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This is a Bill, not an Act. For current law, see the Acts databases.
INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) AMENDMENT (INVENTORY) BILL 2011
2010-2011
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Industrial Chemicals (Notification and
Assessment) Amendment (Inventory) Bill
2011
No. , 2011
(Health and Ageing)
A Bill for an Act to amend the Industrial Chemicals
(Notification and Assessment) Act 1989, and for
related purposes
i Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011
No. , 2011
Contents
1 Short
title
...........................................................................................
1
2 Commencement
.................................................................................
1
3 Schedule(s)
........................................................................................
2
Schedule 1--Industrial Chemicals (Notification and
Assessment) Act 1989
3
Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011 No. ,
2011 1
A Bill for an Act to amend the Industrial Chemicals
1
(Notification and Assessment) Act 1989, and for
2
related purposes
3
The Parliament of Australia enacts:
4
1 Short title
5
This Act may be cited as the Industrial Chemicals (Notification
6
and Assessment) Amendment (Inventory) Act 2011.
7
2 Commencement
8
This Act commences on the day after this Act receives the Royal
9
Assent.
10
2 Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011
No. , 2011
3 Schedule(s)
1
Each Act that is specified in a Schedule to this Act is amended or
2
repealed as set out in the applicable items in the Schedule
3
concerned, and any other item in a Schedule to this Act has effect
4
according to its terms.
5
6
Industrial Chemicals (Notification and Assessment) Act 1989 Schedule 1
Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011 No. ,
2011 3
Schedule 1--Industrial Chemicals
1
(Notification and Assessment) Act
2
1989
3
4
1 Subsection 5(1) (definition of full public report)
5
Repeal the definition.
6
2 Subsection 5(1) (subparagraph (a)(i) of the definition of new
7
industrial chemical)
8
Omit "under section 13", substitute "included in the Inventory under
9
section 13 or subsection 15AB(1)".
10
3 Subsection 5(1)
11
Insert:
12
public report means a report prepared under section 34 as varied or
13
modified in accordance with this Act.
14
4 Subsection 5(1) (definition of summary report)
15
Repeal the definition.
16
5 Subsection 11(4)
17
After "under section 13", insert "or subsection 15AB(1)".
18
6 After paragraph 12(3)(d)
19
Insert:
20
(da) each chemical included under subsection 15AB(1); and
21
(db) any particulars included in the Inventory under subsection
22
15AB(1) in respect of a chemical included in the Inventory
23
under that subsection; and
24
7 Paragraph 12(3)(f)
25
Omit "or (e)", substitute ", (da) or (e)".
26
8 Paragraph 12(3)(g)
27
Omit "or (e)", substitute ", (da) or (e)".
28
Schedule 1 Industrial Chemicals (Notification and Assessment) Act 1989
4 Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011
No. , 2011
9 Paragraph 15A(b)
1
Omit "under section 13", substitute "included in the Inventory under
2
section 13 or subsection 15AB(1)".
3
10 After Division 1 of Part 2
4
Insert:
5
Division 1A--Inclusion of previously regulated chemicals
6
in Inventory
7
15AA Proposal to include previously regulated chemical in
8
Inventory
9
(1) The Director may make a proposal to include or not to include a
10
new industrial chemical in the Inventory if:
11
(a) the chemical was previously regulated; and
12
(b) there is no assessment certificate in force for the chemical;
13
and
14
(c) the chemical is currently in use in Australia.
15
Note:
See subsection (9) for the definition of previously regulated.
16
(2) The Director may include in a proposal the following particulars in
17
respect of a chemical proposed to be included in the Inventory:
18
(a) particulars of any condition of use to which the importation
19
or manufacture of the chemical is subject;
20
(b) particulars of any other condition to which the importation or
21
manufacture of the chemical is subject;
22
(c) any other particulars in respect of the chemical that are
23
prescribed by regulations for the purposes of this paragraph.
24
(3) In making a proposal, the Director must consider whether the use
25
of the chemical poses an unreasonable risk to occupational health
26
and safety, public health or the environment.
27
(4) The Director must give notice of a proposal in the Chemical
28
Gazette.
29
(5) The notice must state the following:
30
(a) the chemical name for the chemical;
31
Industrial Chemicals (Notification and Assessment) Act 1989 Schedule 1
Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011 No. ,
2011 5
(b) the number assigned to the chemical by the service known as
1
the Chemical Abstracts Service, or if that number is not
2
available, the number that accords with an alternative
3
numbering system;
4
(c) any name by which the chemical is commonly known;
5
(d) whether the Director proposes to include or not to include the
6
chemical in the Inventory;
7
(e) the reasons why the Director proposes to include or not to
8
include the chemical in the Inventory;
9
(f) if the Director proposes to include the chemical in the
10
Inventory:
11
(i) any particulars that the Director proposes to include in
12
respect of the chemical; and
13
(ii) the reasons why the Director proposes to include those
14
particulars;
15
(g) that a person may give a statement to the Director, within 28
16
days after the date of publication of the notice, giving reasons
17
why the person objects to the Director's proposal.
18
(6) If the Director knows the name and address of a person who is
19
introducing or proposes to introduce the chemical, the Director
20
must send a copy of the notice to the person.
21
(7) Once the 28 days mentioned in paragraph (5)(g) have passed, the
22
Director must, having regard to any statements received, make a
23
final decision:
24
(a) to include or not to include the chemical in the Inventory; and
25
(b) if the Director decides to include the chemical in the
26
Inventory--to include or not to include specified particulars
27
in respect of the chemical.
28
(8) The Director must:
29
(a) publish a notice in the Chemical Gazette of the Director's
30
final decision; and
31
(b) give a copy of the notice to any person who gave a statement.
32
(9) For the purposes of subsection (1), a chemical was previously
33
regulated if:
34
(a) the chemical has been, but is no longer, within the scope of
35
regulation of a Commonwealth law that relates to chemicals
36
and that is prescribed by the regulations; or
37
Schedule 1 Industrial Chemicals (Notification and Assessment) Act 1989
6 Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011
No. , 2011
(b) the chemical is contained in a product that has been, but is no
1
longer, within the scope of regulation of any of the following:
2
(i)
the
Agricultural and Veterinary Chemicals Code Act
3
1994;
4
(ii)
the
Therapeutic Goods Act 1989;
5
(iii)
the
Food Standards Australia New Zealand Act 1991;
6
(iv) another Commonwealth law that relates to chemicals in
7
products (whether consisting of a single chemical or
8
not) and that is prescribed by the regulations.
9
15AB Inclusion of previously regulated chemical in Inventory
10
(1)
If:
11
(a) the Director makes a final decision under subsection
12
15AA(7) to include a new industrial chemical in the
13
Inventory; and
14
(b)
either:
15
(i) at least 28 days have passed since the Director
16
published the notice mentioned in subsection 15AA(8)
17
and an application to the Tribunal for review of the
18
Director's decision has not been made; or
19
(ii) an application to the Tribunal for review of the
20
Director's decision has been made and review of the
21
decision has been finalised;
22
then the Director must include the chemical in the Inventory, along
23
with any particulars in respect of the chemical that the Director has
24
made a final decision to include in the Inventory.
25
Note:
Once the chemical has been included in the Inventory, the Director
26
can include and vary conditions and other particulars in respect of the
27
chemical under section 13.
28
(2) If the Director includes a chemical in the Inventory under
29
subsection (1):
30
(a) the chemical is to be included in the non-confidential section
31
of the Inventory; and
32
(b) the Director must give notice in the Chemical Gazette of:
33
(i) the inclusion of the chemical in the Inventory; and
34
(ii) any particulars included in the Inventory in respect of
35
the chemical.
36
Industrial Chemicals (Notification and Assessment) Act 1989 Schedule 1
Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011 No. ,
2011 7
11 After subsection 23(8)
1
Insert:
2
Notification statement for certain UV filters
3
(9) A notification statement about a new industrial chemical that is to
4
be used as an ultraviolet filter in a cosmetic to be applied to the
5
skin must contain the matters specified in:
6
(a) Parts A, B, C and E of the Schedule; and
7
(b) if the chemical is a polymer--Part D of the Schedule.
8
(9A) If subsection (9) applies to a chemical, subsections (4) to (8) do not
9
apply.
10
12 Subsection 31A(1)
11
Omit ", the full public report and the summary report", substitute "and
12
the public report".
13
13 Paragraph 31B(1)(a)
14
Omit ", the full public report and the summary report", substitute "and
15
the public report".
16
14 Subsection 34(1)
17
Omit "(1)".
18
Note:
The heading to section 34 is replaced by the heading "Public report of assessment".
19
15 Subsection 34(1)
20
Omit "full".
21
16 Section 35
22
Repeal the section.
23
17 Paragraphs 36(1)(b) and (c)
24
Repeal the paragraphs, substitute:
25
(b) the public report about the chemical;
26
18 Paragraphs 36(2)(b) and (c)
27
Repeal the paragraphs, substitute:
28
(b) the public report about the chemical;
29
Schedule 1 Industrial Chemicals (Notification and Assessment) Act 1989
8 Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011
No. , 2011
19 Subparagraph 37(2)(a)(ii)
1
Omit "full public report and the summary report based on the
2
assessment report", substitute "public report".
3
20 Paragraph 38(5)(b)
4
Omit "full".
5
21 Paragraph 38(5)(c)
6
Repeal the paragraph, substitute:
7
(c) publishing the public report about the chemical on the
8
website maintained for the National Industrial Chemicals
9
Notification and Assessment Scheme by the Department; and
10
(d) publishing a notice in the Chemical Gazette stating that the
11
public report is available as mentioned in paragraph (c).
12
22 Subsection 38(7)
13
Omit "full public report and the summary report", substitute "public
14
report".
15
23 Subsection 40(1)
16
Repeal the subsection, substitute:
17
(1) If a public report about an industrial chemical has been published
18
under section 38, a person may apply in the approved form to the
19
Director for variation of the public report. The application must be
20
made within 28 days after publication.
21
Note:
The heading to section 40 is altered by omitting "full".
22
24 Subsection 40(8)
23
Repeal the subsection, substitute:
24
(8) If a public report about a chemical is varied, the Director must
25
make any consequential variations to the assessment report about
26
the chemical.
27
25 Subparagraph 40A(5)(a)(iii)
28
Omit "full public assessment report", substitute "public report".
29
26 Paragraph 40G(1)(b)
30
Industrial Chemicals (Notification and Assessment) Act 1989 Schedule 1
Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011 No. ,
2011 9
Omit "related full public report and summary report", substitute "public
1
report".
2
27 Paragraph 40G(1)(c)
3
Repeal the paragraph, substitute:
4
(c) by publishing the public report on the website maintained for
5
the National Industrial Chemicals Notification and
6
Assessment Scheme by the Department; and
7
(d) by publishing a notice in the Chemical Gazette stating that
8
the public report is available as mentioned in paragraph (c).
9
28 Subsection 40G(4)
10
Omit "related full public report or summary report", substitute "public
11
report".
12
29 Subsection 44(4)
13
Omit ", the full public report and the summary report", substitute "and
14
the public report".
15
30 Subsections 60F(4) to (6)
16
Repeal the subsections.
17
31 Paragraph 60F(7)(c)
18
Repeal the paragraph, substitute:
19
(c) publishing the report on the website maintained for the
20
National Industrial Chemicals Notification and Assessment
21
Scheme by the Department; and
22
(d) publishing a notice in the Chemical Gazette stating that the
23
report is available as mentioned in paragraph (c).
24
32 Subsection 60F(8)
25
Omit "and the summary report".
26
33 Subsection 68(5)
27
Omit ", the full public report and the summary report of it", substitute
28
"and public report".
29
Note:
The heading to section 68 is replaced by the heading "Secondary notification
30
assessment of new industrial chemicals".
31
Schedule 1 Industrial Chemicals (Notification and Assessment) Act 1989
10 Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011
No. , 2011
34 Paragraph 70(1)(b)
1
Omit "summary report", substitute "public report".
2
35 Subsection 78(1)
3
Repeal the subsection.
4
Note:
The heading to section 78 is replaced by the heading "Material Safety Data Sheets to
5
be available".
6
36 Subsection 78(2)
7
Omit "(2)".
8
37 At the end of subsection 102(1)
9
Add:
10
; or (e) a final decision by the Director under subsection 15AA(7).
11
38 Section 104A
12
After "section" (first occurring), insert "15AA, 15AB, ".
13
39 Paragraph 110(1)(t)
14
Repeal the paragraph.
15
40 Clause 1 of Part A of the Schedule
16
Omit "23(4), (5), (6), (7) and (8)", substitute "23(4) to (9)".
17
41 Clause 4 of Part B of the Schedule
18
Omit "appearance, being the colour and form,", substitute "physical
19
state and the appearance (being the colour and form)".
20
42 Clause 5 of Part B of the Schedule
21
Repeal the clause, substitute:
22
5. The estimated quantity, in tonnes per year, or, in a range of tonnes
23
per year of 1 to 10, 10 to 100, 100 to 1,000 and over 1,000, of the
24
chemical proposed to be:
25
(a) imported into Australia by the notifier in each of the next 5
26
years; and
27
(b) manufactured in Australia by the notifier in each of those
28
years.
29
Industrial Chemicals (Notification and Assessment) Act 1989 Schedule 1
Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011 No. ,
2011 11
43 Subparagraph 6(a)(i) of Part B of the Schedule
1
Omit "number, and categories,", substitute "categories".
2
44 Clause 8 of Part B of the Schedule
3
Repeal the clause, substitute:
4
8. A description of the ways in which the public might be exposed to
5
the chemical based on its proposed uses and its potential release in
6
the environment.
7
45 Paragraph 9(k) of Part B of the Schedule
8
Omit all the words after "the chemical".
9
46 Subparagraph 9(m)(i) of Part B of the Schedule
10
Before "the upper", insert "for gases and vapours--".
11
47 After subparagraph 9(m)(i) of Part B of the Schedule
12
Insert:
13
(ia) for solids--the ability to propagate combustion; and
14
48 Paragraph 9(p) of Part B of the Schedule
15
Repeal the paragraph, substitute:
16
(p) the chemical's explosive properties, including the chemical's
17
potential (if any) to detonate as the result of heat, shock or
18
friction;
19
49 Before subparagraph 9(q)(i) of Part B of the Schedule
20
Insert:
21
(ia) the chemical's oxidising properties; and
22
50 Paragraph (g) of Part C of the Schedule
23
Omit "10 to 14 days", substitute "28 days".
24
51 Paragraph (j) of Part C of the Schedule
25
Repeal the paragraph, substitute:
26
(j) any production by the chemical of genotoxic damage in a
27
suitable in vivo test;
28
52 Paragraph (t) of Part C of the Schedule
29
Schedule 1 Industrial Chemicals (Notification and Assessment) Act 1989
12 Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011
No. , 2011
Omit "data; and", substitute "data.".
1
53 Paragraph (u) of Part C of the Schedule
2
Repeal the paragraph.
3
54 Clause 4 of Part D of the Schedule
4
Omit "1,000", substitute "500 daltons and below 1,000 daltons".
5
55 At the end of the Schedule
6
Add:
7
Part E
8
The following data about the effects of the chemical:
9
(a) the chemical's photostability;
10
(b) the chemical's phototoxicity;
11
(c) the chemical's photosensitisation;
12
(d) the chemical's bioavailability via the oral and dermal routes;
13
(e) the chemical's toxic effects on administration for a period of
14
3 to 6 months, by the oral and dermal routes;
15
(f) the chemical's photomutagenicity;
16
(g) the chemical's toxic effects on reproduction, including
17
toxicity to male fertility;
18
(h) the carcinogenic potential of the chemical, including
19
photocarcinogenicity;
20
(i) the potential of the chemical to interact with another
21
chemical used as an ultraviolet filter in a cosmetic to be
22
applied to the skin;
23
being data obtained:
24
(j) by specified methods; and
25
(k) from specified raw data.
26
56 Application provision--previously regulated chemicals
27
The amendments made by item 10 of this Schedule apply to any
28
chemical that was previously regulated (within the meaning of
29
subsection 15AA(9) of the Industrial Chemicals (Notification and
30
Assessment) Act 1989 as inserted by that item), whether the chemical
31
became previously regulated before or after the commencement of that
32
item.
33
Industrial Chemicals (Notification and Assessment) Act 1989 Schedule 1
Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011 No. ,
2011 13
57 Application provision--amendments about UV filters
1
The amendments made by items 11, 40 and 55 of this Schedule apply to
2
applications for assessment certificates made under section 23 of the
3
Industrial Chemicals (Notification and Assessment) Act 1989 (as
4
amended by this Schedule) on or after the day on which those items
5
commence.
6
58 Application provision--amendments about summary
7
reports
8
The amendments made by items 1, 3, 4, 12 to 35 and 39 of this
9
Schedule apply to assessment reports (within the meaning of subsection
10
5(1) of the Industrial Chemicals (Notification and Assessment) Act
11
1989) published on or after the day this Schedule commences.
12