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This is a Bill, not an Act. For current law, see the Acts databases.
2016-2017
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Industrial Chemicals Bill 2017
No. , 2017
(Health)
A Bill for an Act to establish a national regulatory
scheme for industrial chemicals, and for related
purposes
No. , 2017
Industrial Chemicals Bill 2017
i
Contents
Part 1--Preliminary
1
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 2
3
Act binds the Crown .......................................................................... 2
4
Alternative constitutional basis for this Act ....................................... 3
5
Extension to external Territories ....................................................... 3
6
Relationship to other laws ................................................................. 3
7
Objects of this Act ............................................................................. 3
8
Simplified outline of this Act ............................................................ 4
9
Definitions ......................................................................................... 5
10
Definition of industrial chemical ..................................................... 16
11
Application of this Act to excluded introductions ........................... 17
Part 2--Registration of industrial chemical introducers
18
Division 1--Simplified outline of this Part
18
12
Simplified outline of this Part .......................................................... 18
Division 2--Registration
19
13
Introducers must be registered ......................................................... 19
14
Establishment of Register ................................................................ 19
15
Content of Register .......................................................................... 20
16
Applying for registration ................................................................. 20
17
Grant of registration ........................................................................ 20
18
Correction of register ....................................................................... 21
19
Cancellation of registration ............................................................. 21
Division 3--Registration charge
23
20
Registration charge .......................................................................... 23
21
Amount of registration charge ......................................................... 23
22
Other matters relating to registration charge ................................... 23
Part 3--Categorisation and assessment of industrial chemicals
24
Division 1--Simplified outline of this Part
24
23
Simplified outline of this Part .......................................................... 24
Division 2--Introduction categories
25
24
Introductions must be authorised ..................................................... 25
25
Listed introductions ......................................................................... 26
26
Exempted introductions ................................................................... 26
27
Reported introductions .................................................................... 26
ii
Industrial Chemicals Bill 2017
No. , 2017
28
Assessed introductions .................................................................... 27
29
Commercial evaluation introductions .............................................. 28
30
Exceptional circumstances introductions ......................................... 28
Division 3--Assessment certificates
29
Subdivision A--Obtaining a certificate
29
31
Applying for a certificate ................................................................. 29
32
Executive Director must consider application ................................. 29
33
Executive Director may request further information ....................... 30
34
Consultation with prescribed bodies ................................................ 30
35
Consultation with Gene Technology Regulator ............................... 31
36
Submissions on draft assessment statement ..................................... 31
37
Issue of certificate and assessment statement .................................. 32
38
Content of certificate ....................................................................... 32
39
When certificate is in force .............................................................. 33
Subdivision B--Changes to certificate holders or persons covered
by a certificate
34
40
Applying to change persons covered ............................................... 34
41
Applying to change certificate holders ............................................ 35
42
Changing certificate holders on Executive Director's
initiative ........................................................................................... 35
Subdivision C--Varying the terms of an assessment certificate
36
43
Applying for a variation of the terms of an assessment
certificate ......................................................................................... 36
44
Executive Director must consider application ................................. 37
45
Executive Director may request further information ....................... 38
46
Consultation with prescribed bodies ................................................ 38
47
Consultation with Gene Technology Regulator ............................... 39
48
Submissions on draft assessment statement ..................................... 39
49
Issue of varied assessment certificate and assessment
statement .......................................................................................... 39
50
Variations on Executive Director's initiative................................... 40
Subdivision D--Cancelling an assessment certificate
41
51
Applying to cancel a certificate ....................................................... 41
52
Cancelling on Executive Director's initiative .................................. 42
Division 4--Commercial evaluation authorisations
43
Subdivision A--Obtaining an authorisation
43
53
Applying for an authorisation .......................................................... 43
54
Executive Director must consider application ................................. 44
55
Executive Director may request further information ....................... 45
No. , 2017
Industrial Chemicals Bill 2017
iii
56
Consultation with prescribed bodies ................................................ 45
57
Consultation with Gene Technology Regulator ............................... 45
58
Issue of authorisation ....................................................................... 46
59
Content of authorisation .................................................................. 46
Subdivision B--Changing authorisation holders
47
60
Applying to change authorisation holders ....................................... 47
61
Changing authorisation holders on Executive Director's
initiative ........................................................................................... 48
Subdivision C--Varying the terms of an authorisation
49
62
Applying for a variation of the terms of an authorisation ................ 49
63
Issue of varied authorisation ............................................................ 49
64
Variations on Executive Director's initiative................................... 50
Subdivision D--Cancelling an authorisation
51
65
Applying to cancel an authorisation ................................................ 51
66
Cancelling on Executive Director's initiative .................................. 51
Division 5--Exceptional circumstances authorisations
53
67
Exceptional circumstances authorisations ....................................... 53
Part 4--Evaluations initiated by Executive Director
55
Division 1--Simplified outline of this Part
55
68
Simplified outline of this Part .......................................................... 55
Division 2--Evaluations of introductions authorised by an
assessment certificate
56
69
Executive Director may initiate evaluation ...................................... 56
70
Executive Director may require information ................................... 56
71
Consultation with prescribed bodies ................................................ 57
72
Submissions on draft evaluation statement ...................................... 58
73
Issue of evaluation statement ........................................................... 58
Division 3--Evaluations of other introductions or matters
60
74
Executive Director may initiate evaluation ...................................... 60
75
Consultation to inform evaluation ................................................... 60
76
Executive Director may require information ................................... 61
77
Person must comply with requirement to provide
information ...................................................................................... 62
78
Issue of evaluation statement ........................................................... 62
Part 5--Australian Inventory of Industrial Chemicals
64
Division 1--Simplified outline of this Part
64
79
Simplified outline of this Part .......................................................... 64
iv
Industrial Chemicals Bill 2017
No. , 2017
Division 2--Establishment and contents of Inventory
65
80
Establishment of the Inventory ........................................................ 65
81
Contents of the Inventory ................................................................ 65
Division 3--Inclusion of industrial chemicals on Inventory
67
82
Listing on Inventory after 5 years .................................................... 67
83
Listing on Inventory before 5 years ................................................. 68
84
Listing on Inventory in other circumstances .................................... 69
Division 4--Varying the Inventory
72
Subdivision A--Variation on Executive Director's initiative and
variation relating to subsequent assessment
certificates
72
85
Minor variations .............................................................................. 72
86
Variations following an evaluation by the Executive Director ........ 72
87
Variations relating to subsequent assessment certificates ................ 73
Subdivision B--Variation on application
74
88
Applying for variation of listing ...................................................... 74
89
Executive Director must consider application ................................. 75
90
Executive Director may request further information ....................... 75
91
Consultation with prescribed bodies ................................................ 76
92
Consultation with Gene Technology Regulator ............................... 76
93
Decision on application ................................................................... 76
Subdivision C--Variation following revocation of confidential
business information approval
78
94
Variation following revocation of confidential business
information approval ....................................................................... 78
Subdivision D--Removing listed industrial chemicals
78
95
Removing listed industrial chemicals .............................................. 78
Part 6--Information, reporting and confidentiality
80
Division 1--Simplified outline of this Part
80
96
Simplified outline of this Part .......................................................... 80
Division 2--Reporting
81
97
Pre-introduction reports for reported introductions ......................... 81
98
Varying the terms of a pre-introduction report ................................ 82
99
Annual declaration for all introduction categories ........................... 82
100
Obligation to report information about hazards ............................... 83
101
Specific obligations to provide information .................................... 84
No. , 2017
Industrial Chemicals Bill 2017
v
Division 3--Record keeping and information gathering
87
102
Information required to demonstrate categorisation ........................ 87
103
Ban on animal test data for determining category for
cosmetics ......................................................................................... 88
104
Record keeping for all categories .................................................... 88
Division 4--Confidentiality and disclosure
90
Subdivision A--Confidentiality of proper name or end use in
certain circumstances
90
105
Applying for protection ................................................................... 90
106
Executive Director may request further information ....................... 91
107
Consultation with prescribed bodies ................................................ 92
108
Decision on application ................................................................... 92
109
When an AACN or generalised end use must be used ..................... 93
110
Notice of review of protection ......................................................... 94
111
Applying for continued protection ................................................... 95
Subdivision B--Confidentiality of information in other
circumstances
96
112
Providing notice of intention to apply for protection ....................... 96
113
Notice of intention to publish information must be given ............... 97
114
Decision on application ................................................................... 97
Subdivision C--Disclosure of information
98
115
Disclosing information .................................................................... 98
116
Disclosure in the course of exercising powers, or performing
functions or duties ......................................................................... 100
117
Disclosure to certain other entities................................................. 100
118
Disclosure with consent ................................................................. 102
119
Disclosure of publicly available information ................................. 102
120
Disclosure to a bona fide introducer .............................................. 102
121
Disclosure to person to whom protected information relates ......... 102
122
Disclosure to person from whom protected information was
obtained ......................................................................................... 102
123
Disclosure to a Court, tribunal etc. ................................................ 103
124
Disclosure for the purposes of law enforcement ............................ 103
125
Disclosure to reduce serious risk to public health .......................... 104
126
Disclosure to reduce serious risk to the environment .................... 104
Part 7--Enforcement
105
Division 1--Simplified outline of this Part
105
127
Simplified outline of this Part ........................................................ 105
vi
Industrial Chemicals Bill 2017
No. , 2017
Division 2--Monitoring and investigation powers
106
128
Monitoring powers ........................................................................ 106
129
Investigation powers ...................................................................... 107
Division 3--Civil penalty provisions, infringement notices and
injunctions
110
130
Civil penalty provisions ................................................................. 110
131
Infringement notices ...................................................................... 110
132
Enforceable undertakings .............................................................. 111
133
Injunctions ..................................................................................... 111
134
Extension to external Territories ................................................... 112
Division 4--Miscellaneous
113
135
Physical elements of offences ........................................................ 113
136
Contravening an offence provision or a civil penalty
provision ........................................................................................ 113
137
Appointment of authorised inspectors ........................................... 113
138
Delegations by relevant chief executive ........................................ 114
Part 8--Administration
115
Division 1--Simplified outline of this Part
115
139
Simplified outline of this Part ........................................................ 115
Division 2--Australian Industrial Chemicals Introduction
Scheme and the Executive Director
116
140
Australian Industrial Chemicals Introduction Scheme .................. 116
141
Executive Director ......................................................................... 116
142
Functions of Executive Director .................................................... 116
Division 3--Appointment of the Executive Director
117
143
Appointment .................................................................................. 117
144
Term of appointment ..................................................................... 117
145
Acting Executive Director ............................................................. 117
Division 4--Terms and conditions for the Executive Director
118
146
Remuneration and allowances ....................................................... 118
147
Leave of absence ........................................................................... 118
148
Outside employment ...................................................................... 118
149
Disclosure of interests ................................................................... 118
150
Resignation of Executive Director ................................................. 119
151
Termination of appointment of Executive Director ....................... 119
152
Other terms and conditions of appointment of Executive
Director.......................................................................................... 120
No. , 2017
Industrial Chemicals Bill 2017
vii
Division 5--Persons assisting the Executive Director
121
153
Arrangements relating to staff of the Department ......................... 121
154
Other persons assisting the Executive Director ............................. 121
Division 6--Industrial Chemicals Special Account
122
155
Industrial Chemicals Special Account ........................................... 122
156
Credits to Industrial Chemicals Special Account .......................... 122
157
Purposes of the Industrial Chemicals Special Account .................. 123
Part 9--International agreements and arrangements
124
Division 1--Simplified outline of this Part
124
158
Simplified outline of this Part ........................................................ 124
Division 2--Information exchange under the Rotterdam
Convention
125
Subdivision A--Notification of ban or restriction
125
159
Notification of ban or restriction on introduction or use ................ 125
Subdivision B--Exchange of certain information
127
160
Exchange of certain information about industrial chemicals ......... 127
Subdivision C--Information gathering
128
161
Executive Director may obtain information and documents .......... 128
162
Person must comply with notice under section 161 ....................... 128
Division 3--Movements of industrial chemicals into or out of
Australia
130
163
Movements of industrial chemicals into or out of Australia .......... 130
164
Introducing or exporting if prohibited or restricted ....................... 131
Part 10--Miscellaneous
133
165
Simplified outline of this Part ........................................................ 133
166
Reconsideration and review of decisions ....................................... 133
167
General requirements for applications ........................................... 135
168
Ban on animal test data for applications for cosmetics .................. 137
169
Calculating the consideration period for an application................. 137
170
Additional provisions about fees ................................................... 141
171
Protection from civil actions .......................................................... 141
172
Executive Director may use computer programs to make
decisions ........................................................................................ 142
173
Copies of documents ..................................................................... 142
174
Executive Director may retain documents ..................................... 142
175
Self-incrimination .......................................................................... 143
176
Delegations by Minister................................................................. 143
viii
Industrial Chemicals Bill 2017
No. , 2017
177
Delegations by Executive Director ................................................ 144
178
Compensation for acquisition of property ..................................... 144
179
Annual report ................................................................................. 144
180
Rules .............................................................................................. 144
No. , 2017
Industrial Chemicals Bill 2017
1
A Bill for an Act to establish a national regulatory
1
scheme for industrial chemicals, and for related
2
purposes
3
The Parliament of Australia enacts:
4
Part 1--Preliminary
5
6
1 Short title
7
This Act is the Industrial Chemicals Act 2017.
8
Part 1 Preliminary
Section 2
2
Industrial Chemicals Bill 2017
No. , 2017
2 Commencement
1
(1) Each provision of this Act specified in column 1 of the table
2
commences, or is taken to have commenced, in accordance with
3
column 2 of the table. Any other statement in column 2 has effect
4
according to its terms.
5
6
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 and
2 and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Sections 3 to
180
1 July 2018.
1 July 2018
Note:
This table relates only to the provisions of this Act as originally
7
enacted. It will not be amended to deal with any later amendments of
8
this Act.
9
(2) Any information in column 3 of the table is not part of this Act.
10
Information may be inserted in this column, or information in it
11
may be edited, in any published version of this Act.
12
3 Act binds the Crown
13
(1) This Act binds the Crown in each of its capacities.
14
(2) This Act does not make the Crown liable to be:
15
(a) prosecuted for an offence; or
16
(b) subject to civil proceedings for a civil penalty order under
17
Part 4 of the Regulatory Powers Act; or
18
(c) given an infringement notice under Part 5 of the Regulatory
19
Powers Act.
20
Preliminary Part 1
Section 4
No. , 2017
Industrial Chemicals Bill 2017
3
4 Alternative constitutional basis for this Act
1
Without limiting its effect apart from this section, this Act also has
2
the effect it would have if each reference to the manufacture of
3
industrial chemicals were expressly confined to:
4
(a) the manufacture of those chemicals in Australia:
5
(i) by a constitutional corporation; or
6
(ii) by the Commonwealth or a Territory, or an authority of
7
the Commonwealth or a Territory; or
8
(iii) by a body corporate incorporated in a Territory; or
9
(iv) for supply to a constitutional corporation; or
10
(v) for supply in the course of constitutional trade and
11
commerce; or
12
(vi) for supply to, or to an authority of, the Commonwealth
13
or a Territory; and
14
(b) the manufacture of those chemicals in a Territory or a
15
Commonwealth place.
16
5 Extension to external Territories
17
This Act extends to every external Territory.
18
6 Relationship to other laws
19
(1) The provisions of this Act are in addition to, and not in substitution
20
for, the requirements of any other law of the Commonwealth
21
(whether passed or made before or after the commencement of this
22
Act).
23
(2) This Act does not exclude or limit the operation of a law of a State
24
or Territory that is capable of operating concurrently with this Act.
25
7 Objects of this Act
26
The objects of this Act are to:
27
(a) provide for a national scheme to regulate the introduction of
28
industrial chemicals in Australia; and
29
(b) aid in the protection of human health and the environment
30
including through:
31
Part 1 Preliminary
Section 8
4
Industrial Chemicals Bill 2017
No. , 2017
(i) the regulation of the introduction of industrial
1
chemicals; and
2
(ii) the assessment and evaluation of the introduction and
3
use of certain industrial chemicals; and
4
(iii) the provision of information and recommendations
5
about managing the risks arising from the introduction
6
and use of industrial chemicals; and
7
(c) provide for the collection and publication of information and
8
statistics relating to industrial chemicals; and
9
(d) give effect to Australia's obligations under international
10
agreements and arrangements relating to the regulation of
11
industrial chemicals.
12
8 Simplified outline of this Act
13
This Act establishes the Australian Industrial Chemicals
14
Introduction Scheme, and an Executive Director, to regulate the
15
introduction (manufacture or import) of industrial chemicals.
16
A chemical is an industrial chemical to the extent that it is used
17
other than for agricultural, veterinary or therapeutic purposes, or in
18
food or feed (which are regulated by other schemes).
19
Introducers must be registered for a registration year (which begins
20
on 1 September). A registration charge must be paid for
21
registration. Penalties apply if a person introduces an industrial
22
chemical when not registered.
23
Introductions must also comply with the requirements of a
24
category of introduction, which are based on the level of risk to
25
human health and the environment from the introduction.
26
Lower risk introductions (exempted and reported introductions)
27
can be made without being assessed by the Executive Director.
28
However, record keeping and reporting obligations apply.
29
Medium-to-high risk introductions require an assessment
30
certificate issued by the Executive Director and must comply with
31
the terms of the certificate. A person can also apply for commercial
32
Preliminary Part 1
Section 9
No. , 2017
Industrial Chemicals Bill 2017
5
evaluation authorisations and the Minister can issue exceptional
1
circumstances authorisations.
2
Industrial chemicals covered by an assessment certificate are listed
3
on the Australian Inventory of Industrial Chemicals after 5 years.
4
However, applications can be made for early listing and industrial
5
chemicals can be listed in certain other circumstances. Any
6
registered person can introduce an industrial chemical that is listed
7
on the Inventory but must comply with the terms of the Inventory
8
listing and record keeping and reporting requirements.
9
The Executive Director may initiate evaluations of industrial
10
chemicals, or matters relating to industrial chemicals. Evaluations
11
may result in changes to assessment certificates or Inventory
12
listings or recommendations being made about the introduction and
13
use of industrial chemicals.
14
The Executive Director is required to publish assessment
15
statements, evaluation statements and other information under this
16
Act. Applications can be made by any person for confidential
17
business information not to be published.
18
This Act also contains provisions for monitoring and enforcement
19
and provisions implementing Australia's obligations under certain
20
international agreements.
21
9 Definitions
22
In this Act:
23
AACN (short for AICIS approved chemical name) means a name
24
for an industrial chemical determined by the Executive Director
25
under paragraph 108(3)(a).
26
AAT means the Administrative Appeals Tribunal.
27
administrative action means any of the following:
28
(a) making a decision;
29
(b) exercising any power or complying with any obligation;
30
Part 1 Preliminary
Section 9
6
Industrial Chemicals Bill 2017
No. , 2017
(c) doing anything else that relates to making a decision or
1
exercising a power or complying with an obligation.
2
Agvet Code means the Code set out in the Schedule to the
3
Agricultural and Veterinary Chemicals Code Act 1994.
4
AICIS: see Australian Industrial Chemicals Introduction
5
Scheme.
6
animal test data means data or information of a kind prescribed by
7
the rules for the purposes of this definition that relates to tests
8
conducted on the following:
9
(a) any live vertebrate animal (other than a human being or other
10
animal prescribed by the rules for the purposes of this
11
paragraph);
12
(b) any animal of a kind prescribed by the rules for the purposes
13
of this paragraph.
14
approved form means a form that is approved, in writing, by the
15
Executive Director.
16
article means an object that:
17
(a) is produced for use for a particular purpose, being a purpose
18
that requires that the object have a particular shape, surface
19
or design; and
20
(b) is formed to that shape, surface or design during production;
21
and
22
(c) undergoes no change of chemical composition when used for
23
that purpose except as an intrinsic aspect of that use;
24
but does not include an object of a kind prescribed by the rules for
25
the purposes of this definition.
26
assessment statement means a written statement issued by the
27
Executive Director in relation to an assessment of an industrial
28
chemical that includes the following information:
29
(a) the proper name for the industrial chemical;
30
(b) the end use for the industrial chemical;
31
(c) the defined scope of assessment;
32
Preliminary Part 1
Section 9
No. , 2017
Industrial Chemicals Bill 2017
7
(d) a summary of the assessment and any risks to human health
1
or the environment from the introduction or use of the
2
industrial chemical;
3
(e) the means for managing any risks identified in the course of
4
conducting the assessment, including the following:
5
(i) recommendations relating to the introduction or use of
6
the industrial chemical;
7
(ii) any conditions of a kind mentioned in subsection 38(2)
8
or 81(2);
9
(iii) any specific requirements to provide information to the
10
Executive Director as mentioned in paragraph 38(1)(d)
11
or 81(1)(e);
12
(f) any other information relating to the safe introduction and
13
use of the industrial chemical that the Executive Director
14
considers relevant.
15
Note:
If an application to treat the proper name or end use for the industrial
16
chemical as confidential business information has been approved, an
17
AACN or generalised end use must be included in the statement
18
instead of the proper name or end use if prescribed circumstances
19
apply: see section 109.
20
Australian Industrial Chemicals Introduction Scheme means the
21
scheme established under section 140.
22
Australia's designated national authority means the non-corporate
23
Commonwealth entity or person who is Australia's designated
24
national authority for industrial chemicals for the purposes of
25
Article 4 of the Rotterdam Convention.
26
authorised inspector means a person appointed as an authorised
27
inspector under section 137.
28
CAS name, for an industrial chemical, means the Chemical
29
Abstracts Index Name for the industrial chemical.
30
CAS number, for an industrial chemical, means the Chemical
31
Abstracts Service Registry Number for the industrial chemical.
32
civil penalty provision has the same meaning as in the Regulatory
33
Powers Act.
34
Part 1 Preliminary
Section 9
8
Industrial Chemicals Bill 2017
No. , 2017
Commonwealth place means a place referred to in paragraph 52(i)
1
of the Constitution, other than the seat of government.
2
confidence holder, for an approval under subsection 108(1), has
3
the meaning given by subsection 110(2).
4
consideration period:
5
(a) for an application for an assessment certificate--has the
6
meaning given by subsection 32(2); or
7
(b) for an application to vary a term of an assessment
8
certificate--has the meaning given by subsection 44(2); or
9
(c) for an application for a commercial evaluation
10
authorisation--has the meaning given by subsection 54(2); or
11
(d) for an application to vary a term of a commercial evaluation
12
authorisation--has the meaning given by subsection 63(2); or
13
(e) for an application to vary a term of an Inventory listing--has
14
the meaning given by subsection 89(2).
15
Note:
For circumstances affecting the calculation of the consideration
16
period: see section 169.
17
constitutional corporation means a corporation to which
18
paragraph 51(xx) of the Constitution applies.
19
constitutional trade and commerce means:
20
(a) trade or commerce between Australia and places outside
21
Australia; and
22
(b) trade or commerce among the States; and
23
(c) trade or commerce within a Territory, between a State and a
24
Territory or between 2 Territories.
25
cosmetic means:
26
(a) a substance or preparation intended for placement in contact
27
with any external part of the human body, including:
28
(i) the mucous membranes of the oral cavity; and
29
(ii) the teeth;
30
with a view to:
31
(iii) altering the odours of the body; or
32
(iv) changing its appearance; or
33
Preliminary Part 1
Section 9
No. , 2017
Industrial Chemicals Bill 2017
9
(v) cleansing it; or
1
(vi) maintaining it in good condition; or
2
(vii) perfuming it; or
3
(viii) protecting it; or
4
(b) a substance or preparation prescribed by the rules for the
5
purposes of this paragraph;
6
but does not include:
7
(c) a therapeutic good within the meaning of the Therapeutic
8
Goods Act 1989; or
9
(d) a substance or preparation prescribed by the rules for the
10
purposes of this paragraph.
11
Note:
An ingredient or component of a cosmetic could be an industrial
12
chemical.
13
end use, for an industrial chemical, means a purpose to which the
14
industrial chemical can be applied.
15
entrusted person has the meaning given by subsection 115(2).
16
evaluation statement means a statement of the kind mentioned in
17
subsection 73(2) or 78(2).
18
excluded introduction has the meaning given by section 11.
19
Executive Director means the person appointed as the Executive
20
Director under section 143.
21
exempted introduction has the meaning given by subsection 26(2).
22
export an industrial chemical means do an act that constitutes
23
exportation of the industrial chemical for the purposes of the
24
Customs Act 1901, or would constitute such exportation if that Act
25
extended to the external Territories.
26
generalised end use: means a generalised description of an end use
27
for an industrial chemical determined by the Executive Director
28
under paragraph 108(4)(a).
29
Gene Technology Regulator has the same meaning as in the Gene
30
Technology Act 2000.
31
Part 1 Preliminary
Section 9
10
Industrial Chemicals Bill 2017
No. , 2017
GM product has the same meaning as in the Gene Technology Act
1
2000.
2
holder:
3
(a) of an assessment certificate--means a person to whom the
4
certificate is issued under section 37 (subject to sections 41
5
and 42); or
6
(b) of a commercial evaluation authorisation--means a person to
7
whom the authorisation is issued under section 58 (subject to
8
sections 60 and 61); or
9
(c) of an exceptional circumstances authorisation--means a
10
person to whom the authorisation is issued under section 67;
11
or
12
(d) of an approval for the proper name or end use for an
13
industrial chemical to be treated as confidential business
14
information--a person to whom an approval is given under
15
section 108; or
16
(e) of an approval for information to be treated as confidential
17
business information in relation to an industrial chemical--a
18
person to whom an approval is given under section 114.
19
import an industrial chemical means do an act that constitutes
20
importation of the industrial chemical for the purposes of the
21
Customs Act 1901, or would constitute such importation if that Act
22
extended to the external Territories.
23
incidentally-introduced chemical means an industrial chemical:
24
(a) that is introduced, either with or subsequent to the
25
introduction of another industrial chemical, as a result of any
26
of the following:
27
(i) the incomplete reaction of starting materials or reaction
28
intermediates used in the manufacture of the other
29
industrial chemical;
30
(ii) an unintended constituent present in the starting
31
materials used in the manufacture of the other industrial
32
chemical;
33
(iii) the exposure of the other industrial chemical to light,
34
heat or other environmental conditions in the course of
35
handling or storage;
36
Preliminary Part 1
Section 9
No. , 2017
Industrial Chemicals Bill 2017
11
(iv) the occurrence of a chemical reaction during the
1
manufacture or use of the other industrial chemical; and
2
(b) the introduction of which has no commercial value separate
3
from the other industrial chemical.
4
industrial chemical: see section 10.
5
industrial use means a use other than (or in addition to) one of the
6
following uses:
7
(a) use as an agricultural chemical product (within the meaning
8
of the Agvet Code) or in the preparation of such a product;
9
(b) use as a veterinary chemical product (within the meaning of
10
the Agvet Code) or in the preparation of such a product;
11
(c) use as a substance or mixture of substances mentioned in
12
paragraph 5(4)(a) of the Agvet Code (which deals with
13
substances or mixtures of substances prepared by a
14
pharmacist or veterinary surgeon) or in the preparation of
15
such a substance or mixture of substances;
16
(d) use as a therapeutic good (within the meaning of the
17
Therapeutic Goods Act 1989) or in the preparation of such a
18
good;
19
(e) use as food intended for consumption by humans or in the
20
preparation of such food;
21
(f) use as feed intended for consumption by animals or in the
22
preparation of such feed;
23
(g) any use prescribed by the rules for the purposes of this
24
paragraph.
25
introduce an industrial chemical means import, or manufacture in
26
Australia, the industrial chemical.
27
Inventory means the Australian Inventory of Industrial Chemicals
28
established under section 80.
29
issuing officer means:
30
(a) a magistrate; or
31
(b) a Judge of a court of a State or Territory; or
32
(c) if a Judge of the Federal Circuit Court of Australia or a Judge
33
of the Federal Court of Australia has consented to act as an
34
Part 1 Preliminary
Section 9
12
Industrial Chemicals Bill 2017
No. , 2017
issuing officer for the purposes of this Act and that consent is
1
in force--the Judge.
2
Note:
Section 75 of the Regulatory Powers Act deals with the powers of, and
3
confers protection and immunity on, issuing officers.
4
manufacture an industrial chemical means do any of the
5
following:
6
(a) produce the industrial chemical in the course of a chemical
7
reaction;
8
(b) extract the industrial chemical from a natural environment,
9
with or without chemical change;
10
(c) extract the industrial chemical from a UVCB substance;
11
(d) produce or extract the industrial chemical in circumstances
12
prescribed by the rules for the purposes of this paragraph;
13
but does not include producing or extracting the industrial
14
chemical as described in paragraphs (a), (b) or (c) in circumstances
15
prescribed by the rules for the purposes of this definition.
16
naturally-occurring chemical means:
17
(a) an unprocessed chemical occurring in a natural environment;
18
or
19
(b) a chemical occurring in a natural environment that is
20
extracted without chemical change by:
21
(i) manual, mechanical or gravitational means; or
22
(ii) dissolution in water; or
23
(iii) flotation; or
24
(iv) a process of heating for the sole purpose of removing
25
uncombined water; or
26
(v) any other process prescribed by the rules for the
27
purposes of this subparagraph.
28
non-corporate Commonwealth entity has the same meaning as in
29
the Public Governance, Performance and Accountability Act 2013.
30
non-isolated intermediate means an industrial chemical that:
31
(a) is produced in the course of the manufacture of another
32
industrial chemical; and
33
Preliminary Part 1
Section 9
No. , 2017
Industrial Chemicals Bill 2017
13
(b) is consumed in the course of the manufacture of the other
1
industrial chemical; and
2
(c) is not intentionally removed from the equipment in which it
3
is manufactured (other than by sampling); and
4
(d) is not likely to be released into the environment during
5
normal operations.
6
notified industrial chemical means an industrial chemical that has
7
at any time been the subject of a notification by Australia, or any
8
other Party to the Rotterdam Convention, under paragraph 1 or 2 of
9
Article 5 of the Rotterdam Convention.
10
paid work means work for financial gain or reward (whether as an
11
employee, a self-employed person or otherwise).
12
prescribed international agreement means an international
13
agreement:
14
(a) to which Australia is a party; and
15
(b) that is prescribed by the rules for the purposes of this
16
paragraph.
17
prescribed international arrangement means an international
18
arrangement that:
19
(a) provides for countries to ban, restrict or otherwise regulate
20
the introduction, use or export of an industrial chemical for
21
the purposes of protecting the environment, public health or
22
occupational health and safety; and
23
(b) is prescribed by the rules for the purposes of this paragraph.
24
previously regulated: a chemical was previously regulated under a
25
law of the Commonwealth if:
26
(a) the chemical has been, but is no longer, within the scope of
27
regulation of a Commonwealth law that:
28
(i) relates to chemicals; and
29
(ii) is prescribed by the rules for the purposes of this
30
subparagraph; or
31
(b) the chemical is contained in a product that has been, but is no
32
longer, within the scope of regulation of any of the following:
33
Part 1 Preliminary
Section 9
14
Industrial Chemicals Bill 2017
No. , 2017
(i) the Agricultural and Veterinary Chemicals Code Act
1
1994;
2
(ii) the Therapeutic Goods Act 1989;
3
(iii) the Food Standards Australia New Zealand Act 1991;
4
(iv) another Commonwealth law that relates to chemicals in
5
products (whether consisting of a single chemical or
6
not) and is prescribed by the rules for the purposes of
7
this subparagraph.
8
protected information has the meaning given by
9
subsection 115(3).
10
Register means the Register of Industrial Chemical Introducers
11
established under section 14.
12
registration charge means a charge imposed on the registration of
13
a person:
14
(a) so far as it is a duty of customs--by the Industrial Chemicals
15
Charges (Customs) Act 2017; and
16
(b) so far as it is a duty of excise--by the Industrial Chemicals
17
Charges (Excise) Act 2017; and
18
(c) so far as it is neither a duty of customs nor a duty of excise--
19
by the Industrial Chemicals Charges (General) Act 2017.
20
registration year means 12 months beginning on:
21
(a) 1 September 2018; or
22
(b) 1 September of any subsequent year.
23
Regulatory Powers Act means the Regulatory Powers (Standard
24
Provisions) Act 2014.
25
relevant court means:
26
(a) the Federal Court of Australia; or
27
(b) the Federal Circuit Court of Australia; or
28
(c) a court of a State or Territory that has jurisdiction in relation
29
to matters arising under this Act.
30
reported introduction has the meaning given by subsection 27(2).
31
reviewable decision has the meaning given by subsection 166(1).
32
Preliminary Part 1
Section 9
No. , 2017
Industrial Chemicals Bill 2017
15
Rotterdam Convention means the Rotterdam Convention on the
1
Prior Informed Consent Procedure for Certain Hazardous
2
Chemicals and Pesticides in International Trade, done at Rotterdam
3
on 10 September 1998, as amended and in force for Australia from
4
time to time.
5
Note:
The Rotterdam Convention is in Australian Treaty Series 2004 No. 22
6
([2004] ATS 22) and could in 2017 be viewed in the Australian
7
Treaties Library on the AustLII website (http://www.austlii.edu.au).
8
rules means the rules made under section 180.
9
Secretariat means the Secretariat established under Article 19 of
10
the Rotterdam Convention.
11
terms:
12
(a) of an assessment certificate for an industrial chemical--has
13
the meaning given by subsection 38(1); and
14
(b) of a commercial evaluation authorisation for an industrial
15
chemical--has the meaning given by subsection 59(1); and
16
(c) of an exceptional circumstances authorisation for an
17
industrial chemical--has the meaning given by
18
subsection 67(3); and
19
(d) of an Inventory listing for an industrial chemical--has the
20
meaning given by subsection 81(1).
21
this Act includes the rules.
22
use, for an industrial chemical, includes any of the following
23
activities involving the industrial chemical:
24
(a) processing;
25
(b) formulating;
26
(c) storing;
27
(d) transporting;
28
(e) filling into containers;
29
(f) transferring from a container to another container;
30
(g) handling;
31
(h) mixing;
32
(i) sampling and testing;
33
(j) producing an article;
34
Part 1 Preliminary
Section 10
16
Industrial Chemicals Bill 2017
No. , 2017
(k) releasing into the environment (with or without prior
1
treatment);
2
(l) activities relating to an end use for the industrial chemical;
3
(m) any other activity prescribed by the rules for the purposes of
4
this paragraph;
5
but does not include an activity prescribed by the rules for the
6
purposes of this definition.
7
UVCB substance (short for unknown variable composition or
8
biological substance) means any of the following:
9
(a) a chemical of unknown or variable composition;
10
(b) a complex product of a chemical reaction;
11
(c) biological material, other than a whole animal or a whole
12
plant.
13
working day means a business day other than a day prescribed by
14
the rules for the purposes of this definition.
15
10 Definition of industrial chemical
16
(1) For the purposes of this Act, industrial chemical means any of the
17
following:
18
(a) a chemical element that has an industrial use;
19
(b) a compound or complex of a chemical element that has an
20
industrial use;
21
(c) a UVCB substance that has an industrial use;
22
(d) a chemical released from an article where the article has an
23
industrial use;
24
(e) a naturally-occurring chemical that has an industrial use;
25
(f) any other chemical or substance prescribed by the rules for
26
the purposes of this paragraph that has an industrial use.
27
(2) Despite subsection (1), industrial chemical does not include a
28
chemical or substance prescribed by the rules for the purposes of
29
this subsection.
30
(3) To avoid doubt, this Act only applies in relation to an industrial
31
chemical to the extent that the industrial chemical is used, or
32
proposed to be used, for an industrial use.
33
Preliminary Part 1
Section 11
No. , 2017
Industrial Chemicals Bill 2017
17
11 Application of this Act to excluded introductions
1
(1) This Act (other than Parts 1, 4, 7, 9 and 10) does not apply in
2
relation to an excluded introduction.
3
(2) An introduction of an industrial chemical is an excluded
4
introduction if the introduction is of any of the following:
5
(a) a naturally-occurring chemical;
6
(b) a non-isolated intermediate;
7
(c) an incidentally-introduced chemical;
8
(d) an industrial chemical that was released from an article that
9
was not designed to release it;
10
(e) an industrial chemical of a kind prescribed by the rules for
11
the purposes of this paragraph.
12
(3) An introduction of an industrial chemical is an excluded
13
introduction if:
14
(a) the industrial chemical is introduced at a port or airport in
15
Australia; and
16
(b) the industrial chemical remains subject to customs control
17
under the Customs Act 1901 at all times before leaving
18
Australia; and
19
(c) the industrial chemical leaves Australia within 25 working
20
days beginning the day the industrial chemical is introduced.
21
(4) An introduction of an industrial chemical is an excluded
22
introduction if circumstances prescribed by the rules for the
23
purposes of this subsection apply in relation to the introduction.
24
(5) An introduction of an industrial chemical by an individual is an
25
excluded introduction if the industrial chemical is introduced
26
solely for the individual's personal use.
27
(6) The rules may prescribe circumstances in which the introduction of
28
an industrial chemical by an individual is taken not to be for the
29
individual's personal use for the purposes of subsection (5).
30
Part 2 Registration of industrial chemical introducers
Division 1 Simplified outline of this Part
Section 12
18
Industrial Chemicals Bill 2017
No. , 2017
Part 2--Registration of industrial chemical
1
introducers
2
Division 1--Simplified outline of this Part
3
12 Simplified outline of this Part
4
An introducer must be registered on the Register of Industrial
5
Chemical Introducers for a registration year before introducing an
6
industrial chemical during that year. Penalties apply if a person
7
introduces an industrial chemical without being registered.
8
A registration charge is payable for each registration year when the
9
person applies for registration for that year.
10
Registration of industrial chemical introducers Part 2
Registration Division 2
Section 13
No. , 2017
Industrial Chemicals Bill 2017
19
Division 2--Registration
1
13 Introducers must be registered
2
(1) A person contravenes this subsection if:
3
(a) the person introduces an industrial chemical in a registration
4
year; and
5
(b) at the time the industrial chemical was introduced the person
6
was not registered for the registration year.
7
Fault-based offence
8
(2) A person commits an offence if the person contravenes
9
subsection (1).
10
Penalty: 500 penalty units.
11
Strict liability offence
12
(3) A person commits an offence of strict liability if the person
13
contravenes subsection (1).
14
Penalty: 60 penalty units.
15
Civil penalty provision
16
(4) A person is liable to a civil penalty if the person contravenes
17
subsection (1).
18
Civil penalty:
500 penalty units.
19
14 Establishment of Register
20
(1) The Executive Director must establish and keep a register to be
21
called the Register of Industrial Chemical Introducers.
22
(2) Subject to subsection 15(2), the Register must be made publicly
23
available on the AICIS website.
24
(3) The Register is not a legislative instrument.
25
Part 2 Registration of industrial chemical introducers
Division 2 Registration
Section 15
20
Industrial Chemicals Bill 2017
No. , 2017
15 Content of Register
1
(1) The Register must contain the following for each registered person:
2
(a) the person's name and address;
3
(b) the person's registration number.
4
(2) However, a person's address must not be made publicly available.
5
16 Applying for registration
6
(1) Subject to subsection (3), a person may apply to the Executive
7
Director to be registered for a registration year.
8
Note:
For general requirements relating to applications: see section 167.
9
(2) An application for registration for a registration year must be
10
accompanied by the amount of registration charge payable by the
11
person for the registration year under section 21.
12
(3) An application under subsection (1) cannot be made by a person if
13
the person's registration has been cancelled on the grounds
14
mentioned in paragraph 19(2)(b) or (c) in that registration year or
15
any of the 3 previous registration years.
16
17 Grant of registration
17
(1) The Executive Director must grant an application for registration
18
for a registration year if the Executive Director is satisfied that the
19
application is in accordance with sections 16 and 167.
20
(2) If the Executive Director grants an application, the Executive
21
Director must:
22
(a) give written notice to the person of the decision to grant the
23
registration; and
24
(b) allocate a registration number to the person; and
25
(c) enter on the Register the information mentioned in section 15
26
for the person.
27
(3) Subject to subsection (4), a person's registration takes effect at the
28
start of the registration year to which it relates.
29
Registration of industrial chemical introducers Part 2
Registration Division 2
Section 18
No. , 2017
Industrial Chemicals Bill 2017
21
(4) If a person makes an application for registration after the start of
1
the registration year to which the registration relates, the person's
2
registration takes effect from the day the registration is granted.
3
18 Correction of register
4
(1) A person may notify the Executive Director in writing of any
5
corrections required to information included in the Register for that
6
person.
7
(2) The Executive Director must correct the Register if the Executive
8
Director is satisfied that any information recorded for a person is
9
incorrect.
10
19 Cancellation of registration
11
Cancellation on registered person's initiative
12
(1) The Executive Director must cancel a person's registration for a
13
registration year if the person requests, by written notice, the
14
Executive Director to do so.
15
Cancellation on Executive Director's initiative
16
(2) The Executive Director may cancel a person's registration for a
17
registration year if the Executive Director is satisfied that:
18
(a) the person's name was entered on the Register by mistake; or
19
(b) the person has, in that registration year or in any of the 3
20
previous registration years, been convicted of an offence, or
21
subject to a civil penalty, under this Act; or
22
(c) the person has made a statement, or given a document or
23
information, to the Executive Director in connection with the
24
person's registration that was false or misleading in a
25
material particular.
26
(3) The Executive Director must give written notice of the proposed
27
cancellation, and the reasons for the cancellation, to the person.
28
(4) The person may make a written submission to the Executive
29
Director about the proposed cancellation.
30
Part 2 Registration of industrial chemical introducers
Division 2 Registration
Section 19
22
Industrial Chemicals Bill 2017
No. , 2017
(5) A submission must be given within the period specified in the
1
notice, which must not be less than 20 working days after the day
2
the notice is given.
3
(6) After considering any submissions made during that period the
4
Executive Director must decide to:
5
(a) cancel the person's registration; or
6
(b) not cancel the person's registration.
7
(7) The Executive Director must give written notice of the decision to
8
the person.
9
Registration of industrial chemical introducers Part 2
Registration charge Division 3
Section 20
No. , 2017
Industrial Chemicals Bill 2017
23
Division 3--Registration charge
1
20 Registration charge
2
(1) A person who is registered for a registration year is liable to pay
3
registration charge.
4
(2) Registration charge payable by a person is a debt due and payable
5
by the person to the Commonwealth and may be recovered by the
6
Commonwealth in a court of competent jurisdiction.
7
21 Amount of registration charge
8
The amount of registration charge payable by a person in relation
9
to a registration year is the amount prescribed:
10
(a) so far as the charge is a duty of customs within the meaning
11
of section 55 of the Constitution--by regulations made for
12
the purposes of section 7 of the Industrial Chemicals
13
Charges (Customs) Act 2017; and
14
(b) so far as the charge is a duty of excise within the meaning of
15
section 55 of the Constitution--by regulations made for the
16
purposes of section 7 of the Industrial Chemicals Charges
17
(Excise) Act 2017; and
18
(c) so far as the charge is neither a duty of customs nor a duty of
19
excise within the meaning of section 55 of the Constitution--
20
by regulations made for the purposes of section 7 of the
21
Industrial Chemicals Charges (General) Act 2017.
22
22 Other matters relating to registration charge
23
The rules may provide for other matters relating to the collection
24
and recovery of registration charge, including (but not limited to)
25
the following:
26
(a) the recovery of underpayments of registration charge;
27
(b) the refund of overpayments of registration charge.
28
Part 3 Categorisation and assessment of industrial chemicals
Division 1 Simplified outline of this Part
Section 23
24
Industrial Chemicals Bill 2017
No. , 2017
Part 3--Categorisation and assessment of
1
industrial chemicals
2
Division 1--Simplified outline of this Part
3
23 Simplified outline of this Part
4
This Part sets out the categories of introduction and the
5
requirements that must be met for each category.
6
Penalties apply if a person introduces an industrial chemical
7
without meeting the requirements of one of these categories.
8
There are 6 categories: listed introductions, exempted
9
introductions, reported introductions, assessed introductions,
10
commercial evaluation introductions and exceptional
11
circumstances introductions.
12
This Part sets out how to apply to the Executive Director for an
13
assessment certificate or commercial evaluation authorisation and
14
how exceptional circumstances authorisations are issued.
15
It also sets out how changes may be made to certificates and
16
authorisations.
17
Categorisation and assessment of industrial chemicals Part 3
Introduction categories Division 2
Section 24
No. , 2017
Industrial Chemicals Bill 2017
25
Division 2--Introduction categories
1
24 Introductions must be authorised
2
(1) A person contravenes this subsection if:
3
(a) the person introduces an industrial chemical; and
4
(b) the introduction is not authorised by any of the following:
5
(i) section 25 (which deals with listed introductions);
6
(ii) section 26 (which deals with exempted introductions);
7
(iii) section 27 (which deals with reported introductions);
8
(iv) section 28 (which deals with assessed introductions);
9
(v) section 29 (which deals with commercial evaluation
10
introductions);
11
(vi) section 30 (which deals with exceptional circumstances
12
introductions).
13
Note:
The introduction of an industrial chemical may also be subject to
14
prohibitions or conditions based on Australia's obligations under
15
international agreements or arrangements: see Division 3 of Part 9.
16
Fault-based offence
17
(2) A person commits an offence if the person contravenes
18
subsection (1).
19
Penalty: 500 penalty units.
20
Strict liability offence
21
(3) A person commits an offence of strict liability if the person
22
contravenes subsection (1).
23
Penalty: 60 penalty units.
24
Civil penalty provision
25
(4) A person is liable to a civil penalty if the person contravenes
26
subsection (1).
27
Civil penalty:
500 penalty units.
28
Part 3 Categorisation and assessment of industrial chemicals
Division 2 Introduction categories
Section 25
26
Industrial Chemicals Bill 2017
No. , 2017
25 Listed introductions
1
An introduction of an industrial chemical by a person is authorised
2
by this section if:
3
(a) the industrial chemical is listed on the Inventory; and
4
(b) the introduction is in accordance with the terms of the
5
Inventory listing.
6
Note:
Part 5 deals with the Inventory and the process for getting an
7
industrial chemical listed on the Inventory.
8
26 Exempted introductions
9
(1) An introduction of an industrial chemical by a person is authorised
10
by this section if the introduction is an exempted introduction in
11
accordance with rules made for the purposes of subsection (2).
12
(2) The rules may prescribe the following:
13
(a) circumstances in which an introduction of an industrial
14
chemical is an exempted introduction;
15
(b) circumstances in which an introduction of an industrial
16
chemical is not an exempted introduction.
17
Note:
An exempted introduction is an industrial chemical introduction that
18
poses a very low risk to human health and the environment.
19
(3) Without limiting subsection (2), the rules may prescribe different
20
circumstances for different industrial chemicals, or classes of
21
industrial chemicals, and may prescribe circumstances relating to
22
any of the following:
23
(a) the hazards of the industrial chemical to human health;
24
(b) the hazards of the industrial chemical to the environment;
25
(c) the exposure of humans to the industrial chemical from the
26
introduction and use of the industrial chemical;
27
(d) the exposure of the environment to the industrial chemical
28
from the introduction and use of the industrial chemical.
29
27 Reported introductions
30
(1) An introduction of an industrial chemical by a person is authorised
31
by this section if:
32
Categorisation and assessment of industrial chemicals Part 3
Introduction categories Division 2
Section 28
No. , 2017
Industrial Chemicals Bill 2017
27
(a) the introduction is a reported introduction in accordance with
1
rules made for the purposes of subsection (2); and
2
(b) a pre-introduction report for the industrial chemical has been
3
given to the Executive Director in accordance with
4
section 97; and
5
(c) the introduction is in accordance with the terms of the
6
pre-introduction report.
7
Note:
For information and reporting obligations, including pre-introduction
8
reports: see Part 6.
9
(2) The rules may prescribe the following:
10
(a) circumstances in which an introduction of an industrial
11
chemical is a reported introduction;
12
(b) circumstances in which an introduction of an industrial
13
chemical is not a reported introduction.
14
Note:
A reported introduction is an industrial chemical introduction that
15
poses a low risk to human health or the environment.
16
(3) Without limiting subsection (2), the rules may prescribe different
17
circumstances for different industrial chemicals, or classes of
18
industrial chemicals, and may prescribe circumstances relating to
19
any of the following:
20
(a) the hazards of the industrial chemical to human health;
21
(b) the hazards of the industrial chemical to the environment;
22
(c) the exposure of humans to the industrial chemical from the
23
introduction and use of the industrial chemical;
24
(d) the exposure of the environment to the industrial chemical
25
from the introduction and use of the industrial chemical;
26
(e) whether the introduction of the industrial chemical has been
27
the subject of an assessment (however described) by an
28
international body.
29
28 Assessed introductions
30
An introduction of an industrial chemical by a person is authorised
31
by this section if:
32
Part 3 Categorisation and assessment of industrial chemicals
Division 2 Introduction categories
Section 29
28
Industrial Chemicals Bill 2017
No. , 2017
(a) the person is the holder of an assessment certificate, or is
1
covered by an assessment certificate, for the industrial
2
chemical; and
3
(b) the introduction is in accordance with the terms of the
4
assessment certificate.
5
Note 1:
An assessed introduction is generally an industrial chemical
6
introduction that poses a medium to high risk to human health or the
7
environment. If an introduction of an industrial chemical does not fall
8
within the definition of an exempted or reported introduction and is
9
not listed on the Inventory, it is generally an assessed introduction.
10
Note 2:
A person can choose to apply for an assessment certificate for an
11
introduction that would otherwise be authorised under another section
12
in this Division: see Division 3.
13
29 Commercial evaluation introductions
14
An introduction of an industrial chemical by a person is authorised
15
by this section if:
16
(a) the person is the holder of a commercial evaluation
17
authorisation for the industrial chemical; and
18
(b) the introduction is in accordance with the terms of the
19
commercial evaluation authorisation.
20
30 Exceptional circumstances introductions
21
An introduction of an industrial chemical by a person is authorised
22
by this section if:
23
(a) the person is the holder of an exceptional circumstances
24
authorisation for the industrial chemical; and
25
(b) the introduction is in accordance with the terms of the
26
exceptional circumstances authorisation.
27
Categorisation and assessment of industrial chemicals Part 3
Assessment certificates Division 3
Section 31
No. , 2017
Industrial Chemicals Bill 2017
29
Division 3--Assessment certificates
1
Subdivision A--Obtaining a certificate
2
31 Applying for a certificate
3
(1) A person may apply to the Executive Director for an assessment
4
certificate for the introduction of an industrial chemical.
5
Note 1:
For general requirements relating to applications: see section 167.
6
Note 2:
An application for the proper name or end use for an industrial
7
chemical to be treated as confidential business information may be
8
made at the time of applying for an assessment certificate: see
9
section 105.
10
(2) A joint application under subsection (1) may be made by 2 or more
11
persons.
12
(3) An application under subsection (1) cannot be made for an
13
industrial chemical that is listed on the Inventory.
14
Note:
If an introduction of an industrial chemical is not within the terms of
15
the Inventory listing for the industrial chemical, the introduction may
16
otherwise be authorised as an exempted or reported introduction, or an
17
application may be made to vary the terms of the Inventory listing: see
18
sections 26, 27 and 88.
19
32 Executive Director must consider application
20
(1) The Executive Director must consider the application in
21
accordance with this Subdivision.
22
(2) A decision on the application must be made under subsection 37(1)
23
within the following period (the consideration period) after the
24
day the application is made:
25
(a) unless paragraph (b) or (c) applies--70 working days;
26
(b) unless paragraph (c) applies--if the rules prescribe a number
27
of working days for that type of application, that number of
28
working days;
29
(c) if the Executive Director and each applicant agree to a
30
number of working days--that number of working days.
31
Part 3 Categorisation and assessment of industrial chemicals
Division 3 Assessment certificates
Section 33
30
Industrial Chemicals Bill 2017
No. , 2017
Note:
For circumstances affecting the calculation of the consideration
1
period: see section 169.
2
(3) In considering the application, the Executive Director must have
3
regard to the following:
4
(a) any risks to human health or the environment associated with
5
the proposed introduction or use of the industrial chemical;
6
(b) whether any conditions of a kind mentioned in
7
subsection 38(2) are necessary to manage any such risks;
8
(c) any further information provided in accordance with
9
section 33 or subsection 167(4);
10
(d) any advice given by a prescribed body in accordance with
11
section 34;
12
(e) any advice given by the Gene Technology Regulator in
13
accordance with section 35;
14
(f) any submissions made by an applicant in accordance with
15
section 36.
16
33 Executive Director may request further information
17
(1) The Executive Director may, by written notice given to an
18
applicant, request further information to be provided for the
19
purposes of considering the application.
20
(2) The information must be given within the period specified in the
21
notice, which must not be less than 20 working days after the day
22
the notice is given.
23
(3) If the requested information is not provided within the period
24
mentioned in subsection (2), the Executive Director may take the
25
application to be withdrawn.
26
34 Consultation with prescribed bodies
27
(1) The Executive Director must, by written notice, seek the advice of
28
a body prescribed by the rules for the purposes of this subsection if
29
the Executive Director is considering doing either of the following:
30
(a) not issuing an assessment certificate under
31
paragraph 37(1)(b) on the basis that the Executive Director is
32
Categorisation and assessment of industrial chemicals Part 3
Assessment certificates Division 3
Section 35
No. , 2017
Industrial Chemicals Bill 2017
31
not satisfied that the risks to human health or the
1
environment can be managed;
2
(b) including conditions of a kind mentioned in subsection 38(2)
3
on the assessment certificate on the basis that the conditions
4
are necessary to manage risks to human health or the
5
environment.
6
(2) In considering an application, the Executive Director may, by
7
written notice, seek the advice of a body prescribed by the rules for
8
the purposes of this subsection.
9
(3) The body may provide a response to the Executive Director.
10
(4) The response must be given within the period specified in the
11
notice, which must not be less than 20 working days after the day
12
the notice is given.
13
35 Consultation with Gene Technology Regulator
14
(1) The Executive Director must, by written notice, seek the advice of
15
the Gene Technology Regulator if the application relates to an
16
industrial chemical that is a GM product or contains a GM product.
17
(2) The Gene Technology Regulator may provide a response to the
18
Executive Director.
19
(3) The response must be given within the period specified in the
20
notice, which must not be less than 20 working days after the day
21
the notice is given.
22
36 Submissions on draft assessment statement
23
(1) The Executive Director must, by written notice, provide each
24
applicant with a draft assessment statement.
25
(2) An applicant may make a written submission to the Executive
26
Director about the draft statement.
27
(3) A submission must be given within the period specified in the
28
notice, which must not be less than 20 working days after the day
29
the notice is given.
30
Part 3 Categorisation and assessment of industrial chemicals
Division 3 Assessment certificates
Section 37
32
Industrial Chemicals Bill 2017
No. , 2017
37 Issue of certificate and assessment statement
1
(1) After considering the application, the Executive Director must
2
decide to:
3
(a) issue an assessment certificate; or
4
(b) not issue an assessment certificate.
5
(2) The Executive Director must be satisfied that any risks to human
6
health or the environment can be managed before deciding to issue
7
an assessment certificate.
8
(3) The Executive Director must not issue the assessment certificate if
9
the Executive Director is not satisfied that any risks to human
10
health or the environment can be managed.
11
(4) To avoid doubt, the Executive Director must not issue the
12
assessment certificate if the Executive Director is satisfied that the
13
chemical is not an industrial chemical.
14
(5) The Executive Director must give written notice of the decision
15
and the assessment statement to each applicant.
16
(6) If the decision is to issue an assessment certificate, the Executive
17
Director must also give the assessment certificate to each applicant.
18
(7) The Executive Director must publish the assessment statement on
19
the AICIS website.
20
38 Content of certificate
21
(1) An assessment certificate must be in writing and include the
22
following (the terms of the assessment certificate):
23
(a) the proper name for the industrial chemical;
24
(b) the defined scope of assessment;
25
(c) any conditions relating to the introduction or use of the
26
industrial chemical;
27
(d) any specific requirements to provide information to the
28
Executive Director in relation to the introduction;
29
(e) any other information prescribed by the rules for the purposes
30
of this paragraph.
31
Categorisation and assessment of industrial chemicals Part 3
Assessment certificates Division 3
Section 39
No. , 2017
Industrial Chemicals Bill 2017
33
(2) For the purposes of paragraph (1)(c) the conditions must be any of
1
the following kinds:
2
(a) a condition on the volume of industrial chemical permitted to
3
be introduced;
4
(b) a condition on where the industrial chemical is permitted to
5
be introduced or used;
6
(c) a condition on the period for which the industrial chemical is
7
permitted to be introduced.
8
39 When certificate is in force
9
An assessment certificate for an industrial chemical is in force for
10
the period beginning the day notice of the issue of the certificate is
11
given under subsection 37(5) and ending on the earliest of the
12
following:
13
(a) the day the certificate is taken to be cancelled under
14
subsection 42(7);
15
(b) the day notice of the cancellation of the assessment certificate
16
is given under subsection 51(3) or 52(6);
17
(c) if a condition of a kind mentioned in paragraph 38(2)(c) is
18
included on the certificate--the day after the last day that the
19
industrial chemical is permitted to be introduced in
20
accordance with that condition;
21
(d) the day the Executive Director lists the industrial chemical on
22
the Inventory in relation to the certificate under
23
subsection 82(1) or 83(2);
24
(e) the day the Executive Director varies the listing for the
25
industrial chemical in relation to the certificate under
26
subsection 87(2).
27
Part 3 Categorisation and assessment of industrial chemicals
Division 3 Assessment certificates
Section 40
34
Industrial Chemicals Bill 2017
No. , 2017
Subdivision B--Changes to certificate holders or persons
1
covered by a certificate
2
40 Applying to change persons covered
3
Adding persons
4
(1) A holder of an assessment certificate may apply to the Executive
5
Director for a person to be covered by the certificate.
6
Note:
For general requirements relating to applications: see section 167.
7
(2) The Executive Director must grant the application if satisfied that:
8
(a) the application complies with section 167; and
9
(b) the following consent to the application:
10
(i) each holder of the certificate;
11
(ii) the person to be covered by the certificate.
12
(3) The Executive Director must give written notice of the decision to
13
the following:
14
(a) each holder of the certificate;
15
(b) the person to be covered by the certificate.
16
Removing persons
17
(4) A person covered by an assessment certificate may apply to the
18
Executive Director to be removed as a person covered by the
19
certificate.
20
Note:
For general requirements relating to applications: see section 167.
21
(5) The Executive Director must grant the application if satisfied that
22
the application complies with section 167.
23
(6) The Executive Director must give written notice of the decision to
24
the following:
25
(a) the applicant;
26
(b) each holder of the certificate.
27
Categorisation and assessment of industrial chemicals Part 3
Assessment certificates Division 3
Section 41
No. , 2017
Industrial Chemicals Bill 2017
35
41 Applying to change certificate holders
1
Adding persons
2
(1) A person may apply to the Executive Director to be added as a
3
holder of the certificate.
4
Note:
For general requirements relating to applications: see section 167.
5
(2) The Executive Director must grant the application if satisfied that:
6
(a) the application complies with section 167; and
7
(b) the following consent to the application:
8
(i) the applicant;
9
(ii) each holder of the certificate.
10
(3) The Executive Director must give written notice of the decision to
11
the following:
12
(a) the applicant;
13
(b) each holder of the certificate.
14
Removing persons
15
(4) A holder of an assessment certificate for which there are joint
16
certificate holders may apply to the Executive Director to remove
17
the person as a holder of the certificate.
18
Note:
For general requirements relating to applications: see section 167.
19
(5) The Executive Director must grant the application if satisfied that
20
the application complies with section 167.
21
(6) The Executive Director must give written notice of the decision to
22
the following:
23
(a) the applicant;
24
(b) each holder of the certificate.
25
42 Changing certificate holders on Executive Director's initiative
26
(1) The Executive Director may remove a person as a holder of an
27
assessment certificate, or remove a person as a person covered by
28
the certificate, if the Executive Director is satisfied that:
29
Part 3 Categorisation and assessment of industrial chemicals
Division 3 Assessment certificates
Section 43
36
Industrial Chemicals Bill 2017
No. , 2017
(a) the person is not complying with the terms of the assessment
1
certificate; or
2
(b) the person has made a statement, or given a document or
3
information, to the Executive Director in connection with the
4
assessment certificate that was false or misleading in a
5
material particular.
6
(2) Before removing the person, the Executive Director must give
7
written notice of the proposed removal, and the reasons for the
8
removal, to the person.
9
(3) The person may make a written submission to the Executive
10
Director about the proposed removal.
11
(4) A submission must be made within the period specified in the
12
notice, which must not be less than 20 working days after the day
13
the notice is given.
14
(5) After considering any submissions made during that period the
15
Executive Director must decide to:
16
(a) remove the person from the assessment certificate; or
17
(b) not remove the person from the assessment certificate.
18
(6) The Executive Director must give written notice of the decision to
19
the following:
20
(a) the person;
21
(b) each holder of the certificate.
22
(7) If after removing the person there are no holders of the certificate,
23
the certificate is taken to be cancelled on the day the notice is given
24
under subsection (6).
25
Subdivision C--Varying the terms of an assessment certificate
26
43 Applying for a variation of the terms of an assessment certificate
27
(1) The holder of an assessment certificate may apply to the Executive
28
Director to vary a term of the assessment certificate.
29
Note 1:
For general requirements relating to applications: see section 167.
30
Categorisation and assessment of industrial chemicals Part 3
Assessment certificates Division 3
Section 44
No. , 2017
Industrial Chemicals Bill 2017
37
Note 2:
If the variation relates to the end use for an industrial chemical, an
1
application for this end use to be treated as confidential business
2
information may be made at the time of applying for the variation: see
3
section 105.
4
(2) If there is more than one holder of the assessment certificate, the
5
holders of the certificate must make a joint application.
6
44 Executive Director must consider application
7
(1) The Executive Director must consider the application in
8
accordance with this Subdivision.
9
(2) A decision on the application must be made under subsection 49(1)
10
within the following period (the consideration period) after the
11
day the application is made:
12
(a) unless paragraph (b) or (c) applies--70 working days;
13
(b) unless paragraph (c) applies--if the rules prescribe a number
14
of working days for that type of application, that number of
15
working days;
16
(c) if the Executive Director and each applicant agree to a
17
number of working days--that number of working days.
18
Note:
For circumstances affecting the calculation of the consideration
19
period: see section 169.
20
(3) In considering the application, the Executive Director must have
21
regard to the following:
22
(a) any risks to human health or the environment associated with
23
the proposed introduction and use of the industrial chemical;
24
(b) any further information provided in accordance with
25
section 45 or subsection 167(4);
26
(c) any advice given by a prescribed body in accordance with
27
section 46;
28
(d) any advice given by the Gene Technology Regulator in
29
accordance with section 47;
30
(e) any submissions made by an applicant in accordance with
31
section 48.
32
Part 3 Categorisation and assessment of industrial chemicals
Division 3 Assessment certificates
Section 45
38
Industrial Chemicals Bill 2017
No. , 2017
45 Executive Director may request further information
1
(1) The Executive Director may, by written notice given to an
2
applicant, request further information to be provided for the
3
purposes of considering the application.
4
(2) The information must be given within the period specified in the
5
notice, which must not be less than 20 working days after the day
6
the notice is given.
7
(3) If the requested information is not provided within the period
8
mentioned in subsection (2), the Executive Director may take the
9
application to be withdrawn.
10
46 Consultation with prescribed bodies
11
(1) The Executive Director must, by written notice, seek the advice of
12
a body prescribed by the rules for the purposes of this subsection if
13
the Executive Director is considering doing any of the following:
14
(a) including, removing or varying a condition of a kind
15
mentioned in subsection 38(2) on the basis that the inclusion,
16
removal or variation is necessary to manage risks to human
17
health or the environment;
18
(b) not varying a term of the assessment certificate under
19
paragraph 49(1)(b) on the basis that the Executive Director is
20
not satisfied that the risks to human health or the
21
environment can be managed.
22
(2) In considering an application, the Executive Director may, by
23
written notice, seek the advice of a body prescribed by the rules for
24
the purposes of this subsection.
25
(3) The body may provide a response to the Executive Director.
26
(4) The response must be given within the period specified in the
27
notice, which must not be less than 20 working days after the day
28
the notice is given.
29
Categorisation and assessment of industrial chemicals Part 3
Assessment certificates Division 3
Section 47
No. , 2017
Industrial Chemicals Bill 2017
39
47 Consultation with Gene Technology Regulator
1
(1) The Executive Director must, by written notice, seek the advice of
2
the Gene Technology Regulator if the application relates to an
3
industrial chemical that is a GM product or contains a GM product.
4
(2) The Gene Technology Regulator may provide a response to the
5
Executive Director.
6
(3) The response must be given within the period specified in the
7
notice, which must not be less than 20 working days after the day
8
the notice is given.
9
48 Submissions on draft assessment statement
10
(1) If the Executive Director proposes to make a variation to a term of
11
the assessment certificate, the Executive Director must, by written
12
notice, give the draft assessment statement to each applicant.
13
(2) An applicant may make a written submission to the Executive
14
Director about the draft statement.
15
(3) A submission must be given within the period specified in the
16
notice, which must not be less than 20 working days after the day
17
the notice is given.
18
49 Issue of varied assessment certificate and assessment statement
19
(1) After considering the application, the Executive Director must
20
decide to:
21
(a) vary the term of the assessment certificate; or
22
(b) not vary the term of the assessment certificate.
23
(2) The Executive Director must be satisfied that any risks to human
24
health or the environment can be managed before deciding to vary
25
the term of the assessment certificate.
26
(3) The Executive Director must not vary the term of the assessment
27
certificate if the Executive Director is not satisfied that any risks to
28
human health or the environment associated with the variation can
29
be managed.
30
Part 3 Categorisation and assessment of industrial chemicals
Division 3 Assessment certificates
Section 50
40
Industrial Chemicals Bill 2017
No. , 2017
(4) The Executive Director must give written notice of the decision
1
and the assessment statement to each applicant.
2
(5) If the decision is to vary the assessment certificate, the Executive
3
Director must also give the varied assessment certificate to each
4
applicant.
5
(6) The Executive Director must publish the assessment statement on
6
the AICIS website.
7
(7) To avoid doubt, a single notice or assessment statement given
8
under this section may cover more than one term of an assessment
9
certificate.
10
50 Variations on Executive Director's initiative
11
(1) The Executive Director may vary a term of an assessment
12
certificate for the introduction of an industrial chemical if:
13
(a) the Executive Director has completed an evaluation under
14
Part 4 relating to the introduction of the industrial chemical;
15
and
16
(b) the Executive Director has concluded as part of that
17
evaluation that the terms of the assessment certificate may
18
require variation to manage the risks to human health or the
19
environment from the introduction and use of the industrial
20
chemical; and
21
(c) the Executive Director has published the evaluation statement
22
for the evaluation.
23
(2) The Executive Director must give written notice of the proposed
24
variation, and the reasons for the variation, to each holder of the
25
assessment certificate.
26
(3) The holder of the assessment certificate may make a written
27
submission to the Executive Director about the proposed variation.
28
(4) A submission must be given within the period specified in the
29
notice, which must not be less than 20 working days after the day
30
the notice is given.
31
Categorisation and assessment of industrial chemicals Part 3
Assessment certificates Division 3
Section 51
No. , 2017
Industrial Chemicals Bill 2017
41
(5) After considering any submissions made during that period the
1
Executive Director must decide to:
2
(a) vary the term of the assessment certificate; or
3
(b) not vary the term of the assessment certificate.
4
(6) The Executive Director must give written notice of the decision
5
and the assessment statement to each holder of the certificate.
6
(7) If the decision is to vary the assessment certificate, the Executive
7
Director must also give the varied assessment certificate to each
8
applicant.
9
(8) The Executive Director must publish the assessment statement on
10
the AICIS website.
11
(9) To avoid doubt, a single notice or assessment statement given
12
under this section may cover more than one term of an assessment
13
certificate.
14
Subdivision D--Cancelling an assessment certificate
15
51 Applying to cancel a certificate
16
(1) The holder of an assessment certificate may apply to the Executive
17
Director to cancel the certificate.
18
Note:
For general requirements relating to applications: see section 167.
19
(2) The Executive Director must grant the application if the Executive
20
Director is satisfied that:
21
(a) the application complies with section 167; and
22
(b) each holder of the certificate consents to the application.
23
(3) The Executive Director must give written notice of the decision to
24
the following:
25
(a) the applicant;
26
(b) each holder of the certificate.
27
Part 3 Categorisation and assessment of industrial chemicals
Division 3 Assessment certificates
Section 52
42
Industrial Chemicals Bill 2017
No. , 2017
52 Cancelling on Executive Director's initiative
1
(1) The Executive Director may cancel an assessment certificate for an
2
industrial chemical if:
3
(a) the Executive Director has completed an evaluation under
4
Part 4 relating to the introduction of the industrial chemical;
5
and
6
(b) the Executive Director has concluded as part of that
7
evaluation that the Executive Director is not satisfied that the
8
risks to human health or the environment from the
9
introduction and use of the industrial chemical can be
10
managed; and
11
(c) the Executive Director has published the evaluation statement
12
for the evaluation.
13
(2) The Executive Director must give written notice of the proposed
14
cancellation, and the reasons for the cancellation, to each holder of
15
the certificate.
16
(3) The holder of the assessment certificate may make a written
17
submission to the Executive Director about the proposed
18
cancellation.
19
(4) A submission must be given within the period specified in the
20
notice, which must not be less than 20 working days after the day
21
the notice is given.
22
(5) After considering any submissions made during that period the
23
Executive Director must decide to:
24
(a) cancel the assessment certificate; or
25
(b) not cancel the assessment certificate.
26
(6) The Executive Director must give written notice of the decision
27
and the assessment statement to each holder of the assessment
28
certificate.
29
(7) The Executive Director must publish the assessment statement on
30
the AICIS website.
31
Categorisation and assessment of industrial chemicals Part 3
Commercial evaluation authorisations Division 4
Section 53
No. , 2017
Industrial Chemicals Bill 2017
43
Division 4--Commercial evaluation authorisations
1
Subdivision A--Obtaining an authorisation
2
53 Applying for an authorisation
3
(1) A person may apply to the Executive Director for a commercial
4
evaluation authorisation for the introduction of an industrial
5
chemical if:
6
(a) the introduction is for the purpose of ascertaining the
7
industrial chemical's potential for commercial application;
8
and
9
(b) the introduction or use of the industrial chemical will not
10
involve any of the following:
11
(i) making the industrial chemical available to the general
12
public in circumstances prescribed by the rules for the
13
purposes of this subparagraph;
14
(ii) release of the industrial chemical into the environment
15
without prior treatment;
16
(iii) uncontrolled use in any workplace;
17
(iv) introduction of a volume of the industrial chemical that
18
exceeds the volume prescribed by the rules for the
19
purposes of this subparagraph; and
20
(c) the person does not hold, or has not previously held, an
21
authorisation under this section for the industrial chemical
22
and the end use for the industrial chemical; and
23
(d) the person has not made another application under this
24
section for the industrial chemical and end use that is yet to
25
be decided or withdrawn.
26
Note 1:
For general requirements relating to applications: see section 167.
27
Note 2:
An application for the proper name or end use for the industrial
28
chemical to be treated as confidential business information may be
29
made at the time of applying for an authorisation: see section 105.
30
(2) A joint application under subsection (1) may be made by 2 or more
31
persons.
32
Part 3 Categorisation and assessment of industrial chemicals
Division 4 Commercial evaluation authorisations
Section 54
44
Industrial Chemicals Bill 2017
No. , 2017
54 Executive Director must consider application
1
(1) The Executive Director must consider the application in
2
accordance with this Subdivision.
3
(2) A decision on the application must be made under subsection 58(1)
4
within the following period (the consideration period) after the
5
day the application is made:
6
(a) unless paragraph (b) or (c) applies--20 working days;
7
(b) unless paragraph (c) applies--if the rules prescribe a number
8
of working days for that type of application, that number of
9
working days;
10
(c) if the Executive Director and each applicant agree to a
11
number of working days--that number of working days.
12
Note:
For circumstances affecting the calculation of the consideration
13
period: see section 169.
14
(3) In considering the application, the Executive Director must have
15
regard to the following:
16
(a) whether the volume of the industrial chemical proposed to be
17
introduced has been justified by the applicant for effective
18
commercial evaluation of the industrial chemical;
19
(b) whether the time period to be covered by the authorisation
20
has been justified by the applicant for effective commercial
21
evaluation of the industrial chemical;
22
(c) whether any conditions relating to the introduction or use of
23
the industrial chemical are necessary to manage any risks, or
24
potential risks, to human health or the environment
25
associated with the proposed introduction and use of the
26
industrial chemical;
27
(d) whether the requirements mentioned in paragraphs 53(1)(a)
28
and (b) will be met;
29
(e) any further information provided in accordance with
30
section 55 or subsection 167(4);
31
(f) any advice given by a prescribed body in accordance with
32
section 56;
33
(g) any advice given by the Gene Technology Regulator in
34
accordance with section 57.
35
Categorisation and assessment of industrial chemicals Part 3
Commercial evaluation authorisations Division 4
Section 55
No. , 2017
Industrial Chemicals Bill 2017
45
55 Executive Director may request further information
1
(1) The Executive Director may, by written notice given to an
2
applicant, request further information to be provided for the
3
purposes of considering the application.
4
(2) The information must be given within the period specified in the
5
notice, which must not be less than 10 working days after the day
6
the notice is given.
7
(3) If the requested information is not provided within the period
8
mentioned in subsection (2), the Executive Director may take the
9
application to be withdrawn.
10
56 Consultation with prescribed bodies
11
(1) In considering an application, the Executive Director may, by
12
written notice, seek the advice of a body prescribed by the rules for
13
the purposes of this subsection.
14
(2) The body may provide a response to the Executive Director.
15
(3) The response must be given within the period specified in the
16
notice, which must not be less than 10 working days after the day
17
the notice is given.
18
57 Consultation with Gene Technology Regulator
19
(1) The Executive Director must, by written notice, seek the advice of
20
the Gene Technology Regulator if the application relates to an
21
industrial chemical that is a GM product or contains a GM product.
22
(2) The Gene Technology Regulator may provide a response to the
23
Executive Director.
24
(3) The response must be given within the period specified in the
25
notice, which must not be less than 10 working days after the day
26
the notice is given.
27
Part 3 Categorisation and assessment of industrial chemicals
Division 4 Commercial evaluation authorisations
Section 58
46
Industrial Chemicals Bill 2017
No. , 2017
58 Issue of authorisation
1
(1) After considering the application, the Executive Director must
2
decide to:
3
(a) issue a commercial evaluation authorisation; or
4
(b) not issue a commercial evaluation authorisation.
5
(2) The Executive Director must not issue the authorisation if the
6
Executive Director is not satisfied that any risks to human health or
7
the environment can be managed.
8
(3) To avoid doubt, the Executive Director must not issue the
9
commercial evaluation authorisation if the Executive Director is
10
satisfied that the chemical is not an industrial chemical.
11
(4) The Executive Director must give written notice of the decision to
12
each applicant.
13
(5) If the decision is to issue a commercial evaluation authorisation the
14
Executive Director must also give the authorisation to each
15
applicant.
16
59 Content of authorisation
17
(1) A commercial evaluation authorisation must be in writing and
18
include the following (the terms of the authorisation):
19
(a) the proper name for the industrial chemical;
20
(b) the period for which the authorisation is in force (which must
21
not be more than 4 years);
22
(c) the end use for the industrial chemical;
23
(d) that any introduction of an industrial chemical under the
24
authorisation must be for the purposes of commercial
25
evaluation;
26
(e) any conditions relating to the introduction or use of the
27
industrial chemical that are necessary to manage risks to
28
human health or the environment from the introduction or use
29
of the industrial chemical;
30
(f) any specific requirements to provide information to the
31
Executive Director in relation to the introduction;
32
Categorisation and assessment of industrial chemicals Part 3
Commercial evaluation authorisations Division 4
Section 60
No. , 2017
Industrial Chemicals Bill 2017
47
(g) any other information prescribed by the rules for the purposes
1
of this paragraph.
2
(2) The Executive Director must publish the following on the AICIS
3
website in relation to a commercial evaluation authorisation for an
4
industrial chemical:
5
(a) the proper name for the industrial chemical;
6
(b) that a commercial evaluation authorisation is in force for the
7
industrial chemical;
8
(c) the end use for the industrial chemical;
9
(d) the period for which the authorisation is in force.
10
Note:
If an application to treat the proper name or end use for the industrial
11
chemical as confidential business information has been approved, the
12
Executive Director must publish an AACN or generalised end use
13
instead of the proper name or end use if prescribed circumstances
14
apply: see section 109.
15
Subdivision B--Changing authorisation holders
16
60 Applying to change authorisation holders
17
Adding persons
18
(1) A person may apply to the Executive Director to be added as a
19
holder of a commercial evaluation authorisation.
20
Note:
For general requirements relating to applications: see section 167.
21
(2) The Executive Director must grant the application if satisfied that:
22
(a) the application complies with section 167; and
23
(b) the following consent to the application:
24
(i) the applicant;
25
(ii) each holder of the authorisation.
26
(3) The Executive Director must give written notice of the decision to
27
the following:
28
(a) the applicant;
29
(b) each holder of the authorisation.
30
Part 3 Categorisation and assessment of industrial chemicals
Division 4 Commercial evaluation authorisations
Section 61
48
Industrial Chemicals Bill 2017
No. , 2017
Removing persons
1
(4) A holder of a commercial evaluation authorisation for which there
2
are joint authorisation holders may apply to the Executive Director
3
to remove the person as a holder of the authorisation.
4
Note 1:
If the person is the only holder of the authorisation, the person may
5
apply to cancel the authorisation: see section 65.
6
Note 2:
For general requirements relating to applications: see section 167.
7
(5) The Executive Director must grant the application if satisfied the
8
application complies with section 167.
9
(6) The Executive Director must give written notice of the decision to
10
the following:
11
(a) the applicant;
12
(b) each holder of the authorisation.
13
61 Changing authorisation holders on Executive Director's initiative
14
(1) The Executive Director may remove a person as a holder of a
15
commercial evaluation authorisation if the Executive Director is
16
satisfied that:
17
(a) the person is not complying with the terms of the
18
authorisation; or
19
(b) the person has made a statement, or given a document or
20
information, to the Executive Director in connection with the
21
authorisation that was false or misleading in a material
22
particular.
23
(2) Before removing the person, the Executive Director must give
24
written notice of the proposed removal, and the reasons for the
25
removal, to the person.
26
(3) The person may make a written submission to the Executive
27
Director about the proposed removal.
28
(4) A submission must be made within the period specified in the
29
notice, which must not be less than 20 working days after the day
30
the notice is given.
31
Categorisation and assessment of industrial chemicals Part 3
Commercial evaluation authorisations Division 4
Section 62
No. , 2017
Industrial Chemicals Bill 2017
49
(5) After considering any submissions made during that period, the
1
Executive Director must decide to:
2
(a) remove the person as a holder of the authorisation; or
3
(b) not remove the person as a holder of the authorisation.
4
(6) The Executive Director must give written notice of the decision to
5
the following:
6
(a) the person;
7
(b) each holder of the authorisation.
8
(7) If, after removing the person, there are no holders of the
9
authorisation, the Executive Director may take the authorisation to
10
be cancelled.
11
Subdivision C--Varying the terms of an authorisation
12
62 Applying for a variation of the terms of an authorisation
13
(1) The holder of a commercial evaluation authorisation may apply to
14
the Executive Director to vary a term of the authorisation.
15
Note:
For general requirements relating to applications: see section 167.
16
(2) If there is more than one holder of the authorisation, the holders of
17
the authorisation must make a joint application.
18
63 Issue of varied authorisation
19
(1) The Executive Director must consider the application in
20
accordance with this Subdivision.
21
(2) A decision on the application must be made under subsection (4)
22
within the following period (the consideration period) after the
23
day the application is made:
24
(a) unless paragraph (b) or (c) applies--20 working days;
25
(b) unless paragraph (c) applies--if the rules prescribe a number
26
of working days for that type of application, that number of
27
working days;
28
(c) if the Executive Director and each applicant agree to a
29
number of working days--that number of working days.
30
Part 3 Categorisation and assessment of industrial chemicals
Division 4 Commercial evaluation authorisations
Section 64
50
Industrial Chemicals Bill 2017
No. , 2017
Note:
For circumstances affecting the calculation of the consideration
1
period: see section 169.
2
(3) In considering the application, the Executive Director must have
3
regard to the following:
4
(a) any risks, or potential risks, to human health or the
5
environment associated with the proposed variation;
6
(b) any further information provided in accordance with
7
subsection 167(4).
8
(4) After considering the application, the Executive Director must
9
decide to:
10
(a) vary the term of the authorisation; or
11
(b) not vary the term of the authorisation.
12
(5) The Executive Director must not issue the authorisation if the
13
Executive Director is not satisfied that any risks to human health or
14
the environment can be managed.
15
(6) The Executive Director must give written notice of the decision to
16
each holder of the authorisation.
17
(7) To avoid doubt, a single notice under subsection (6) may cover
18
more than one term of the authorisation.
19
64 Variations on Executive Director's initiative
20
(1) The Executive Director may vary a term of a commercial
21
evaluation authorisation.
22
(2) Before making the variation, the Executive Director must give
23
written notice of the proposed variation, and the reasons for the
24
variation, to each holder of the authorisation.
25
(3) The holder of the authorisation may make a written submission to
26
the Executive Director about the proposed variation.
27
(4) A submission must be given within the period specified in the
28
notice, which must not be less than 20 working days after the day
29
the notice is given.
30
Categorisation and assessment of industrial chemicals Part 3
Commercial evaluation authorisations Division 4
Section 65
No. , 2017
Industrial Chemicals Bill 2017
51
(5) After considering any submissions made during that period, the
1
Executive Director must decide to:
2
(a) vary the term of the authorisation; or
3
(b) not vary the term of the authorisation.
4
(6) The Executive Director must give written notice of the decision to
5
each holder of the authorisation.
6
(7) If the decision is to vary the term of the authorisation, the
7
Executive Director must also give the varied authorisation to each
8
holder of the authorisation.
9
(8) To avoid doubt, a single notice under subsection (6) may cover
10
more than one term of the authorisation.
11
Subdivision D--Cancelling an authorisation
12
65 Applying to cancel an authorisation
13
(1) The holder of a commercial evaluation authorisation may apply to
14
the Executive Director to cancel the authorisation.
15
Note:
For general requirements relating to applications: see section 167.
16
(2) The Executive Director must grant the application if the Executive
17
Director is satisfied that:
18
(a) the application complies with section 167; and
19
(b) each holder of the authorisation consents to the application.
20
(3) The Executive Director must give written notice of the decision to
21
each authorisation holder.
22
66 Cancelling on Executive Director's initiative
23
(1) The Executive Director may cancel a commercial evaluation
24
authorisation for the introduction of an industrial chemical if the
25
Executive Director is not satisfied that the risks to human health or
26
the environment from the introduction and use of the industrial
27
chemical can be managed.
28
Part 3 Categorisation and assessment of industrial chemicals
Division 4 Commercial evaluation authorisations
Section 66
52
Industrial Chemicals Bill 2017
No. , 2017
(2) The Executive Director must give written notice of the proposed
1
cancellation, and the reasons for the cancellation, to each holder of
2
the authorisation.
3
(3) The holder of the authorisation may make a written submission to
4
the Executive Director about the proposed cancellation.
5
(4) A submission must be given within the period specified in the
6
notice, which must not be less than 20 working days after the day
7
the notice is given.
8
(5) After considering any submissions made during that period, the
9
Executive Director must decide to:
10
(a) cancel the commercial evaluation authorisation; or
11
(b) not cancel the commercial evaluation authorisation.
12
(6) The Executive Director must give written notice of the decision to
13
each holder of the authorisation.
14
Categorisation and assessment of industrial chemicals Part 3
Exceptional circumstances authorisations Division 5
Section 67
No. , 2017
Industrial Chemicals Bill 2017
53
Division 5--Exceptional circumstances authorisations
1
67 Exceptional circumstances authorisations
2
(1) The Minister may issue an exceptional circumstances authorisation
3
for the introduction of an industrial chemical.
4
(2) Before deciding to issue the authorisation, the Minister must:
5
(a) consult with the Executive Director; and
6
(b) be satisfied that the introduction of the industrial chemical is
7
in the public interest to address significant risks to human
8
health or the environment.
9
(3) The authorisation must be in writing and include the following (the
10
terms of the authorisation):
11
(a) the proper name for the industrial chemical;
12
(b) the period for which the authorisation is in force;
13
(c) the scope of the authorisation;
14
(d) any condition relating to the introduction or use of the
15
industrial chemical that the Minister is satisfied is necessary
16
to manage any risks to human health or the environment from
17
the introduction or use of the industrial chemical;
18
(e) any specific requirements to provide information to the
19
Executive Director in relation to the authorisation;
20
(f) any other information prescribed by the rules for the purposes
21
of this paragraph.
22
(4) The Minister must determine each holder of the authorisation and
23
give each such person written notice of the authorisation and the
24
authorisation.
25
(5) The Executive Director must publish the following on the AICIS
26
website in relation to an exceptional circumstances authorisation
27
for an industrial chemical:
28
(a) the commonly known name for the industrial chemical;
29
(b) that an exceptional circumstances authorisation is in force for
30
the industrial chemical;
31
Part 3 Categorisation and assessment of industrial chemicals
Division 5 Exceptional circumstances authorisations
Section 67
54
Industrial Chemicals Bill 2017
No. , 2017
(c) the reasons why an exceptional circumstances authorisation
1
is necessary;
2
(d) the period for which the authorisation is in force.
3
Evaluations initiated by Executive Director Part 4
Simplified outline of this Part Division 1
Section 68
No. , 2017
Industrial Chemicals Bill 2017
55
Part 4--Evaluations initiated by Executive Director
1
Division 1--Simplified outline of this Part
2
68 Simplified outline of this Part
3
This Part sets out the Executive Director's powers to initiate, at any
4
time, evaluations of industrial chemicals and matters relating to
5
industrial chemicals.
6
There are 2 separate processes for conducting evaluations. The first
7
is for industrial chemicals that are subject to an assessment
8
certificate. The Executive Director is required to consult with the
9
assessment certificate holders as part of this process.
10
The second is for any other industrial chemicals or matters relating
11
to industrial chemicals. The Executive Director must publish
12
certain information on the AICIS website about a proposed
13
evaluation.
14
The Executive Director must publish the outcomes of an evaluation
15
in an evaluation statement.
16
An evaluation under this Part is necessary for the Executive
17
Director to initiate variations to the terms of assessment certificates
18
or Inventory listings.
19
An evaluation under this Part is also necessary for the cancellation
20
of an assessment certificate, or removal of an Inventory listing, on
21
the Executive Director's initiative.
22
Part 4 Evaluations initiated by Executive Director
Division 2 Evaluations of introductions authorised by an assessment certificate
Section 69
56
Industrial Chemicals Bill 2017
No. , 2017
Division 2--Evaluations of introductions authorised by an
1
assessment certificate
2
69 Executive Director may initiate evaluation
3
(1) The Executive Director may initiate an evaluation of the
4
introduction of an industrial chemical that is authorised by an
5
assessment certificate.
6
(2) The Executive Director must give written notice of the proposed
7
evaluation, and the reasons for the evaluation, to each holder of the
8
assessment certificate.
9
(3) The notice must specify the time period within which the
10
evaluation will be conducted.
11
(4) In conducting the evaluation, the Executive Director must have
12
regard to the following:
13
(a) any risks to human health or the environment associated with
14
the introduction and use of the industrial chemical;
15
(b) any further information provided in accordance with
16
section 70;
17
(c) any advice given by a prescribed body in accordance with
18
section 71;
19
(d) any submissions made by a certificate holder in accordance
20
with section 72.
21
70 Executive Director may require information
22
(1) The Executive Director may, by written notice given to a holder of,
23
or a person covered by, the assessment certificate, require
24
information to be provided for the purposes of the evaluation.
25
(2) The information must be given within the period specified in the
26
notice, which must not be less than 20 working days after the day
27
the notice is given.
28
(3) A person contravenes this subsection if:
29
(a) a notice is given to the person under subsection (1); and
30
Evaluations initiated by Executive Director Part 4
Evaluations of introductions authorised by an assessment certificate Division 2
Section 71
No. , 2017
Industrial Chemicals Bill 2017
57
(b) the person does not provide the information specified in the
1
notice to the Executive Director within the period specified in
2
the notice in accordance with subsection (2).
3
Fault-based offence
4
(4) A person commits an offence if the person contravenes
5
subsection (3).
6
Penalty: 300 penalty units.
7
Strict liability offence
8
(5) A person commits an offence of strict liability if the person
9
contravenes subsection (3).
10
Penalty: 60 penalty units.
11
Civil penalty provision
12
(6) A person is liable to a civil penalty if the person contravenes
13
subsection (3).
14
Civil penalty:
300 penalty units.
15
71 Consultation with prescribed bodies
16
(1) The Executive Director must, by written notice, seek the advice of
17
a body prescribed by the rules for the purposes of this subsection if
18
the Executive Director is considering doing any of the following:
19
(a) including, removing or varying a condition relating to the
20
introduction or use of the industrial chemical on the
21
assessment certificate on the basis that the inclusion, removal
22
or variation is necessary to manage risks to human health or
23
the environment;
24
(b) cancelling the certificate on the basis that the Executive
25
Director is not satisfied that the risks to human health or the
26
environment can be managed.
27
Part 4 Evaluations initiated by Executive Director
Division 2 Evaluations of introductions authorised by an assessment certificate
Section 72
58
Industrial Chemicals Bill 2017
No. , 2017
(2) As part of the evaluation, the Executive Director may, by written
1
notice, seek the advice of a body prescribed by the rules for the
2
purposes of this subsection.
3
(3) The body may provide a response to the Executive Director.
4
(4) The response must be given within the period specified in the
5
notice, which must not be less than 20 working days after the day
6
the notice is given.
7
72 Submissions on draft evaluation statement
8
(1) The Executive Director must, by written notice, provide the draft
9
evaluation statement to each holder of the certificate.
10
(2) A holder of the certificate may make a written submission to the
11
Executive Director about the draft statement.
12
(3) A submission must be given within the period specified in the
13
notice, which must not be less than 20 working days after the day
14
the statement is given.
15
73 Issue of evaluation statement
16
(1) The Executive Director must issue an evaluation statement within
17
the period mentioned in subsection 69(3).
18
(2) An evaluation statement must be in writing and contain the
19
following:
20
(a) the subject of the evaluation;
21
(b) the defined scope of the evaluation;
22
(c) a summary of the evaluation and any risks to human health or
23
the environment identified during the evaluation;
24
(d) if risks have been identified--the proposed means for
25
managing these risks including the following:
26
(i) any recommendations relating to the introduction or use
27
of the industrial chemical;
28
(ii) any conditions of a kind mentioned in subsection 38(2);
29
(iii) any specific requirements to provide information to the
30
Executive Director as mentioned in paragraph 38(1)(d);
31
Evaluations initiated by Executive Director Part 4
Evaluations of introductions authorised by an assessment certificate Division 2
Section 73
No. , 2017
Industrial Chemicals Bill 2017
59
(e) any other information relating to the safe introduction and
1
use of the industrial chemical that the Executive Director
2
considers relevant.
3
(3) The Executive Director must:
4
(a) give each holder of the certificate the evaluation statement;
5
and
6
(b) publish the evaluation statement on the AICIS website.
7
Note:
The Executive Director may vary the terms of an assessment
8
certificate or cancel an assessment certificate following an evaluation:
9
see sections 50 and 52.
10
Part 4 Evaluations initiated by Executive Director
Division 3 Evaluations of other introductions or matters
Section 74
60
Industrial Chemicals Bill 2017
No. , 2017
Division 3--Evaluations of other introductions or matters
1
74 Executive Director may initiate evaluation
2
(1) The Executive Director may initiate an evaluation of matters
3
relating to industrial chemicals (other than the introduction of an
4
industrial chemical that is authorised by an assessment certificate).
5
Note:
An evaluation of the introduction of an industrial chemical authorised
6
by an assessment certificate must be conducted under Division 2.
7
(2) Without limiting subsection (1), an evaluation may relate to any of
8
the following:
9
(a) an industrial chemical;
10
(b) a class of industrial chemicals;
11
(c) hazards to human health or the environment associated with
12
an industrial chemical or class of industrial chemicals;
13
(d) exposure of humans or the environment to an industrial
14
chemical or class of industrial chemicals;
15
(e) a use for an industrial chemical or class of industrial
16
chemicals;
17
(f) the circumstances in which an industrial chemical or class of
18
industrial chemicals is introduced.
19
(3) If the Executive Director initiates an evaluation, the Executive
20
Director must publish the following on the AICIS website:
21
(a) the subject of the evaluation;
22
(b) the reason for the evaluation;
23
(c) the period within which the evaluation will be conducted.
24
75 Consultation to inform evaluation
25
The Executive Director, when conducting an evaluation, may do
26
any of the following:
27
(a) consult with a body prescribed by the rules for the purposes
28
of this paragraph;
29
(b) conduct a public consultation process;
30
Evaluations initiated by Executive Director Part 4
Evaluations of other introductions or matters Division 3
Section 76
No. , 2017
Industrial Chemicals Bill 2017
61
(c) request a person to provide information relevant to the
1
evaluation.
2
76 Executive Director may require information
3
(1) The Executive Director may, by written notice, require a person
4
mentioned in subsection (2) to provide information specified in the
5
notice if any of the following circumstances apply:
6
(a) the Executive Director has been unable to obtain the
7
information by other means;
8
(b) the information is necessary to confirm whether or not a
9
particular industrial chemical or class of industrial chemicals
10
is being introduced, or is in use, in Australia;
11
(c) the information is necessary in order to establish whether
12
there are any risks to human health or the environment
13
associated with an industrial chemical;
14
(d) the information is necessary in order for Australia to meet its
15
obligations under international agreements or arrangements;
16
(e) any other circumstances prescribed by the rules for the
17
purposes of this paragraph.
18
(2) For the purposes of subsection (1), the persons are:
19
(a) if the evaluation relates to a particular industrial chemical:
20
(i) all persons who introduce the industrial chemical during
21
the period beginning 12 months before the day the
22
notice is given and ending 12 months after that day; or
23
(ii) all persons who introduce the industrial chemical during
24
the period mentioned in subparagraph (i) in
25
circumstances specified in the notice; or
26
(iii) specified persons who introduce the industrial chemical
27
during the period mentioned in subparagraph (i); or
28
(b) in any case--a person whom the Executive Director is
29
satisfied has information relevant to the evaluation.
30
(3) The Executive Director must give the notice to each person who
31
the Executive Director is satisfied is a person mentioned in
32
subsection (2).
33
Part 4 Evaluations initiated by Executive Director
Division 3 Evaluations of other introductions or matters
Section 77
62
Industrial Chemicals Bill 2017
No. , 2017
(4) The notice must specify the period within which the information
1
must be provided, which must not be less than 20 working days
2
after the day the notice is given.
3
(5) Before giving a notice, the Executive Director must publish on the
4
AICIS website a statement describing the information that the
5
Executive Director proposes to require under this section.
6
77 Person must comply with requirement to provide information
7
(1) A person contravenes this subsection if:
8
(a) a notice is given to the person under section 76; and
9
(b) the person does not provide the information specified in the
10
notice to the Executive Director within the period specified in
11
the notice.
12
Fault-based offence
13
(2) A person commits an offence if the person contravenes
14
subsection (1).
15
Penalty: 300 penalty units.
16
Strict liability offence
17
(3) A person commits an offence of strict liability if the person
18
contravenes subsection (1).
19
Penalty: 60 penalty units.
20
Civil penalty provision
21
(4) A person is liable to a civil penalty if the person contravenes
22
subsection (1).
23
Civil penalty:
300 penalty units.
24
78 Issue of evaluation statement
25
(1) The Executive Director must issue an evaluation statement within
26
the period mentioned in paragraph 74(3)(c).
27
Evaluations initiated by Executive Director Part 4
Evaluations of other introductions or matters Division 3
Section 78
No. , 2017
Industrial Chemicals Bill 2017
63
(2) An evaluation statement must be in writing and contain the
1
following:
2
(a) the subject of the evaluation;
3
(b) the parameters of the evaluation;
4
(c) a summary of the evaluation and any risks to human health or
5
the environment identified during the evaluation;
6
(d) the proposed means for managing any risks;
7
(e) any other information that the Executive Director considers
8
relevant relating to the safe introduction and use of an
9
industrial chemical that was considered as part of the
10
evaluation;
11
(f) the conclusions of the evaluation.
12
(3) The Executive Director must publish the evaluation statement on
13
the AICIS website.
14
Note 1:
The Executive Director may vary the terms of an Inventory listing or
15
add a listing or remove a listing following an evaluation: see Part 5.
16
Note 2:
If the Executive Director is proposing to include information in the
17
evaluation statement for which notice has been given under
18
section 112, an application may be made for the information to be
19
treated as confidential business information and not published: see
20
sections 113 and 114.
21
Part 5 Australian Inventory of Industrial Chemicals
Division 1 Simplified outline of this Part
Section 79
64
Industrial Chemicals Bill 2017
No. , 2017
Part 5--Australian Inventory of Industrial
1
Chemicals
2
Division 1--Simplified outline of this Part
3
79 Simplified outline of this Part
4
Industrial chemicals that are listed on the Australian Inventory of
5
Industrial Chemicals can be introduced by any registered
6
introducer. The introducer must comply with the terms of the
7
listing.
8
Industrial chemicals for which an assessment certificate has been
9
in force for 5 years are generally listed on the Inventory.
10
A holder of an assessment certificate can apply for early listing and
11
industrial chemicals can be listed in limited other circumstances.
12
The terms of an Inventory listing can be varied or a listing can be
13
removed following an evaluation by the Executive Director.
14
A person can also apply for variations to the terms of Inventory
15
listings.
16
Australian Inventory of Industrial Chemicals Part 5
Establishment and contents of Inventory Division 2
Section 80
No. , 2017
Industrial Chemicals Bill 2017
65
Division 2--Establishment and contents of Inventory
1
80 Establishment of the Inventory
2
(1) The Executive Director must establish and keep an inventory of
3
industrial chemicals to be called the Australian Inventory of
4
Industrial Chemicals.
5
(2) Subject to Subdivisions A and B of Division 4 of Part 6, the terms
6
of the Inventory listing for each industrial chemical that is listed on
7
the Inventory must be made publicly available on the AICIS
8
website.
9
Note:
Subdivisions A and B of Division 4 of Part 6 deal with approvals for
10
information to be treated as confidential business information and not
11
published.
12
(3) The Inventory is not a legislative instrument.
13
81 Contents of the Inventory
14
(1) The Inventory must include the following (the terms of the
15
Inventory listing) for each industrial chemical that is included on
16
the Inventory:
17
(a) the CAS name and CAS number for the industrial chemical;
18
(b) the molecular formula for the industrial chemical (if defined);
19
(c) any defined scope of assessment for the industrial chemical;
20
(d) any conditions relating to the introduction or use of the
21
industrial chemical;
22
(e) any specific requirements to provide information to the
23
Executive Director in relation to the introduction of the
24
industrial chemical;
25
(f) any other information relating to the industrial chemical that
26
is prescribed by the rules for the purposes of this paragraph.
27
Note:
If an application to treat the proper name for the industrial chemical as
28
confidential business information has been approved, the Executive
29
Director must publish an AACN instead of the CAS name, CAS
30
number and molecular formula if prescribed circumstances apply: see
31
section 109.
32
Part 5 Australian Inventory of Industrial Chemicals
Division 2 Establishment and contents of Inventory
Section 81
66
Industrial Chemicals Bill 2017
No. , 2017
(2) For the purposes of paragraph (1)(d), the conditions must be any of
1
the following kinds:
2
(a) a condition on the volume of industrial chemical permitted to
3
be introduced;
4
(b) a condition on where the industrial chemical is permitted to
5
be introduced or used;
6
(c) a condition of a kind prescribed by the rules for the purposes
7
of this paragraph.
8
Note:
Penalties may apply if a person fails to comply with the terms of an
9
Inventory listing when introducing an industrial chemical: see
10
sections 24 and 25.
11
(3) The Inventory listing for an industrial chemical must also include
12
the website address where each assessment statement (if any) or
13
evaluation statement (if any) that has been published for the
14
industrial chemical can be accessed.
15
Australian Inventory of Industrial Chemicals Part 5
Inclusion of industrial chemicals on Inventory Division 3
Section 82
No. , 2017
Industrial Chemicals Bill 2017
67
Division 3--Inclusion of industrial chemicals on Inventory
1
82 Listing on Inventory after 5 years
2
(1) Subject to subsection (4), the Executive Director must list an
3
industrial chemical on the Inventory if:
4
(a) the industrial chemical is not listed on the Inventory; and
5
(b) an assessment certificate has been issued for the industrial
6
chemical; and
7
(c) the assessment certificate remains in force; and
8
(d) 5 years have passed since the assessment certificate was
9
issued.
10
Note:
If the industrial chemical has previously been listed on the Inventory,
11
the Inventory listing must be varied in relation to any other assessment
12
certificate for the industrial chemical that meets the requirements in
13
paragraphs (b), (c) and (d): see section 87.
14
(2) Before listing the industrial chemical on the Inventory, the
15
Executive Director must:
16
(a) give each holder of the assessment certificate written notice
17
of the proposed listing; and
18
(b) give notice as mentioned in subsection 110(2) to any
19
confidence holders for an approval for the proper name or
20
end use for the industrial chemical to be treated as
21
confidential business information; and
22
(c) if an application is made under subsection 111(1) by any of
23
those confidence holders--ensure that either:
24
(i) a decision has been made on that application and, if the
25
decision is to revoke the approval, that the requirements
26
of subsection 111(10) have been met; or
27
(ii) the approval has been taken to be revoked under
28
subsection 111(11); and
29
(d) if no application is made under subsection 111(1) by any of
30
those confidence holders--ensure that the approval has been
31
taken to be revoked under subsection 111(11).
32
(3) If the Executive Director lists an industrial chemical on the
33
Inventory under subsection (1), the Executive Director must:
34
Part 5 Australian Inventory of Industrial Chemicals
Division 3 Inclusion of industrial chemicals on Inventory
Section 83
68
Industrial Chemicals Bill 2017
No. , 2017
(a) publish on the AICIS website a notice containing the
1
following:
2
(i) the terms of the listing;
3
(ii) the reason why the industrial chemical was listed;
4
(iii) the day the industrial chemical was listed; and
5
(b) do so within 20 working days after the day the industrial
6
chemical is listed.
7
(4) If, after the Executive Director does the things mentioned in
8
subsection (2), the assessment certificate is no longer in force, the
9
Executive Director must not list the industrial chemical on the
10
Inventory.
11
83 Listing on Inventory before 5 years
12
(1) The holder of an assessment certificate for an industrial chemical
13
may apply to the Executive Director for the industrial chemical to
14
be listed on the Inventory, if:
15
(a) the industrial chemical is not listed on the Inventory; and
16
(b) the assessment certificate remains in force; and
17
(c) the assessment certificate does not include a condition of a
18
kind mentioned in paragraph 38(2)(c) (which deals with the
19
period for which an industrial chemical is permitted to be
20
introduced); and
21
(d) 5 years have not yet passed since the assessment certificate
22
was issued.
23
Note:
For general requirements relating to applications: see section 167.
24
(2) Subject to subsection (5), the Executive Director must list the
25
industrial chemical on the Inventory if the Executive Director is
26
satisfied that the application complies with section 167.
27
(3) Before listing the industrial chemical on the Inventory, the
28
Executive Director must give a written notice in accordance with
29
subsection (4) to:
30
(a) if there are any other assessment certificates in force for the
31
industrial chemical--each holder of the other certificate; and
32
(b) if there are any confidence holders for an approval for the
33
proper name or end use for the industrial chemical to be
34
Australian Inventory of Industrial Chemicals Part 5
Inclusion of industrial chemicals on Inventory Division 3
Section 84
No. , 2017
Industrial Chemicals Bill 2017
69
treated as confidential business information--each such
1
confidence holder.
2
(4) The written notice must contain the following information:
3
(a) that an application has been made to list the industrial
4
chemical on the Inventory;
5
(b) that the person may object, in writing, to the Executive
6
Director listing the industrial chemical;
7
(c) that any objection must be given to the Executive Director
8
within the period specified in the notice, which must not be
9
less than 20 working days after the day the notice is given.
10
(5) However, if an objection is made within the period specified in the
11
notice mentioned in subsection (3), the Executive Director:
12
(a) must not list the industrial chemical on the Inventory under
13
subsection (2); and
14
(b) must notify the applicant that an objection has been made and
15
the industrial chemical will not be listed on the Inventory.
16
(6) If the Executive Director lists an industrial chemical on the
17
Inventory, the Executive Director must:
18
(a) publish on the AICIS website a notice containing the
19
following:
20
(i) the terms of the listing;
21
(ii) the reason why the industrial chemical was listed;
22
(iii) the day the industrial chemical was listed; and
23
(b) do so within 20 working days after the day the industrial
24
chemical is listed.
25
84 Listing on Inventory in other circumstances
26
Previously regulated chemical
27
(1) The Executive Director may list an industrial chemical on the
28
Inventory if:
29
(a) the industrial chemical was previously regulated under
30
another law of the Commonwealth; and
31
(b) the Executive Director has:
32
Part 5 Australian Inventory of Industrial Chemicals
Division 3 Inclusion of industrial chemicals on Inventory
Section 84
70
Industrial Chemicals Bill 2017
No. , 2017
(i) completed an evaluation under Part 4 relating to the
1
introduction of the industrial chemical; and
2
(ii) concluded, as part of that evaluation, that the risks to
3
human health and the environment from the
4
introduction and use of the industrial chemical can be
5
managed; and
6
(c) there is no assessment certificate in force for the industrial
7
chemical; and
8
(d) the industrial chemical is currently in use in Australia.
9
Misidentified chemicals
10
(2) The Executive Director may list an industrial chemical on the
11
Inventory if:
12
(a) all of the following apply:
13
(i) the Executive Director has completed an evaluation
14
under Part 4 relating to the introduction of the industrial
15
chemical;
16
(ii) public consultation was conducted as part of that
17
evaluation;
18
(iii) the Executive Director concluded, as part of that
19
evaluation, that the industrial chemical should have
20
been listed on the Inventory instead of a listed industrial
21
chemical that was misidentified; and
22
(b) there is no assessment certificate in force for the industrial
23
chemical.
24
Note:
The Executive Director may also remove the misidentified industrial
25
chemical: see section 95.
26
Notice of listing
27
(3) Before listing an industrial chemical under subsection (1) or (2),
28
the Executive Director must:
29
(a) publish on the AICIS website a notice containing the
30
following:
31
(i) the proposed terms of the listing;
32
(ii) the reasons why the industrial chemical is proposed to
33
be listed;
34
Australian Inventory of Industrial Chemicals Part 5
Inclusion of industrial chemicals on Inventory Division 3
Section 84
No. , 2017
Industrial Chemicals Bill 2017
71
(iii) the day the industrial chemical is proposed to be listed;
1
and
2
(b) do so at least 20 working days before the day mentioned in
3
subparagraph (a)(iii).
4
Part 5 Australian Inventory of Industrial Chemicals
Division 4 Varying the Inventory
Section 85
72
Industrial Chemicals Bill 2017
No. , 2017
Division 4--Varying the Inventory
1
Subdivision A--Variation on Executive Director's initiative
2
and variation relating to subsequent assessment
3
certificates
4
85 Minor variations
5
(1) The Executive Director may vary a term of the Inventory listing for
6
an industrial chemical if the Executive Director is satisfied,
7
whether on application under this subsection or otherwise:
8
(a) that:
9
(i) there is an error or defect in the listing; or
10
(ii) the listing is incomplete, or additional information
11
should be included in the listing; and
12
(b) the variation has no regulatory impact.
13
Note:
For general requirements relating to applications: see section 167.
14
(2) If the Executive Director varies a term of the Inventory listing for
15
an industrial chemical under subsection (1), the Executive Director
16
must:
17
(a) publish on the AICIS website a notice containing the
18
following:
19
(i) the terms of the listing as varied;
20
(ii) the reason why the listing was varied;
21
(iii) the day the listing was varied; and
22
(b) do so within 20 working days after the day the listing is
23
varied.
24
86 Variations following an evaluation by the Executive Director
25
(1) The Executive Director may vary a term of the Inventory listing for
26
an industrial chemical if:
27
(a) the Executive Director has conducted an evaluation under
28
Part 4 relating to the introduction of the industrial chemical;
29
and
30
Australian Inventory of Industrial Chemicals Part 5
Varying the Inventory Division 4
Section 87
No. , 2017
Industrial Chemicals Bill 2017
73
(b) public consultation was conducted as part of that evaluation;
1
and
2
(c) the Executive Director concluded as part of that evaluation
3
that a variation to the listing is necessary to manage the risks
4
to human health or the environment from the introduction or
5
use of the industrial chemical.
6
(2) Before varying a term of the Inventory listing for the industrial
7
chemical under subsection (1), the Executive Director must:
8
(a) publish on the AICIS website a notice containing the
9
following:
10
(i) the terms of the listing as varied;
11
(ii) the reason why the listing is to be varied;
12
(iii) the day the listing is proposed to be varied; and
13
(b) do so at least 20 working days before the day mentioned in
14
subparagraph (a)(iii).
15
87 Variations relating to subsequent assessment certificates
16
(1) This section applies if:
17
(a) an industrial chemical was listed on the Inventory under
18
section 82 or 83 in relation to an assessment certificate; and
19
(b) another assessment certificate is in force for the industrial
20
chemical; and
21
(c) either:
22
(i) 5 years have passed since the other assessment
23
certificate was issued; or
24
(ii) a holder of the other assessment certificate has applied
25
under this subparagraph to the Executive Director for a
26
variation to the listing.
27
Note:
For general requirements relating to applications: see section 167.
28
(2) The Executive Director may vary a term of the Inventory listing for
29
the industrial chemical to incorporate the terms of the other
30
assessment certificate.
31
Part 5 Australian Inventory of Industrial Chemicals
Division 4 Varying the Inventory
Section 88
74
Industrial Chemicals Bill 2017
No. , 2017
(3) Before varying a term of the Inventory listing for the industrial
1
chemical, the Executive Director must give written notice of the
2
proposed variation to:
3
(a) each holder of the other assessment certificate; and
4
(b) any other person prescribed by the rules for the purposes of
5
this paragraph.
6
(4) A notice under subsection (3) must contain the following:
7
(a) the terms of the listing as varied;
8
(b) the reason why the listing is to be varied;
9
(c) the day the listing is proposed to be varied.
10
(5) If the Executive Director varies a term of the Inventory listing for
11
an industrial chemical under subsection (1), the Executive Director
12
must:
13
(a) publish on the AICIS website a notice containing the
14
following:
15
(i) the terms of the listing as varied;
16
(ii) the reason why the listing was varied; and
17
(iii) the day the listing was varied; and
18
(b) do so within 20 working days after the day the listing is
19
varied.
20
(6) To avoid doubt, a single notice under this section may cover more
21
than one term of an Inventory listing.
22
Subdivision B--Variation on application
23
88 Applying for variation of listing
24
A person may apply to the Executive Director to vary a term of the
25
Inventory listing for an industrial chemical.
26
Note 1:
For general requirements relating to applications: see section 167.
27
Note 2:
If the variation relates to an assessment certificate that is in force for
28
the industrial chemical, a person can apply under
29
subparagraph 87(1)(c)(ii).
30
Australian Inventory of Industrial Chemicals Part 5
Varying the Inventory Division 4
Section 89
No. , 2017
Industrial Chemicals Bill 2017
75
89 Executive Director must consider application
1
(1) The Executive Director must consider the application in
2
accordance with this Subdivision.
3
(2) A decision on the application must be made under subsection 93(1)
4
within the following period (the consideration period) after the
5
day the application is made:
6
(a) unless paragraph (b) or (c) applies--70 working days;
7
(b) unless paragraph (c) applies--if the rules prescribe a number
8
of working days for that type of application, that number of
9
working days;
10
(c) if the Executive Director and each applicant agree to a
11
number of working days--that number of working days.
12
(3) In considering the application, the Executive Director must have
13
regard to the following:
14
(a) any risks to human health or the environment associated with
15
the proposed variation to the terms of the listing;
16
(b) any further information provided in accordance with
17
section 90 or subsection 167(4);
18
(c) any advice given by a prescribed body in accordance with
19
section 91;
20
(d) any advice given by the Gene Technology Regulator in
21
accordance with section 92.
22
90 Executive Director may request further information
23
(1) The Executive Director may, by written notice given to an
24
applicant, request further information to be provided for the
25
purposes of considering the application.
26
(2) The information must be given within the period specified in the
27
notice, which must not be less than 20 working days after the day
28
the notice is given.
29
(3) If the requested information is not provided within the period
30
mentioned in subsection (2), the Executive Director may take the
31
application to be withdrawn.
32
Part 5 Australian Inventory of Industrial Chemicals
Division 4 Varying the Inventory
Section 91
76
Industrial Chemicals Bill 2017
No. , 2017
91 Consultation with prescribed bodies
1
(1) The Executive Director must, by written notice, seek the advice of
2
a body prescribed by the rules for the purposes of this subsection if
3
the Executive Director is considering doing any of the following:
4
(a) including, removing or varying a condition of a kind
5
mentioned in subsection 81(2) on the basis that the inclusion,
6
removal or variation is necessary to manage risks to human
7
health or the environment;
8
(b) not varying a term of the Inventory listing under
9
paragraph 93(1)(b) on the basis that the Executive Director is
10
not satisfied that the risks to human health or the
11
environment associated with the variation can be managed.
12
(2) In considering an application, the Executive Director may, by
13
written notice, seek the advice of a body prescribed by the rules for
14
the purposes of this subsection.
15
(3) The body may provide a response to the Executive Director.
16
(4) The response must be given within the period specified in the
17
notice, which must not be less than 20 working days after the day
18
the notice is given.
19
92 Consultation with Gene Technology Regulator
20
(1) The Executive Director must, by written notice, seek the advice of
21
the Gene Technology Regulator if the application relates to an
22
industrial chemical that is a GM product or contains a GM product.
23
(2) The Gene Technology Regulator may provide a response to the
24
Executive Director.
25
(3) The response must be given within the period specified in the
26
notice, which must not be less than 20 working days after the day
27
the notice is given.
28
93 Decision on application
29
(1) After considering the application, the Executive Director must
30
decide to:
31
Australian Inventory of Industrial Chemicals Part 5
Varying the Inventory Division 4
Section 93
No. , 2017
Industrial Chemicals Bill 2017
77
(a) vary the term of the Inventory listing; or
1
(b) not vary the term of the Inventory listing.
2
(2) The Executive Director must be satisfied that any risks to human
3
health or the environment can be managed before deciding to vary
4
the term of the Inventory listing.
5
(3) The Executive Director must not vary the term of the Inventory
6
listing if the Executive Director:
7
(a) is not satisfied that any risks to human health or the
8
environment associated with the variation can be managed;
9
or
10
(b) is satisfied that making the variation would result in a
11
reduction in the scope of industrial chemical introductions
12
authorised by the listing.
13
(4) The Executive Director must give written notice of the decision
14
and the assessment statement to each applicant.
15
(5) The Executive Director must publish the assessment statement on
16
the AICIS website.
17
(6) If the Executive Director varies the term of the Inventory listing for
18
an industrial chemical, the Executive Director must:
19
(a) publish on the AICIS website a notice containing the
20
following:
21
(i) the terms of the listing as varied;
22
(ii) the reason why the listing was varied;
23
(iii) the day the listing was varied; and
24
(b) do so within 20 working days after the day the listing was
25
varied.
26
(7) To avoid doubt, a single notice under this section may cover more
27
than one term of an Inventory listing.
28
Part 5 Australian Inventory of Industrial Chemicals
Division 4 Varying the Inventory
Section 94
78
Industrial Chemicals Bill 2017
No. , 2017
Subdivision C--Variation following revocation of confidential
1
business information approval
2
94 Variation following revocation of confidential business
3
information approval
4
(1) The Executive Director may vary a term of the Inventory listing for
5
an industrial chemical if:
6
(a) there is an approval for the proper name or end use for an
7
industrial chemical to be treated as confidential business
8
information under section 108 that relates to the listing; and
9
(b) the Executive Director decides to revoke the approval under
10
paragraph 111(8)(a).
11
(2) Before varying a term of the Inventory listing for the industrial
12
chemical, the Executive Director must ensure the requirements
13
mentioned in subsection 111(10) have been satisfied.
14
(3) If the Executive Director varies a term of the Inventory listing for
15
an industrial chemical under subsection (1), the Executive Director
16
must:
17
(a) publish on the AICIS website a notice containing the
18
following:
19
(i) the terms of the listing as varied;
20
(ii) the reason why the listing was varied;
21
(iii) the day the listing was varied; and
22
(b) do so within 20 working days after the day the listing was
23
varied.
24
Subdivision D--Removing listed industrial chemicals
25
95 Removing listed industrial chemicals
26
(1) The Executive Director may remove the Inventory listing for an
27
industrial chemical if:
28
(a) the Executive Director has conducted an evaluation under
29
Part 4 in relation to the introduction of the industrial
30
chemical; and
31
Australian Inventory of Industrial Chemicals Part 5
Varying the Inventory Division 4
Section 95
No. , 2017
Industrial Chemicals Bill 2017
79
(b) public consultation was conducted as part of that evaluation;
1
and
2
(c) the Executive Director has concluded, as part of that
3
evaluation, that:
4
(i) the Executive Director is not satisfied that the risks to
5
human health or the environment from the introduction
6
or use of the industrial chemical can be managed; or
7
(ii) the industrial chemical has been wrongly listed on the
8
Inventory.
9
Note 1:
The Executive Director may conduct public consultation as part of an
10
evaluation under Part 4: see section 75.
11
Note 2:
The Executive Director may add another industrial chemical to the
12
Inventory instead of an industrial chemical that has been wrongly
13
listed: see subsection 84(2).
14
(2) Before removing the Inventory listing, the Executive Director
15
must:
16
(a) publish on the AICIS website a notice containing the
17
following:
18
(i) the reason why the listing is to be removed;
19
(ii) the day the listing is proposed to be removed; and
20
(b) do so at least 20 working days before the day mentioned in
21
subparagraph (a)(ii).
22
Part 6 Information, reporting and confidentiality
Division 1 Simplified outline of this Part
Section 96
80
Industrial Chemicals Bill 2017
No. , 2017
Part 6--Information, reporting and confidentiality
1
Division 1--Simplified outline of this Part
2
96 Simplified outline of this Part
3
There are reporting requirements for persons introducing industrial
4
chemicals. A one-off pre-introduction report must be given to the
5
Executive Director before a person starts introducing an industrial
6
chemical in the reported category.
7
Introducers must make an annual declaration to the Executive
8
Director relating to the introductions made during a registration
9
year and the category of those introductions.
10
There are reporting obligations on certain introducers to report
11
adverse effects. Specific information obligations can also be
12
required by an assessment certificate, commercial evaluation
13
authorisation, exceptional circumstances authorisation or Inventory
14
listing.
15
Introducers are required to keep records to support the
16
categorisation of industrial chemicals and the Executive Director
17
has the power to request that such information be provided to the
18
Executive Director.
19
This Part sets out the circumstances in which a person may apply
20
to have information treated as confidential business information
21
and protected from disclosure. It also sets out the public interest
22
test the Executive Director applies in these circumstances.
23
A person can apply as part of these arrangements to have an
24
AACN or generalised end use for an industrial chemical published
25
in lieu of the proper name or an end use for the industrial chemical.
26
This Part also sets out the limited circumstances under which
27
confidential business information can be disclosed.
28
Information, reporting and confidentiality Part 6
Reporting Division 2
Section 97
No. , 2017
Industrial Chemicals Bill 2017
81
Division 2--Reporting
1
97 Pre-introduction reports for reported introductions
2
(1) A person must give the Executive Director a report in accordance
3
with subsection (2) if:
4
(a) the person proposes to introduce an industrial chemical; and
5
(b) the proposed introduction would be a reported introduction.
6
Note:
A reported introduction is only authorised under section 27 if the
7
introduction is in accordance with the terms of the report. The terms of
8
a report can be amended if necessary: see section 98.
9
(2) The report must:
10
(a) be in the approved form; and
11
(b) contain the information prescribed by the rules for the
12
purposes of this paragraph for the type of reported
13
introduction; and
14
(c) be accompanied by any fee prescribed by the rules for the
15
purposes of this paragraph; and
16
(d) be given to the Executive Director before the person first
17
introduces the industrial chemical.
18
(3) Without limiting paragraph (2)(b), the information prescribed may
19
include (but is not limited to) the following:
20
(a) the proper name for the industrial chemical;
21
(b) the proposed end use for the industrial chemical;
22
(c) information the person had regard to in determining that the
23
proposed introduction would be a reported introduction.
24
(4) Despite paragraph (2)(d), if the report relates to a type of reported
25
introduction prescribed by the rules for the purposes of this
26
subsection, then:
27
(a) the information required to be contained in the report in
28
accordance with subsection (2) that is prescribed by the rules
29
for the purposes of this paragraph must be given to the
30
Executive Director before the person first introduces the
31
industrial chemical; and
32
Part 6 Information, reporting and confidentiality
Division 2 Reporting
Section 98
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Industrial Chemicals Bill 2017
No. , 2017
(b) all other information required to be contained in the report in
1
accordance with subsection (2) must be given to the
2
Executive Director within 12 months after the day the person
3
first introduces the industrial chemical.
4
(5) The Executive Director may publish information relating to
5
reported introductions on the AICIS website if the information is of
6
a kind prescribed by the rules for the purposes of this subsection.
7
98 Varying the terms of a pre-introduction report
8
(1) A person who gives a pre-introduction report to the Executive
9
Director under section 97 may notify the Executive Director, in
10
writing, of any variations to the pre-introduction report.
11
(2) The Executive Director must make any changes to the
12
pre-introduction report that are notified under subsection (1).
13
99 Annual declaration for all introduction categories
14
(1) A person contravenes this subsection if:
15
(a) the person introduces an industrial chemical during a
16
registration year; and
17
(b) the person does not make the declaration mentioned in
18
subsection (2) within 4 months after the start of the last
19
month of that registration year.
20
(2) The declaration must:
21
(a) be in the approved form; and
22
(b) contain the information prescribed by the rules for the
23
purposes of this paragraph.
24
(3) Without limiting paragraph (2)(b), the information prescribed may
25
include information about the categories of introductions of
26
industrial chemicals made by the person during the year.
27
Fault-based offence
28
(4) A person commits an offence if the person contravenes
29
subsection (1).
30
Information, reporting and confidentiality Part 6
Reporting Division 2
Section 100
No. , 2017
Industrial Chemicals Bill 2017
83
Penalty: 300 penalty units.
1
Strict liability offence
2
(5) A person commits an offence of strict liability if the person
3
contravenes subsection (1).
4
Penalty: 60 penalty units.
5
Civil penalty provision
6
(6) A person is liable to a civil penalty if the person contravenes
7
subsection (1).
8
Civil penalty:
300 penalty units.
9
100 Obligation to report information about hazards
10
(1) This section applies to:
11
(a) a person who holds, or is covered by, an assessment
12
certificate for the introduction of an industrial chemical; or
13
(b) a person who has introduced an industrial chemical within
14
the previous 12 months:
15
(i) for which there is an Inventory listing; and
16
(ii) for which there is an assessment statement or evaluation
17
statement.
18
(2) The person contravenes this subsection if:
19
(a) information becomes available to the person after the most
20
recent assessment statement or evaluation statement for the
21
introduction of the industrial chemical has been published;
22
and
23
(b) the information is about:
24
(i) a hazard to human health or the environment from the
25
introduction or use of the industrial chemical that is not
26
identified in the most recent assessment statement or
27
evaluation statement for the industrial chemical; or
28
(ii) a hazard to human health or the environment that is
29
identified in the most recent assessment statement or
30
Part 6 Information, reporting and confidentiality
Division 2 Reporting
Section 101
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Industrial Chemicals Bill 2017
No. , 2017
evaluation statement for the industrial chemical and
1
indicates an increase in the severity of the hazard; and
2
(c) the person does not make the information available to the
3
Executive Director within 20 working days after the day the
4
information becomes available to the person.
5
Fault-based offence
6
(3) A person commits an offence if the person contravenes
7
subsection (2).
8
Penalty: 300 penalty units.
9
Strict liability offence
10
(4) A person commits an offence of strict liability if the person
11
contravenes subsection (2).
12
Penalty: 60 penalty units.
13
Civil penalty provision
14
(5) A person is liable to a civil penalty if the person contravenes
15
subsection (2).
16
Civil penalty:
300 penalty units.
17
101 Specific obligations to provide information
18
Assessment certificates
19
(1) A person contravenes this subsection if:
20
(a) the person is the holder of, or is covered by, an assessment
21
certificate for the introduction of an industrial chemical; and
22
(b) the assessment certificate includes a specific requirement to
23
provide information to the Executive Director as mentioned
24
in paragraph 38(1)(d); and
25
(c) the information is not given to the Executive Director in
26
accordance with the terms of the assessment certificate.
27
Information, reporting and confidentiality Part 6
Reporting Division 2
Section 101
No. , 2017
Industrial Chemicals Bill 2017
85
Commercial evaluation or exceptional circumstances
1
authorisations
2
(2) A person contravenes this subsection if:
3
(a) the person is the holder of a commercial evaluation
4
authorisation or an exceptional circumstances authorisation
5
for the introduction of an industrial chemical; and
6
(b) the authorisation includes a specific requirement to provide
7
information to the Executive Director as mentioned in
8
paragraph 59(1)(f) or 67(3)(e) (as the case requires); and
9
(c) the information is not given to the Executive Director in
10
accordance with the terms of the authorisation.
11
Inventory listings
12
(3) A person contravenes this subsection if:
13
(a) the person introduces an industrial chemical that is listed on
14
the Inventory; and
15
(b) the terms of the Inventory listing for that industrial chemical
16
include a specific requirement to provide information to the
17
Executive Director as mentioned in paragraph 81(1)(e); and
18
(c) the information is not given to the Executive Director in
19
accordance with the terms of the Inventory listing.
20
Fault-based offence
21
(4) A person commits an offence if the person contravenes
22
subsection (1), (2) or (3).
23
Penalty: 300 penalty units.
24
Strict liability offence
25
(5) A person commits an offence of strict liability if the person
26
contravenes subsection (1), (2) or (3).
27
Penalty: 60 penalty units.
28
Part 6 Information, reporting and confidentiality
Division 2 Reporting
Section 101
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No. , 2017
Civil penalty provision
1
(6) A person is liable to a civil penalty if the person contravenes
2
subsection (1), (2) or (3).
3
Civil penalty:
300 penalty units.
4
Information, reporting and confidentiality Part 6
Record keeping and information gathering Division 3
Section 102
No. , 2017
Industrial Chemicals Bill 2017
87
Division 3--Record keeping and information gathering
1
102 Information required to demonstrate categorisation
2
(1) A person contravenes this subsection if:
3
(a) the person introduces an industrial chemical during a
4
registration year; and
5
(b) the rules prescribe a requirement for the purposes of this
6
paragraph relating to information that a person must have
7
regard to in determining the category of the introduction; and
8
(c) the requirement is not complied with.
9
(2) A person contravenes this subsection if:
10
(a) the Executive Director requests, by written notice, the person
11
to provide information mentioned in paragraph (1)(b); and
12
(b) the person does not provide the information to the Executive
13
Director within 20 working days after the day the request is
14
given.
15
(3) Without limiting paragraph (1)(b), the rules may prescribe different
16
requirements for different categories of introduction.
17
Fault-based offence
18
(4) A person commits an offence if the person contravenes
19
subsection (1) or (2).
20
Penalty: 300 penalty units.
21
Strict liability offence
22
(5) A person commits an offence of strict liability if the person
23
contravenes subsection (1) or (2).
24
Penalty: 60 penalty units.
25
Civil penalty provision
26
(6) A person is liable to a civil penalty if the person contravenes
27
subsection (1) or (2).
28
Part 6 Information, reporting and confidentiality
Division 3 Record keeping and information gathering
Section 103
88
Industrial Chemicals Bill 2017
No. , 2017
Civil penalty:
300 penalty units.
1
103 Ban on animal test data for determining category for cosmetics
2
(1) Without limiting paragraph 102(1)(b), if an industrial chemical is
3
to be introduced for an end use solely in cosmetics, rules made for
4
the purposes of that paragraph may include the requirement
5
mentioned in subsection (2).
6
(2) The requirement is that, when determining the category of
7
introduction for such an industrial chemical, a person must not use
8
animal test data obtained from tests conducted on or after 1 July
9
2018 in circumstances prescribed by the rules.
10
104 Record keeping for all categories
11
(1) A person contravenes this subsection if:
12
(a) the person introduces an industrial chemical during a
13
registration year; and
14
(b) the person does not comply with subsection (2), (3) or (4).
15
(2) The person must keep records relating to the introduction of
16
industrial chemicals in that registration year by the person:
17
(a) that are necessary to demonstrate the following:
18
(i) each industrial chemical that the person introduced
19
during the year;
20
(ii) the category of each of those introductions;
21
(iii) the basis on which the person determined the category
22
of the introduction;
23
(iv) the amount of registration charge payable by the person;
24
or
25
(b) that are of a kind prescribed by the rules for the purposes of
26
this paragraph.
27
(3) The person must retain the records for 5 years beginning
28
immediately after the end of the registration year.
29
(4) If the Executive Director requires, by written notice, the person to
30
provide information required to be kept for the purposes of
31
subsection (2), the person must provide the information to the
32
Information, reporting and confidentiality Part 6
Record keeping and information gathering Division 3
Section 104
No. , 2017
Industrial Chemicals Bill 2017
89
Executive Director within 20 working days after the day the notice
1
is given.
2
Fault-based offence
3
(5) A person commits an offence if the person contravenes
4
subsection (1).
5
Penalty: 300 penalty units.
6
Strict liability offence
7
(6) A person commits an offence of strict liability if the person
8
contravenes subsection (1).
9
Penalty: 60 penalty units.
10
Civil penalty provision
11
(7) A person is liable to a civil penalty if the person contravenes
12
subsection (1).
13
Civil penalty:
300 penalty units.
14
Part 6 Information, reporting and confidentiality
Division 4 Confidentiality and disclosure
Section 105
90
Industrial Chemicals Bill 2017
No. , 2017
Division 4--Confidentiality and disclosure
1
Subdivision A--Confidentiality of proper name or end use in
2
certain circumstances
3
105 Applying for protection
4
(1) A person may apply to the Executive Director, in the following
5
circumstances, for the proper name for an industrial chemical to be
6
treated as confidential business information:
7
(a) in relation to an application under section 31 for an
8
assessment certificate for the industrial chemical;
9
(b) in relation to an application under section 53 for a
10
commercial evaluation authorisation for the industrial
11
chemical;
12
(c) in relation to a pre-introduction report for the industrial
13
chemical under section 97 that contains information that may
14
be published as mentioned in subsection 97(5);
15
(d) any other circumstances prescribed by the rules for the
16
purposes of this paragraph.
17
Note:
For general requirements relating to applications: see section 167.
18
.
(2) A person may apply to the Executive Director, in the following
19
circumstances, for an end use of an industrial chemical to be
20
treated as confidential business information:
21
(a) in relation to an application under section 31 for an
22
assessment certificate for the industrial chemical;
23
(b) in relation to an application under section 43 to vary the end
24
use specified in an assessment certificate for the industrial
25
chemical;
26
(c) in relation to an application under section 53 for a
27
commercial evaluation authorisation for the industrial
28
chemical;
29
(d) in relation to an application under section 88 to vary the end
30
use specified in the Inventory listing for the industrial
31
chemical;
32
Information, reporting and confidentiality Part 6
Confidentiality and disclosure Division 4
Section 106
No. , 2017
Industrial Chemicals Bill 2017
91
(e) in relation to a pre-introduction report for the industrial
1
chemical under section 97 that contains information that may
2
be published as mentioned in subsection 97(5);
3
(f) any other circumstances prescribed by the rules for the
4
purposes of this paragraph.
5
(3) A joint application under subsection (1) or (2) may be made by 2
6
or more persons.
7
(4) An application under subsection (1) or (2) must be given to the
8
Executive Director:
9
(a) at the same time as the related application or pre-introduction
10
report mentioned in subsection (1) or (2) is given; or
11
(b) if circumstances prescribed by the rules for the purposes of
12
this paragraph apply--at such other time prescribed by the
13
rules for those circumstances.
14
(5) In considering an application under subsection (1) or (2), the
15
Executive Director must have regard to:
16
(a) whether publication or disclosure of the proper name or end
17
use (as the case requires) for the industrial chemical could
18
reasonably be expected to substantially prejudice the
19
commercial interests of an applicant; and
20
(b) whether the prejudice outweighs the public interest in the
21
publication of the proper name or end use (as the case
22
requires) for the industrial chemical; and
23
(c) any further information provided in accordance with
24
section 106 or subsection 167(4); and
25
(d) any advice given by a prescribed body in accordance with
26
section 107.
27
106 Executive Director may request further information
28
(1) The Executive Director may, by written notice given to an
29
applicant, request further information to be provided for the
30
purposes of considering the application.
31
(2) The information must be given within the period specified in the
32
notice, which must not be less than 20 working days after the day
33
the notice is given.
34
Part 6 Information, reporting and confidentiality
Division 4 Confidentiality and disclosure
Section 107
92
Industrial Chemicals Bill 2017
No. , 2017
(3) If the requested information is not provided within the period
1
mentioned in subsection (2), the Executive Director may take the
2
application to be withdrawn.
3
107 Consultation with prescribed bodies
4
(1) In considering the application, the Executive Director may, by
5
written notice, seek the advice of a body prescribed by the rules for
6
the purposes of this subsection.
7
(2) The body may provide a response to the Executive Director.
8
(3) The response must be given within the period specified in the
9
notice, which must not be less than 20 working days after the day
10
the notice is given.
11
108 Decision on application
12
(1) After considering the application, the Executive Director must
13
decide to:
14
(a) approve the application; or
15
(b) not approve the application.
16
(2) The Executive Director must give written notice of the decision to
17
each applicant.
18
(3) If the decision is to approve an application to treat the proper name
19
for an industrial chemical as confidential business information, the
20
notice must include the following:
21
(a) the AACN determined by the Executive Director for the
22
industrial chemical;
23
(b) the circumstances in which the AACN will be published in
24
lieu of the proper name (including the CAS name, CAS
25
number or molecular formula for the industrial chemical).
26
Note:
The rules may prescribe circumstances in which an AACN must be
27
published instead of the proper name for an industrial chemical: see
28
subsection 109(1).
29
(4) If the decision is to approve an application to treat the end use for
30
an industrial chemical as confidential business information, the
31
notice must include the following:
32
Information, reporting and confidentiality Part 6
Confidentiality and disclosure Division 4
Section 109
No. , 2017
Industrial Chemicals Bill 2017
93
(a) the generalised end use determined by the Executive Director
1
for the industrial chemical;
2
(b) the circumstances in which the generalised end use will be
3
published in lieu of the end use for the industrial chemical.
4
Note:
The rules may prescribe circumstances in which a generalised end use
5
must be published instead of the end use for an industrial chemical:
6
see subsection 109(2).
7
(5) If the decision is to not approve the application, the Executive
8
Director must not publish the proper name or end use (as the case
9
requires) for the industrial chemical unless the reconsideration and
10
review rights under section 166 in relation to the decision have
11
been exhausted or have expired.
12
(6) A notice including an AACN determined under paragraph (3)(a),
13
or a generalised end use determined under paragraph (4)(a), is not a
14
legislative instrument.
15
109 When an AACN or generalised end use must be used
16
(1) The Executive Director must, during the period mentioned in
17
subsection (3), publish an AACN for an industrial chemical in lieu
18
of the proper name (including the CAS name, CAS number or
19
molecular formula) for the industrial chemical if:
20
(a) the Executive Director approves an application made under
21
subsection 105(1) for the proper name for the industrial
22
chemical to be treated as confidential business information;
23
and
24
(b) circumstances prescribed by the rules for the purposes of this
25
paragraph apply.
26
(2) The Executive Director must, during the period mentioned in
27
subsection (3), publish a generalised end use for an industrial
28
chemical in lieu of the end use for an industrial chemical if:
29
(a) the Executive Director approves an application made under
30
subsection 105(2) for the end use for the industrial chemical
31
to be treated as confidential business information; and
32
(b) circumstances prescribed by the rules for the purposes of this
33
paragraph apply.
34
Part 6 Information, reporting and confidentiality
Division 4 Confidentiality and disclosure
Section 110
94
Industrial Chemicals Bill 2017
No. , 2017
(3) The period:
1
(a) begins on the day notice of the approval is given under
2
subsection 108(2); and
3
(b) ends on the day:
4
(i) notice of revocation of the approval is given under
5
subsection 111(9); or
6
(ii) the approval is taken to be revoked under
7
subsection 111(11).
8
(4) This section applies:
9
(a) subject to Subdivision C; and
10
(b) despite any other provision of this Act which requires the
11
proper name (including the CAS name, CAS number or
12
molecular formula) or end use (as the case requires) for the
13
industrial chemical to be published.
14
(5) To avoid doubt, nothing in this section is taken to change the terms
15
of an assessment certificate, a commercial evaluation authorisation,
16
an Inventory listing or a pre-introduction report.
17
110 Notice of review of protection
18
(1) This section applies if the Executive Director has approved an
19
application under subsection 108(1) for the proper name or end use
20
for an industrial chemical to be treated as confidential business
21
information and any of the following circumstances apply:
22
(a) 5 years have passed since notice of the approval was given
23
under subsection 108(2) and either:
24
(i) the Executive Director is proposing to list the industrial
25
chemical on the Inventory under section 82; or
26
(ii) the industrial chemical has been listed on the Inventory
27
under section 83;
28
(b) 5 years have passed since the Executive Director has
29
reviewed the approval under this section and given notice not
30
to revoke the approval under subsection 111(9);
31
(c) circumstances prescribed by the rules for the purposes of this
32
paragraph.
33
Information, reporting and confidentiality Part 6
Confidentiality and disclosure Division 4
Section 111
No. , 2017
Industrial Chemicals Bill 2017
95
(2) The Executive Director must give written notice to the following (a
1
confidence holder):
2
(a) each holder of the approval;
3
(b) if circumstances prescribed by the rules apply--each other
4
person prescribed by the rules for those circumstances.
5
(3) The notice must state that the approval will be revoked unless a
6
confidence holder makes an application under section 111.
7
111 Applying for continued protection
8
(1) A confidence holder mentioned in subsection 110(2) may make an
9
application to the Executive Director to continue the approval.
10
Note:
For general requirements relating to applications: see section 167.
11
(2) An application must be made within the period specified in the
12
notice under subsection 110(2), which must not be less than 20
13
working days after the day the notice is given.
14
(3) In considering the application, the Executive Director must have
15
regard to the following:
16
(a) whether publication of the proper name or end use (as the
17
case requires) for the industrial chemical could reasonably be
18
expected to substantially prejudice the commercial interests
19
of the applicant;
20
(b) whether the prejudice outweighs the public interest in the
21
publication of the proper name or end use (as the case
22
requires) for the industrial chemical;
23
(c) any further information provided in accordance with
24
subsection (7) of this section, or subsection 167(4);
25
(d) any advice given by a prescribed body in accordance with
26
subsection (7) of this section.
27
(4) The Executive Director may, by written notice given to an
28
applicant, request further information to be provided for the
29
purposes of considering the application.
30
(5) In considering the application, the Executive Director may, by
31
written notice, seek the advice of a body prescribed by the rules for
32
the purposes of this subsection.
33
Part 6 Information, reporting and confidentiality
Division 4 Confidentiality and disclosure
Section 112
96
Industrial Chemicals Bill 2017
No. , 2017
(6) The body may provide a response to the request.
1
(7) Information under subsection (4), or a response under
2
subsection (6), must be given within the period specified in the
3
notice, which must not be less than 20 working days after the day
4
the notice is given.
5
(8) After considering the application, the Executive Director must
6
decide to:
7
(a) revoke the approval; or
8
(b) not revoke the approval.
9
(9) The Executive Director must give written notice of the decision to
10
the following:
11
(a) the applicant;
12
(b) each confidence holder mentioned in subsection 110(2).
13
(10) If the decision is to revoke the approval, the Executive Director
14
must not publish the proper name (including the CAS name, CAS
15
number or molecular formula) or end use (as the case requires) for
16
the industrial chemical unless the reconsideration and review rights
17
under section 166 in relation to the decision have been exhausted
18
or have expired.
19
(11) If no application is made within the period specified in the notice
20
under subsection 110(2) the approval is taken to be revoked on the
21
day after the end of that period.
22
Note:
If the approval related to an industrial chemical for which there is an
23
Inventory listing, the Executive Director may vary the terms of the
24
Inventory listing to include the proper name or end use for the
25
industrial chemical: see section 94.
26
Subdivision B--Confidentiality of information in other
27
circumstances
28
112 Providing notice of intention to apply for protection
29
(1) A person who gives information to the Executive Director
30
(whether under a requirement under this Act or otherwise) in
31
Information, reporting and confidentiality Part 6
Confidentiality and disclosure Division 4
Section 113
No. , 2017
Industrial Chemicals Bill 2017
97
relation to an industrial chemical may give notice, in the approved
1
form, to the Executive Director:
2
(a) that the information is to be subject to this Subdivision; and
3
(b) nominating the person to whom the Executive Director must
4
give any notice under section 113 in relation to the
5
information.
6
(2) The notice must be given at the same time as the information is
7
given to the Executive Director.
8
(3) The Executive Director must not publish information for which
9
notice has been given under this section other than in accordance
10
with section 113 or 114.
11
113 Notice of intention to publish information must be given
12
(1) If the Executive Director proposes to publish the information, the
13
Executive Director must give written notice to the person
14
nominated in the notice under subsection 112(1).
15
(2) The person may apply to the Executive Director for the
16
information to be treated as confidential business information.
17
Note:
For general requirements relating to applications: see section 167.
18
(3) An application must be made within the period specified in the
19
notice under subsection (1), which must not be less than 20
20
working days after the day the notice is given.
21
(4) A joint application under subsection (2) may be made by 2 or more
22
persons.
23
(5) If no application is made within the period specified in the notice
24
under subsection (1), the Executive Director may publish the
25
information.
26
114 Decision on application
27
(1) In considering the application, the Executive Director must have
28
regard to:
29
Part 6 Information, reporting and confidentiality
Division 4 Confidentiality and disclosure
Section 115
98
Industrial Chemicals Bill 2017
No. , 2017
(a) whether publication of the information could reasonably be
1
expected to substantially prejudice the commercial interests
2
of an applicant; and
3
(b) whether the prejudice outweighs the public interest in the
4
publication of the information.
5
(2) After considering the application, the Executive Director must
6
decide to:
7
(a) approve the application; or
8
(b) not approve the application.
9
(3) The Executive Director must not approve an application to protect
10
any of the following information:
11
(a) information for which a person could apply for protection
12
under section 105;
13
(b) physical and chemical data about an industrial chemical that
14
does not reveal the industrial chemical's composition;
15
(c) summaries of data relating to risks to human health or the
16
environment from the introduction or use of the industrial
17
chemical.
18
(4) The Executive Director must give written notice of the decision to
19
each applicant.
20
(5) If the decision is to not approve the application, the Executive
21
Director must not publish the information unless the
22
reconsideration and review rights under section 166 in relation to
23
the decision have been exhausted or have expired.
24
Subdivision C--Disclosure of information
25
115 Disclosing information
26
(1) A person contravenes this subsection if:
27
(a) the person is, or has been, an entrusted person; and
28
(b) the person has obtained information in his or her capacity as
29
an entrusted person; and
30
(c) the information is protected information; and
31
(d) the person discloses the information to another person; and
32
Information, reporting and confidentiality Part 6
Confidentiality and disclosure Division 4
Section 115
No. , 2017
Industrial Chemicals Bill 2017
99
(e) the disclosure is not authorised by, or in compliance with a
1
requirement under:
2
(i) this Act or another law of the Commonwealth; or
3
(ii) a law of a State or Territory prescribed by the rules for
4
the purposes of this paragraph.
5
Entrusted person
6
(2) Each of the following is an entrusted person:
7
(a) the Executive Director;
8
(b) a person made available to assist the Executive Director
9
under section 153 or 154;
10
(c) the Secretary of the Department;
11
(d) an APS employee in the Department;
12
(e) any other person employed or engaged by the Department;
13
(f) a person employed, under section 13 or 20 of the Members of
14
Parliament (Staff) Act 1984, as a member of staff of the
15
Minister.
16
Protected information
17
(3) The following is protected information:
18
(a) the proper name or end use for an industrial chemical if an
19
application to treat the proper name or end use as confidential
20
business information is pending or has been approved under
21
paragraph 108(1)(a);
22
(b) information for which an application to treat the information
23
as confidential business information is pending or has been
24
approved under paragraph 114(2)(a);
25
(c) information for which notice has been given under
26
subsection 112(1) and either of the following apply:
27
(i) a notice is yet to be given under subsection 113(1) in
28
relation to the information;
29
(ii) if such a notice has been given, the period specified in
30
the notice for making an application under
31
subsection 113(2) has not expired.
32
Part 6 Information, reporting and confidentiality
Division 4 Confidentiality and disclosure
Section 116
100
Industrial Chemicals Bill 2017
No. , 2017
Fault-based offence
1
(4) A person commits an offence if the person contravenes
2
subsection (1).
3
Penalty: 300 penalty units.
4
Strict liability offence
5
(5) A person commits an offence of strict liability if the person
6
contravenes subsection (1).
7
Penalty: 60 penalty units.
8
Civil penalty provision
9
(6) A person is liable to a civil penalty if the person contravenes
10
subsection (1).
11
Civil penalty:
300 penalty units.
12
Implied freedom of political communication
13
(7) This section does not apply to the extent (if any) that it would
14
infringe any constitutional doctrine of implied freedom of political
15
communication.
16
116 Disclosure in the course of exercising powers, or performing
17
functions or duties
18
An entrusted person may disclose protected information if the
19
information is disclosed in the course of exercising powers, or
20
performing functions or duties, under this Act.
21
117 Disclosure to certain other entities
22
(1) The Executive Director may disclose protected information to any
23
of the entities mentioned in subsection (2) if the Executive Director
24
is satisfied that the protected information will assist the entity to
25
exercise its powers, or perform its functions or duties.
26
(2) The entities are the following:
27
Information, reporting and confidentiality Part 6
Confidentiality and disclosure Division 4
Section 117
No. , 2017
Industrial Chemicals Bill 2017
101
(a) a non-corporate Commonwealth entity;
1
(b) a State or Territory government, agency or authority
2
prescribed by the rules for the purposes of this paragraph;
3
(c) an international government, agency or authority prescribed
4
by the rules for the purposes of this paragraph.
5
(3) A person contravenes this subsection if:
6
(a) the person is, or has been, an official of an entity mentioned
7
in subsection (2); and
8
(b) protected information has been disclosed to the entity under
9
subsection (1); and
10
(c) the person has obtained the information in the person's
11
capacity as an official of that entity; and
12
(d) the person discloses the information other than for the
13
purpose of the entity exercising the powers, or performing
14
the functions or duties for which the information was
15
disclosed to the entity under subsection (1).
16
Fault-based offence
17
(4) A person commits an offence if the person contravenes
18
subsection (3).
19
Penalty: 300 penalty units.
20
Strict liability offence
21
(5) A person commits an offence of strict liability if the person
22
contravenes subsection (3).
23
Penalty: 60 penalty units.
24
Civil penalty provision
25
(6) A person is liable to a civil penalty if the person contravenes
26
subsection (3).
27
Civil penalty:
300 penalty units.
28
Part 6 Information, reporting and confidentiality
Division 4 Confidentiality and disclosure
Section 118
102
Industrial Chemicals Bill 2017
No. , 2017
118 Disclosure with consent
1
An entrusted person may disclose protected information that relates
2
to the affairs of a person if:
3
(a) the person has consented to the disclosure; and
4
(b) the disclosure is in accordance with that consent.
5
119 Disclosure of publicly available information
6
An entrusted person may disclose protected information if the
7
information has already been lawfully made available to the public.
8
120 Disclosure to a bona fide introducer
9
(1) An entrusted person may disclose protected information to a
10
person to whom subsection (2) applies.
11
(2) This subsection applies to a person if the person requests the
12
Executive Director, in writing, to disclose protected information
13
relating to an industrial chemical to the person in circumstances
14
where:
15
(a) the industrial chemical is listed on the Inventory; and
16
(b) the Executive Director is satisfied that:
17
(i) the person intends to introduce the industrial chemical;
18
and
19
(ii) the disclosure is necessary for the safe introduction and
20
use of the industrial chemical.
21
121 Disclosure to person to whom protected information relates
22
An entrusted person may disclose protected information to the
23
person to whom the protected information relates.
24
122 Disclosure to person from whom protected information was
25
obtained
26
An entrusted person may disclose protected information to the
27
person from whom the information was obtained.
28
Information, reporting and confidentiality Part 6
Confidentiality and disclosure Division 4
Section 123
No. , 2017
Industrial Chemicals Bill 2017
103
123 Disclosure to a Court, tribunal etc.
1
An entrusted person may disclose protected information, or a
2
document containing protected information:
3
(a) for the purposes of proceedings before:
4
(i) a court; or
5
(ii) a tribunal, authority or person that has the power to
6
require the answering of questions or the production of
7
documents; or
8
(b) in accordance with an order of:
9
(i) a court; or
10
(ii) a tribunal, authority or person that has the power to
11
require the answering of questions or the production of
12
documents.
13
124 Disclosure for the purposes of law enforcement
14
(1) The Executive Director may disclose protected information to an
15
agency referred to in subsection (2) if:
16
(a) the Executive Director reasonably believes that the disclosure
17
of the information is necessary for:
18
(i) the enforcement of the criminal law; or
19
(ii) the enforcement of a law imposing a pecuniary penalty;
20
or
21
(iii) the protection of the public revenue; and
22
(b) the protected information is disclosed for the purposes of that
23
enforcement or protection.
24
(2) The agencies to which the Executive Director may disclose
25
protected information under this section are:
26
(a) a Department, agency or authority of the Commonwealth, a
27
State or a Territory; or
28
(b) the Australian Federal Police; or
29
(c) the police force or police service of a State or Territory;
30
whose functions include that enforcement or protection.
31
Part 6 Information, reporting and confidentiality
Division 4 Confidentiality and disclosure
Section 125
104
Industrial Chemicals Bill 2017
No. , 2017
125 Disclosure to reduce serious risk to public health
1
The Executive Director may disclose protected information if:
2
(a) the Executive Director reasonably believes that the disclosure
3
is necessary to prevent or lessen a serious risk to public
4
health; and
5
(b) the disclosure is for the purposes of preventing or lessening
6
that risk.
7
126 Disclosure to reduce serious risk to the environment
8
The Executive Director may disclose protected information if:
9
(a) the Executive Director reasonably believes that the disclosure
10
is necessary to prevent or lessen a serious risk to the
11
environment; and
12
(b) the disclosure is for the purposes of preventing or lessening
13
that risk.
14
Enforcement Part 7
Simplified outline of this Part Division 1
Section 127
No. , 2017
Industrial Chemicals Bill 2017
105
Part 7--Enforcement
1
Division 1--Simplified outline of this Part
2
127 Simplified outline of this Part
3
The Executive Director and authorised inspectors have monitoring,
4
inspection and enforcement powers under the Regulatory Powers
5
Act to ensure this Act is being complied with.
6
The Regulatory Powers Act creates a framework for monitoring
7
and investigating compliance with this Act, as well as providing
8
for the enforcement of civil penalty provisions, and the use of
9
infringement notices, enforceable undertakings and injunctions.
10
This Part provides for the application of the Regulatory Powers Act
11
in relation to these matters.
12
Part 7 Enforcement
Division 2 Monitoring and investigation powers
Section 128
106
Industrial Chemicals Bill 2017
No. , 2017
Division 2--Monitoring and investigation powers
1
128 Monitoring powers
2
Provisions subject to monitoring
3
(1) The following provisions are subject to monitoring under Part 2 of
4
the Regulatory Powers Act:
5
(a) the provisions of this Act;
6
(b) an offence against the Crimes Act 1914 or the Criminal Code
7
that relates to this Act.
8
Note:
Part 2 of the Regulatory Powers Act creates a framework for
9
monitoring whether this Act has been complied with. It includes
10
powers of entry and inspection.
11
Information subject to monitoring
12
(2) Information given in compliance or purported compliance with a
13
provision of this Act is subject to monitoring under Part 2 of the
14
Regulatory Powers Act.
15
Note:
Part 2 of the Regulatory Powers Act creates a framework for
16
monitoring whether the information is correct. It includes powers of
17
entry and inspection.
18
Related provisions, authorised applicant, authorised person,
19
issuing officer, relevant chief executive and relevant court
20
(3) For the purposes of Part 2 of the Regulatory Powers Act, as that
21
Part applies in relation to the provisions mentioned in
22
subsection (1) and the information mentioned in subsection (2):
23
(a) there are no related provisions; and
24
(b) the Executive Director and each authorised inspector is an
25
authorised applicant; and
26
(c) the Executive Director and each authorised inspector is an
27
authorised person; and
28
(d) an issuing officer (as defined in section 9 of this Act) is an
29
issuing officer; and
30
(e) the Executive Director is the relevant chief executive; and
31
Enforcement Part 7
Monitoring and investigation powers Division 2
Section 129
No. , 2017
Industrial Chemicals Bill 2017
107
(f) each relevant court (as defined in section 9 of this Act) is a
1
relevant court.
2
Additional monitoring powers
3
(4) For the purposes of Part 2 of the Regulatory Powers Act, the
4
additional powers mentioned in subsection (5) are also taken to be
5
monitoring powers for the purposes of determining:
6
(a) whether a provision mentioned in subsection (1) has been, or
7
is being, complied with; or
8
(b) the correctness of information mentioned in subsection (2).
9
(5) The additional monitoring powers are the powers to take and keep
10
samples of any substance at any premises entered under section 18
11
of the Regulatory Powers Act, as that section applies in relation to
12
the provisions mentioned in subsection (1) or the information
13
mentioned in subsection (2).
14
Persons assisting
15
(6) An authorised person may be assisted by other persons in
16
exercising powers or performing functions or duties under Part 2 of
17
the Regulatory Powers Act in relation to the provisions mentioned
18
in subsection (1) and the information mentioned in subsection (2).
19
Use of force in executing a warrant
20
(7) In executing a monitoring warrant:
21
(a) an authorised person may use such force against things as is
22
necessary and reasonable in the circumstances; and
23
(b) a person assisting the authorised person may use such force
24
against things as is necessary and reasonable in the
25
circumstances.
26
129 Investigation powers
27
Provisions subject to investigation
28
(1) The following provisions are subject to investigation under Part 3
29
of the Regulatory Powers Act:
30
Part 7 Enforcement
Division 2 Monitoring and investigation powers
Section 129
108
Industrial Chemicals Bill 2017
No. , 2017
(a) an offence against this Act
;
1
(b) a civil penalty provision of this Act;
2
(c) an offence against the Crimes Act 1914 or the Criminal Code
3
that relates to this Act.
4
Note:
Part 3 of the Regulatory Powers Act creates a framework for
5
investigating whether a provision has been contravened. It includes
6
powers of entry, search and seizure.
7
Related provisions, authorised applicant, authorised person,
8
issuing officer, relevant chief executive and relevant court
9
(2) For the purposes of Part 3 of the Regulatory Powers Act, as that
10
Part applies in relation to evidential material that relates to a
11
provision mentioned in subsection (1):
12
(a) there are no related provisions; and
13
(b) the Executive Director and each authorised inspector is an
14
authorised applicant; and
15
(c) the Executive Director and each authorised inspector is an
16
authorised person; and
17
(d) an issuing officer (as defined in section 9 of this Act) is an
18
issuing officer; and
19
(e) the Executive Director is the relevant chief executive; and
20
(f) each relevant court (as defined in section 9 of this Act) is a
21
relevant court.
22
Persons assisting
23
(3) An authorised person may be assisted by other persons in
24
exercising powers or performing functions or duties under Part 3 of
25
the Regulatory Powers Act in relation to evidential material that
26
relates to a provision mentioned in subsection (1).
27
Use of force in executing a warrant
28
(4) In executing an investigation warrant under Part 3 of the
29
Regulatory Powers Act, as that Part applies in relation to evidential
30
material that relates to a provision mentioned in subsection (1):
31
(a) an authorised person may use such force against things as is
32
necessary and reasonable in the circumstances; and
33
Enforcement Part 7
Monitoring and investigation powers Division 2
Section 129
No. , 2017
Industrial Chemicals Bill 2017
109
(b) a person assisting the authorised person may use such force
1
against things as is necessary and reasonable in the
2
circumstances.
3
Part 7 Enforcement
Division 3 Civil penalty provisions, infringement notices and injunctions
Section 130
110
Industrial Chemicals Bill 2017
No. , 2017
Division 3--Civil penalty provisions, infringement notices
1
and injunctions
2
130 Civil penalty provisions
3
Enforceable civil penalty provisions
4
(1) Each civil penalty provision of this Act is enforceable under Part 4
5
of the Regulatory Powers Act.
6
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
7
be enforced by obtaining an order for a person to pay a pecuniary
8
penalty for the contravention of the provision.
9
Authorised applicant and relevant court
10
(2) For the purposes of Part 4 of the Regulatory Powers Act, as that
11
Part applies in relation to the civil penalty provisions of this Act:
12
(a) the Executive Director and each authorised inspector is an
13
authorised applicant; and
14
(b) each relevant court (as defined in section 9 of this Act) is a
15
relevant court.
16
131 Infringement notices
17
Provisions subject to an infringement notice
18
(1) A strict liability offence against this Act is subject to an
19
infringement notice under Part 5 of the Regulatory Powers Act.
20
Note:
Part 5 of the Regulatory Powers Act creates a framework for using
21
infringement notices in relation to provisions.
22
Infringement officer and relevant chief executive
23
(2) For the purposes of Part 5 of the Regulatory Powers Act, as that
24
Part applies in relation to the provisions mentioned in
25
subsection (1):
26
(a) the Executive Director and each authorised inspector is an
27
infringement officer; and
28
(b) the Executive Director is the relevant chief executive.
29
Enforcement Part 7
Civil penalty provisions, infringement notices and injunctions Division 3
Section 132
No. , 2017
Industrial Chemicals Bill 2017
111
132 Enforceable undertakings
1
Enforceable provisions
2
(1) The provisions of this Act are enforceable under Part 6 of the
3
Regulatory Powers Act.
4
Note:
Part 6 of the Regulatory Powers Act creates a framework for accepting
5
and enforcing undertakings relating to compliance with provisions.
6
Authorised person and relevant court
7
(2) For the purposes of Part 6 of the Regulatory Powers Act, as that
8
Part applies in relation to the provisions mentioned in
9
subsection (1):
10
(a) the Executive Director and each authorised inspector is an
11
authorised person; and
12
(b) each relevant court (as defined in section 9 of this Act) is a
13
relevant court.
14
Enforceable undertaking must be published on the AICIS website
15
(3) An authorised person in relation to a provision mentioned in
16
subsection (1) must publish an undertaking given in relation to the
17
provision on the AICIS website.
18
133 Injunctions
19
Enforceable provisions
20
(1) The following provisions are enforceable under Part 7 of the
21
Regulatory Powers Act:
22
(a) the provisions of this Act;
23
(b) an offence against the Crimes Act 1914 or the Criminal Code
24
that relates to this Act.
25
Note:
Part 7 of the Regulatory Powers Act creates a framework for using
26
injunctions to enforce provisions.
27
Part 7 Enforcement
Division 3 Civil penalty provisions, infringement notices and injunctions
Section 134
112
Industrial Chemicals Bill 2017
No. , 2017
Authorised person and relevant court
1
(2) For the purposes of Part 7 of the Regulatory Powers Act, as that
2
Part applies in relation to the provisions mentioned in
3
subsection (1):
4
(a) the Executive Director and each authorised inspector is an
5
authorised person; and
6
(b) each relevant court (as defined in section 9 of this Act) is a
7
relevant court.
8
Additional matters relevant to court's power to grant injunctions
9
(3) The power of a relevant court under Part 7 of the Regulatory
10
Powers Act, as that Part applies in relation to the provisions
11
mentioned in subsection (1), to grant an injunction restraining a
12
person from engaging in conduct may be exercised whether or not
13
conduct of that kind constitutes a serious and immediate risk to
14
human health or the environment.
15
(4) The power of a relevant court under Part 7 of the Regulatory
16
Powers Act, as that Part applies in relation to the provisions
17
mentioned in subsection (1), to grant an injunction requiring a
18
person to do a thing may be exercised whether or not there is a
19
serious and immediate risk to human health or the environment if
20
the person refuses or fails to do that thing.
21
(5) Subsections (3) and (4) are in addition to, and do not limit,
22
subsections 124(1) and (2) of the Regulatory Powers Act.
23
134 Extension to external Territories
24
A Part of the Regulatory Powers Act, as the Part applies in relation
25
to a provision of this Act mentioned in this Part, extends to every
26
external Territory to which the provision extends.
27
Enforcement Part 7
Miscellaneous Division 4
Section 135
No. , 2017
Industrial Chemicals Bill 2017
113
Division 4--Miscellaneous
1
135 Physical elements of offences
2
(1) This section applies if a provision of this Act provides that a person
3
contravening another provision of this Act (the conduct rule
4
provision) commits an offence.
5
(2) For the purposes of applying Chapter 2 of the Criminal Code to the
6
offence, the physical elements of the offence are set out in the
7
conduct rule provision.
8
Note:
Chapter 2 of the Criminal Code sets out general principles of criminal
9
responsibility.
10
136 Contravening an offence provision or a civil penalty provision
11
(1) This section applies if a provision of this Act provides that a person
12
contravening another provision of this Act (the conduct provision)
13
commits an offence or is liable to a civil penalty.
14
(2) For the purposes of this Act, and the Regulatory Powers Act to the
15
extent that it relates to this Act, a reference to a contravention of an
16
offence provision or a civil penalty provision includes a reference
17
to a contravention of the conduct provision.
18
137 Appointment of authorised inspectors
19
(1) The Executive Director may, in writing, appoint an APS employee
20
who holds or performs the duties of an Executive Level 1 position,
21
or an equivalent or higher position, as an authorised inspector for
22
the purposes of this Part.
23
(2) The Executive Director must not appoint a person as an authorised
24
inspector unless the Executive Director is satisfied that the person
25
has the knowledge or experience necessary to properly exercise the
26
powers of an authorised inspector.
27
(3) An authorised inspector must, in exercising powers as such,
28
comply with any directions of the Executive Director.
29
Part 7 Enforcement
Division 4 Miscellaneous
Section 138
114
Industrial Chemicals Bill 2017
No. , 2017
(4) If a direction is given under subsection (3) in writing, the direction
1
is not a legislative instrument.
2
138 Delegations by relevant chief executive
3
(1) The Executive Director may, in writing, delegate all or any of the
4
relevant chief executive powers and functions mentioned in
5
subsection (2) to an authorised inspector.
6
(2) The powers and functions that may be delegated are:
7
(a) powers under Part 2 of the Regulatory Powers Act in relation
8
to the provisions mentioned in subsection 128(1) and the
9
information mentioned in subsection 128(2); and
10
(b) powers under Part 3 of the Regulatory Powers Act in relation
11
to evidential material that relates to a provision mentioned in
12
subsection 129(1); and
13
(c) powers under Part 5 of the Regulatory Powers Act in relation
14
to the provisions mentioned in subsection 131(1); and
15
(d) powers and functions under the Regulatory Powers Act that
16
are incidental to the powers mentioned in paragraphs (a) to
17
(c).
18
(3) A person exercising powers or performing functions under a
19
delegation under subsection (1) must comply with any directions of
20
the relevant chief executive.
21
Administration Part 8
Simplified outline of this Part Division 1
Section 139
No. , 2017
Industrial Chemicals Bill 2017
115
Part 8--Administration
1
Division 1--Simplified outline of this Part
2
139 Simplified outline of this Part
3
The Executive Director is appointed under, and the Australian
4
Industrial Chemicals Introduction Scheme is established by, this
5
Part.
6
This Part also contains the terms and conditions of the Executive
7
Director and the staff assisting the Executive Director.
8
Provisions dealing with the Industrial Chemicals Special Account
9
are also included in this Part.
10
Part 8 Administration
Division 2 Australian Industrial Chemicals Introduction Scheme and the Executive
Director
Section 140
116
Industrial Chemicals Bill 2017
No. , 2017
Division 2--Australian Industrial Chemicals Introduction
1
Scheme and the Executive Director
2
140 Australian Industrial Chemicals Introduction Scheme
3
The Australian Industrial Chemicals Introduction Scheme is
4
established.
5
141 Executive Director
6
There is to be an Executive Director of the Australian Industrial
7
Chemicals Introduction Scheme.
8
142 Functions of Executive Director
9
(1) The Executive Director has the following functions:
10
(a) the functions conferred on the Executive Director by this Act;
11
(b) to promote the international harmonisation of regulatory
12
controls or standards for industrial chemicals;
13
(c) any other function prescribed by the rules for the purposes of
14
this paragraph;
15
(d) any other functions conferred on the Executive Director by
16
any other Act;
17
(e) to advise the Minister about matters relating to any of the
18
functions mentioned in paragraph (a), (b), (c) or (d).
19
(2) The Secretary of the Department may require the Executive
20
Director to perform functions or carry out duties for the
21
Department in relation to chemicals to the extent to which they do
22
not interfere with the performance of functions referred to in
23
subsection (1).
24
Administration Part 8
Appointment of the Executive Director Division 3
Section 143
No. , 2017
Industrial Chemicals Bill 2017
117
Division 3--Appointment of the Executive Director
1
143 Appointment
2
(1) The Executive Director is to be appointed by the Governor-General
3
by written instrument.
4
(2) The Executive Director is to be appointed on a full-time basis.
5
144 Term of appointment
6
The Executive Director holds office for the period specified in the
7
instrument of appointment. The period must not exceed 5 years.
8
Note:
The Executive Director may be reappointed: see section 33AA of the
9
Acts Interpretation Act 1901.
10
145 Acting Executive Director
11
The Minister may, by written instrument, appoint a person to act as
12
the Executive Director:
13
(a) during a vacancy in the office of Executive Director, whether
14
or not an appointment has previously been made to that
15
office; or
16
(b) during any period, or during all periods, when the Executive
17
Director:
18
(i) is absent from duty or from Australia; or
19
(ii) is, for any other reason, unable to perform the duties of
20
the office.
21
Note:
Sections 33AB and 33A of the Acts Interpretation Act 1901 have rules
22
that apply to acting appointments.
23
Part 8 Administration
Division 4 Terms and conditions for the Executive Director
Section 146
118
Industrial Chemicals Bill 2017
No. , 2017
Division 4--Terms and conditions for the Executive
1
Director
2
146 Remuneration and allowances
3
(1) The Executive Director is to be paid the remuneration that is
4
determined by the Remuneration Tribunal. If no determination of
5
that remuneration by the Tribunal is in operation, he or she is to be
6
paid the remuneration that is prescribed by the rules.
7
(2) The Executive Director is to be paid the allowances that are
8
prescribed by the rules for the purposes of this subsection.
9
(3) This section has effect subject to the Remuneration Tribunal Act
10
1973.
11
147 Leave of absence
12
(1) The Executive Director has the recreation leave entitlements that
13
are determined by the Remuneration Tribunal.
14
(2) The Minister may grant the Executive Director leave of absence,
15
other than recreation leave, on the terms and conditions as to
16
remuneration or otherwise that the Minister determines.
17
148 Outside employment
18
The Executive Director must not engage in paid work outside the
19
duties of his or her office without the Minister's approval.
20
149 Disclosure of interests
21
(1) The Executive Director must give written notice to the Minister of
22
any interest, pecuniary or otherwise, that the Executive Director
23
has or acquires that could conflict with the proper performance of
24
the Executive Director's functions.
25
(2) Subsection (1) applies in addition to any rules made for the
26
purposes of section 29 of the Public Governance, Performance and
27
Accountability Act 2013.
28
Administration Part 8
Terms and conditions for the Executive Director Division 4
Section 150
No. , 2017
Industrial Chemicals Bill 2017
119
150 Resignation of Executive Director
1
(1) The Executive Director may resign his or her appointment by
2
giving the Governor-General a written resignation.
3
(2) The resignation takes effect on the day it is received by the
4
Governor-General or, if a later day is specified in the resignation,
5
on that later day.
6
151 Termination of appointment of Executive Director
7
(1) The Governor-General may terminate the appointment of the
8
Executive Director:
9
(a) for misbehaviour; or
10
(b) if the Executive Director is unable to perform the duties of
11
his or her office because of physical or mental incapacity.
12
(2) The Governor-General may terminate the appointment of the
13
Executive Director if:
14
(a) the Executive Director:
15
(i) becomes bankrupt; or
16
(ii) applies to take the benefit of any law for the relief of
17
bankrupt or insolvent debtors; or
18
(iii) compounds with his or her creditors; or
19
(iv) makes an assignment of his or her remuneration for the
20
benefit of his or her creditors; or
21
(b) the Executive Director is absent, except on leave of absence,
22
for 14 consecutive days or for 28 days in any 12 months; or
23
(c) the Executive Director engages, except with the Minister's
24
approval, in paid work outside the duties of his or her office;
25
or
26
(d) the Executive Director fails, without reasonable excuse, to
27
comply with section 149.
28
Part 8 Administration
Division 4 Terms and conditions for the Executive Director
Section 152
120
Industrial Chemicals Bill 2017
No. , 2017
152 Other terms and conditions of appointment of Executive
1
Director
2
The Executive Director holds office on the terms and conditions (if
3
any) in relation to matters not covered by this Act that are
4
determined by the Minister in writing.
5
Administration Part 8
Persons assisting the Executive Director Division 5
Section 153
No. , 2017
Industrial Chemicals Bill 2017
121
Division 5--Persons assisting the Executive Director
1
153 Arrangements relating to staff of the Department
2
(1) The staff assisting the Executive Director are to be APS employees
3
in the Department whose services are made available to the
4
Executive Director, by the Secretary, in connection with the
5
performance of any of the Executive Director's functions.
6
(2) When performing services for the Executive Director, the persons
7
are subject to the directions of the Executive Director.
8
154 Other persons assisting the Executive Director
9
(1) The Executive Director may also be assisted by employees of
10
Agencies (within the meaning of the Public Service Act 1999)
11
whose services are made available to the Executive Director in
12
connection with the performance of any of the Executive
13
Director's functions.
14
(2) When performing services for the Executive Director, the
15
employees are subject to the directions of the Executive Director.
16
Part 8 Administration
Division 6 Industrial Chemicals Special Account
Section 155
122
Industrial Chemicals Bill 2017
No. , 2017
Division 6--Industrial Chemicals Special Account
1
155 Industrial Chemicals Special Account
2
(1) The Industrial Chemicals Account established by section 100A of
3
the Industrial Chemicals (Notification and Assessment) Act 1989 is
4
continued in existence under this Act with the new name Industrial
5
Chemicals Special Account.
6
(2) The Industrial Chemicals Special Account is a special account for
7
the purposes of the Public Governance, Performance and
8
Accountability Act 2013.
9
156 Credits to Industrial Chemicals Special Account
10
There must be credited to the Industrial Chemicals Special
11
Account amounts equal to the following:
12
(a) amounts equal to amounts received by the Commonwealth in
13
connection with the performance of the Executive Director's
14
functions under this Act;
15
(b) amounts equal to money received by the Commonwealth for
16
services provided or to be provided, by or on behalf of the
17
Commonwealth, using amounts standing to the credit of the
18
account;
19
(c) amounts equal to interest received by the Commonwealth
20
from the investment of amounts standing to the credit of the
21
account;
22
(d) amounts equal to money received by the Commonwealth in
23
relation to property paid for with amounts standing to the
24
credit of the account;
25
(e) amounts equal to amounts of any gifts given or bequests
26
made for the purposes of the account;
27
(f) amounts equal to receipts relating to the recovery of debts
28
(other than debts in respect of statutory fines and penalties)
29
by the Commonwealth that are associated with expenditure
30
of amounts standing to the credit of the account.
31
Note:
An Appropriation Act may contain a provision to the effect that, if any
32
of the purposes of a special account is a purpose that is covered by an
33
Administration Part 8
Industrial Chemicals Special Account Division 6
Section 157
No. , 2017
Industrial Chemicals Bill 2017
123
item in the Appropriation Act (whether or not the item expressly refers
1
to the special account), then amounts may be debited against the
2
appropriation for that item and credited to that special account.
3
157 Purposes of the Industrial Chemicals Special Account
4
The purposes of the Industrial Chemicals Special Account are as
5
follows:
6
(a) to make payments to further the objects of this Act;
7
(b) paying or discharging the costs, expenses and other
8
obligations incurred by the Commonwealth in the
9
performance of the Executive Director's functions;
10
(c) to make payments to enable the Commonwealth to
11
participate in:
12
(i) the international harmonisation of regulatory controls or
13
standards on industrial chemicals and other related
14
activities; and
15
(ii) the development of international agreements and
16
arrangements in relation to industrial chemicals;
17
(d) paying any remuneration and allowances payable to any
18
person engaged under this Act.
19
Note:
See section 80 of the Public Governance, Performance and
20
Accountability Act 2013 (which deals with special accounts).
21
Part 9 International agreements and arrangements
Division 1 Simplified outline of this Part
Section 158
124
Industrial Chemicals Bill 2017
No. , 2017
Part 9--International agreements and
1
arrangements
2
Division 1--Simplified outline of this Part
3
158 Simplified outline of this Part
4
This Part deals with the obligations that Australia has under the
5
Rotterdam Convention, and other international agreements or
6
arrangements regarding the movement of industrial chemicals into
7
or out of Australia.
8
The Executive Director is responsible for notifying Australia's
9
designated national authority when there are laws made, or actions
10
taken, that have the effect of banning or severely restricting the
11
introduction or use of an industrial chemical.
12
Australia's designated national authority is then responsible for
13
providing this information to the Secretariat to comply with
14
Australia's obligations under the Rotterdam Convention.
15
The Executive Director also has responsibility for gathering
16
information in relation to other obligations Australia has under the
17
Rotterdam Convention for Australia's designated national authority
18
to provide to the Secretariat. Australia's designated authority may
19
share this information with other parties to the Rotterdam
20
Convention.
21
This Part also provides for the rules to prohibit the introduction or
22
export of an industrial chemical, or impose conditions on the
23
introduction or export of an industrial chemical, where Australia is
24
a party to an agreement or an arrangement that deals with such
25
prohibitions or restrictions.
26
International agreements and arrangements Part 9
Information exchange under the Rotterdam Convention Division 2
Section 159
No. , 2017
Industrial Chemicals Bill 2017
125
Division 2--Information exchange under the Rotterdam
1
Convention
2
Subdivision A--Notification of ban or restriction
3
159 Notification of ban or restriction on introduction or use
4
Scope
5
(1) This section relates to Australia's obligations under paragraph 1 of
6
Article 5 of the Rotterdam Convention.
7
Executive Director must notify Australia's designated national
8
authority
9
(2) The Executive Director must notify Australia's designated national
10
authority in writing if the Executive Director is satisfied that:
11
(a) both of the following apply:
12
(i) the Executive Director has taken an action that has the
13
effect of banning the introduction or use, or severely
14
restricting the introduction or use, of an industrial
15
chemical;
16
(ii) the Executive Director has taken the action on the
17
grounds that the Executive Director is not satisfied that
18
risks to human health or the environment associated
19
with the introduction or use of the industrial chemical
20
can be managed; or
21
(b) a provision of this Act or the rules has the effect of banning
22
the introduction or use, or severely restricting the
23
introduction or use, of an industrial chemical on the grounds
24
that the risks to human health or the environment associated
25
with the introduction or use of the industrial chemical cannot
26
be managed; or
27
(c) both of the following apply:
28
(i) a State or a Territory has one or more laws that have the
29
effect of banning the introduction or use, or severely
30
restricting the introduction or use, of an industrial
31
chemical in the State or Territory;
32
Part 9 International agreements and arrangements
Division 2 Information exchange under the Rotterdam Convention
Section 159
126
Industrial Chemicals Bill 2017
No. , 2017
(ii) the law or laws have the effect of banning the
1
introduction or use, or severely restricting the
2
introduction or use, of the industrial chemical in
3
Australia on the grounds that the risks to human health
4
or the environment associated with the introduction or
5
use of the industrial chemical cannot be managed.
6
(3) The notice must:
7
(a) specify the industrial chemical; and
8
(b) contain the information set out in Annex I to the Rotterdam
9
Convention (to the extent that the information is available);
10
and
11
(c) be given as soon as practicable after the Executive Director is
12
satisfied in accordance with subsection (2).
13
Australia's designated national authority must notify Secretariat
14
(4) If a notice is given under subsection (2), Australia's designated
15
national authority must:
16
(a) give the Secretariat written notice of the information set out
17
in the Executive Director's notification; and
18
(b) do so as soon as practicable, but no later than 90 days after:
19
(i) if paragraph (2)(a) applies--the day the action taken by
20
the Executive Director takes effect; or
21
(ii) if paragraph (2)(b) applies--the first day the relevant
22
provision or rule takes effect; or
23
(iii) if paragraph (2)(c) applies--the first day the law or laws
24
take effect.
25
Executive Director to make information available on website
26
(5) The Executive Director must, as soon as practicable after giving
27
the notice, publish on the AICIS website a notice specifying the
28
industrial chemical.
29
(6) The Executive Director may also publish on the AICIS website a
30
notice setting out all or any of the information referred to in
31
paragraph (3)(b).
32
International agreements and arrangements Part 9
Information exchange under the Rotterdam Convention Division 2
Section 160
No. , 2017
Industrial Chemicals Bill 2017
127
Subdivision B--Exchange of certain information
1
160 Exchange of certain information about industrial chemicals
2
Scope
3
(1) This section relates to Australia's obligations under
4
subparagraphs 1(a) and (c) of Article 14 of the Rotterdam
5
Convention.
6
Executive Director to give information to Australia's designated
7
national authority
8
(2) The Executive Director must:
9
(a) give Australia's designated national authority such
10
information of the kind mentioned in subparagraph 1(a) of
11
Article 14 of the Rotterdam Convention as the Executive
12
Director considers appropriate about a notified industrial
13
chemical that was obtained during the 12 months ending on
14
1 February each year; and
15
(b) do so as soon as practicable after that day.
16
Australia's designated national authority to give information to
17
Secretariat etc.
18
(3) If information is given under subsection (2), Australia's designated
19
national authority must:
20
(a) give the Secretariat the information; and
21
(b) do so as soon as practicable after receiving the information.
22
(4) Australia's designated national authority may also give a country
23
that is a Party to the Rotterdam Convention, or the appropriate
24
authority of such a country, all or any of that information.
25
Part 9 International agreements and arrangements
Division 2 Information exchange under the Rotterdam Convention
Section 161
128
Industrial Chemicals Bill 2017
No. , 2017
Subdivision C--Information gathering
1
161 Executive Director may obtain information and documents
2
Scope
3
(1) This section applies if the Executive Director reasonably believes
4
that a person has information or a document that it is reasonably
5
necessary to obtain for the purpose of Australia's compliance with
6
its obligations under the Rotterdam Convention.
7
Requirement
8
(2) The Executive Director may, by written notice given to the person,
9
require the person:
10
(a) to give to the Executive Director, within the period and in the
11
manner and form specified in the notice, any such
12
information; or
13
(b) to produce to the Executive Director, within the period and in
14
the manner specified in the notice, any such documents.
15
(3) A period specified under subsection (2) must not be less than 10
16
working days after the day the notice is given.
17
(4) A notice under subsection (2) must contain a statement to the effect
18
that a person may commit an offence or be liable to a civil penalty
19
if the person fails to comply with the notice.
20
162 Person must comply with notice under section 161
21
(1) A person contravenes this subsection if:
22
(a) the person is given a notice under section 161 requiring the
23
person to give information or to produce a document; and
24
(b) the person does not comply with the requirement.
25
Fault-based offence
26
(2) A person commits an offence if the person contravenes
27
subsection (1).
28
International agreements and arrangements Part 9
Information exchange under the Rotterdam Convention Division 2
Section 162
No. , 2017
Industrial Chemicals Bill 2017
129
Penalty: 300 penalty units.
1
Strict liability offence
2
(3) A person commits an offence of strict liability if the person
3
contravenes subsection (1).
4
Penalty: 60 penalty units.
5
Civil penalty provision
6
(4) A person is liable to a civil penalty if the person contravenes
7
subsection (1).
8
Penalty: 300 penalty units.
9
Part 9 International agreements and arrangements
Division 3 Movements of industrial chemicals into or out of Australia
Section 163
130
Industrial Chemicals Bill 2017
No. , 2017
Division 3--Movements of industrial chemicals into or out
1
of Australia
2
163 Movements of industrial chemicals into or out of Australia
3
Prohibited or restricted introductions or exports
4
(1) If an industrial chemical is the subject of a prescribed international
5
agreement or a prescribed international arrangement, the rules
6
may:
7
(a) prohibit the introduction or export of the industrial chemical;
8
or
9
(b) impose conditions to which the introduction or export of the
10
industrial chemical are subject.
11
Executive Director must give notice before making rules
12
(2) At least 20 working days before rules are made for the purposes of
13
subsection (1), the Executive Director must publish on the AICIS
14
website a notice:
15
(a) identifying the prescribed international agreement or
16
prescribed international arrangement; and
17
(b) listing the name or names by which the industrial chemical is
18
known to the public; and
19
(c) requiring all persons who introduce the industrial chemical
20
into, or export the industrial chemical from, Australia to give
21
to the Executive Director information in the approved form
22
about movements of the industrial chemical into or out of
23
Australia.
24
Informing other countries etc.
25
(3) The Executive Director may inform any of the following persons
26
or bodies regarding movements into or out of Australia of an
27
industrial chemical mentioned in subsection (1):
28
(a) a country;
29
(b) the appropriate authority of a country;
30
(c) a relevant international organisation.
31
International agreements and arrangements Part 9
Movements of industrial chemicals into or out of Australia Division 3
Section 164
No. , 2017
Industrial Chemicals Bill 2017
131
(4) The Executive Director may give information under subsection (3)
1
in such terms and on such conditions as the Executive Director
2
thinks fit, having regard to:
3
(a) the requirements of the relevant international agreement or
4
arrangement; and
5
(b) the interest of any person in maintaining confidentiality in
6
relation to movements of the industrial chemical.
7
164 Introducing or exporting if prohibited or restricted
8
(1) A person contravenes this subsection if:
9
(a) the person introduces or exports an industrial chemical; and
10
(b) the introduction or export of the industrial chemical is
11
prohibited by rules made for the purposes of
12
paragraph 163(1)(a).
13
(2) A person contravenes this subsection if:
14
(a) the person introduces or exports an industrial chemical; and
15
(b) the introduction or export of the industrial chemical is subject
16
to a condition prescribed by rules made for the purposes of
17
paragraph 163(1)(b); and
18
(c) the person does not comply with the condition.
19
Fault-based offence
20
(3) A person commits an offence if the person contravenes
21
subsection (1) or (2).
22
Penalty: 300 penalty units.
23
Strict liability offence
24
(4) A person commits an offence of strict liability if the person
25
contravenes subsection (1) or (2).
26
Penalty: 60 penalty units.
27
Part 9 International agreements and arrangements
Division 3 Movements of industrial chemicals into or out of Australia
Section 164
132
Industrial Chemicals Bill 2017
No. , 2017
Civil penalty provision
1
(5) A person is liable to a civil penalty if the person contravenes
2
subsection (1) or (2).
3
Civil penalty:
300 penalty units.
4
Miscellaneous Part 10
Section 165
No. , 2017
Industrial Chemicals Bill 2017
133
Part 10--Miscellaneous
1
2
165 Simplified outline of this Part
3
This Part contains miscellaneous provisions including provisions
4
about reconsideration of decisions by the Executive Director,
5
review by the AAT, general requirements for applications,
6
calculating consideration periods for applications, additional
7
provisions about fees, protection from civil actions, use of
8
computer programs, delegation provisions and annual reports.
9
This Part also contains the general rule making power.
10
166 Reconsideration and review of decisions
11
(1) A decision mentioned in an item in column 1 of the following table
12
that is made by the Executive Director under the provision
13
mentioned in column 2 of that item is a reviewable decision.
14
15
Reviewable decisions
Item
Column 1
Column 2
Decision
Provision
1
A decision to cancel a person's registration
Paragraph 19(6)(a)
2
A decision to not issue an assessment certificate
Paragraph 37(1)(b)
3
A decision to include a condition on an
assessment certificate
Paragraph 38(1)(c)
4
A decision to include on an assessment certificate
a specific requirement to provide information
Paragraph 38(1)(d)
5
A decision to remove a person as a holder of a
certificate or as a person covered by a certificate
Paragraph 42(5)(a)
6
A decision to not vary a term of an assessment
certificate
Paragraph 49(1)(b)
7
A decision to vary a term of an assessment
certificate on the Executive Director's initiative
Paragraph 50(5)(a)
Part 10 Miscellaneous
Section 166
134
Industrial Chemicals Bill 2017
No. , 2017
Reviewable decisions
Item
Column 1
Column 2
Decision
Provision
8
A decision to cancel an assessment certificate on
the Executive Director's initiative
Paragraph 52(5)(a)
9
A decision to not issue a commercial evaluation
authorisation
Paragraph 58(1)(b)
10
A decision to include a condition on a
commercial evaluation authorisation
Paragraph 59(1)(e)
11
A decision to include a specific requirement to
provide information on a commercial evaluation
authorisation
Paragraph 59(1)(f)
12
A decision to remove a person as a holder of a
commercial evaluation authorisation
Paragraph 61(5)(a)
13
A decision to not vary a term of a commercial
evaluation authorisation
Paragraph 63(4)(b)
14
A decision to vary a term of a commercial
evaluation authorisation on the Executive
Director's initiative
Paragraph 64(5)(a)
15
A decision to cancel a commercial evaluation
authorisation on the Executive Director's
initiative
Paragraph 66(5)(a)
16
A decision to not vary the terms of the Inventory
listing for an industrial chemical
Paragraph 93(1)(b)
17
A decision to not approve an application for the
proper name or end use for an industrial chemical
to be treated as confidential business information
Paragraph 108(1)(b)
18
A decision to revoke an approval to treat the
proper name or end use for an industrial chemical
as confidential business information
Paragraph 111(8)(a)
19
A decision to not approve an application for
information to be treated as confidential business
information
Paragraph 114(2)(b)
1
(2) If another provision of this Act requires written notice to be given
2
of a reviewable decision, the notice must include:
3
Miscellaneous Part 10
Section 167
No. , 2017
Industrial Chemicals Bill 2017
135
(a) the reasons for the decision; and
1
(b) information regarding a person's rights to seek
2
reconsideration or review of the decision under this section.
3
(3) A person whose interests are affected by a reviewable decision
4
may request the Executive Director to reconsider the decision.
5
(4) The request must be made in writing and given to the Executive
6
Director within 20 working days after the day on which the person
7
was given notice of the reviewable decision, or within such longer
8
period as the Executive Director allows.
9
(5) A decision on a request must be made under subsection (6) within
10
70 working days after the day the request is given.
11
(6) After receiving the request, the Executive Director must reconsider
12
the decision and:
13
(a) confirm the decision; or
14
(b) vary the decision; or
15
(c) set the decision aside and substitute a new decision.
16
(7) The Executive Director's decision (the reconsidered decision) to
17
confirm, vary or set aside the reviewable decision takes effect:
18
(a) on the day specified in the reconsidered decision; or
19
(b) if a day is not specified--on the day on which the
20
reconsidered decision is made.
21
(8) The Executive Director must give the person written notice of the
22
reconsidered decision.
23
Note:
Section 27A of the Administrative Appeals Tribunal Act 1975 requires
24
the person to be notified of the person's review rights.
25
(9) An application may be made to the AAT for review of a
26
reconsidered decision.
27
167 General requirements for applications
28
(1) An application under this Act must:
29
(a) be in the approved form; and
30
(b) contain the information required by the approved form; and
31
Part 10 Miscellaneous
Section 167
136
Industrial Chemicals Bill 2017
No. , 2017
(c) be accompanied by any documents required by the approved
1
form; and
2
(d) contain any information prescribed by the rules for the
3
purposes of this paragraph; and
4
(e) be accompanied by any documents prescribed by the rules for
5
the purposes of this paragraph; and
6
(f) be accompanied by any fee for the application:
7
(i) prescribed by the rules for the purposes of this
8
paragraph; or
9
(ii) worked out in accordance with a method prescribed by
10
the rules for the purposes of this paragraph.
11
(2) To avoid doubt, information or documents required to be given as
12
part of an application under this Act may be provided to the
13
Executive Director by a person other than the applicant.
14
Note:
A person other than the applicant who provides information or
15
documents to the Executive Director in connection with an application
16
may apply or give notice for that information to be considered
17
confidential business information: see sections 105 and 112.
18
(3) To avoid doubt, the Executive Director, in considering an
19
application, may have regard to any information the Executive
20
Director is satisfied is relevant to the application.
21
(4) If information that is relevant to the application becomes available
22
to an applicant before a decision on the application is made, the
23
applicant must give the information to the Executive Director as
24
soon as is practicable after the information becomes so available.
25
(5) An applicant may, at any time before a decision has been made on
26
an application, in writing to the Executive Director, withdraw the
27
application.
28
(6) Without limiting subsection (1), the Executive Director may
29
approve different forms and the rules may prescribe different
30
information, documents or fees for different:
31
(a) classes of industrial chemicals; or
32
(b) categories of introduction; or
33
(c) circumstances of introduction; or
34
(d) classes of applications or applicants.
35
Miscellaneous Part 10
Section 168
No. , 2017
Industrial Chemicals Bill 2017
137
168 Ban on animal test data for applications for cosmetics
1
(1) Without limiting subsection 167(1), if an industrial chemical is to
2
be introduced for an end use solely in cosmetics, an application
3
under this Act relating to the introduction must meet the
4
requirement in subsection (2).
5
(2) The requirement is that the application must not include animal test
6
data obtained from tests conducted on or after 1 July 2018 in
7
circumstances prescribed by the rules for the purposes of this
8
subsection.
9
169 Calculating the consideration period for an application
10
(1) If a circumstance mentioned in column 1 of an item in the
11
following table applies in relation to an application, then for the
12
purposes of calculating the consideration period for the application,
13
exclude the period beginning on the day mentioned in column 2 of
14
the item and ending on the day mentioned in column 3 of the item.
15
16
Calculating excluded periods
Item
Column 1
Column 2
Column 3
If this circumstance
applies:
exclude the period
beginning on this day:
and ending on this
day:
1
Information is
requested from an
applicant under
section 33 or 45
The day notice of the
request is given
The earlier of:
(a) the day a complete
response is given to
the Executive
Director; or
(b) the last day of the
period specified in
the notice in
accordance with
subsection 33(2) or
45(2)
2
Advice is sought from
a prescribed body
under section 34 or 46
The day notice of the
request is given
The earlier of:
(a) the day a complete
response is given to
the Executive
Part 10 Miscellaneous
Section 169
138
Industrial Chemicals Bill 2017
No. , 2017
Calculating excluded periods
Item
Column 1
Column 2
Column 3
If this circumstance
applies:
exclude the period
beginning on this day:
and ending on this
day:
Director; or
(b) the last day of the
period specified in
the notice in
accordance with
subsection 34(4) or
46(4)
3
Advice is sought from
the Gene Technology
Regulator under
section 35 or 47
The day notice of the
request is given
The earlier of:
(a) the day a complete
response is given to
the request; or
(b) the last day of the
period specified in
the notice in
accordance with
subsection 35(3) or
47(3)
4
A draft assessment
statement is given to an
applicant under
section 36 or 48
The day the draft
assessment statement is
given
The earlier of:
(a) the day a complete
submission is
given; or
(b) the last day of the
period specified in
the notice in
accordance with
subsection 36(3) or
48(3)
5
Information is
requested from an
applicant under
section 55
The day notice of the
request is given
The earlier of:
(a) the day a complete
response is given to
the Executive
Director; or
(b) the last day of the
period specified in
the notice in
Miscellaneous Part 10
Section 169
No. , 2017
Industrial Chemicals Bill 2017
139
Calculating excluded periods
Item
Column 1
Column 2
Column 3
If this circumstance
applies:
exclude the period
beginning on this day:
and ending on this
day:
accordance with
subsection 55(2).
6
Advice is sought from
a prescribed body
under section 56
The day notice of the
request is given
The earlier of:
(a) the day a complete
response is given to
the Executive
Director; or
(b) the last day of the
period specified in
the notice in
accordance with
subsection 56(3)
7
Advice is sought from
the Gene Technology
Regulator under
section 57
The day notice of the
request is given
The earlier of:
(a) the day a complete
response is given to
the request; or
(b) the last day of the
period specified in
the notice in
accordance with
subsection 57(3)
8
Information is
requested from an
applicant under
section 90
The day notice of the
request is given
The earlier of:
(a) the day a complete
response is given to
the Executive
Director; or
(b) the last day of the
period specified in
the notice in
accordance with
subsection 90(2)
9
Information is
requested from an
applicant under
section 106
The day notice of the
request is given
The earlier of:
(a) the day a complete
response is given to
the request; or
Part 10 Miscellaneous
Section 169
140
Industrial Chemicals Bill 2017
No. , 2017
Calculating excluded periods
Item
Column 1
Column 2
Column 3
If this circumstance
applies:
exclude the period
beginning on this day:
and ending on this
day:
(b) the last day of the
period specified in
the notice in
accordance with
subsection 106(2)
10
A decision is made to
not approve an
application for
information to be
treated as confidential
business information
under
paragraph 108(1)(b)
The day notice of the
decision is given
The day the
reconsideration and
review rights under
section 166 in relation
to the decision have
been exhausted or have
expired
11
A notice is given to an
applicant under
subsection (3) of this
section
The day the notice is
given
The last day of the
period specified in
paragraph (3)(a) or (b)
of this section
1
(2) For the purposes of calculating the total number of days to be
2
excluded from a consideration period for an application under
3
subsection (1), if a day in a period to be excluded under an item in
4
the table in that subsection overlaps with a day in another period
5
calculated for the same or a different item, that day must only be
6
counted once.
7
(3) If the Executive Director receives information covered by
8
subsection (4), the Executive Director may, by written notice given
9
to the applicant, exclude a period from the calculation of the
10
consideration period equal to the following:
11
(a) for information relating to an application for an assessment
12
certificate, a variation of a term of an assessment certificate
13
or a variation of a term of an Inventory listing--20 working
14
days after the day the notice is given;
15
Miscellaneous Part 10
Section 170
No. , 2017
Industrial Chemicals Bill 2017
141
(b) for information relating to an application for a commercial
1
evaluation authorisation or a variation to a term of a
2
commercial evaluation authorisation--10 working days after
3
the day the notice is given.
4
(4) Information is covered by this subsection if:
5
(a) the information is given to the Executive Director in relation
6
to an application before a decision has been made on the
7
application; and
8
(b) the information is about hazards to human health or the
9
environment relating to the application; and
10
(c) the Executive Director is satisfied that in considering the
11
application, having regard to the information would involve
12
significant additional time and effort.
13
170 Additional provisions about fees
14
(1) The rules may prescribe circumstances in which the Executive
15
Director may, on behalf of the Commonwealth, wholly or partly
16
waive fees that would otherwise be payable under a provision of
17
this Act.
18
(2) A fee that is payable under a provision of this Act must not be such
19
as to amount to taxation.
20
171 Protection from civil actions
21
(1) This section applies to:
22
(a) the Secretary of the Department; and
23
(b) the Executive Director; and
24
(c) a person assisting the Executive Director in accordance with
25
section 153 or 154.
26
(2) A person mentioned in subsection (1) is not liable to an action or
27
other proceeding for damages for, or in relation to, an act done or
28
omitted to be done in good faith by the person:
29
(a) in the performance, or purported performance, of any
30
functions under this Act; or
31
Part 10 Miscellaneous
Section 172
142
Industrial Chemicals Bill 2017
No. , 2017
(b) in the exercise, or purported exercise, of any powers under
1
this Act.
2
172 Executive Director may use computer programs to make
3
decisions
4
(1) The Executive Director may arrange for the use, under the
5
Executive Director's control, of computer programs for any
6
purposes for which the Executive Director may or must take
7
administrative action under this Act.
8
(2) Administrative action taken by the operation of a computer
9
program under such an arrangement is, for the purposes of this Act,
10
taken to be administrative action taken by the Executive Director.
11
(3) The Executive Director may substitute a decision for a decision the
12
Executive Director is taken to have made under subsection (2) if
13
the Executive Director is satisfied that the decision made by the
14
operation of the computer program is incorrect.
15
173 Copies of documents
16
The Executive Director may inspect a document produced under a
17
provision of this Act and may make and retain copies of, or take
18
extracts from, such a document.
19
174 Executive Director may retain documents
20
(1) The Executive Director may take, and retain for as long as is
21
necessary, possession of a document produced under a provision of
22
this Act.
23
(2) The person otherwise entitled to possession of the document is
24
entitled to be supplied, as soon as practicable, with a copy certified
25
by the Executive Director to be a true copy.
26
(3) The certified copy must be received in all courts and tribunals as
27
evidence as if it were the original.
28
(4) Until a certified copy is supplied, the Executive Director must, at
29
such times and places as the Executive Director thinks appropriate,
30
Miscellaneous Part 10
Section 175
No. , 2017
Industrial Chemicals Bill 2017
143
permit the person otherwise entitled to possession of the document,
1
or a person authorised by that person, to inspect and make copies
2
of, or take extracts from, the document.
3
175 Self-incrimination
4
(1) An individual is not excused from giving information or producing
5
a document under section 161 on the ground that the information
6
or the production of the document might tend to incriminate the
7
individual or expose the individual to a penalty.
8
(2) However:
9
(a) the information given or the document produced; or
10
(b) giving the information or producing the document; or
11
(c) any information, document or thing obtained as a direct or
12
indirect consequence of giving the information or producing
13
the document;
14
is not admissible in evidence against the individual:
15
(d) in criminal proceedings other than proceedings for a
16
contravention of subsection 162(1) or proceedings for an
17
offence against section 137.1 or 137.2 of the Criminal Code
18
that relates to section 161 or 162; or
19
(e) in civil proceedings other than proceedings for the recovery
20
of a penalty in relation to a contravention of
21
subsection 162(1).
22
176 Delegations by Minister
23
(1) The Minister may, in writing, delegate his or her powers or
24
functions under section 145, 147, 148 or 152 to:
25
(a) the Secretary of the Department; or
26
(b) an SES employee, or an acting SES employee, in the
27
Department.
28
(2) In exercising powers or functions under a delegation, the delegate
29
must comply with any directions of the Minister.
30
Part 10 Miscellaneous
Section 177
144
Industrial Chemicals Bill 2017
No. , 2017
177 Delegations by Executive Director
1
(1) The Executive Director may, in writing, delegate any or all of his
2
or her powers or functions under this Act to:
3
(a) an APS employee who holds, or is acting in, an Executive
4
Level 1, or equivalent, position in the Department; or
5
(b) an official of another non-corporate Commonwealth entity
6
who holds, or is acting in, an Executive Level 1, or
7
equivalent, position in the entity.
8
(2) In exercising powers or functions under a delegation, the delegate
9
must comply with any directions of the Executive Director.
10
178 Compensation for acquisition of property
11
(1) If the operation of this Act would result in an acquisition of
12
property (within the meaning of paragraph 51(xxxi) of the
13
Constitution) from a person otherwise than on just terms (within
14
the meaning of that paragraph), the Commonwealth is liable to pay
15
a reasonable amount of compensation to the person.
16
(2) If the Commonwealth and the person do not agree on the amount
17
of the compensation, the person may institute proceedings in the
18
Federal Court of Australia or the Supreme Court of a State or
19
Territory for the recovery from the Commonwealth of such
20
reasonable amount of compensation as the court determines.
21
179 Annual report
22
The annual report prepared by the Secretary of the Department and
23
given to the Minister under section 46 of the Public Governance,
24
Performance and Accountability Act 2013 for a period must
25
include a report from the Executive Director on the operation of
26
this Act during the period.
27
180 Rules
28
(1) The Minister may, by legislative instrument, make rules
29
prescribing matters:
30
Miscellaneous Part 10
Section 180
No. , 2017
Industrial Chemicals Bill 2017
145
(a) required or permitted by this Act to be prescribed by the
1
rules; or
2
(b) necessary or convenient to be prescribed for carrying out or
3
giving effect to this Act.
4
(2) To avoid doubt, the rules may not do the following:
5
(a) create an offence or civil penalty;
6
(b) provide powers of:
7
(i) arrest or detention; or
8
(ii) entry, search or seizure;
9
(c) impose a tax;
10
(d) set an amount to be appropriated from the Consolidated
11
Revenue Fund under an appropriation in this Act;
12
(e) directly amend the text of this Act.
13
(3) Despite subsection 14(2) of the Legislation Act 2003, the rules may
14
make provision in relation to a matter by applying, adopting or
15
incorporating, with or without modification, any matter contained
16
in any other instrument or other writing as in force or existing from
17
time to time.
18
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