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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Industrial Chemicals (Notification and
Assessment) Amendment Bill 2017
No. , 2017
(Health)
A Bill for an Act to amend the Industrial Chemicals
(Notification and Assessment) Act 1989, and for
related purposes
No. , 2017
Industrial Chemicals (Notification and Assessment) Amendment Bill
2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Amendments
4
Industrial Chemicals (Notification and Assessment) Act 1989
4
No. , 2017
Industrial Chemicals (Notification and Assessment) Amendment Bill
2017
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 is the Industrial Chemicals (Notification and Assessment)
6
Amendment Act 2017.
7
2 Commencement
8
(1) Each provision of this Act specified in column 1 of the table
9
commences, or is taken to have commenced, in accordance with
10
column 2 of the table. Any other statement in column 2 has effect
11
according to its terms.
12
2
Industrial Chemicals (Notification and Assessment) Amendment Bill
2017
No. , 2017
1
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1
The latest of the following:
(a) 1 July 2017;
(b) the day this Act receives the Royal
Assent;
(c) the day the Industrial Chemicals Act
2017 receives the Royal Assent;
(d) the day the Industrial Chemicals
Charges (Customs) Act 2017 receives the
Royal Assent;
(e) the day the Industrial Chemicals Charges
(Excise) Act 2017 receives the Royal
Assent;
(f) the day the Industrial Chemicals Charges
(General) Act 2017 receives the Royal
Assent.
However, the provisions do not commence
at all if the events mentioned in
paragraphs (c) to (f) do not occur.
Note:
This table relates only to the provisions of this Act as originally
2
enacted. It will not be amended to deal with any later amendments of
3
this Act.
4
(2) Any information in column 3 of the table is not part of this Act.
5
Information may be inserted in this column, or information in it
6
may be edited, in any published version of this Act.
7
3 Schedules
8
Legislation that is specified in a Schedule to this Act is amended or
9
repealed as set out in the applicable items in the Schedule
10
No. , 2017
Industrial Chemicals (Notification and Assessment) Amendment Bill
2017
3
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Schedule 1 Amendments
4
Industrial Chemicals (Notification and Assessment) Amendment Bill
2017
No. , 2017
Schedule 1--Amendments
1
2
Industrial Chemicals (Notification and Assessment) Act 1989
3
1 Subsection 5(1) (definition of new synthetic polymer)
4
Repeal the definition, substitute:
5
new synthetic polymer means:
6
(a) a synthetic polymer that includes a combination of monomers
7
and other reactive components each representing greater than
8
2% by weight, being a combination not listed in the
9
Inventory; or
10
(b) a synthetic polymer of whose weight greater than 2% is
11
attributable to a monomer or other reactive component that is
12
not listed in the Inventory as a component of a synthetic
13
polymer.
14
2 Subsection 5(1) (definition of polymer of low concern)
15
Repeal the definition, substitute:
16
polymer of low concern means a polymer that:
17
(a) either:
18
(i) has a number average molecular weight that is greater
19
than or equal to 1,000 and has such other characteristics
20
relating to weight as are prescribed by the regulations;
21
or
22
(ii) is made from a prescribed reactant and has molecules
23
that contain 2 or more carboxylic acid ester linkages,
24
one or more of which links internal monomer units
25
together; and
26
(b) has a low charge density, within the meaning prescribed by
27
the regulations; and
28
(c) is not a hazardous chemical; and
29
(d) does not dissociate readily, within the meaning prescribed by
30
the regulations; and
31
(e) under the conditions in which it is used is stable, within the
32
meaning prescribed by the regulations; and
33
Amendments Schedule 1
No. , 2017
Industrial Chemicals (Notification and Assessment) Amendment Bill
2017
5
(f) has such other characteristics as are prescribed by the
1
regulations.
2
3 At the end of subsection 21(6)
3
Add:
4
; (d) a new industrial chemical:
5
(i) that is a polymer of low concern; and
6
(ii) whose introduction meets any requirements, prescribed
7
in regulations for the purposes of this subparagraph,
8
relating to its introduction.
9
4 Subsection 21L(1) (note)
10
Repeal the note.
11
5 Section 40N
12
Repeal the section.
13
6 Section 80Q
14
Repeal the section.
15
7 Subsection 80QA(1)
16
Repeal the subsection, substitute:
17
(1AA) This section applies in relation to a person who has paid an amount
18
on account of the registration charge payable in relation to a
19
registration year under any of the following:
20
(a) subparagraph 80F(d)(i) or (ii);
21
(b) subparagraph 80KA(1)(e)(i) or (ii);
22
(c) subparagraph 80KB(2)(c)(i) or (ii).
23
(1) The Director must, on the basis of any relevant information that is
24
available to the Director, issue an assessment of registration charge
25
payable by a person in relation to the registration year.
26
(1A) The assessment must be in writing and set out the following:
27
(a) if registration charge is payable by the person in relation to
28
the year--the amount of charge so payable;
29
(b) if registration charge is not payable by the person in relation
30
to the year--a statement to that effect;
31
Schedule 1 Amendments
6
Industrial Chemicals (Notification and Assessment) Amendment Bill
2017
No. , 2017
(c) if registration charge is payable by the person in relation to
1
the year but the person is entitled to be repaid the charge
2
under subsection 80P(3)--the amount of the charge so
3
payable and the amount of the repayment.
4
(1B) If the Director is satisfied that further information is required to
5
issue the assessment, he or she may, by written notice given to the
6
person, require the person to:
7
(a) provide the further information; and
8
(b) do so within a period specified in the notice (which must be
9
at least 28 days after the day the notice is given).
10
8 Paragraph 102(1)(b)
11
Omit "80Q(1),".
12
9 Application
--polymer of low concern
13
The amendment of the definition of polymer of low concern in
14
subsection 5(1) of the Industrial Chemicals (Notification and
15
Assessment) Act 1989 made by this Schedule applies in relation to
16
industrial chemicals that are introduced on or after the day this item
17
commences.
18
10 Savings
--regulations
19
(1)
This item applies to regulations if:
20
(a) the regulations were made for the purposes of the definition
21
of polymer of low concern in subsection 5(1) of the
22
Industrial Chemicals (Notification and Assessment) Act
23
1989; and
24
(b) the regulations were in force immediately before the day this
25
item commences.
26
(2)
On and after that day, the regulations continue in force, and may be
27
dealt with, as if the regulations had been made under that definition as
28
amended by this Schedule.
29
Amendments Schedule 1
No. , 2017
Industrial Chemicals (Notification and Assessment) Amendment Bill
2017
7
11 Application
--assessment of registration charge by
1
Director
2
The amendments of section 80QA of the Industrial Chemicals
3
(Notification and Assessment) Act 1989 made by this Schedule apply in
4
relation to an assessment issued on or after the day this item
5
commences.
6
12 Application
--review of decisions
7
Despite the amendments made by this Schedule, section 102 of the
8
Industrial Chemicals (Notification and Assessment) Act 1989, as in
9
force immediately before the day this item commences, continues to
10
apply in relation to decisions made by the Director before that day for
11
the purposes of subsection 80Q(1), as if those amendments had not been
12
made.
13