Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Industrial Chemicals (Consequential
Amendments and Transitional
Provisions) Bill 2017
No. , 2017
(Health)
A Bill for an Act to deal with consequential and
transitional matters arising from the enactment of
the Industrial Chemicals Act 2017, and for related
purposes
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Repeals and amendments of Acts
3
Part 1--Repeals of Acts
3
Industrial Chemicals (Notification and Assessment) Act 1989
3
Industrial Chemicals (Registration Charge--Customs) Act 1997
3
Industrial Chemicals (Registration Charge--Excise) Act 1997
3
Industrial Chemicals (Registration Charge--General) Act 1997
3
Part 2--Consequential amendments
4
Agricultural and Veterinary Chemicals Act 1994
4
Criminal Code Act 1995
4
Trans-Tasman Mutual Recognition Act 1997
4
Schedule 2--Application, savings and transitional provisions
5
Part 1--Preliminary
5
Part 2--Application and savings provisions
6
Part 3--Persons appointed under old law
8
Part 4--Registration
9
Part 5--Assessment certificates etc.
11
Division 1--Assessment certificates
11
Division 2--Commercial evaluation permits
12
Division 3--Low volume permits
14
Division 4--Controlled use permits
16
Division 5--Introductions under section 21 of old law
18
Part 6--Protection of confidential information
20
Part 7--Inventory
23
Division 1--Industrial chemicals included in old Inventory
23
Division 2--Pending applications
24
ii
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
Division 3--Confidential listings
25
Part 8--Miscellaneous
29
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
1
A Bill for an Act to deal with consequential and
1
transitional matters arising from the enactment of
2
the Industrial Chemicals Act 2017, and for related
3
purposes
4
The Parliament of Australia enacts:
5
1 Short title
6
This Act is the Industrial Chemicals (Consequential Amendments
7
and Transitional Provisions) Act 2017.
8
2 Commencement
9
(1) Each provision of this Act specified in column 1 of the table
10
commences, or is taken to have commenced, in accordance with
11
2
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
column 2 of the table. Any other statement in column 2 has effect
1
according to its terms.
2
3
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedules 1
and 2
The later of:
(a) the start of the day after this Act receives
the Royal Assent; and
(b) immediately after the commencement of
section 3 of the Industrial Chemicals Act
2017.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
Note:
This table relates only to the provisions of this Act as originally
4
enacted. It will not be amended to deal with any later amendments of
5
this Act.
6
(2) Any information in column 3 of the table is not part of this Act.
7
Information may be inserted in this column, or information in it
8
may be edited, in any published version of this Act.
9
3 Schedules
10
Legislation that is specified in a Schedule to this Act is amended or
11
repealed as set out in the applicable items in the Schedule
12
concerned, and any other item in a Schedule to this Act has effect
13
according to its terms.
14
Repeals and amendments of Acts Schedule 1
Repeals of Acts Part 1
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
3
Schedule 1--Repeals and amendments of
1
Acts
2
Part 1--Repeals of Acts
3
Industrial Chemicals (Notification and Assessment) Act 1989
4
1 The whole of the Act
5
Repeal the Act.
6
Industrial Chemicals (Registration Charge--Customs) Act
7
1997
8
2 The whole of the Act
9
Repeal the Act.
10
Industrial Chemicals (Registration Charge--Excise) Act
11
1997
12
3 The whole of the Act
13
Repeal the Act.
14
Industrial Chemicals (Registration Charge--General) Act
15
1997
16
4 The whole of the Act
17
Repeal the Act.
18
Schedule 1 Repeals and amendments of Acts
Part 2 Consequential amendments
4
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
Part 2--Consequential amendments
1
Agricultural and Veterinary Chemicals Act 1994
2
5 Subsection 7(2)
3
Omit "Industrial Chemicals (Notification and Assessment) Act 1989",
4
substitute "Industrial Chemicals Act 2017".
5
Criminal Code Act 1995
6
6 Paragraph 320.2(2)(i) of the Criminal Code
7
Omit "Industrial Chemicals (Notification and Assessment) Act 1989",
8
substitute "Industrial Chemicals Act 2017".
9
Trans-Tasman Mutual Recognition Act 1997
10
7 Clause 3 of Part 2 of Schedule 2
11
Omit "Industrial Chemicals (Notification and Assessment) Act 1989",
12
substitute "Industrial Chemicals Act 2017".
13
Application, savings and transitional provisions Schedule 2
Preliminary Part 1
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
5
Schedule 2--Application, savings and
1
transitional provisions
2
Part 1--Preliminary
3
1 Interpretation
4
(1)
In this Schedule:
5
confidential section of the old Inventory means the section of the old
6
Inventory referred to in subsections 12(4) and (4A) of the old law.
7
Director means the Director, National Industrial Chemicals Notification
8
and Assessment Scheme, appointed under section 90 of the old law.
9
new law means the Industrial Chemicals Act 2017 and any rules made
10
under that Act.
11
new Register means the Register established under section 14 of the
12
new law.
13
non-confidential section of the old Inventory means the section of the
14
old Inventory referred to in subsection 12(3) of the old law.
15
old Inventory means the Australian Inventory of Chemical Substances
16
referred to in section 11 of the old law.
17
old law means the Industrial Chemicals (Notification and Assessment)
18
Act 1989, and any regulations made under that Act, as in force
19
immediately before 1 July 2018.
20
transitional rules means rules made under item 50.
21
(2)
An expression used in this Schedule that is also used in the new law has
22
the same meaning in this Schedule as it has in the new law.
23
Schedule 2 Application, savings and transitional provisions
Part 2 Application and savings provisions
6
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
Part 2--Application and savings provisions
1
2 Registration charge
2
(1)
Despite the repeal of the old law by Part 1 of Schedule 1, the old law
3
continues to apply on and after 1 July 2018 in relation to registration
4
charge imposed before that day.
5
(2)
Despite the repeal of the Industrial Chemicals (Registration Charge--
6
Customs) Act 1997 by Part 1 of Schedule 1, that Act, as in force
7
immediately before 1 July 2018, continues to apply on and after that
8
day in relation to registration charge imposed before that day.
9
(3)
Despite the repeal of the Industrial Chemicals (Registration Charge--
10
Excise) Act 1997 by Part 1 of Schedule 1, that Act, as in force
11
immediately before 1 July 2018, continues to apply on and after that
12
day in relation to registration charge imposed before that day.
13
(4)
Despite the repeal of the Industrial Chemicals (Registration Charge--
14
General) Act 1997 by Part 1 of Schedule 1, that Act, as in force
15
immediately before 1 July 2018, continues to apply on and after that
16
day in relation to registration charge imposed before that day.
17
3 Registration for registration year beginning on 1 September
18
2017 and earlier years
19
Despite the repeal of the old law by Part 1 of Schedule 1, the old law
20
continues to apply on and after 1 July 2018 in relation to registration
21
for:
22
(a) the registration year beginning on 1 September 2017; and
23
(b) each earlier registration year.
24
4 Early introduction permits
25
(1)
Despite the repeal of the old law by Part 1 of Schedule 1:
26
(a) section 30A of the old law continues to apply in relation to an
27
application (the related application) for an assessment
28
certificate for an industrial chemical made under section 23
29
or 23A of the old law, until a decision is made on the related
30
application; and
31
Application, savings and transitional provisions Schedule 2
Application and savings provisions Part 2
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
7
(b) a permit granted under subsection 30A(3) of the old law is
1
taken to be an authorisation for the introduction of the
2
industrial chemical under section 27 of the new law until a
3
decision is made on the related application under the new
4
law.
5
(2)
To avoid doubt, subitem (1) does not limit the operation of item 13
6
(which deals with pending applications for assessment certificates).
7
5 Review of decisions made before 1 July 2018
8
Despite the repeal of the old law by Part 1 of Schedule 1, section 102 of
9
that Act, as in force immediately before 1 July 2018, continues to apply
10
in relation to a decision made before that day.
11
Schedule 2 Application, savings and transitional provisions
Part 3 Persons appointed under old law
8
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
Part 3--Persons appointed under old law
1
6 Director under old law
2
(1)
This item applies to a person who was, immediately before 1 July 2018,
3
the Director under section 90 of the old law.
4
(2)
For the purposes of the new law, on and after 1 July 2018, the person is
5
taken to have been appointed as the Executive Director under
6
section 143 of the new law.
7
(3)
The person holds office, on and after 1 July 2018:
8
(a) on the terms and conditions that were applicable to the
9
person immediately before that day; and
10
(b) for the balance of the person's term of appointment that
11
remained immediately before that day.
12
(4)
Despite subitem (3), the Minister may, by writing, determine different
13
terms and conditions (other than terms and conditions covered by a
14
determination referred to in subitem (5)) that are to apply to the person
15
for any part of the remaining balance of the person's term of
16
appointment.
17
(5)
A determination in operation under the Remuneration Tribunal Act
18
1973 immediately before 1 July 2018 in relation to the person:
19
(a) continues in operation until another determination comes into
20
operation in substitution for it; and
21
(b) before then, may be varied in accordance with that Act.
22
7 Inspectors under old law
23
A person who was, immediately before 1 July 2018, an inspector
24
appointed under subsection 84(1) of the old law is taken, on and after
25
that day, to have been appointed as an authorised inspector under
26
section 137 of the new law.
27
Application, savings and transitional provisions Schedule 2
Registration Part 4
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
9
Part 4--Registration
1
8 Register of Industrial Chemical Introducers
2
The Register of Industrial Chemical Introducers that was kept under
3
section 80C of the old law continues in existence, on and after 1 July
4
2018, in relation to the registration year beginning on 1 September 2017
5
by force of this item.
6
9 Persons registered under old law
7
(1)
This item applies in relation to a person if, immediately before 1 July
8
2018, the person was registered under the old law in relation to the
9
registration year beginning on 1 September 2018.
10
(2)
For the purposes of the new law, subject to any modifications
11
prescribed by the transitional rules:
12
(a) the person is taken, on and after 1 July 2018, to be registered
13
under the new law for the registration year beginning on
14
1 September 2018; and
15
(b) the person's registration number under the old law is taken to
16
be the registration number allocated to the person under
17
section 17 of the new law.
18
(3)
To avoid doubt, nothing in this item is taken to change the time at
19
which the person was registered.
20
10 Pending applications for registration or renewal of
21
registration
22
(1)
This item applies in relation to an application, if:
23
(a) the application is for:
24
(i) registration under section 80E of the old law; or
25
(ii) renewal of registration under section 80K of the old
26
law; and
27
(b) the application is in relation to the registration year beginning
28
on 1 September 2018; and
29
(c) the application is pending immediately before 1 July 2018.
30
Schedule 2 Application, savings and transitional provisions
Part 4 Registration
10
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
(2)
For the purposes of the new law, subject to any modifications
1
prescribed by the transitional rules, the application has effect, on and
2
after 1 July 2018, as if it were an application made under section 16 of
3
the new law.
4
Application, savings and transitional provisions Schedule 2
Assessment certificates etc. Part 5
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
11
Part 5--Assessment certificates etc.
1
Division 1
--Assessment certificates
2
11 Assessment certificates issued under old law
3
(1)
This item applies in relation to an assessment certificate for an
4
industrial chemical that is in force under the old law immediately before
5
1 July 2018.
6
(2)
For the purposes of the new law, subject to this Part and any
7
modifications prescribed by the transitional rules:
8
(a) the assessment certificate is taken, on and after 1 July 2018,
9
to be an assessment certificate issued for the industrial
10
chemical under the new law; and
11
(b) the person who was, immediately before 1 July 2018, the
12
holder in relation to the assessment certificate is taken to be
13
the holder of the assessment certificate under the new law;
14
and
15
(c) if the assessment certificate has been extended under the old
16
law to cover a person--the person is taken to be covered by
17
the assessment certificate under the new law; and
18
(d) the terms of the assessment certificate under the old law are
19
taken to be the terms of the assessment certificate under the
20
new law; and
21
(e) the notification obligations under subsections 64(1) and (2)
22
of the old law (other than paragraph (2)(e)) are taken to be
23
specific requirements to provide information to the Executive
24
Director under paragraph 38(1)(d) of the new law.
25
(3)
To avoid doubt, nothing in this item is taken to change the time at
26
which the assessment certificate was issued.
27
12 Publication requirements for assessment statements
28
Subsections 49(6), 50(8) and 52(7) of the new law do not apply in
29
relation to an assessment certificate that is taken to have been issued
30
under the new law in accordance with item 11.
31
Schedule 2 Application, savings and transitional provisions
Part 5 Assessment certificates etc.
12
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
13 Pending applications for assessment certificates
1
(1)
This item applies in relation to an application, if:
2
(a) the application is for an assessment certificate for an
3
industrial chemical under section 23 of the old law; and
4
(b) the application is pending immediately before 1 July 2018.
5
(2)
For the purposes of the new law, subject to this Part and any
6
modifications prescribed by the transitional rules, the application has
7
effect, on and after 1 July 2018, as if it were an application for an
8
assessment certificate for the introduction of the industrial chemical
9
made under section 31 of the new law.
10
14 Consultation required with prescribed bodies
11
Section 34 of the new law does not apply in relation to an application
12
for an assessment certificate that is taken to have been made under the
13
new law in accordance with item 13.
14
15 Conditions on assessment certificate
15
Subsection 38(2) of the new law does not apply in relation to an
16
assessment certificate that:
17
(a) is taken to have been issued under the new law in accordance
18
with item 11; or
19
(b) is issued under the new law in accordance with item 13.
20
16 Publication requirements for assessment statements
21
Subsection 37(7) of the new law does not apply in relation to an
22
assessment certificate that is issued under the new law in accordance
23
with item 13.
24
Division 2
--Commercial evaluation permits
25
17 Commercial evaluation permits issued under old law
26
(1)
This item applies in relation to a commercial evaluation permit for the
27
introduction of an industrial chemical that is in force under the old law
28
immediately before 1 July 2018.
29
(2)
For the purposes of the new law, subject to this Part and any
30
modifications prescribed by the transitional rules:
31
Application, savings and transitional provisions Schedule 2
Assessment certificates etc. Part 5
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
13
(a) the commercial evaluation permit is taken, on and after 1 July
1
2018, to be a commercial evaluation authorisation for the
2
introduction of the industrial chemical issued under the new
3
law; and
4
(b) the person who was, immediately before 1 July 2018, the
5
holder of the commercial evaluation permit is taken to be the
6
holder of the commercial evaluation authorisation under the
7
new law; and
8
(c) the terms of the commercial evaluation permit under the old
9
law are taken to be the terms of the commercial evaluation
10
authorisation under the new law; and
11
(d) the conditions the commercial evaluation permit is subject to
12
under subsection 21L(1) of the old law are taken to be
13
conditions relating to the introduction or use of the industrial
14
chemical under paragraph 59(1)(e) of the new law; and
15
(e) the remaining period for which the commercial evaluation
16
permit would have been in force under section 21K of the old
17
law is taken to be the period for which the authorisation is in
18
force under the new law.
19
18 Pending applications for commercial evaluation permits
20
(1)
This item applies in relation to an application, if:
21
(a) the application is for:
22
(i) a commercial evaluation permit relating to an industrial
23
chemical under subsection 21B(1) of the old law; or
24
(ii) renewal of a commercial evaluation permit relating to
25
an industrial chemical under subsection 21B(2) of the
26
old law; and
27
(b) the application is pending immediately before 1 July 2018.
28
(2)
For the purposes of the new law, subject to this Part and any
29
modifications prescribed by the transitional rules, the application has
30
effect, on and after 1 July 2018, as if it were an application for a
31
commercial evaluation authorisation for the introduction of the
32
industrial chemical made under section 53 of the new law.
33
Schedule 2 Application, savings and transitional provisions
Part 5 Assessment certificates etc.
14
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
Division 3
--Low volume permits
1
19 Low volume permits issued under old law
2
(1)
This item applies in relation to a low volume permit in respect of an
3
industrial chemical that is in force under the old law immediately before
4
1 July 2018.
5
(2)
For the purposes of the new law, subject to this Part and any
6
modifications prescribed by the transitional rules:
7
(a) the low volume permit is taken, on and after 1 July 2018, to
8
be an assessment certificate issued for the industrial chemical
9
under the new law; and
10
(b) the person who was, immediately before 1 July 2018, the
11
holder of the low volume permit is taken to be the holder of
12
the assessment certificate under the new law; and
13
(c) the terms of the low volume permit under the old law are
14
taken to be the terms of the assessment certificate under the
15
new law; and
16
(d) any conditions the low volume permit is subject to under
17
subsection 21W(3) of the old law are taken to be conditions
18
to which the assessment certificate is subject under
19
paragraph 38(1)(c) of the new law; and
20
(e) the condition the low volume permit is subject to under
21
subsection 21W(1) of the old law is taken to be a specific
22
requirement to provide information to the Executive Director
23
under paragraph 38(1)(d) of the new law; and
24
(f) section 39 of the new law applies in relation to the
25
assessment certificate as if that section expressly limited the
26
period for which the assessment certificate is in force to the
27
remaining period for which the permit would have been in
28
force under section 21V of the old law.
29
20 Publication requirements for assessment statements
30
Subsections 49(6), 50(8) and 52(7) of the new law do not apply in
31
relation to an assessment certificate that is taken to have been issued
32
under the new law in accordance with item 19.
33
Application, savings and transitional provisions Schedule 2
Assessment certificates etc. Part 5
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
15
21 Pending applications for low volume permits
1
(1)
This item applies in relation to an application, if:
2
(a) the application is for:
3
(i) a low volume permit in respect of an industrial chemical
4
under subsection 21R(1) of the old law; or
5
(ii) renewal of a low volume permit in respect of an
6
industrial chemical under subsection 21R(1A) of the old
7
law; and
8
(b) the application is pending immediately before 1 July 2018.
9
(2)
For the purposes of the new law, subject to this Part and any
10
modifications prescribed by the transitional rules:
11
(a) the application has effect, on and after 1 July 2018, as if it
12
were an application for an assessment certificate for the
13
introduction of the industrial chemical made under section 31
14
of the new law; and
15
(b) if the assessment certificate is issued--section 39 of the new
16
law applies in relation to the assessment certificate as if that
17
section expressly limited the period for which the assessment
18
certificate is in force to the period of 3 years beginning the
19
day the assessment certificate is issued under the new law.
20
22 Consultation required with prescribed bodies
21
Section 34 of the new law does not apply in relation to an application
22
for an assessment certificate that is taken to have been made under the
23
new law in accordance with item 21.
24
23 Conditions on assessment certificate
25
Subsection 38(2) of the new law does not apply in relation to an
26
assessment certificate that:
27
(a) is taken to have been issued under the new law in accordance
28
with item 19; or
29
(b) is issued under the new law in accordance with item 21.
30
24 Publication requirements for assessment statements
31
Subsection 37(7) of the new law does not apply in relation to an
32
assessment certificate that is issued under the new law in accordance
33
with item 21.
34
Schedule 2 Application, savings and transitional provisions
Part 5 Assessment certificates etc.
16
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
25 Listing on Inventory for low volume permits
1
Section 83 of the new law does not apply in relation to an assessment
2
certificate that:
3
(a) is taken to have been issued under the new law in accordance
4
with item 19; or
5
(b) is issued under the new law in accordance with item 21.
6
Division 4
--Controlled use permits
7
26 Controlled use permits issued under old law
8
(1)
This item applies in relation to a controlled use permit in respect of an
9
industrial chemical that is in force under the old law immediately before
10
1 July 2018.
11
(2)
For the purposes of the new law, subject to this Part and any
12
modifications prescribed by the transitional rules:
13
(a) the controlled use permit is taken, on and after 1 July 2018,
14
to be an assessment certificate issued for the industrial
15
chemical under the new law; and
16
(b) the person who was, immediately before 1 July 2018, the
17
holder of the controlled use permit is taken to be the holder
18
of the assessment certificate under the new law; and
19
(c) the terms of the controlled use permit under the old law are
20
taken to be the terms of the assessment certificate under the
21
new law; and
22
(d) the condition the controlled use permit is subject to under
23
subsection 22H(1) of the old law is taken to be a condition to
24
which the assessment certificate is subject under
25
paragraph 38(1)(c) of the new law; and
26
(e) the condition the controlled use permit is subject to under
27
subsection 22H(2) of the old law is taken to be a specific
28
requirement to provide information to the Executive Director
29
under paragraph 38(1)(d) of the new law; and
30
(f) section 39 of the new law applies in relation to the
31
assessment certificate as if that section expressly limited the
32
period for which the assessment certificate is in force to the
33
remaining period for which the permit would have been in
34
force under section 22G of the old law.
35
Application, savings and transitional provisions Schedule 2
Assessment certificates etc. Part 5
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
17
27 Publication requirements for assessment statements
1
Subsections 49(6), 50(8) and 52(7) of the new law do not apply in
2
relation to an assessment certificate that is taken to have been issued
3
under the new law in accordance with item 26.
4
28 Pending applications for controlled use permits
5
(1)
This item applies in relation to an application, if:
6
(a) the application is for:
7
(i) a controlled use permit in respect of an industrial
8
chemical under subsection 22B(1) of the old law; or
9
(ii) renewal of a controlled use permit in respect of an
10
industrial chemical under subsection 22B(2) of the old
11
law; and
12
(b) the application is pending immediately before 1 July 2018.
13
(2)
For the purposes of the new law, subject to this Part and any
14
modifications prescribed by the transitional rules:
15
(a) the application has effect, on and after 1 July 2018, as if it
16
were an application for an assessment certificate for the
17
introduction of the industrial chemical made under section 31
18
of the new law; and
19
(b) if the assessment certificate is issued--section 39 of the new
20
law applies in relation to the assessment certificate as if that
21
section expressly limited the period for which the assessment
22
certificate is in force to the period of 3 years beginning the
23
day the assessment certificate is issued under the new law.
24
29 Consultation required with prescribed bodies
25
Section 34 of the new law does not apply in relation to an application
26
for an assessment certificate that is taken to have been made under the
27
new law in accordance with item 28.
28
30 Conditions on assessment certificate
29
Subsection 38(2) of the new law does not apply in relation to an
30
assessment certificate that:
31
(a) is taken to have been issued under the new law in accordance
32
with item 26; or
33
(b) is issued under the new law in accordance with item 28.
34
Schedule 2 Application, savings and transitional provisions
Part 5 Assessment certificates etc.
18
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
31 Publication requirements for assessment statements
1
Subsection 37(7) of the new law does not apply in relation to an
2
assessment certificate that is issued under the new law in accordance
3
with item 28.
4
32 Listing on Inventory for controlled use permits
5
Section 83 of the new law does not apply in relation to an assessment
6
certificate that:
7
(a) is taken to have been issued under the new law in accordance
8
with item 26; or
9
(b) is issued under the new law in accordance with item 28.
10
Division 5
--Introductions under section 21 of old law
11
33 Introductions under section 21 of old law
12
(1)
This item applies in relation to the introduction of an industrial
13
chemical if:
14
(a) the industrial chemical was introduced in the registration year
15
beginning on 1 September 2017 under the old law; and
16
(b) the introduction was under paragraph 21(3)(b), subsection (4)
17
or paragraph (6)(c) (the authorising provisions) of the old
18
law; and
19
(c) the introduction complies with:
20
(i) the requirements of the relevant authorising provision,
21
as if the relevant provision was still in force; and
22
(ii) regulations made in relation to the relevant authorising
23
provision, as if those regulations were still in force; and
24
(d) the introduction is made before 1 July 2019.
25
(2)
For the purposes of the new law, subject to any modifications
26
prescribed by the transitional rules:
27
(a) the introduction of the industrial chemical is taken, on and
28
after 1 July 2018, to be authorised under section 27 of the
29
new law; and
30
(b) the following are taken to be the terms of the pre-introduction
31
report for the purposes of paragraph 27(1)(c) of the new law:
32
(i) the terms of the relevant authorising provision, as if the
33
relevant provision was still in force;
34
Application, savings and transitional provisions Schedule 2
Assessment certificates etc. Part 5
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
19
(ii) regulations made in relation to the relevant authorising
1
provision, as if those regulations were still in force.
2
34 Introductions under paragraph 21(6)(a) of the old law
3
(1)
This item applies in relation to the introduction of an industrial
4
chemical if:
5
(a) the industrial chemical was introduced in the registration year
6
beginning on 1 September 2017 under the old law; and
7
(b) the introduction was under paragraph 21(6)(a) of the old law;
8
and
9
(c) the introduction complies with:
10
(i) the requirements of that paragraph, as if that paragraph
11
was still in force; and
12
(ii) regulations made in relation to the relevant authorising
13
provision, as if those regulations were still in force; and
14
(d) the introduction is made before 1 July 2019.
15
(2)
For the purposes of the new law, subject to any modifications
16
prescribed by the transitional rules, the introduction of the industrial
17
chemical is taken, on and after 1 July 2018, to be authorised under
18
section 26 of the new law if the introduction continues to comply with:
19
(a) the requirements under paragraph 21(6)(a) of the old law, as
20
if that paragraph was still in force; and
21
(b) regulations made in relation to the relevant authorising
22
provision, as if those regulations were still in force.
23
Schedule 2 Application, savings and transitional provisions
Part 6 Protection of confidential information
20
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
Part 6--Protection of confidential information
1
35 Holders of a confidence under old law
2
(1)
This item applies in relation to a person if, immediately before 1 July
3
2018, the person was a holder of a confidence about an industrial
4
chemical under the old law.
5
(2)
For the purposes of the new law, subject to any modifications
6
prescribed by the transitional rules, the person is taken, on and after
7
1 July 2018, to be a confidence holder for an approval for the proper
8
name or end use for the industrial chemical to be treated as confidential
9
business information under the new law.
10
36 Applying to be a confidence holder in relation to
11
confidential listings
12
(1)
This item applies in relation to an industrial chemical that is listed on
13
the Inventory with "confidential" in lieu of each term of the listing for
14
the industrial chemical.
15
(2)
A person may apply to the Executive Director to be taken, for the
16
purposes of the new law, subject to any modifications prescribed by the
17
transitional rules, to be a confidence holder for an approval for the
18
proper name or end use for the industrial chemical to be treated as
19
confidential business information under the new law.
20
(3)
The Executive Director must grant the application if the Executive
21
Director is satisfied that the publication of some or all of the terms of
22
the Inventory listing for the industrial chemical could substantially
23
prejudice the commercial interests of the applicant.
24
(4)
After considering the application, the Executive Director must decide
25
to:
26
(a) approve the application; or
27
(b) not approve the application.
28
(5)
The Executive Director must:
29
(a) give the applicant written notice of:
30
Application, savings and transitional provisions Schedule 2
Protection of confidential information Part 6
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
21
(i) the Executive Director's decision on the application;
1
and
2
(ii) if the decision is to not approve the application--the
3
reasons for the decision; and
4
(b) do so within 20 working days after the day the application is
5
made.
6
(6)
Section 167 of the new law applies in relation to the application as if the
7
application were an application made under the new law.
8
37 Pending applications for information to be treated as
9
exempt information
10
(1)
This item applies in relation to an application that certain information
11
be treated as exempt information, if:
12
(a) the application was made under section 21AAA, 21P, 21ZB,
13
22O, 25, 29, 30B, 40D, 42, 45, 50, 60, 66 or 89 of the old
14
law; and
15
(b) the application is pending immediately before 1 July 2018.
16
(2)
For the purposes of the new law, subject to any modifications
17
prescribed by the transitional rules, the application has effect, on and
18
after 1 July 2018, as if it were an application made under
19
subsection 113(2) of the new law in relation to the information.
20
38 Exempt information
21
(1)
This item applies in relation to:
22
(a) information that was treated as exempt information under the
23
old law; and
24
(b) information for which an application to treat the information
25
as confidential business information has been:
26
(i) made under subsection 113(2) of the new law, in
27
accordance with item 37; and
28
(ii) approved under paragraph 114(2)(a) of the new law.
29
(2)
For the purposes of the new law, subject to this Part and any
30
modifications prescribed by the transitional rules:
31
(a) the information is taken to be protected information; and
32
Schedule 2 Application, savings and transitional provisions
Part 6 Protection of confidential information
22
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
(b) sections 117, 119, 121, 122 and 124 of the new law do not
1
apply in relation to the information.
2
Application, savings and transitional provisions Schedule 2
Inventory Part 7
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
23
Part 7--Inventory
1
Division 1
--Industrial chemicals included in old
2
Inventory
3
39 Industrial chemicals included in old Inventory
4
(1)
This item applies if, immediately before 1 July 2018, an industrial
5
chemical was included in the non-confidential section of the old
6
Inventory.
7
(2)
For the purposes of the new law, subject to this Part and any
8
modifications prescribed by the transitional rules:
9
(a) the industrial chemical is taken, on and after 1 July 2018, to
10
have been listed on the Inventory under the new law; and
11
(b) the approved particulars under paragraphs 12(3)(db), (f) and
12
(g) of the old law are taken to be the terms of the Inventory
13
listing for the industrial chemical under the new law.
14
(3)
To avoid doubt, nothing in this item is taken to change the time at
15
which the industrial chemical was listed on the Inventory.
16
40 Industrial chemicals included in confidential section of old
17
Inventory
18
(1)
This item applies if, immediately before 1 July 2018, an industrial
19
chemical was included in the confidential section of the old Inventory.
20
(2)
For the purposes of the new law, subject to this Part and any
21
modifications prescribed by the transitional rules:
22
(a) the industrial chemical is taken, on and after 1 July 2018, to
23
have been listed on the Inventory under the new law; and
24
(b) the approved particulars under subsections 12(4) and (4A) of
25
the old law are taken to be the terms of the Inventory listing
26
for the industrial chemical under the new law; and
27
(c) Subdivisions A and B of Division 4 of Part 6 of the new law
28
apply as if an application for the proper name for the
29
industrial chemical to be treated as confidential business
30
Schedule 2 Application, savings and transitional provisions
Part 7 Inventory
24
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
information had been approved under subsection 108(1) of
1
the new law; and
2
(d) a reference in the new law to a requirement to publish an
3
AACN in lieu of the proper name (including the CAS name,
4
CAS number or molecular formula) for the industrial
5
chemical were instead taken to be a requirement to publish
6
"confidential" in lieu of each term of the Inventory listing for
7
the industrial chemical.
8
(3)
To avoid doubt, nothing in this item is taken to change the time at
9
which the industrial chemical was listed on the Inventory.
10
Division 2
--Pending applications
11
41 Pending applications for early listing in non-confidential
12
section of old Inventory
13
(1)
This item applies in relation to an application, if:
14
(a) the application is for the inclusion of an industrial chemical
15
in the non-confidential section of the old Inventory under
16
section 13B of the old law; and
17
(b) the application is pending immediately before 1 July 2018.
18
(2)
For the purposes of the new law, subject to this Part and any
19
modifications prescribed by the transitional rules, the application has
20
effect, on and after 1 July 2018, as if it were an application made under
21
section 83 of the new law for the industrial chemical to be listed on the
22
Inventory.
23
42 Pending applications for listing in confidential section of
24
old Inventory
25
(1)
This item applies in relation to an application if:
26
(a) the application is for the inclusion of an industrial chemical
27
in the confidential section of the old Inventory under
28
subsection 14(3) of the old law; and
29
(b) the application is pending immediately before 1 July 2018.
30
(2)
For the purposes of the new law, subject to this Part and any
31
modifications prescribed by the transitional rules:
32
Application, savings and transitional provisions Schedule 2
Inventory Part 7
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
25
(a) the application has effect, on and after 1 July 2018, as if it
1
were an application made under subsection 105(1) of the new
2
law for the proper name for the industrial chemical to be
3
treated as confidential business information; and
4
(b) subsection 82(2) of the new law applies as if:
5
(i) paragraph (2)(b) did not apply; and
6
(ii) paragraph (2)(c) were instead a requirement for a
7
decision to have been made on the application and for
8
the reconsideration and review rights under section 166
9
of the new law in relation to the decision to have been
10
exhausted or have expired; and
11
(iii) paragraph (2)(d) did not apply; and
12
(c) if the application is approved:
13
(i) paragraph 108(3)(a) of the new law does not apply in
14
relation to the industrial chemical; and
15
(ii) a reference in the new law to a requirement to publish
16
an AACN in lieu of the proper name (including the CAS
17
name, CAS number or molecular formula) for an
18
industrial chemical is instead taken to be a reference to a
19
requirement to publish "confidential" in lieu of each
20
term of the Inventory listing for the industrial chemical.
21
Division 3
--Confidential listings
22
43 Application for confidential listing
23
(1)
This item applies in relation to an industrial chemical if:
24
(a) immediately before 1 July 2018 an assessment certificate for
25
the industrial chemical was in force under the old law; and
26
(b) the Executive Director has given notice to a holder of the
27
assessment certificate that the industrial chemical is to be
28
listed on the Inventory; and
29
(c) the notice was given under subsection 14(2) of the old law or
30
paragraph 82(2)(a) of the new law.
31
(2)
The holder of the assessment certificate may apply to the Executive
32
Director for "confidential" to be published in lieu of each term of the
33
Inventory listing for the industrial chemical.
34
Schedule 2 Application, savings and transitional provisions
Part 7 Inventory
26
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
(3)
For the purposes of the new law, subject to this Part and any
1
modifications prescribed by the transitional rules:
2
(a) an application made under subitem (2) is taken to be an
3
application made under subsection 105(1) of the new law for
4
the proper name for the industrial chemical to be treated as
5
confidential business information; and
6
(b) subsection 82(2) of the new law applies as if:
7
(i) paragraph (2)(b) did not apply; and
8
(ii) paragraph (2)(c) were instead a requirement for a
9
decision to have been made on the application and for
10
the reconsideration and review rights under section 166
11
of the new law in relation to the decision to have been
12
exhausted or have expired; and
13
(iii) paragraph (2)(d) did not apply; and
14
(c) if the application is approved:
15
(i) paragraph 108(3)(a) of the new law does not apply in
16
relation to the industrial chemical; and
17
(ii) a reference in the new law to a requirement to publish
18
an AACN in lieu of the proper name (including the CAS
19
name, CAS number or molecular formula) for an
20
industrial chemical is instead taken to be a reference to a
21
requirement to publish "confidential" in lieu of each
22
term of the Inventory listing for the industrial chemical.
23
44 Variation of confidential listing
24
Sections 85, 86, 87 and 93 of the new law apply in relation to an
25
industrial chemical for which "confidential" must be published in lieu
26
of each term of the Inventory listing for the industrial chemical, as if the
27
requirements under those sections for the Executive Director to publish
28
a notice were instead a requirement for the Executive Director to notify:
29
(a) each confidence holder for an approval for the proper name
30
or end use for the industrial chemical to be treated as
31
confidential business information; and
32
(b) if:
33
(i) a person has inquired of the Director, under
34
subsection 18(2) of the old law, about whether the
35
industrial chemical is included in the confidential
36
section of the old Inventory; and
37
Application, savings and transitional provisions Schedule 2
Inventory Part 7
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
27
(ii) the Director was satisfied, under paragraph 18(2)(b) of
1
the old law, that the person intended to introduce the
2
chemical;
3
each such person; and
4
(c) if subsection 120(2) of the new law applies to a person in
5
relation to the industrial chemical--each such person.
6
45 Removing industrial chemicals from Inventory on
7
Executive Director's initiative
8
Section 95 of the new law applies in relation to an industrial chemical
9
listed for which "confidential" must be published in lieu of each term of
10
the Inventory listing for the industrial chemical, as if the requirements
11
under that section for the Executive Director to publish a notice were
12
instead a requirement for the Executive Director to notify:
13
(a) each confidence holder for an approval for the proper name
14
or end use for the industrial chemical to be treated as
15
confidential business information; and
16
(b) if:
17
(i) a person has inquired of the Director, under
18
subsection 18(2) of the old law, about whether the
19
industrial chemical is included in the confidential
20
section of the old Inventory; and
21
(ii) the Director was satisfied, under paragraph 18(2)(b) of
22
the old law, that the person intended to introduce the
23
chemical;
24
each such person; and
25
(c) if subsection 120(2) of the new law applies to a person in
26
relation to the industrial chemical--each such person.
27
46 Review of protection
28
Section 110 of the new law applies in relation to an industrial chemical
29
that was included in the confidential section of the old Inventory as if:
30
(a) the reference in paragraph 110(1)(a) of the new law to 5
31
years having passed since notice of the approval was given
32
were instead a reference to 5 years having passed since the
33
industrial chemical was included in the confidential section
34
of the old Inventory; and
35
Schedule 2 Application, savings and transitional provisions
Part 7 Inventory
28
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
(b) a review of the inclusion of the industrial chemical in the
1
confidential section of the old Inventory under section 19 of
2
the old law were taken to be a review under section 110 of
3
the new law.
4
Application, savings and transitional provisions Schedule 2
Miscellaneous Part 8
No. , 2017
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
29
Part 8--Miscellaneous
1
47 Reconsideration and review of decisions
2
Section 166 of the new law applies as if the table in subsection (1) of
3
that section included the following item at the end of the table:
4
5
21
A decision to not approve an
application for a person to be taken
to be a confidence holder for an
approval for the proper name or end
use for an industrial chemical to be
treated as confidential business
information
Paragraph 36(4)(b) of the Industrial
Chemicals (Consequential
Amendments and Transitional
Provisions) Act 2017
6
48 Things done by, or in relation to, the Director, before
7
1 July 2018
8
(1)
Anything done by, or in relation to, the Director under the old law
9
before 1 July 2018 has effect on and after that day as if it had been done
10
by the Executive Director under the new law. However, this is not taken
11
to change the time at which the thing was actually done.
12
(2)
The Minister may, by writing, determine that subitem (1) does not apply
13
in relation to a specified thing done by, or in relation to, the Director
14
before 1 July 2018.
15
(3)
A determination made under subitem (2) is not a legislative instrument.
16
49 Compensation for acquisition of property
17
(1)
If the operation of this Act, or the transitional rules, would result in an
18
acquisition of property (within the meaning of paragraph 51(xxxi) of the
19
Constitution) from a person otherwise than on just terms (within the
20
meaning of that paragraph), the Commonwealth is liable to pay a
21
reasonable amount of compensation to the person.
22
(2)
If the Commonwealth and the person do not agree on the amount of the
23
compensation, the person may institute proceedings in the Federal Court
24
of Australia or the Supreme Court of a State or Territory for the
25
Schedule 2 Application, savings and transitional provisions
Part 8 Miscellaneous
30
Industrial Chemicals (Consequential Amendments and Transitional
Provisions) Bill 2017
No. , 2017
recovery from the Commonwealth of such reasonable amount of
1
compensation as the court determines.
2
50 Transitional rules
3
(1)
The Minister may, by legislative instrument, make rules prescribing
4
matters:
5
(a) required or permitted by this Act to be prescribed by the
6
rules; or
7
(b) necessary or convenient to be prescribed for carrying out or
8
giving effect to this Act.
9
(2)
The rules may also prescribe matters of a transitional nature (including
10
prescribing any saving or application provisions) relating to:
11
(a) the repeals or amendments made by this Act; or
12
(b) the enactment of this Act or the Industrial Chemicals Act
13
2017.
14
(3)
Without limiting subitem (1) or (2), rules made before 1 July 2020 may
15
provide that this Act or any other Act or instrument has effect with any
16
modifications prescribed by the rules.
17
(4)
Subsection 12(2) of the Legislation Act 2003 does not apply to rules
18
made before 1 July 2020.
19
Note:
Subsection 12(2) of the Legislation Act 2003 is about the retrospective application of
20
legislative instruments.
21
(5)
To avoid doubt, the rules may not do the following:
22
(a) create an offence or civil penalty;
23
(b) provide powers of:
24
(i) arrest or detention; or
25
(ii) entry, search or seizure;
26
(c) impose a tax;
27
(d) set an amount to be appropriated from the Consolidated
28
Revenue Fund under an appropriation in this Act;
29
(e) directly amend the text of this Act.
30
(6)
This Act (other than subitem (5)) does not limit the rules that may be
31
made.
32
[Index] [Search] [Download] [Related Items] [Help]