1) If an industrial chemical:
(a) is the subject of a prescribed international agreement to which
Australia is a party; or
(b) is the subject of a prescribed international arrangement that provides
for countries to ban, restrict or otherwise regulate the introduction or export
of the chemical for the purposes of protecting the environment, public health or
occupational health and safety;
the regulations may prohibit the introduction or export of the chemical,
either absolutely or subject to such conditions or restrictions as are
prescribed.
92 Subparagraph 106(2)(a)(i) and paragraph
106(4)(a)
After “agreement”, insert “or
arrangement”.
Note: The heading to section 106 is altered by omitting
“obligations” and substituting “agreements or
arrangements”.
93 Paragraph 110(1)(c)
Repeal the paragraph, substitute:
(c) an application under subsection 18A(1);
(caaa) a statement under subsection 19(6);
94 Paragraph 110(1)(g)
Omit “21P, 25, 29,”, substitute “21P, 21ZB, 25, 29, 30A,
40D,”.
95 After paragraph
110(1)(h)
Insert:
(ha) an application under section 30A for an early introduction
permit;
96 After paragraph
110(1)(k)
Insert:
(ka) an application under section 40A for extension of an original
assessment certificate;
97 After paragraph
110(1)(u)
Insert:
(ua) an application for registration under subsection 80F(1);
(ub) an application for renewal of registration under subsection
80K(2);
(uc) an application under subsection 80K(3) for the urgent handling of an
application for renewal of registration;
98 Paragraphs 110(1)(q) and
(r)
Repeal the paragraphs.
99 Clause 3 of Part A of the
Schedule
Repeal the clause, substitute:
|
3. |
Summary of how the chemical meets the definition of hazardous
substance |
|
4. |
Details of any notification made in relation to the chemical in a country
other than Australia. |
|
5. |
Bibliography of the publications referred to in the statement. |
Part
2—Application, saving and transitional provisions
100 Application of amendments made by items 13,
14 and 23
The amendments of the Industrial Chemicals (Notification and Assessment)
Act 1989 made by items 13, 14 and 23 do not apply in relation to an
application made under that Act as in force before those items come into force
for an assessment of a monomer or polymer, or in relation to an assessment made
as a result of such an application.
101 Application
The amendment made by item 48 does not apply to applications made before
the item commenced.
102 Transitional—previous applications for
permits
Any application made under subsection 30(1) of the Industrial Chemicals
(Notification and Assessment) Act 1989 that had been made, but not
determined, before item 51 comes into force, may continue to be dealt with as if
it were an application made under subsection 30(1) of that Act as amended by
that item.
103 Application of the amendments made by items
67 to 80 and item 88
(1) The amendments of the Industrial Chemicals (Notification and
Assessment) Act 1989 made by items 67 to 80 and item 88 apply only to
chemicals that are declared by the Minister to be priority existing chemicals
under section 51 of that Act as amended by those items on or after the day when
those items come into force.
(2) So far as concerns chemicals that were declared by the Minister to be
priority existing chemicals under section 51 of that Act as in force at any time
before the day items 67 to 80 and item 88 come into force, the provisions of
that Act as in force immediately before that day continue to apply as if the
amendments made by those items had not been made.
104 Saving of existing
regulations
Any regulations made for the purposes of subsection 106(1) of the
Industrial Chemicals (Notification and Assessment) Act 1989 as in force
immediately before item 91 comes into force continue in force on and after that
item comes into force as if they had been made for the purposes of subsection
106(1) of that Act as amended by that item.
105 Saving provision—regulations relating
to applications under section 30
Any regulations made under paragraph 110(1)(h) of the Industrial
Chemicals (Notification and Assessment) Act 1989 as in force immediately
before item 51 comes into force continue in force, on and after that item comes
into force, as if the regulations had been made, in relation to an application
under section 30 of that Act as amended by that item.
106 Application of amendment of the
Schedule
The amendment of the Schedule to the Industrial Chemicals (Notification
and Assessment) Act 1989 made by item 99 does not apply in relation to an
application for assessment of a chemical made under that Act as in force before
that item comes into force.
1 After section 58
Insert:
(1) There are also payable to the Commission amounts equal to:
(a) any amount of registration charge or amount on account of registration
charge paid under section 80F or 80K of the Industrial Chemicals
(Notification and Assessment Act 1989; and
(b) any registration charge actually paid on an assessment under section
80QA of that Act or on a reconsideration or review of such an
assessment.
(2) Amounts payable under subsection (1) are available for application by
the Commission only for the purposes of:
(a) enabling the Director of Chemicals Notification and Assessment to
perform functions under the Industrial Chemicals (Notification and
Assessment) Act 1989; and
(b) enabling the Director to make payments, on behalf of the Commonwealth,
under Part 3A of the Industrial Chemicals (Notification and Assessment) Act
1989.
(3) The Minister for Finance may give directions as to the amounts in
which, and times at which, money referred to in subsection (1) is to be paid to
the Commission.
(4) Amounts payable to the Commission under subsection (1) are payable out
of the Consolidated Revenue Fund, which is appropriated accordingly.
2 Section 59
After “upon trust”, insert “, or for application as
described in subsection 58A(2),”.