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Industrial Chemicals Act 2019
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Administered by
Department of Health and Aged Care
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C2024C00495 (C06)
14 October 2024
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Part 1—Preliminary
1 Short title
2 Commencement
3 Act binds the Crown
4 Alternative constitutional basis for this Act
5 Extension to external Territories
6 Relationship to other laws
7 Objects of this Act
8 Simplified outline of this Act
9 Definitions
10 Definition of industrial chemical
11 Application of this Act to excluded introductions
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Part 2—Registration of industrial chemical introducers
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Division 1—Simplified outline of this Part
12 Simplified outline of this Part
Division 2—Registration
13 Introducers must be registered
14 Establishment of Register
15 Content of Register
16 Applying for registration
17 Grant of registration
18 Correction of register
19 Cancellation of registration
Division 3—Registration charge
20 Registration charge
21 Amount of registration charge
22 Other matters relating to registration charge
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Part 3—Categorisation and assessment of industrial chemicals
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Division 1—Simplified outline of this Part
23 Simplified outline of this Part
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Division 2—Introduction categories
24 Introductions must be authorised
25 Listed introductions
26 Exempted introductions
27 Reported introductions
28 Assessed introductions
29 Commercial evaluation introductions
30 Exceptional circumstances introductions
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Division 3—Assessment certificates
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Subdivision A—Obtaining a certificate
31 Applying for a certificate
32 Executive Director must consider application
33 Executive Director may request further information
34 Consultation with prescribed bodies
35 Consultation with Gene Technology Regulator
36 Submissions on draft assessment statement
37 Issue of certificate and assessment statement
38 Content of certificate
39 When certificate is in force
Subdivision B—Changes to certificate holders or persons covered by a certificate
40 Applying to change persons covered
41 Applying to change certificate holders
42 Changing certificate holders on Executive Director’s initiative
Subdivision C—Varying the terms of an assessment certificate
43 Applying for a variation of the terms of an assessment certificate
44 Executive Director must consider application
45 Executive Director may request further information
46 Consultation with prescribed bodies
47 Consultation with Gene Technology Regulator
48 Submissions on draft assessment statement
49 Issue of varied assessment certificate and assessment statement
50 Variations on Executive Director’s initiative
Subdivision D—Cancelling an assessment certificate
51 Applying to cancel a certificate
52 Cancelling on Executive Director’s initiative
Division 4—Commercial evaluation authorisations
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Subdivision A—Obtaining an authorisation
53 Applying for an authorisation
54 Executive Director must consider application
55 Executive Director may request further information
56 Consultation with prescribed bodies
57 Consultation with Gene Technology Regulator
58 Issue of authorisation
59 Content of authorisation
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Subdivision B—Changing authorisation holders
60 Applying to change authorisation holders
61 Changing authorisation holders on Executive Director’s initiative
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Subdivision C—Varying the terms of an authorisation
62 Applying for a variation of the terms of an authorisation
63 Issue of varied authorisation
64 Variations on Executive Director’s initiative
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Subdivision D—Cancelling an authorisation
65 Applying to cancel an authorisation
66 Cancelling on Executive Director’s initiative
Division 5—Exceptional circumstances authorisations
67 Exceptional circumstances authorisations
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Part 4—Evaluations initiated by Executive Director
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Division 1—Simplified outline of this Part
68 Simplified outline of this Part
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Division 2—Evaluations of introductions authorised by an assessment certificate
69 Executive Director may initiate evaluation
70 Executive Director may require information
71 Consultation with prescribed bodies
72 Submissions on draft evaluation statement
73 Issue of evaluation statement
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Division 3—Evaluations of other introductions or matters
74 Executive Director may initiate evaluation
75 Consultation to inform evaluation
76 Executive Director may require information
77 Person must comply with requirement to provide information
78 Issue of evaluation statement
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Part 5—Australian Inventory of Industrial Chemicals
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Division 1—Simplified outline of this Part
79 Simplified outline of this Part
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Division 2—Establishment and contents of Inventory
80 Establishment of the Inventory
81 Contents of the Inventory
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Division 3—Inclusion of industrial chemicals on Inventory
82 Listing on Inventory after 5 years
83 Listing on Inventory before 5 years
84 Listing on Inventory in other circumstances
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Division 4—Varying the Inventory
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Subdivision A—Variation on Executive Director’s initiative and variation relating to subsequent assessment certificates
85 Minor variations
86 Variations following an evaluation by the Executive Director
87 Variations relating to subsequent assessment certificates
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Subdivision B—Variation on application
88 Applying for variation of listing
89 Executive Director must consider application
90 Executive Director may request further information
91 Consultation with prescribed bodies
92 Consultation with Gene Technology Regulator
93 Decision on application
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Subdivision C—Variation following revocation of confidential business information approval
94 Variation following revocation of confidential business information approval
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Subdivision D—Removing listed industrial chemicals
95 Removing listed industrial chemicals
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Part 6—Information, reporting and confidentiality
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Division 1—Simplified outline of this Part
96 Simplified outline of this Part
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Division 2—Reporting
96A Post introduction declarations for exempted introductions
97 Pre introduction reports for reported introductions
98 Varying the terms of a pre introduction report
99 Annual declaration for all introduction categories
100 Obligation to report information about hazards
101 Specific obligations to provide information
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Division 3—Record keeping and information gathering
102 Information required to demonstrate categorisation
103 Ban on animal test data for determining category for cosmetics
104 Record keeping for all categories
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Division 4—Confidentiality and disclosure
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Subdivision A—Confidentiality of proper name or end use in certain circumstances
105 Applying for protection
106 Executive Director may request further information
107 Consultation with prescribed bodies
108 Decision on application
109 When an AACN or generalised end use must be used
110 Notice of review of protection
111 Applying for continued protection
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Subdivision B—Confidentiality of information in other circumstances
112 Providing notice of intention to apply for protection
113 Notice of intention to publish information must be given
113A Executive Director may request further information
114 Decision on application
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Subdivision C—Disclosure of information
115 Disclosing information
116 Disclosure in the course of exercising powers, or performing functions or duties
117 Disclosure to certain other entities
118 Disclosure with consent
119 Disclosure of publicly available information
120 Disclosure to a bona fide introducer
121 Disclosure to person to whom protected information relates
122 Disclosure to person from whom protected information was obtained
123 Disclosure to a Court, tribunal etc.
124 Disclosure for the purposes of law enforcement
125 Disclosure to reduce serious risk to public health
126 Disclosure to reduce serious risk to the environment
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Part 7—Enforcement
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Division 1—Simplified outline of this Part
127 Simplified outline of this Part
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Division 2—Monitoring and investigation powers
128 Monitoring powers
129 Investigation powers
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Division 3—Civil penalty provisions, infringement notices and injunctions
130 Civil penalty provisions
131 Infringement notices
132 Enforceable undertakings
133 Injunctions
134 Extension to external Territories
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Division 4—Miscellaneous
135 Physical elements of offences
136 Contravening an offence provision or a civil penalty provision
137 Appointment of authorised inspectors
138 Delegations by relevant chief executive
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Part 8—Administration
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Division 1—Simplified outline of this Part
139 Simplified outline of this Part
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Division 2—Australian Industrial Chemicals Introduction Scheme and the Executive Director
140 Australian Industrial Chemicals Introduction Scheme
141 Executive Director
142 Functions of Executive Director
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Division 3—Appointment of the Executive Director
143 Appointment
144 Term of appointment
145 Acting Executive Director
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Division 4—Terms and conditions for the Executive Director
146 Remuneration and allowances
147 Leave of absence
148 Outside employment
149 Disclosure of interests
150 Resignation of Executive Director
151 Termination of appointment of Executive Director
152 Other terms and conditions of appointment of Executive Director
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Division 5—Persons assisting the Executive Director
153 Arrangements relating to staff of the Department
154 Other persons assisting the Executive Director
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Division 6—Industrial Chemicals Special Account
155 Industrial Chemicals Special Account
156 Credits to Industrial Chemicals Special Account
157 Purposes of the Industrial Chemicals Special Account
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Part 9—International agreements and arrangements
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Division 1—Simplified outline of this Part
158 Simplified outline of this Part
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Division 2—Information exchange under the Rotterdam Convention
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Subdivision A—Notification of ban or restriction
159 Notification of ban or restriction on introduction or use
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Subdivision B—Exchange of certain information
160 Exchange of certain information about industrial chemicals
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Subdivision C—Information gathering
161 Executive Director may obtain information and documents
162 Person must comply with notice under section 161
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Division 3—Movements of industrial chemicals into or out of Australia
163 Movements of industrial chemicals into or out of Australia
164 Introducing or exporting if prohibited or restricted
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Part 10—Miscellaneous
165 Simplified outline of this Part
166 Reconsideration and review of decisions
167 General requirements for applications
168 Ban on animal test data for applications for cosmetics
169 Calculating the consideration period for an application
170 Additional provisions about fees
171 Protection from civil actions
172 Executive Director may use computer programs to make decisions
173 Copies of documents
174 Executive Director may retain documents
175 Self incrimination
176 Delegations by Minister
177 Delegations by Executive Director
178 Compensation for acquisition of property
179 Annual report
180 Rules
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Endnotes
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
