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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003-2004
The Parliament
of the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Industrial
Chemicals (Notification and Assessment) Amendment (Low Regulatory Concern
Chemicals) Bill 2004
No. ,
2004
(Health and
Ageing)
A Bill for an Act to amend the
Industrial Chemicals (Notification and Assessment) Act 1989, and for
related purposes
Contents
Part 1—Amendments 3
Part 2—Application
provisions 52
A Bill for an Act to amend the Industrial Chemicals
(Notification and Assessment) Act 1989, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Industrial Chemicals (Notification and
Assessment) Amendment (Low Regulatory Concern Chemicals) Act 2004.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with column 2 of the
table. Any other statement in column 2 has effect according to its
terms.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent. |
|
|
2. Schedule 1 |
A single day to be fixed by Proclamation. However, if any of the provision(s) do not commence within the period of 6
months beginning on the day on which this Act receives the Royal Assent, they
commence on the first day after the end of that period. |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part
of this Act. Information in this column may be added to or edited in any
published version of this Act.
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repealed as set out in the applicable items in the Schedule concerned, and any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 Section 5
Insert:
chargeable 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.
2 Section 5 (definition of confidential
section)
Omit “subsection 12(4)”, substitute “subsections 12(4)
and (4A)”.
3 Section 5 (definition of confidentiality
request)
Repeal the definition.
4 Section 5
Insert:
controlled use permit means a permit under
section 22F.
5 Section 5 (definition of
cosmetic)
Repeal the definition, substitute:
cosmetic has the same meaning as cosmetic product
has in the Trade Practices (Consumer Product Information Standards)
(Cosmetics) Regulations 1991.
6 Section 5
Insert:
hazardous chemical has the meaning prescribed by the
regulations.
7 Section 5 (definition of hazardous
substance)
Repeal the definition.
8 Section 5 (definition of
holder)
Repeal the definition, substitute:
holder, in relation to a permit or an assessment certificate,
means a person in respect of whom the permit or certificate is issued.
9 Section 5 (definition of low volume
permit)
After “subsection 21U(2)”, insert “or
(2A)”.
10 Section 5 (definition of new industrial
chemical)
Repeal the definition, substitute:
new industrial chemical means:
(a) either:
(i) if the chemical is a listed industrial chemical whose introduction is
subject to a condition of use under section 13—the chemical but only
to the extent that the manufacturer or importer of the chemical introduces, or
proposes to introduce, the chemical for any other use; or
(ii) otherwise—an industrial chemical that is not a listed
industrial chemical; and
(b) in the case of a synthetic polymer—a chemical that is a new
synthetic polymer;
but does not include the following:
(c) a reaction intermediate;
(d) an incidentally-produced chemical.
11 Section 5 (definition of non-confidential
section)
Omit “subsection 12(2)”, substitute “subsection
12(3)”.
12 Section 5
Insert:
non-hazardous chemical has the meaning given by
subsection (2).
13 Section 5
Insert:
permit means:
(a) a commercial evaluation permit; or
(b) a low volume permit; or
(c) a controlled use permit; or
(d) an introduction permit.
14 Section 5
Insert:
polymer of low concern means a polymer that:
(a) either:
(i) has a number average molecular weight, as defined by the regulations,
that is greater than 1,000; or
(ii) has a number average molecular weight, as defined by the regulations,
that is less than or equal to 1,000, and has such other characteristics as are
prescribed by the regulations; and
(b) has a low charge density, as so defined; and
(c) is not a hazardous chemical; and
(d) does not dissociate readily, as so defined; and
(e) under the conditions in which it is used is stable, as so defined;
and
(f) has such other characteristics as are prescribed by the
regulations.
15 Section 5 (definition of registrable
person)
Repeal the definition.
16 Section 5 (definition of registration
charge)
Omit “registrable person”, substitute “chargeable
person”.
17 Section 5
Insert:
self-assessed assessment certificate means an
assessment certificate given under subsection 39(1A).
18 Section 5 (definition of synthetic
polymer of low concern)
Repeal the definition.
19 At the end of section 5
Add:
(2) In this Act:
non-hazardous chemical means a chemical in respect of which
the following conditions are met:
(a) the chemical is not a hazardous chemical;
(b) the chemical is not a dangerous good;
(c) the prescribed criteria relating to the environmental effect of the
chemical have been met;
(d) any other prescribed conditions have been met;
(e) the introduction of the chemical is consistent with the reasonable
protection of occupational health and safety, public health and the
environment.
(3) The Director must take account of the following matters in deciding
whether he or she is satisfied that the condition referred to in
paragraph (e) of the definition of non-hazardous chemical is
met:
(a) the proposed nature of the use of the chemical;
(b) the extent of the proposed use of the chemical;
(c) the effect of the chemical on the environment;
(d) the effect of the chemical on occupational health and safety and
public health;
(e) the structure and activity of the chemical;
(f) whether, in Australia or overseas, the chemical is the subject
of:
(i) investigations initiated by a person because of concerns about a
possible adverse effect on occupational health and safety, public health or the
environment; or
(ii) action taken by a person to control the use of, or access to, the
chemical;
(g) any other prescribed matter.
20 Subsection 11(3) (note)
Repeal the note.
21 At the end of
section 11
Add:
(4) However, if the importation or manufacture of the chemical is subject
to a condition included in the Inventory under section 13, the chemical may
only be imported or manufactured without obtaining an assessment certificate or
permit if the importation or manufacture is in accordance with the
condition.
Note: Subsections (3) and (4) are not intended to be an
exhaustive description of the effects or consequences of including a chemical,
or a condition on the importation or manufacture of a chemical, in the
Inventory. There may be other consequences, express or implied, because of other
provisions of the Act.
22 At the end of subsection
12(3)
Add:
; and (f) any condition of use, or any other condition, to which the
importation or manufacture of a chemical referred to in paragraph (d) or
(e) is subject under section 13; and
(g) any other matter included under section 13 in respect of a
chemical referred to in paragraph (d) or (e).
23 After subsection 12(4)
Insert:
(4A) The confidential section is also to contain approved particulars
of:
(a) any condition of use, or any other condition, to which the importation
or manufacture of a chemical referred to in paragraph (4)(a) or (c) is
subject under section 13; and
(b) any other matter included under section 13 in respect of a
chemical referred to in paragraph (4)(a) or (c).
24 After section 12
Insert:
(1) The Director may include in the Inventory the following particulars in
respect of a chemical included in the Inventory:
(a) particulars of any condition of use to which the importation or
manufacture of the chemical is subject;
(b) particulars of any other condition to which the importation or
manufacture of the chemical is subject;
(c) any particulars about the assessment of the chemical under
Division 3 of Part 3;
(d) any other particulars in respect of the chemical that are prescribed
by regulations for the purposes of this section.
Note 1: For example, the Director may include particulars
recommending the secondary notification of a chemical in particular
circumstances.
Note 2: The Director is required to give notice in the
Chemical Gazette if the Director proposes to include particulars in the
Inventory (see section 13A).
Note 3: A person who breaches a condition on the importation
or manufacture of a chemical in the Inventory might commit an offence (see
section 15A).
(2) The Director may:
(a) include particulars at the time a chemical is included in the
Inventory or at a later time; and
(b) vary particulars already included in the Inventory in respect of a
chemical; and
(c) remove particulars already included in the Inventory in respect of a
chemical.
Note: The Director is required to give notice in the
Chemical Gazette if the Director proposes to include or vary particulars in the
Inventory (see section 13A).
(1) If at any time the Director proposes, under section 13, to
include or vary particulars in the Inventory in respect of a chemical, the
Director must give notice in the Chemical Gazette that he or she proposes to
include or vary the particulars in respect of the chemical.
(2) The notice must state:
(a) the name under which the chemical has been or is to be included in the
Inventory; and
(b) any name by which the chemical is commonly known; and
(c) that the Director proposes to include or vary the particulars in the
Inventory in respect of the chemical; and
(d) that a person may give a statement to the Director, within 28 days of
the date of publication of the notice, giving reasons why the particulars should
not be included or varied.
(3) If the Director knows the name and address of a person who is
introducing or proposes to introduce 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 particulars should not be included or varied, the Director must reconsider
the proposed inclusion or variation in the light of the statement.
(5) If the Director accepts the reasons why the particulars should not be
included or varied, the Director must:
(a) publish a notice in the Chemical Gazette that the particulars are not
going to be included or varied in respect of the chemical; and
(b) give a copy of the notice to the person who gave the
statement.
(6) If the Director rejects the reasons why the particulars should not be
included or varied, the Director must:
(a) give the person who made the statement notice of the decision to
reject the reasons; but
(b) not include or vary the particulars 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.
(7) A notice under this section may be included with a notice under
another section under this Act.
25 Before section 14
Insert:
(1) This section applies if:
(a) an assessment certificate (other than an extension of an original
certificate) for an industrial chemical is in force; and
(b) the period of 5 years from the giving of the certificate has not yet
ended; and
(c) the holder or each holder of the certificate applies in the approved
form to the Director for the inclusion of the chemical in the non-confidential
section of the Inventory; and
(d) if the application is made after 28 days of the giving of the
certificate—the fee prescribed under section 110 is paid.
(2) If there are any other assessment certificates in force in respect of
the new industrial chemical, the Director must give each holder or holders of
those assessment certificates (including each holder of an extension of such a
certificate) written notice:
(a) informing them of the proposed inclusion; and
(b) setting out the terms of subsections (3) and (4).
(3) The holder or each holder of any of those other assessment
certificates may apply to the Director in the approved form, within 28 days of
the giving of the notice, for the chemical not to be included in the
non-confidential section of the Inventory.
(4) If an application is made under subsection (3) within the 28
days, the Director:
(a) must not include the chemical in the non-confidential section of the
Inventory; and
(b) must give a written notice to the applicant or applicants under
subsection (1) stating that the chemical is not going to be included in
that section of the Inventory; and
(c) must repay any fee paid in respect of the application made under
subsection (1).
(5) If an application is not made under subsection (3) within the 28
days, the Director:
(a) must include the chemical in the non-confidential section of the
Inventory; and
(b) must give notice in the Chemical Gazette that he or she has included
the chemical in the non-confidential section of the Inventory.
Note: Under section 13, the Director can include
conditions and other particulars in respect of a chemical that is included in
the Inventory under this section.
26 At the end of subsection
14(1)
Add:
Note: The Director can include conditions and other
particulars in respect of a chemical that is included in the Inventory under
this section (see section 13).
27 At the end of Division 1 of
Part 2
Add:
A person commits an offence if:
(a) the person imports or manufactures an industrial chemical at a
particular time; and
(b) at that time, the importation or manufacture of the chemical is
subject to a condition under section 13; and
(c) the importation or manufacture breaches the
condition.
Penalty: 120 penalty units.
28 Paragraph 18(1)(a)
Omit “subsection (2)”, substitute “this
section”.
29 At the end of
section 18
Add:
(3) However, if the introduction of the chemical is subject to a condition
of use included in the confidential section under section 13, then the
Director may only disclose the condition if:
(a) the Director has asked the person the use for which the person intends
to introduce the chemical; and
(b) the Director is satisfied that the person intends to introduce the
chemical for that use.
(4) If the Director discloses a condition under subsection (3) to a
person, then the Director may also disclose to the person any other conditions
in the confidential section to which the introduction of the chemical is
subject.
30 Subsection 18A(2)
After “transfer the chemical”, insert “, and any
particulars in respect of the chemical,”.
31 Subsection 19(2)
After “industrial chemical”, insert “, and any
particulars in respect of the chemical,”.
32 Paragraph 19(7)(b)
Omit “the transfer:”, substitute “transferring the
chemical and any particulars in respect of the chemical:”.
33 Division 3 of Part 2
(heading)
Repeal the heading, substitute:
34 At the end of
section 20
Add:
Note: The Director can also add or vary information under
section 13 about chemicals already in the Inventory.
35 Paragraph 20AA(5)(a)
After “leave the chemical”, insert “, and any particulars
in respect of the chemical,”.
36 Paragraph 20AA(6)(b)
After “remove the chemical”, insert “, or any particulars
in respect of the chemical,”.
37 At the end of subsection
20AB(4A)
Add:
Note: The Director can include conditions and other
particulars in respect of a chemical that is included in the Inventory under
this subsection (see section 13).
38 At the end of subsection
20AB(4B)
Add:
Note: The Director can include conditions and other
particulars in respect of a chemical that is included in the Inventory under
this subsection (see section 13).
39 Paragraphs 21(2)(aa) to (b)
Repeal the paragraphs, substitute:
(a) a commercial evaluation permit; or
(b) a low volume permit; or
(c) a controlled use permit; or
(d) an introduction permit.
40 Paragraph 21(3)(d)
Repeal the paragraph.
41 Subsection 21(4)
Omit “10 kilograms”, substitute “100
kilograms”.
42 Paragraph 21(4)(b)
Repeal the paragraph, substitute:
(b) either:
(i) if the chemical is introduced in a cosmetic—if requirements (if
any), prescribed in regulations made for the purpose of this subparagraph,
relating to its introduction are met (including requirements relating to its
use, packaging or labelling); or
(ii) otherwise—if requirements (if any), prescribed in regulations
made for the purpose of this subparagraph, relating to its introduction are met
(including requirements relating to its use, packaging or labelling).
43 At the end of
section 21
Add:
(5) For the purposes of subparagraph (4)(b)(i) or (ii), different
requirements may be prescribed in respect of different volumes of a particular
chemical.
(6) Subsection (1) does not prohibit the introduction of the
following:
(a) a new industrial chemical introduced by a person:
(i) solely for the purpose of research, development or analysis;
and
(ii) in a quantity of not more than 100 kilograms in any 12 month
period;
(b) a new industrial chemical:
(i) that is introduced by a person at a port or airport in Australia;
and
(ii) that remains subject to the control of Customs (within the meaning of
the Customs Act 1901) at the port or airport at all times before leaving
Australia; and
(iii) that leaves Australia less than 30 days after the day of
introduction;
(c) a new industrial chemical:
(i) that is a non-hazardous chemical; and
(ii) that is introduced in a cosmetic; and
(iii) whose concentration in the cosmetic is 1% or less; and
(iv) whose introduction meets any requirements, prescribed in regulations
for the purposes of this subparagraph, relating to its introduction.
Note 1: A defendant bears an evidential burden in relation
to the matters in subsection (6) (see subsection 13.3(3) of the Criminal
Code).
Note 2: A person who introduces a new industrial chemical
under subsection (6) is required to provide an annual report (see
section 21AA).
44 At the end of Division 1 of
Part 3
Add:
(1) A person who introduces a new industrial chemical in a registration
year under subsection 21(4) or (6) must provide a report to the Director
stating:
(a) the name of the chemical that was introduced in the year;
and
(b) the volume of the chemical that was introduced in the year.
(2) The report must be provided before or on 28 September of the
following registration year.
(3) The report must be provided in the approved form.
(4) A person commits an offence if:
(a) the person is required to provide a report in accordance with
subsections (1) and (2); and
(b) the person fails to do so.
Penalty: 10 penalty units.
Note 1: A person does not commit an offence if the person
fails to provide the report in the approved form.
Note 2: If a person does not provide the report in
accordance with subsection (1) before or on 28 September, the
obligation to do so continues after that date, with daily offences being
committed until the obligation is complied with (see section 4K of the
Crimes Act 1914).
(5) Subsection 4K(2) of the Crimes Act 1914 ceases to apply in
relation to an offence against subsection (4) of this section at the end of
the 12th day after 28 September (being 10 October).
Note: Because of this subsection, 120 penalty units is the
maximum penalty that can be imposed for offences against
subsection (4).
(1) The Director must maintain a list of:
(a) the names of the chemicals provided in each report under
section 21AA for a registration year; and
(b) the volume of such chemicals.
(2) At least once during the next registration year, the Director must
publish the list in the Chemical Gazette.
45 At the end of
section 21B
Add:
(2) A manufacturer or importer whose commercial evaluation permit relating
to a new industrial chemical is still in force may apply for the permit to be
renewed if the following conditions are met:
(a) the function or use of the chemical has not changed, and is not likely
to change, significantly;
(b) the amount of the chemical being introduced has not increased, and is
not likely to increase, significantly;
(c) in the case of a chemical that was not manufactured, or proposed to be
manufactured, in Australia at the time the permit was issued—it continues
not to be manufactured in Australia;
(d) the method of manufacture of the chemical in Australia has not
changed, and is not likely to change, in a way that may result in an increased
risk of an adverse effect on occupational health and safety, public health or
the environment;
(e) no additional information has become available to the manufacturer or
importer as to any adverse effects of the chemical on occupational health and
safety, public health or the environment;
(f) no event prescribed for the purposes of section 64 has
happened;
(g) any conditions of the permit imposed by or under section 21L were
complied with during the period of the current permit;
(h) no changes are required to any conditions of the permit.
(3) A manufacturer or importer may only apply for a commercial evaluation
permit to be renewed once.
Note: The heading to section 21B is altered by adding
at the end “or renewal of permit”.
46 Subsection 21D(1)
Repeal the subsection, substitute:
Form of application
(1) An application for a commercial evaluation permit, or a renewal of a
commercial evaluation permit, must:
(a) be in writing; and
(b) be in an approved form; and
(c) be given to the Director.
47 Subsection 21D(2)
Omit “The application”, substitute “An application for a
commercial evaluation permit”.
Note: The heading to subsection 21D(2) is replaced by the
heading “Material to accompany application for
permit”.
48 Subsection 21D(3)
Omit “paragraph 21B(b)”, substitute “paragraph
21B(1)(b)”.
Note: The heading to subsection 21D(3) is replaced by the
heading “Form of paragraph 21B(1)(b)
agreement”.
49 Subsection 21E(1)
Omit “the application”, substitute “an
application”.
50 Subsection 21E(2)
Omit “in the application”, substitute “in an
application”.
51 Subsection 21E(3)
After “commercial evaluation permit” (first occurring), insert
“, or an application for a renewal of a commercial evaluation
permit,”.
52 Section 21F
Omit “consider the application”, substitute “consider an
application”.
53 Subsection 21G(1)
Omit “considering the application”, substitute
“considering an application”.
54 Subsection 21H(1)
Omit “the application”, substitute “an
application”.
55 Subsection 21H(2)
Omit “the applicant” (first occurring), substitute “an
applicant”.
56 Subsection 21H(3)
Omit “the application” (first occurring), substitute “an
application”.
57 Subparagraph 21H(3)(c)(i)
After “commercial evaluation permit”, insert “or an
application for a renewal of a commercial evaluation permit”.
58 After subsection 21H(3)
Insert:
(3A) The Director may refuse an application for a renewal of a commercial
evaluation permit if the Director is satisfied that the conditions in subsection
21B(2) have not been met.
59 At the end of subsection
21L(1)
Add:
Note: A person who holds a commercial evaluation permit must
also provide an annual report (see section 40N).
60 Subparagraph 21N(1)(b)(i)
After “the permit”, insert “or the application for the
renewal of the permit”.
61 Subsection 21P(1)
After “commercial evaluation permit”, insert “, or an
application for a renewal of a commercial evaluation permit,”.
62 Paragraph 21Q(a)
Omit “any person or persons”, substitute “the
person”.
63 Paragraph 21Q(a)
After “100 kilograms”, insert “(or 1,000 kilograms in
certain cases)”.
64 After subsection 21R(1)
Insert:
(1A) A manufacturer or importer whose low volume permit in respect of a
new industrial chemical is still in force may apply for the permit to be renewed
if the following conditions are met:
(a) the function or use of the chemical has not changed, and is not likely
to change, significantly;
(b) the amount of the chemical being introduced has not increased, and is
not likely to increase, significantly;
(c) in the case of a chemical that was not manufactured, or proposed to be
manufactured, in Australia at the time the permit was last issued—it
continues not to be manufactured in Australia;
(d) the method of manufacture of the chemical in Australia has not
changed, and is not likely to change, in a way that may result in an increased
risk of an adverse effect on occupational health and safety, public health or
the environment;
(e) no additional information has become available to the manufacturer or
importer as to any adverse effects of the chemical on occupational health and
safety, public health or the environment;
(f) no event prescribed for the purposes of section 64 has
happened;
(g) any conditions of the permit imposed by or under section 21W were
complied with during the period of the current permit;
(h) no changes are required to any conditions of the permit.
(1B) A manufacturer or importer may apply for a low volume permit to be
renewed any number of times.
Note: The heading to section 21R is altered by adding
at the end “or renewal of permit”.
65 Subsection 21R(2)
After “subsection (1)”, insert “or
(1A)”.
66 Subsection 21S(1)
Repeal the subsection, substitute:
(1) An application for a low volume permit, or a renewal of a low volume
permit, must:
(a) be in writing; and
(b) be in an approved form; and
(c) be given to the Director.
67 Subsection 21S(2)
Omit “The application”, substitute “An application for a
low volume permit”.
68 At the end of
section 21S
Add:
(3) An application for a renewal of a low volume permit is taken not to be
duly made unless the applicant has paid the prescribed fee.
69 Subsection 21SA(1)
Omit “the applicant” (first occurring), substitute “an
applicant”.
70 Subsection 21SA(1)
After “paragraph 21S(2)(a)”, insert “, or a matter
referred to in the application for the renewal of the permit,”.
71 Subsection 21U(1)
Omit “the application” (first occurring), substitute “an
application”.
72 Subsection 21U(2)
Repeal the subsection, substitute:
(2) The Director must grant an application for a low volume permit in
respect of a chemical and issue the permit to the applicant if the Director is
satisfied of the following:
(a) section 21S has been complied with in respect of the
application;
(b) the intended use of the chemical does not pose an unreasonable risk to
occupational health and safety, public health or the environment, having regard
to the following:
(i) the inherent nature of the chemical;
(ii) any guidelines prescribed for the purposes of this section;
(iii) any other matters that the Director considers relevant;
(c) the total quantity of the chemical that is proposed to be introduced
by the applicant during any calendar year does not exceed:
(i) if guidelines prescribed for the purposes of this section apply to the
chemical—1,000 kilograms; or
(ii) otherwise—100 kilograms.
73 After subsection 21U(2)
Insert:
(2A) The Director must grant an application for a renewal of a low volume
permit in respect of a chemical and issue the permit to the applicant if the
Director is satisfied of the following:
(a) section 21S has been complied with in respect of the
application;
(b) the conditions referred to in subsection 21R(1A) have been
met.
74 Subsection 21U(3)
Omit “so satisfied”, substitute “satisfied under
subsection (2) or (2A)”.
75 Subsection 21W(1)
Omit “since the permit was issued”, substitute “since the
permit was last issued”.
76 Paragraph 21W(1)(b)
After “subsection 21S(2)”, insert “or the application for
the renewal of the permit”.
77 Paragraph 21W(1)(c)
After “the permit was”, insert “last”.
78 Paragraph 21W(1)(d)
Omit “adverse health effects or adverse environmental effects”,
substitute “an adverse effect of the chemical on occupational health and
safety, public health or the environment”.
79 Paragraph 21W(1)(e)
Omit “the adverse health effects or adverse environmental effects of
the chemical”, substitute “an adverse effect of the chemical on
occupational health and safety, public health or the
environment”.
80 At the end of subsection
21W(1)
Add:
Note: A person who holds a low volume permit must also
comply with the obligations in Division 3B of this Part.
81 Subsection 21W(3)
Omit “to health or to the environment”, substitute “to
occupational health and safety, public health or the
environment”.
82 Subparagraph 21W(6)(b)(i)
After “the permit”, insert “or any application for a
renewal of the permit”.
83 Subsection 21ZB(1)
After “low volume permit”, insert “, or an application
for a renewal of a low volume permit,”.
84 After Division 1B of
Part 3
Insert:
The object of the controlled use permit system is:
(a) to provide an alternative to the assessment certificate system in
respect of a new industrial chemical that is a low risk to occupational health
and safety, public health and the environment because its use, handling and
disposal are highly controlled; and
(b) to ensure that this alternative is subject to adequate
safeguards.
(1) A manufacturer or importer of a new industrial chemical may apply for
a controlled use permit in respect of the chemical.
(2) A manufacturer or importer whose controlled use permit in respect of a
new industrial chemical is still in force may apply for the permit to be renewed
if the following conditions are met:
(a) the function or use of the chemical has not changed, and is not likely
to change, significantly;
(b) the amount of the chemical being introduced has not increased, and is
not likely to increase, significantly;
(c) in the case of a chemical that was not manufactured, or proposed to be
manufactured, in Australia at the time the permit was last issued—it
continues not to be manufactured in Australia;
(d) the method of manufacture of the chemical in Australia has not
changed, and is not likely to change, in a way that may result in an increased
risk of an adverse effect on occupational health and safety, public health or
the environment;
(e) no additional information has become available to the manufacturer or
importer as to any adverse effects of the chemical on occupational health and
safety, public health or the environment;
(f) no event prescribed for the purposes of section 64 has
happened;
(g) any conditions of the permit imposed by or under section 22H were
complied with during the period of the current permit;
(h) no changes are required to any conditions of the permit.
(3) A manufacturer or importer may apply for a controlled use permit to be
renewed any number of times.
(4) 2 or more persons, each of whom is a manufacturer or importer of a new
industrial chemical, may make a joint application under subsection (1) or
(2).
(5) If a joint application is made, then, unless the contrary intention
appears, a reference in this Division to the applicant is a reference to the
joint applicants.
(1) An application for a controlled use permit, or a renewal of a
controlled use permit, must:
(a) be in writing; and
(b) be in an approved form; and
(c) be given to the Director.
(2) An application for a controlled use permit is taken not to be duly
made unless the applicant has provided a written statement about the chemical
that:
(a) states the use for which the chemical is to be introduced;
and
(b) contains a summary of the chemical’s effects on occupational
health and safety, public health and the environment; and
(c) states the quantity of the chemical proposed to be introduced by the
applicant in the period beginning on the date on which the application is made
and ending at the end of the calendar year in which that date occurs;
and
(d) states the quantity of the chemical proposed to be introduced by the
applicant in each of the next 3 calendar years; and
(e) contains such other information as is prescribed in the
regulations.
(3) An application for a controlled use permit, or a renewal of a
controlled use permit, is taken not to be duly made unless the applicant has
paid the prescribed fee.
(1) The Director may give an applicant a written notice requiring the
applicant to give the Director further information about a matter referred to in
subsection 22C(2), or a matter referred to in the application for the renewal of
the controlled use permit, within the period specified in the notice.
(2) The notice must specify a period of at least 14 days.
An applicant may, at any time before the application has been determined,
by written notice to the Director, withdraw the application or amend the
application or any document that accompanied the application.
(1) The Director must grant an application for a controlled use permit in
respect of a chemical and issue the permit to the applicant if the Director is
satisfied of the following:
(a) section 22C has been complied with in respect of the
application;
(b) the intended use of the chemical does not pose an unreasonable risk to
occupational health and safety, public health or the environment, having regard
to the following:
(i) the inherent nature of the chemical;
(ii) any guidelines prescribed for the purposes of this section;
(iii) any other matters that the Director considers relevant.
(2) The Director must grant an application for a renewal of a controlled
use permit in respect of a chemical and issue the permit to the applicant if the
Director is satisfied of the following:
(a) section 22C has been complied with in respect of the
application;
(b) the conditions referred to in subsection 22B(2) have been
met.
(3) If any further information required by the Director under
section 22D 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.
(4) If the Director is not satisfied under subsection (1) or (2), the
Director must refuse the application.
A controlled use permit:
(a) comes into force at the beginning of the period of not more than 36
months that is stated in the permit; and
(b) remains in force until the end of that period.
(1) A controlled use permit is granted subject to a condition that the
chemical in respect of which the permit is issued is only imported or
manufactured for the use stated in the permit.
Note: A person who holds a controlled use permit must also
comply with the obligations in Division 3B of this Part.
(2) A controlled use permit is granted subject to a condition that, if the
holder of the permit becomes aware of any of the circumstances referred to in
subsection (3) happening since the permit was last issued, the holder will,
within 28 days, give written notice to the Director of the
circumstances.
(3) These are the circumstances:
(a) the function or use of the chemical has changed, or is likely to
change, significantly; or
(b) in the case of a chemical not manufactured, or proposed to be
manufactured, in Australia when the permit was last issued—it has begun to
be manufactured in Australia; or
(c) the method of manufacture of the chemical in Australia has changed, or
is likely to change, in a way that may result in an increased risk of an adverse
effect on occupational health and safety, public health or the environment;
or
(d) additional information has become available to the holder as to an
adverse effect of the chemical on occupational health and safety, public health
or the environment; or
(e) a prescribed circumstance has happened.
(4) For the purposes of subsection (2), the holder of a permit is
taken to have become aware of circumstances if the holder ought reasonably to
have become aware of the circumstances, having regard to:
(a) the holder’s abilities, experience, qualifications and other
attributes; and
(b) the nature of the circumstances.
(5) A controlled use permit may be expressed to be granted subject to such
other conditions as the Director considers necessary or desirable to ensure that
use of the chemical will not constitute an unreasonable risk to occupational
health and safety, public health or the environment.
(6) If the Director considers it necessary or desirable to ensure that use
of a chemical will not constitute an unreasonable risk to occupational health
and safety, public health or the environment, the Director may, by written
notice given to the holder of a controlled use permit issued in respect of the
chemical:
(a) impose one or more further conditions to which the permit is to be
subject; or
(b) revoke or vary a condition:
(i) imposed under paragraph (a); or
(ii) stated in the permit.
(7) The notice under subsection (6) must specify a day on which the
permit:
(a) becomes subject to the condition imposed, or the condition as varied,
under that subsection; or
(b) ceases to be subject to the condition revoked under that
subsection.
The day must be at least 28 days after the giving of the notice.
A person commits an offence if:
(a) the person is or was the holder, or any of the holders, of a
controlled use permit; and
(b) the person does an act or omits to do an act; and
(c) the act or omission breaches a condition to which the permit is
subject.
Penalty: 300 penalty units.
The Director may, by written notice given to the holder of a controlled
use permit, cancel the permit if:
(a) a condition to which the permit is subject has been breached;
or
(b) a written statement provided or any information given:
(i) in or in connection with the application for the permit or any
application for a renewal of the permit; or
(ii) in accordance with a condition to which the permit was
subject;
was false or misleading in a material particular.
A controlled use permit must be in an approved form.
As soon as practicable after a controlled use permit is issued, the
Director must cause to be published in the Chemical Gazette a notice stating
that the permit has been issued and setting out:
(a) the name of the holder of the permit; and
(b) the trade name of the chemical; and
(c) the use for which the chemical may be imported or manufactured;
and
(d) the period of the permit.
If the Director decides to refuse an application, he or she must, as soon
as practicable, give to the applicant a written notice of the decision that sets
out:
(a) the findings on material questions of fact; and
(b) the evidence or other material on which those findings were based;
and
(c) the reasons for the decision.
(1) The Director must maintain a list of the following:
(a) the chemicals in respect of which controlled use permits are in
force;
(b) the conditions of use to which those permits are subject.
(2) At least once a year, the Director must publish the list in the
Chemical Gazette.
(1) An application for a controlled use permit, or an application for a
renewal of a controlled use permit, may include an application that certain
information given in accordance with section 22D be treated as exempt
information under section 75.
(2) The giving of information about a chemical in accordance with a
condition of a kind referred to in subsection 22H(2) may be accompanied by an
application in the approved form that some or all of the information be treated
as exempt information under section 75.
85 Before section 23 (at the beginning of
Division 2 of Part 3)
Insert:
(1) The object of the assessment certificate system under this Division
and Division 3 of this Part is to allow a new industrial chemical to be
assessed before a manufacturer or importer introduces the chemical.
(2) There are 2 main assessment systems set out in this Division and
Division 3. In the self-assessed system, a manufacturer or importer of
certain chemicals of low concern does most of the assessment himself or herself
and the application form is adopted as the assessment report. However, the
manufacturer or importer is subject to additional obligations under
Division 3B of this Part.
(3) Otherwise, an officer assesses the chemical and prepares an assessment
report.
86 Subsections 23(4) to (9)
Repeal the subsections, substitute:
Notification statement for chemicals other than polymers
(4) A notification statement about the following new industrial chemicals
must contain the matters specified in Parts A and B of the Schedule:
(a) a new industrial chemical (other than a polymer) that is to be
introduced by the applicant in a quantity of not more than one tonne in any 12
month period;
(b) a new industrial chemical (other than a polymer) that is to be
manufactured in Australia by the applicant:
(i) solely for the purposes of further manufacture at the site of its
manufacture; and
(ii) in a quantity of not more than 10 tonnes in any 12 month
period.
Note: Polymers are dealt with in subsections (6), (7)
and (8).
(5) A notification statement about any other chemical (other than a
polymer) must contain the matters specified in Parts A, B and C of the
Schedule.
Note: Polymers are dealt with in subsections (6), (7)
and (8).
Notification statement for polymers
(6) A notification statement about a polymer (other than a polymer of low
concern) must contain the matters specified in Parts A, B and D of the
Schedule.
Note: Section 24A describes the contents of the
document that needs to accompany an application in respect of a polymer of low
concern.
(7) A notification statement about the following polymers (other than one
referred to in subsection (8)) must also contain the matters specified in
Part C of the Schedule:
(a) a biopolymer; and
(b) a synthetic polymer having a number-average molecular weight of less
than 1,000.
(8) A notification statement about the following polymers does not need to
contain the matters specified in Part C of the Schedule:
(a) a biopolymer that is to be introduced by the applicant in a quantity
of not more than one tonne in any 12 month period;
(b) a biopolymer that is to be manufactured in Australia by or on behalf
of the applicant:
(i) solely for the purposes of further manufacture at the site of its
manufacture; and
(ii) in a quantity of not more than 10 tonnes in any 12 month
period;
(c) a polymer of low concern.
Note 1: The heading to section 23 is replaced by the
heading “Application for a non-self-assessed assessment certificate for
any chemical”.
Note 2: The following heading to subsection 23(1) is
inserted “Who may make an application for a non-self-assessed
assessment certificate”.
Note 3: The following heading to subsection 23(2) is
inserted “Requirements for the application”.
Note 4: The following heading to subsection 23(10) is
inserted “Other requirements for the
application”.
87 After section 23
Insert:
(1) A manufacturer or importer of any of the following new industrial
chemicals may apply for a self-assessed assessment certificate for the
chemical:
(a) a polymer of low concern;
(b) a non-hazardous chemical;
(c) any other chemical, or class of chemical, the criteria for which
are prescribed by the regulations.
Note: A manufacturer or importer of any of those new
industrial chemicals can still apply under section 23 for a
non-self-assessed assessment certificate.
(2) The application must be in writing in the approved form.
(3) The application must be given to the Director, together with a
statement signed by the applicant that the information provided in the form is
correct.
88 Section 24A
Omit “synthetic”.
Note: The heading to section 24A is altered by omitting
“synthetic”.
89 Section 24A
Omit “prescribed”, substitute “approved”.
90 Section 25
After “An application”, insert “under section 23 or
23A”.
91 Section 25
After “notification statement”, insert “or approved
form”.
92 Subsection 26(1)
After “An applicant”, insert “under section 23 or
23A”.
93 Paragraph 27(1)(a)
After “been made”, insert “under section 23 or
23A”.
94 Paragraph 27(1)(b)
Repeal the paragraph, substitute:
(b) either:
(i) the notification statement accompanying the application does not
contain sufficient information about a matter required under section 23;
or
(ii) the applicant has not included sufficient information about a matter
referred to in the approved form under section 23A or 24A;
95 Paragraph 27(2)(a)
After “has been made”, insert “under
section 23”.
96 Subsection 27(4)
Omit “subsection 31 (2)”, substitute “subsection
31A(1)”.
97 Subsection 28(1)
After “has been made”, insert “under section 23 or
23A”.
98 Subsection 30A(1)
Omit “under section 23 for an assessment certificate for a
chemical”, substitute “under section 23 or 23A for an
assessment certificate for a chemical of a kind mentioned in
subsection (1A)”.
99 After subsection 30A(1)
Insert:
(1A) An application may be made under subsection (1) in respect of
the following chemicals:
(a) a polymer of low concern;
(b) a non-hazardous chemical;
(c) any other chemical, or class of chemical, the criteria for which
are prescribed by the regulations.
100 Subsection 30A(3)
Repeal the subsection, substitute:
(3) The Director may grant the permit if he or she is satisfied that the
chemical is a chemical of a kind mentioned in subsection (1A).
101 Subsection 30A(4)
Repeal the subsection.
102 Subsection 30A(6)
Omit “satisfied as to the matters mentioned in
subsection (3)”, substitute “able to determine whether the
chemical is a chemical of a kind mentioned in
subsection (1A)”.
103 Paragraph 30A(6)(a)
Omit “on those matters”, substitute “on whether the
chemical is a chemical of a kind mentioned in
subsection (1A)”.
104 Paragraph 30C(1)(b)
Omit “any of the matters mentioned in subsection 30A(3) or
(4)”, substitute “whether the chemical is a chemical of a kind
mentioned in subsection 30A(1A)”.
105 Division 3 of Part 3
(heading)
Repeal the heading, substitute:
106 Paragraph 31(1)(a)
After “section 23”, insert “or 23A”.
107 Subsection 31(1)
After “section 32”, insert “or 33A”.
108 At the end of subsection
31(1)
Add:
Note: The report of the assessment for polymers of low
concern and other chemicals referred to in section 23A might be the
application form under that section (see sections 33A and
33B).
109 Subsections 31(2) to (4)
Repeal the subsections.
110 After section 31
Insert:
Time periods for applications for non-self-assessed assessment
certificates under section 23
(1) An assessment of an application under section 23 is to be made
and the assessment report, the full public report and the summary report
completed within:
(a) if a notice or notices requiring additional information were given
under section 27—90 days after the day on which the information was
provided; and
(b) otherwise—90 days after the day on which the application was
made.
Note: The Minister may extend the 90 day period under
subsection (3).
Time periods to exclude time taken to provide requested
information
(2) 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 referred to in subsection (1).
Minister may extend time period
(3) If it is not reasonably practicable for the assessment to be carried
out thoroughly, and the reports completed, within the period, the Minister may
extend the period by up to 90 days.
(4) The Minister must immediately notify the applicant of any extension
under subsection (3).
Time periods for applications for self-assessed assessment certificates
under section 23A
(1) An assessment of an application under section 23A is to be made
and either:
(a) the assessment report, the full public report and the summary report
completed; or
(b) a notice given under subsection 33C(2);
within:
(c) if a notice or notices requiring additional information were given
under section 27—28 days after the day on which the information was
provided; and
(d) otherwise—28 days after the day on which the application was
made.
Note: The Minister may extend the 28 day period under
subsection (3).
Time periods to exclude time taken to provide requested
information
(2) 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 28 days referred to in subsection (1).
Minister may extend time period
(3) If it is not reasonably practicable for subsection (1) to be
complied with within the period, the Minister may extend the period by up to 28
days.
(4) The Minister must immediately notify the applicant of any extension
under subsection (3).
Deemed refusal of application for self-assessed assessment
certificate
(5) An application for a self-assessed assessment certificate is taken to
have been refused if subsection (1) is not complied with within the period
required by this section.
111 Subsection 32(1)
After “an assessment of”, insert “an application under
section 23 for”.
Note: The heading to section 32 is altered by omitting
“assessment” and substituting “non-self-assessed
assessment”.
112 Section 33
After “assessment report”, insert “(other than an
assessment report referred to in section 33B
(self-assessment))”.
Note: The heading to section 33 is altered by omitting
“assessment report” and substituting
“non-self-assessed assessment report”.
113 After section 33
Insert:
An officer assessing an application under section 23A for an
industrial chemical must:
(a) determine whether the chemical is a chemical of a kind referred to in
subsection 23A(1); and
(b) determine the risk (if any) of the adverse effects referred to in
section 32.
(1) If the officer determines:
(a) that the chemical is a chemical of a kind referred to in subsection
23A(1); and
(b) that there is no possibility of an unreasonable risk of any of the
adverse effects referred to in section 32 occurring;
then the officer must adopt the application made under section 23A for
the chemical as the assessment report under section 31.
(2) However, the officer may include in the assessment report additional
information or recommendations in respect of the chemical.
Note: For example, the officer may adopt the application as
the assessment report but also recommend in the report the secondary
notification of the chemical in particular circumstances.
Persons can be moved from the self-assessed to the non-self-assessed
system
(1) If the officer determines:
(a) that the chemical is not a chemical of a kind referred to in
subsection 23A(1); or
(b) that there is a possibility of an unreasonable risk of one or more of
the adverse effects referred to in section 32 occurring;
then the officer must refuse the application for a self-assessed assessment
certificate.
Notification of refusal of application
(2) If the officer refuses the application, he or she must give to the
applicant a written notice of the decision, as soon as practicable, that sets
out:
(a) the findings on material questions of fact; and
(b) the evidence or other material on which those findings were based;
and
(c) the reasons for the decision.
Person may make a new application under section 23
(3) After a person’s application for a self-assessed assessment
certificate has been refused then the person may make a new application in
respect of the chemical under section 23.
Person must pay additional application fee
(4) If the person makes such an application under section 23 in
respect of a chemical, then the person must pay any difference between the
amount prescribed under section 110 for applications under section 23
and the amount already paid for the application previously made under
section 23A in respect of the chemical.
114 Section 36
Repeal the section, substitute:
Notice after completing non-self-assessed assessment
report
(1) As soon as is reasonably practicable after completing:
(a) an assessment report (other than an assessment report referred to in
section 33B (self-assessment)) about a chemical; and
(b) the full public report about the chemical; and
(c) the summary report about the chemical;
the Director must give the applicant for the assessment
certificate:
(d) a copy of the reports; and
(e) a notice setting out the terms of sections 37 and 38.
Notice after completing self-assessed assessment report
(2) As soon as is reasonably practicable after completing:
(a) an assessment report referred to in section 33B (self-assessment)
about a chemical; and
(b) the full public report about the chemical; and
(c) the summary report about the chemical;
the Director must give the applicant for the assessment
certificate:
(d) a copy of the reports; and
(e) a notice setting out the terms of section 38.
Note: The Director must also give the applicant the
self-assessed assessment certificate (see subsection 39(1A)).
115 Subsection 37(1)
Omit “section 36”, substitute “subsection
36(1)”.
116 Paragraph 38(3)(a)
Omit “section 37”, substitute “section 25 or
37”.
117 Before subsection 39(1)
Insert:
(1A) If an applicant is given a notice under subsection 36(2)
(self-assessment), the Director must give the applicant a certificate at the
same time containing such information as is prescribed by the
regulations.
Note: A person who holds a self-assessed assessment
certificate must comply with the obligations in Division 3B of this
Part.
118 Subsection 39(1)
Omit “Within”, substitute “Otherwise,
within”.
119 At the end of
section 39
Add:
(3) If the Director gives an applicant a certificate in respect of a
chemical, the Director must also notify the applicant in writing that the
applicant may apply to have the chemical included in the non-confidential
section of the Inventory under section 13B.
120 After subsection 40A(1)
Insert:
(1A) However, an importer or manufacturer may not apply for extension of a
self-assessed assessment certificate.
121 Subsections 40A(3) and (4)
Omit “synthetic”.
122 Subsection 40A(4)
Omit “prescribed”, substitute “approved”.
123 At the end of
section 40H
Add:
(4) However, if the importation or manufacture of the chemical is subject
to a condition of use included in the Inventory under section 13, then the
certificate only ceases to be in force to the extent that it relates to that
condition of use.
124 After Division 3A of
Part 3
Insert:
(1) A person who is issued:
(a) a low volume permit; or
(b) a controlled use permit; or
(c) a self-assessed assessment certificate;
must keep records to support any statement made in or in connection with
the application for the permit or certificate, or any application for a renewal
of the permit.
(2) The records must be kept for 5 years from the date the permit or
certificate is issued.
(3) A person commits an offence if:
(a) the person is required to keep records under subsection (1) or
(2); and
(b) the person fails to do so.
Penalty: 120 penalty units.
Making of request
(1) If the Director believes on reasonable grounds that a person who is
issued:
(a) a low volume permit; or
(b) a controlled use permit; or
(c) a self-assessed assessment certificate;
has particular information or a particular document that is relevant to any
statement made in or in connection with the application for the permit or
certificate, or any application for a renewal of the permit, the Director may
request the person to give the information, or produce the document, to the
Director.
Form of request
(2) A request given to a person under subsection (1) must:
(a) be made in writing; and
(b) state what information the person must give, or what document the
person must produce, to the Director; and
(c) specify the day on or before which the person must give the
information or produce the document (which must be a day at least 14 days after
the day on which the Director makes the request); and
(d) specify how the person is to give the information, or produce the
document, to the Director; and
(e) contain a statement to the effect that a failure to comply with the
request is an offence.
Offence
(3) A person commits an offence if:
(a) the person is required to give information or produce a document under
subsection (1); and
(b) the person fails to give the information or produce the
document.
Penalty: 60 penalty units.
(1) An individual is not excused from giving information or producing a
document under section 40L on the ground that the information or the
production of the document might tend to incriminate the individual or expose
the individual to a penalty.
(2) However:
(a) the information given or the document produced; or
(b) giving the information or producing the document; or
(c) any information, document or thing obtained as a direct or indirect
consequence of giving the information or producing the document;
is not admissible in evidence against the individual in criminal
proceedings other than:
(d) proceedings for an offence against subsection 40L(3); or
(e) proceedings for an offence against section 137.1 or 137.2 of the
Criminal Code that relates to this Act.
(1) A person who is issued:
(a) a commercial evaluation permit; or
(b) a low volume permit; or
(c) a controlled use permit; or
(d) a self-assessed assessment certificate;
in respect of an industrial chemical must provide a report to the Director
each registration year.
(2) The report must state the following:
(a) the name of the chemical in respect of which the permit or certificate
is issued; and
(b) the volume of the chemical that was introduced during the year;
and
(c) any adverse effect of the chemical on occupational health and safety,
public health or the environment of which the person has become aware during the
year.
(3) The report must be provided before or on 28 September of the
following registration year.
(4) A person commits an offence if:
(a) the person is required to provide an annual report in accordance with
this section; and
(b) the person fails to do so.
Penalty: 10 penalty units.
Note: If a person does not provide the report in accordance
with this section before or on 28 September, the obligation to do so
continues after that date, with daily offences being committed until the
obligation is complied with (see section 4K of the Crimes Act
1914).
(5) Subsection 4K(2) of the Crimes Act 1914 ceases to apply in
relation to an offence against subsection (4) of this section at the end of
the 12th day after 28 September (being 10 October).
Note: Because of this subsection, 120 penalty units is the
maximum penalty that can be imposed for offences against
subsection (4).
125 Paragraph 41(3)(d)
After “manufacturer applies”, insert “under
section 23”.
126 Subsection 44(1)
After “an application” (first occurring), insert “under
section 23”.
127 Section 47
Repeal the section, substitute:
This Division does not apply in relation to new industrial chemicals
other than those covered by a commercial evaluation permit or those referred to
in:
(a) paragraph 21(3)(b) or (e); or
(b) subsection 21(4); or
(c) paragraph 21(6)(a) or (b).
128 Paragraph 64(1)(a)
Repeal the paragraph, substitute:
(a) either or both of the following recommends the secondary notification
of the chemical in particular circumstances:
(i) an assessment report about a chemical;
(ii) particulars included in respect of a chemical in the Inventory;
and
129 Paragraph 64(2)(d)
Omit “adverse health effects or adverse environmental effects”,
substitute “an adverse effect of the chemical on occupational health and
safety, public health or the environment”.
130 Paragraph 64(2)(e)
Omit “the adverse health effects or adverse environmental effects of
the chemical”, substitute “an adverse effect of the chemical on
occupational health and safety, public health or the
environment”.
131 After subsection 64(2)
Insert:
(2A) To avoid doubt, the reference in subsection (2) to an industrial
chemical that has been assessed under this Act includes a reference
to:
(a) a chemical that has been assessed under section 33A
(self-assessment); and
(b) a chemical that has been assessed but that is now included in the
Inventory.
132 Subsection 75(1)
After “21ZB,”, insert “22O,”.
133 Section 80A
Repeal the section, substitute:
(1) The purpose of this Part is to require every person who introduces
relevant industrial chemicals during a year, or who proposes to do so, to become
registered for the year. A person who does not become registered might commit an
offence.
(2) Every person who applies to be registered must pay a prescribed fee
for the application.
(3) However, broadly speaking, only those who introduced chemicals of at
least the threshold value last financial year, or who propose to introduce
chemicals of at least that value during this financial year, must pay a
registration charge. (A person who pays the charge at the beginning of the year
but who does not in fact introduce chemicals of at least the threshold value
during the year is entitled to a refund.)
134 Subsection 80B(1)
Omit “A person must not introduce any relevant industrial chemicals
in a registration year if”, substitute “A person commits an offence
if”.
Note: The heading to section 80B is altered by omitting
“in certain circumstances”.
135 Paragraph 80B(1)(a)
Repeal the paragraph, substitute:
(a) the person introduces any relevant industrial chemicals in a
registration year; and
136 Subsection 80E(1)
Repeal the subsection, substitute:
(1) Any person may apply to the Director to be registered in relation to a
registration year.
Note: The heading to section 80E is replaced with the
heading “Applying for new registration”.
137 Paragraph 80F(e)
Before “be accompanied by”, insert “if the person is a
chargeable person in relation to that registration year—”.
138 Subsection 80G(1)
Repeal the subsection, substitute:
(1) The Director must grant an application, in relation to a registration
year, if he or she is satisfied that the application complies with
section 80F.
Note: The heading to section 80G is altered by omitting
“or refusal”.
139 Subsections 80G(2) and (3)
Repeal the subsections, substitute:
(2) The Director must inform the applicant of the grant by written
notice.
140 Subsection 80G(4)
Omit “or refuses”.
141 Subsection 80K(1)
Repeal the subsection, substitute:
(1) A person who is registered in relation to a particular registration
year may apply for a renewal of registration in relation to the next
registration year.
Note: The heading to section 80K is replaced by the
heading “Applying for renewal of
registration”.
142 Paragraph 80KA(1)(e)
Before “be accompanied by”, insert “if the person is a
chargeable person in relation to that registration year—”.
143 Subsection 80KA(2)
Repeal the subsection, substitute:
(2) The Director must grant the renewal application if he or she is
satisfied that the application complies with the requirements of
subsection (1) and section 80K.
144 Subsection 80KA(3)
Repeal the subsection.
145 Subsection 80KA(4)
Omit “or refuse”.
146 Subsection 80KA(4)
Omit “or refuses”.
147 Paragraph 80KB(2)(c)
Before “be accompanied by”, insert “if the person is a
chargeable person in relation to that registration year—”.
148 Subsection 80KB(3)
Repeal the subsection, substitute:
(3) The Director must grant the late renewal application if he or she is
satisfied that the application complies with the requirements of
subsection (2).
149 Subsection 80KB(4)
Repeal the subsection.
150 Paragraph 80KB(5)(a)
Omit “or refuses”.
151 Paragraph 80KB(5)(b)
Omit “if the Director”, substitute “when the
Director”.
152 Subsection 80KC(1)
Omit “or refusal”.
153 Subsection 80KC(2)
Repeal the subsection.
154 Subsection 80L(1)
Omit “decided”, substitute “granted”.
155 Paragraph 80P(3)(b)
Repeal the paragraph, substitute:
(b) if the person has paid an amount as or on account of registration
charge—notify the person in writing that the person is entitled to be
repaid that amount; and
156 Paragraph 80P(3)(c)
Omit “whether an assessment under paragraph 80QA(1)(a) had been
issued or not and”.
157 Subsection 80P(4)
Omit “will be a registrable person”, substitute “will
seek registration”.
158 At the end of subsection
80QA(1)
Add:
; and (c) if registration charge is payable by that person but the person
is entitled to be repaid the charge under subsection 80P(3)—the amount of
the charge so payable and the amount of the repayment.
159 Paragraph 80QD(1)(a)
Repeal the paragraph, substitute:
(a) a person makes an application for registration, or renewal of
registration, in relation to a registration year; and
160 Subsection 80QD(1)
Omit “work out the”, substitute “work out whether the
registration charge is payable and any”.
161 Section 80S
Omit “A person to whom”, substitute “A chargeable person
to whom”.
162 Subsection 80T(1)
Omit “registrable person”, substitute “chargeable
person”.
163 Subsection 80T(2)
Omit “registrable person” (first occurring), substitute
“chargeable person”.
164 Subparagraphs 80T(2)(a)(i) and
(b)(i)
Omit “registrable person”, substitute “chargeable
person”.
165 Subsection 80W(1)
Repeal the subsection, substitute:
(1) If:
(a) the Director reasonably believes that a person may introduce or may
have introduced a relevant industrial chemical during 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 during the period
specified in the notice.
166 Section 80Y
Repeal the section.
167 Paragraph 102(1)(a)
Omit “31(3),”, substitute “31A(3),
31B(3),”.
168 Paragraph 102(1)(b)
After “21W(3), (4) or (6),”, insert “22F(4), 22H(5) or
(6), section 22J, subsection”.
169 Paragraph 102(1)(b)
Omit “30C(1)),”, substitute “30C(1),
section 33C,”.
170 Paragraph 102(1)(b)
Omit “80G(2), 80KA(3), 80KB(4),”.
171 At the end of subsection
102(1)
Add:
; or (c) the condition of use to which a controlled use permit is subject
under subsection 22H(1); or
(d) a decision by the Director under section 13A to include or vary
particulars in the Inventory in respect of a chemical.
172 After subsection 102(1)
Insert:
(1A) A person may not make an application for review under
paragraph (1)(d) in respect of a decision to include or vary particulars in
the Inventory in respect of a chemical if:
(a) the person could have made or did make an application in respect of a
refusal under paragraph 37(2)(b) to vary an assessment report about the
chemical; and
(b) the variation sought by the person related to recommendations in the
report that were the same as or similar to the particulars.
Note: For example, a person applies for review of a refusal
to vary recommendations in an assessment report relating to conditions of use
for a particular chemical. Under subsection (1A), the person is not
entitled to apply for review of a decision to include the same or similar
conditions of use for the chemical in the Inventory.
173 Subsection 102(2)
Omit “subsection (1)”, substitute
“subsections (1) and (1A)”.
174 Before paragraph 110(1)(a)
Insert:
(aa) an application under section 13B that is made after 28 days of
the giving of an assessment certificate;
175 After paragraph 110(1)(ca)
Insert:
(cb) an application under section 21B for a renewal of a commercial
evaluation permit;
(cc) an application under section 21R for a low volume
permit;
(cd) an application under section 21R for a renewal of a low volume
permit;
(ce) an application under section 22B for a controlled use
permit;
(cf) an application under section 22B for a renewal of a controlled
use permit;
176 After paragraph 110(1)(e)
Insert:
(ea) an application under section 23A for a self-assessed assessment
certificate;
177 Paragraph 110(1)(g)
After “21ZB,”, insert “22O,”.
178 Paragraph 110(1)(ua)
Omit “subsection 80F(1)”, substitute
“section 80F”.
179 Paragraph 110(1)(ub)
Omit “80KB(2);”, substitute “80KB(2).”.
180 Paragraph 110(1)(v)
Repeal the paragraph.
181 After subsection 110(1)
Insert:
(1A) For the purposes of paragraph (1)(ea), the regulations may
prescribe different fees or different methods of calculating fees for an
application under section 23A in respect of different chemicals or
different classes of chemicals.
182 After section 110A
Insert:
A form approved by the Director for the purposes of this Act may be an
electronic form.
The Director must ensure that the Chemical Gazette is made publicly
available.
183 Item 1 of Part A of the
Schedule
Omit “subsections 23(4), (5), (6), (7), (8) and (9)”,
substitute “subsections 23(4), (5), (6), (7) and (8)”.
184 Item 3 of Part A of the
Schedule
Omit “hazardous substance”, substitute “hazardous
chemical”.
185 Application of certain
items
The amendments made by the following items apply to introductions on or
after the commencement date:
(a) item 5;
(b) items 39 to 43 and 127.
186 Application of annual reporting requirements
etc.
The amendment made by item 44 applies to registration years commencing
on or after the commencement date.
187 Application of items relating to definition of
polymer of low concern
The amendments made by items 14, 18, 88 and 121 apply to applications
made on or after the commencement date.
188 Application of items relating to adding
particulars to the Inventory
The amendments made by items 2, 10, 20 to 24, 26 to 38, 123, 128 to
131 and 171 to 173 apply in respect of any industrial chemical, even if
the chemical is already included in the Inventory.
189 Application of items relating to low volume
permits
The amendments made by items 62, 63 and 72 apply to applications for
low volume permits or renewals of low volume permits made on or after the
commencement date.
190 Application of items relating to renewal of
permits
(1) The amendments made by items 45 to 58, 60, 61 and 175 apply to
applications for a renewal of a commercial evaluation permit made on or after
the commencement date.
(2) The amendments made by items 9, 64 to 71, 73 to 79, 81 to 83, 175,
179 and 180 apply to applications for a renewal of a low volume permit made on
or after the commencement date.
191 Application of items relating to self-assessed
assessment certificates etc.
The amendments made by items 12, 14, 17, 19, 25, 85 to 87, 89 to 120,
122, 125, 126, 167, 169, 174, 176, 181 and 183 apply to applications for
assessment certificates or permits made on or after the commencement
date.
192 Application of items relating to obligations
relating to permits and self-assessed assessment
certificates
The amendments made by items 59, 80 and 124 apply to permits or
assessment certificates issued in respect of applications made on or after the
commencement date.
193 Amendments relating to registration
fees
The amendments made by items 1, 15, 16, 133 to 165 and 170 apply to
registration years commencing on or after the commencement date.
194 Definition of commencement
date
In this Part:
commencement date means the date on which Schedule 1
commences.