Commonwealth Consolidated Acts Commonwealth Consolidated ActsNo. 12, 2019
Compilation No. 6
Compilation date: 14 October 2024
Includes amendments: Act No. 39, 2024
About this compilation
This compilation
This is a compilation of the Industrial Chemicals Act 2019 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
Part 1--Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Alternative constitutional basis for this Act
5 Extension to external Territories
6 Relationship to other laws
7 Objects of this Act
8 Simplified outline of this Act
10 Definition of industrial chemical
11 Application of this Act to excluded introductions
Part 2--Registration of industrial chemical introducers
Division 1--Simplified outline of this Part
12 Simplified outline of this Part
Division 2--Registration
13 Introducers must be registered
14 Establishment of Register
15 Content of Register
16 Applying for registration
17 Grant of registration
18 Correction of register
19 Cancellation of registration
Division 3--Registration charge
21 Amount of registration charge
22 Other matters relating to registration charge
Part 3--Categorisation and assessment of industrial chemicals
Division 1--Simplified outline of this Part
23 Simplified outline of this Part
Division 2--Introduction categories
24 Introductions must be authorised
25 Listed introductions
28 Assessed introductions
29 Commercial evaluation introductions
30 Exceptional circumstances introductions
Division 3--Assessment certificates
Subdivision A--Obtaining a certificate
31 Applying for a certificate
32 Executive Director must consider application
33 Executive Director may request further information
34 Consultation with prescribed bodies
35 Consultation with Gene Technology Regulator
36 Submissions on draft assessment statement
37 Issue of certificate and assessment statement
38 Content of certificate
39 When certificate is in force
Subdivision B--Changes to certificate holders or persons covered by a certificate
40 Applying to change persons covered
41 Applying to change certificate holders
42 Changing certificate holders on Executive Director's initiative
Subdivision C--Varying the terms of an assessment certificate
43 Applying for a variation of the terms of an assessment certificate
44 Executive Director must consider application
45 Executive Director may request further information
46 Consultation with prescribed bodies
47 Consultation with Gene Technology Regulator
48 Submissions on draft assessment statement
49 Issue of varied assessment certificate and assessment statement
50 Variations on Executive Director's initiative
Subdivision D--Cancelling an assessment certificate
51 Applying to cancel a certificate
52 Cancelling on Executive Director's initiative
Division 4--Commercial evaluation authorisations
Subdivision A--Obtaining an authorisation
53 Applying for an authorisation
54 Executive Director must consider application
55 Executive Director may request further information
56 Consultation with prescribed bodies
57 Consultation with Gene Technology Regulator
58 Issue of authorisation
59 Content of authorisation
Subdivision B--Changing authorisation holders
60 Applying to change authorisation holders
61 Changing authorisation holders on Executive Director's initiative
Subdivision C--Varying the terms of an authorisation
62 Applying for a variation of the terms of an authorisation
63 Issue of varied authorisation
64 Variations on Executive Director's initiative
Subdivision D--Cancelling an authorisation
65 Applying to cancel an authorisation
66 Cancelling on Executive Director's initiative
Division 5--Exceptional circumstances authorisations
67 Exceptional circumstances authorisations
Part 4--Evaluations initiated by Executive Director
Division 1--Simplified outline of this Part
68 Simplified outline of this Part
Division 2--Evaluations of introductions authorised by an assessment certificate
69 Executive Director may initiate evaluation
70 Executive Director may require information
71 Consultation with prescribed bodies
72 Submissions on draft evaluation statement
73 Issue of evaluation statement
Division 3--Evaluations of other introductions or matters
74 Executive Director may initiate evaluation
75 Consultation to inform evaluation
76 Executive Director may require information
77 Person must comply with requirement to provide information
78 Issue of evaluation statement
Part 5--Australian Inventory of Industrial Chemicals
Division 1--Simplified outline of this Part
79 Simplified outline of this Part
Division 2--Establishment and contents of Inventory
80 Establishment of the Inventory
81 Contents of the Inventory
Division 3--Inclusion of industrial chemicals on Inventory
82 Listing on Inventory after 5 years
83 Listing on Inventory before 5 years
84 Listing on Inventory in other circumstances
Division 4--Varying the Inventory
Subdivision A--Variation on Executive Director's initiative and variation relating to subsequent assessment certificates
85 Minor variations
86 Variations following an evaluation by the Executive Director
87 Variations relating to subsequent assessment certificates
Subdivision B--Variation on application
88 Applying for variation of listing
89 Executive Director must consider application
90 Executive Director may request further information
91 Consultation with prescribed bodies
92 Consultation with Gene Technology Regulator
93 Decision on application
Subdivision C--Variation following revocation of confidential business information approval
94 Variation following revocation of confidential business information approval
Subdivision D--Removing listed industrial chemicals
95 Removing listed industrial chemicals
Part 6--Information, reporting and confidentiality
Division 1--Simplified outline of this Part
96 Simplified outline of this Part
Division 2--Reporting
96A Post-introduction declarations for exempted introductions
97 Pre-introduction reports for reported introductions
98 Varying the terms of a pre-introduction report
99 Annual declaration for all introduction categories
100 Obligation to report information about hazards
101 Specific obligations to provide information
Division 3--Record keeping and information gathering
102 Information required to demonstrate categorisation
103 Ban on animal test data for determining category for cosmetics
104 Record keeping for all categories
Division 4--Confidentiality and disclosure
Subdivision A--Confidentiality of proper name or end use in certain circumstances
105 Applying for protection
106 Executive Director may request further information
107 Consultation with prescribed bodies
108 Decision on application
109 When an AACN or generalised end use must be used
110 Notice of review of protection
111 Applying for continued protection
Subdivision B--Confidentiality of information in other circumstances
112 Providing notice of intention to apply for protection
113 Notice of intention to publish information must be given
113A Executive Director may request further information
114 Decision on application
Subdivision C--Disclosure of information
115 Disclosing information
116 Disclosure in the course of exercising powers, or performing functions or duties
117 Disclosure to certain other entities
118 Disclosure with consent
119 Disclosure of publicly available information
120 Disclosure to a bona fide introducer
121 Disclosure to person to whom protected information relates
122 Disclosure to person from whom protected information was obtained
123 Disclosure to a Court, tribunal etc.
124 Disclosure for the purposes of law enforcement
125 Disclosure to reduce serious risk to public health
126 Disclosure to reduce serious risk to the environment
Part 7--Enforcement
Division 1--Simplified outline of this Part
127 Simplified outline of this Part
Division 2--Monitoring and investigation powers
128 Monitoring powers
129 Investigation powers
Division 3--Civil penalty provisions, infringement notices and injunctions
131 Infringement notices
132 Enforceable undertakings
133 Injunctions
134 Extension to external Territories
Division 4--Miscellaneous
135 Physical elements of offences
136 Contravening an offence provision or a civil penalty provision
137 Appointment of authorised inspectors
138 Delegations by relevant chief executive
Part 8--Administration
Division 1--Simplified outline of this Part
139 Simplified outline of this Part
Division 2--Australian Industrial Chemicals Introduction Scheme and the Executive Director
140 Australian Industrial Chemicals Introduction Scheme
142 Functions of Executive Director
Division 3--Appointment of the Executive Director
143 Appointment
144 Term of appointment
145 Acting Executive Director
Division 4--Terms and conditions for the Executive Director
146 Remuneration and allowances
147 Leave of absence
148 Outside employment
149 Disclosure of interests
150 Resignation of Executive Director
151 Termination of appointment of Executive Director
152 Other terms and conditions of appointment of Executive Director
Division 5--Persons assisting the Executive Director
153 Arrangements relating to staff of the Department
154 Other persons assisting the Executive Director
Division 6--Industrial Chemicals Special Account
155 Industrial Chemicals Special Account
156 Credits to Industrial Chemicals Special Account
157 Purposes of the Industrial Chemicals Special Account
Part 9--International agreements and arrangements
Division 1--Simplified outline of this Part
158 Simplified outline of this Part
Division 2--Information exchange under the Rotterdam Convention
Subdivision A--Notification of ban or restriction
159 Notification of ban or restriction on introduction or use
Subdivision B--Exchange of certain information
160 Exchange of certain information about industrial chemicals
Subdivision C--Information gathering
161 Executive Director may obtain information and documents
162 Person must comply with notice under section 161
Division 3--Movements of industrial chemicals into or out of Australia
163 Movements of industrial chemicals into or out of Australia
164 Introducing or exporting if prohibited or restricted
Part 10--Miscellaneous
165 Simplified outline of this Part
166 Reconsideration and review of decisions
167 General requirements for applications
168 Ban on animal test data for applications for cosmetics
169 Calculating the consideration period for an application
170 Additional provisions about fees
171 Protection from civil actions
172 Executive Director may use computer programs to make decisions
173 Copies of documents
174 Executive Director may retain documents
175 Self-incrimination
176 Delegations by Minister
177 Delegations by Executive Director
178 Compensation for acquisition of property
179 Annual report
180 Rules
Endnotes
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1--About the endnotes
Endnote 2--Abbreviation key
Endnote 3--Legislation history
Endnote 4--Amendment history
Abbreviation key--Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history--Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.
If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and "(md not incorp)" is added to the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub-subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev ... ) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA = Legislation Act 2003 | Sch = Schedule(s) |
Sdiv = Subdivision(s) | |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub-Ch = Sub-Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | underlining = whole or part not |
No. = Number(s) | commenced or to be commenced |
Endnote 3--Legislation history
Act | Number and year | Assent | Commencement | Application, saving and transitional provisions |
12, 2019 | 12 Mar 2019 | s 3-180: 1 July 2020 (s 2(1) item 2) |
| |
National Emergency Declaration (Consequential Amendments) Act 2020 | 129, 2020 | 15 Dec 2020 | Sch 1 (item 25): 16 Dec 2020 (s 2(1) item 2) | -- |
13, 2021 | 1 Mar 2021 | Sch 2 (items 472, 473): 1 Sept 2021 (s 2(1) item 5) | -- | |
31, 2021 | 26 Mar 2021 | Sch 1 and 2: 27 Mar 2021 (s 2(1) items 2, 3) | Sch 2 (item 5) | |
71, 2023 | 19 Sept 2023 | Sch 4 (item 15): 17 Oct 2023 (s 2(1) item 5) | -- | |
Administrative Review Tribunal (Consequential and Transitional Provisions No. 2) Act 2024 | 39, 2024 | 31 May 2024 | Sch 9 (items 92-96): 14 Oct 2024 (s 2(1) item 2) | -- |
Therapeutic Goods and Other Legislation Amendment (Vaping Reforms) Act 2024 | 50, 2024 | 27 June 2024 | Sch 3 (items 1, 2): 1 July 2024 (s 2(1) item 4) | -- |
Provision affected | How affected |
Part 1 |
|
s 8..................... | am No 50, 2024 |
s 9..................... | am No 13, 2021; No 31, 2021; No 39, 2024; No 50, 2024 |
Part 2 |
|
Division 2 |
|
s 16.................... | am No 31, 2021 |
s 17.................... | am No 31, 2021 |
Part 3 |
|
Division 5 |
|
s 67.................... | am No 129, 2020 |
Part 6 |
|
Division 4 |
|
Subdivision C |
|
s 115................... | am No 71, 2023 |
Part 8 |
|
Division 6 |
|
s 156................... | am No 31, 2021 |
Part 10 |
|
s 165................... | am No 39, 2024 |
s 166................... | am No 39, 2024 |
s 177................... | am No 31, 2021 |