Legislation (Deferral of Sunsetting—Cosmetics Standard) Certificate 2017

I, George Brandis QC, Attorney‑General, make the following certificate.

Dated 28 September 2017

George Brandis QC

Attorney‑General

Contents

1 Name

2 Commencement

3 Authority

4 Definitions

5 Statement of reasons for issue of certificate

6 Deferral of sunsetting of the Standard

7 Repeal of this instrument

1  Name

  This instrument is the Legislation (Deferral of Sunsetting—Cosmetics Standard) Certificate 2017.

2  Commencement

 (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

 (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

  This instrument is made under paragraph 51(1)(c) of the Legislation Act 2003.

4  Definitions

  In this instrument:

Legislation Act means the Legislation Act 2003.

NICNAS means the National Industrial Chemicals Notification and Assessment Scheme under the Industrial Chemicals (Notification and Assessment) Act 1989.

Standard means the Cosmetics Standard 2007.

5  Statement of reasons for issue of certificate

  For the purposes of paragraph 51(2)(a) of the Legislation Act, this section sets out the statement of the reasons for the issue of this certificate.

Statement of reasons

  I am satisfied that the Standard would, apart from the operation of Part 4 of Chapter 3 of the Legislation Act, be likely to cease to be in force within 12 months after the sunsetting day for the Standard.

  The Standard, made under section 81 of the Industrial Chemicals (Notification and Assessment) Act 1989, is administered by NICNAS and contains definitions and performance requirements for skin care products containing sunscreen, as well as standards for the presentation of certain cosmetic products to consumers in Australia.

  Proposed reforms to the industrial chemicals regulatory scheme do not include continued responsibility for regulation of cosmetic products and administration of the Standard by NICNAS.

  Primary legislation implementing these reforms is currently before Parliament and, if passed, is anticipated to commence on 1 July 2018. Once that legislation commences, the enabling and enforcement provisions for the Standard will be repealed and the Standard will cease to be in force.

  The Standard is due to sunset on 1 October 2017. A 12 month deferral of the sunsetting day for the Standard will avoid the need to remake it in its current form for the short period before it ceases to be in force.

6  Deferral of sunsetting of the Standard

  The Standard, for which the sunsetting day is 1 October 2017, is taken to cease to be in force under section 51 of the Legislation Act on 1 October 2018.

7  Repeal of this instrument

  This instrument is repealed at the start of 2 October 2018.