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Acts
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Details: C2012C00082
Industrial Chemicals (Notification and Assessment) Act 1989
- C2012C00082
No longer in force
View Series
Act No. 8 of 1990 as amended, taking into account amendments up to Acts Interpretation Amendment Act 2011
An Act to establish a national system of notification and assessment of industrial chemicals, to provide for registration of certain persons proposing to introduce industrial chemicals, to provide for national standards for cosmetics imported into, or manufactured in, Australia, and for related purposes
Administered by: Health
Incorporated Amendments
Acts Interpretation Amendment Act 2011 - C2011A00046
sch 2 (items 702-707)
Registered
10 Jan 2012
Start Date
27 Dec 2011
End Date
21 Sep 2012
Date of repeal
01 Jul 2020
Repealed by
Industrial Chemicals (Consequential Amendments and Transitional Provisions) Act 2019
Details
Expand
C2012C00082
Table of contents.
Text
Part 1—Preliminary
1 Short title [see Note 1]
2 Commencement [see Note 1]
3 Objects of Act
4 Additional operation of Act
5 Interpretation
6 Meaning of chemical
7 Meaning of industrial chemical
7A Meaning of value of relevant industrial chemicals etc.
8 Application of Act
9 Act to bind Crown
10 Relationship to other Commonwealth laws etc.
10AA Application of Criminal Code
10A Consultation with Gene Technology Regulator
10B Director may seek advice about classes of GM products
10C Director to take advice into account
Part 2—Australian Inventory of Chemical Substances
Division 1—Keeping of Inventory
11 Inventory
12 Content of Inventory
13 Conditions of use etc. of, and other information about, chemicals
13A Director to notify of inclusion or variation of particulars
13B Inclusion of new industrial chemical in non-confidential section of Inventory before 5 years
14 Inclusion of new industrial chemical in Inventory after 5 years
15 Inventory to be publicly available
15A Offence for failing to comply with conditions of use etc.
Division 1A—Inclusion of previously regulated chemicals in Inventory
15AA Proposal to include previously regulated chemical in Inventory
15AB Inclusion of previously regulated chemical in Inventory
Division 2—Confidential Section of Inventory
16 Confidential section
17 Holder of a confidence
18 Effect of inclusion in confidential section
18A Transfer of industrial chemical from non-confidential section to confidential section
19 Transfer of industrial chemical from confidential section to non-confidential section
Division 3—Amendment of Inventory
20 Amendment of Inventory
20AA Chemicals wrongly included in the Inventory
20AB Details of trade name products
Part 3—Notification and Assessment of Industrial Chemicals
Division 1—New Industrial Chemicals to be Assessed
21 Introduction of new industrial chemicals
21AA Annual reporting obligations for introductions under section 21
21AAA Exempt information supplied under section 21AA
21AB List of chemicals and summary of information
Division 1A—Commercial Evaluation Permit System
21A Object of commercial evaluation permit system
21B Application for commercial evaluation permit or renewal of permit
21C Joint applications
21D Form of application etc.
21E Restrictions on applications
21F Director may request further information about application
21G Grant of commercial evaluation permit
21H Refusal of application
21J Notice of permit to be published in Chemical Gazette
21K Duration of commercial evaluation permit
21L Conditions of commercial evaluation permit
21M Additional operation of section 21L
21N Cancellation of commercial evaluation permit
21P Exempt information
Division 1B—Low Volume Chemicals Permit System
21Q Object of permit system for low volume chemicals
21R Who may apply for permit or renewal of permit
21S How application is to be made
21SA Director may request further information about application
21T Applicant may withdraw or amend application
21U Determination of application
21V Duration of permit
21W Permit may be subject to conditions
21X Form of permit
21Y Notice of permit to be published in Chemical Gazette
21Z Notice of refusal of application
21ZA List of low volume chemicals
21ZB Exempt information
Division 1C—Controlled use permit system
22A Object of controlled use permit system
22B Who may apply for permit or renewal of permit
22C How application is to be made
22D Director may request further information about application
22E Applicant may withdraw or amend application
22F Determination of application
22G Duration of permit
22H Permit may be subject to conditions
22I Offence for contravention of permit
22J Cancellation of permit
22K Form of permit
22L Notice of permit to be published in Chemical Gazette
22M Notice of refusal of application
22N List of controlled use chemicals
22O Exempt information
Division 2—Notification Procedures before Assessment
22P Object and overview of assessment certificates
23 Application for a non-self-assessed assessment certificate for any chemical
23A Application for a self-assessed assessment certificate for certain chemicals
24 Variation of requirements of section 23
24A Variation of requirement for notification statement in case of polymers of low concern
25 Exempt information about new industrial chemical
26 Withdrawal of application
27 Director may require further information
28 Applicants to give further information
29 Further exempt information
30 Permits allowing introduction before assessment
30A Application for early introduction of non-hazardous chemicals
30AA Dual applications for introduction permits
30B Exempt information about early introduction
30C Revocation of permit
Division 3—Assessment, self-assessment and reports
31 Assessment of chemical
31A Time periods for applications for non-self-assessed assessment certificates under section 23
31B Time periods for applications for self-assessed assessment certificates under section 23A
32 Nature of non-self-assessed assessment
33 Contents of non-self-assessed assessment report
33A Nature of self-assessed assessment
33B Contents of self-assessed assessment report
33C Moving from the self-assessed system to the non-self-assessed system
34 Public report of assessment
36 Notice to applicant on completing report
37 Application for variation of assessment report
38 Publication of report
39 Giving of assessment certificates
40 Application for variation of public report
Division 3A—Extension of original assessment certificates
40A Application for extension of original assessment certificate to cover other importers or manufacturers
40B Requests for additional information
40C Applicants to give further information
40D Exempt information
40E Director to prepare modifications of original assessment report
40F Variation of additional information
40G Publication of modifications
40H Extensions of original assessment certificate
40J Withdrawal of application
Division 3B—Obligations relating to certain permits and self-assessed assessment certificates
40K Record keeping requirements
40L Director may obtain information and documents
40M Self-incrimination
40N Annual reports
Division 4—Effect of Other Notification Schemes
41 Approved State and Territory notification procedures
42 Exempt information given under section 41
43 Approved foreign scheme
44 Chemical notified and assessed under approved foreign scheme
45 Exempt information given under section 44
46 Interim Notification Scheme
Division 5—Priority Existing Chemicals
Subdivision A—Application
47 Application of Division
Subdivision B—Information for decision on recommendation
48 Information about use and introduction of chemicals
50 Exempt information supplied under section 48
50A Summary of information given under section 48
Subdivision C—Declaration of priority existing chemicals
50B Recommendation of declaration of priority existing chemical
51 Declaration of priority existing chemicals
54 List of priority existing chemicals
Subdivision D—Assessment of priority existing chemicals
55 Applications for assessment of priority existing chemicals
56 Introduction of priority existing chemicals
57 Assessment of priority existing chemical
58 Obtaining information for assessment
59 Time for compliance with varied notice
60 Exempt information about priority existing chemical
60A Nature of assessment
60B Contents of assessment reports
60C Draft assessment report
60D Checking draft assessment report for errors
60E Variation of draft assessment report
60F Publication of final assessment report
61 Prohibition of priority existing chemical until assessment complete
62 Publication of final assessment report revokes declaration
63 Removal of priority existing chemical from Inventory
Division 6—Secondary Notification after Assessment
64 Introducer to notify Director of certain matters
65 Secondary notification
66 Exempt information about chemicals subject to secondary notification
67 Failure to comply with secondary notification requirements
68 Secondary notification assessment of new industrial chemicals
68A Assessment of existing chemicals of which secondary notification required
69 Obtaining information for purposes of assessment
70 Variation of assessment certificate on secondary notification
71 List of chemicals requiring secondary notification
72 Revocation of requirement for secondary notification
Division 7—Assessment Certificates
73 Transfer of assessment certificates
74 Record of assessment certificates
Division 8—Confidentiality
75 Exempt information
76 Confidentiality by Director etc.
Division 9—Access to Assessment Information
78 Material Safety Data Sheets to be available
79 Disclosure of exempt information in certain circumstances
80 Notice of disclosure of information
Part 3A—Registration of introducers of industrial chemicals
Division 1—Preliminary
80A Overview of this Part
80B Person must be registered to introduce relevant industrial chemicals
Division 2—The Register
80C Establishment of Register
80D Content of Register
Division 3—Registration
80E Applying for new registration
80F Application for new registration
80G Grant of application for new registration
80H Certificate of registration
80J Registration period
80K Applying for renewal of registration
80KA Renewal applications made for next year
80KB Late renewal applications are subject to a penalty
80KC Director must give notice of renewal decision
80L Withdrawal of application
80M Time for dealing with applications
80N Director may require further information
80P Cancellation or endorsement of registration in certain cases
80Q Certain registered persons to provide final statements concerning introduction
80QA Assessment of registration charge by Director in respect of certain registered persons
80QB Fresh assessments
80QC Reconsideration and review of assessments
80QD Retention of records by certain registered persons
80R Transfer of registration
Division 4—Registration charge
80S Registration charge
80T Amount of charge
80U Waiver or remission of charge
Division 5—Miscellaneous
80W Power of the Director to obtain information
Part 3B—Standards for cosmetics imported into, or manufactured in, Australia
81 Setting standards
81A Complying with standards
Part 4—Enforcement
Division 1—Offences, injunctions and charge recovery
82 Knowledge of chemical to which charge relates
83 Injunctions
83A Recovery of registration charge
Division 2—Inspectors
84 Appointment of inspectors
85 Identity cards
86 Searches to monitor compliance with Act etc.
87 Offence-related searches and seizures
88 Power to require information and documents
89 Exempt information given to inspectors
Part 5—Administration
90 Director
91 Functions of Director
92 Terms and conditions of appointment of Director
93 Remuneration of Director
94 Leave of absence of Director
95 Resignation of Director
96 Termination of appointment of Director
97 Acting Director
98 Disclosure of interests of Director
99 Arrangements relating to staff of the Department
100 Arrangements relating to staff of Departments
100A Industrial Chemicals Account
100B Credits to Account
100C Purposes of the Account
Part 5A—Information exchange under the Rotterdam Convention
Division 1—Definitions
100D Definitions
Division 2—Notification of final regulatory action
100E Notification of final regulatory action
Division 3—Exchange of certain information about industrial chemicals
100F Exchange of certain information about industrial chemicals
Division 4—Information gathering
100G Director may obtain information and documents
100H Self-incrimination
100J Copies of documents
100K Director may retain documents
Part 6—Miscellaneous
101 Legal proceedings not to lie
102 Application for review
103 Statement to accompany notice of decisions
104 Delegation by Minister
104A Delegation by Director
105 Variation of Schedule
106 International agreements or arrangements on movements of industrial chemicals into or out of Australia
107 Chemical Gazette
108 Annual report
109 Conduct by servants or agents
110 Fees
110A Late renewal penalties
110B Approved forms may be electronic
110C Chemical Gazette to be publicly available
111 Regulations
Schedule—Matters to be dealt with in notification statement about chemical
Part A
Part B
Part C
Part D
Part E
Notes
TOC
HIDE
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