Part 1
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Commonwealth act
This Act has been repealed and is no longer in force. It is retained for historical reference.
No plain-English breakdown of this one yet.
Zoe can read the full text and write a clear summary plus a deeper analysis of what it does, who it affects and how it works.
Direct links to the current provisions in Industrial Chemicals (Notification and Assessment) Act 1989.
This Act may be cited as the Industrial Chemicals (Notification and Assessment) Act 1989.
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (3) If a provision referred to in subsection (2) does not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
The objects of this Act are to provide for: (a) a national system of notification and assessment of industrial chemicals for the purposes of: (i) aiding in the protection of the Australian people and the environment by finding out the risks to occupational health and safety, to public health and to the environment that could be associated with the importation, manufacture or use of the chemicals; and (ii) providing information, and making recommendations, about the chemicals to Commonwealth, State and Territory bodies with responsibilities for the regulation of industrial chemicals; and (iii) giving effect to Australia’s obligations under international agreements relating to the regulation of chemicals; and (iv) collecting statistics in relation to the chemicals; being a system under which information about the properties and effects of the chemicals is obtained from importers and manufacturers of the chemicals; and (b) national standards for cosmetics imported into, or manufactured in, Australia and the enforcement of those standards.
Without prejudice to its effect apart from this section, this Act also has, because of this section, the effect it would have if the references to the manufacture of industrial chemicals or cosmetics in Australia were, by express provision, confined to: (a) the manufacture of those chemicals or cosmetics in Australia: (i) by foreign corporations, within the meaning of paragraph 51(xx) of the Constitution; or (ii) by trading corporations formed within the limits of the Commonwealth, within the meaning of that paragraph; or (iii) for supply in the course of trade and commerce with other countries, among the States, within a Territory, between a State and Territory or between 2 Territories; or (iv) for supply to, or to an authority or instrumentality of, the Commonwealth or a Territory; and (b) the manufacture of those chemicals or cosmetics in a Territory.
(1) In this Act, unless the contrary intention appears:
ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail published by the Federal Office of Road Safety of the Transport Department as in force from time to time.
approved means approved by the Director.
approved foreign scheme means a notification and assessment scheme approved by the Minister under section 43.
assessment certificate means a certificate given under section 39.
assessment information, in relation to an industrial chemical, means information about a matter of which account would be taken in the assessment of the chemical, being a matter specified in paragraph 32(2)(a), (b), (c), (d), (e) or (f).
assessment report means a report under section 31, 57, 68 or 68A.
Australia, when used in a geographical sense, includes the external Territories.
basic information, in relation to a chemical, means all the following information:
(a) the name or names by which the chemical is known to the public or is intended by its importer or manufacturer to be so known;
(b) the chemical’s general uses;
(c) the precautions and restrictions to be observed in the manufacture, handling, storage, use and disposal of the chemical;
(d) recommendations arising from the assessment of the chemical under this Act that relate to disposing of the chemical and rendering it harmless;
(e) the procedures to be followed in the event of an emergency involving the chemical;
(f) prescribed physical and chemical data about the chemical, not being data that would reveal the chemical’s composition;
(g) prescribed data relating to the health effects or the environmental effects of the chemical.
biopolymer means:
(a) a polymer directly produced by living or once‑living cells or cellular components; or
(b) a synthetic equivalent of a polymer referred to in paragraph (a); or
(c) a derivative or modification of a polymer referred to in paragraph (a) in which the original polymer remains substantially intact.
chargeable person, in relation to a registration year, means:
(a) a person who proposes to introduce relevant industrial chemicals in that registration year of a value that equals or exceeds the threshold value if that person:
(i) did not introduce relevant industrial chemicals in the previous financial year; or
(ii) introduced relevant industrial chemicals in the previous financial year of a value less than the threshold value; or
(b) a person who proposes to introduce relevant industrial chemicals in that registration year of any value if that person introduced relevant industrial chemicals in the previous financial year of a value that equalled or exceeded the threshold value.
chemical has the meaning given in section 6.
Chemical Gazette means an issue of the Gazette published:
(a) unless the regulations prescribe days for the purposes of this definition—on the first Tuesday in any month; or
(b) where the regulations prescribe days for those purposes—on any of the prescribed days.
chemical name, in relation to a chemical, means:
(a) in the case of a pure chemical—the Chemical Abstracts preferred Index Name, or, if such a name is not available, the name used, or to be used, by the International Union for Pure and Applied Chemistry; or
(b) in any other case—a complete description of the chemical;
including, in the case of a biopolymer, a description of the biological source of the biopolymer.
commercial includes financial.
commercial evaluation, in relation to an industrial chemical, means testing the chemical with a view to ascertaining its potential for commercial application.
commercial evaluation permit means a permit under section 21G.
confidential section means the section of the Inventory referred to in subsections 12(4) and (4A).
controlled use permit means a permit under section 22F.
cosmetic means:
(a) a substance or preparation intended for placement in contact with any external part of the human body, including:
(i) the mucous membranes of the oral cavity; and
(ii) the teeth;
with a view to:
(iii) altering the odours of the body; or
(iv) changing its appearance; or
(v) cleansing it; or
(vi) maintaining it in good condition; or
(vii) perfuming it; or
(viii) protecting it; or
(b) a substance or preparation prescribed by regulations made for the purposes of this paragraph;
but does not include: (c) a therapeutic good within the meaning of the Therapeutic Goods Act 1989; or (d) a substance or preparation prescribed by regulations made for the purposes of this paragraph.
Note: An ingredient or component of a cosmetic could be an industrial chemical.
dangerous good has the meaning given by the ADG Code.
Department means an Agency within the meaning of the Public Service Act 1999.
development does not include tests that relate solely to the commercial evaluation of a product or process.
Director means the Director, National Industrial Chemicals Notification and Assessment Scheme, appointed under section 90.
disposal, in relation to a chemical or cosmetic, includes disposal of waste resulting from the manufacture or use of the chemical or cosmetic.
environment includes all aspects of the surroundings of humans, whether affecting them as individuals or in social groupings.
environmental effect, in relation to an industrial chemical, means the effect on the environment of the importation, manufacture, handling, storage, use or disposal of the chemical.
excluded use has the meaning given by subsection 7(2).
exempt information means information about which the Director has given a notification under section 75, and includes information for which an application for treatment as exempt information has been made under this Act but not finalised.
Note: See also subsection 89(3).
existing chemical means an industrial chemical other than a new industrial chemical.
export, in relation to an industrial chemical, means do an act that constitutes exportation of the chemical for the purposes of the Customs Act 1901, or would constitute such exportation if that Act extended to the external Territories.
factory cost, in relation to the industrial chemicals manufactured by a person, means the total of:
(a) the cost of labour involved in the manufacture; and
(b) the cost of materials involved in the manufacture other than the cost of any relevant industrial chemical:
(i) that is used as an ingredient in the manufacturing; and
(ii) in respect of which an amount of registration charge has been paid; and
(c) the factory overhead expenses;
incurred by the person in respect of the manufacture of the first‑mentioned chemicals.
Gene Technology Regulator has the same meaning as in the Gene Technology Act 2000.
GM product has the same meaning as in the Gene Technology Act 2000.
handling, in relation to a chemical or cosmetic, includes transporting the chemical or cosmetic.
hazardous chemical has the meaning prescribed by the regulations.
health effect, in relation to an industrial chemical, means the effect on occupational health and safety or on public health of the importation, manufacture, handling, storage, use or disposal, of the chemical.
holder, in relation to a permit or an assessment certificate, means a person in respect of whom the permit or certificate is issued.
holder of a confidence, in relation to an industrial chemical, means a person who under section 17 is to be treated as the holder of a confidence about the chemical.
import, in relation to an industrial chemical or a cosmetic, means do an act which constitutes importation of the chemical or cosmetic for the purposes of the Customs Act 1901, or would constitute such importation if that Act extended to the external Territories.
importer, in relation to an industrial chemical, means a person who imports or proposes to import the chemical.
incidentally‑produced chemical means a chemical that is produced as a result of:
(a) the exposure of another chemical to light, heat or other environmental conditions in the course of handling or storage; or
(b) the occurrence of a chemical reaction during the manufacture or use of another chemical;
but does not include a chemical whose production has commercial value for a person manufacturing, handling, storing or using that other chemical.
industrial chemical has the meaning given in section 7.
information, in relation to an industrial chemical, includes:
(a) information about the result of a test relating to the chemical; and
(b) other information about such a test.
inspector means:
(a) a person appointed as an inspector under subsection 84(1); or
(b) an officer of the Public Service of a State or Territory to whom an arrangement referred to in subsection 84(2) applies.
introduction, in relation to an industrial chemical, means the importation, or manufacture in Australia, of the chemical.
introduction permit means a permit under section 30 or 30A.
Inventory means the Australian Inventory of Chemical Substances referred to in section 11.
listed industrial chemical means an industrial chemical whose particulars are included in the Inventory.
low volume chemical means an industrial chemical in respect of which a low volume permit is in force.
low volume permit means a permit under subsection 21U(2) or (2A).
manufacturer, in relation to an industrial chemical, means a person who manufactures or proposes to manufacture the chemical in Australia.
modifications includes additions, substitutions and omissions.
monomer means a chemical the molecules of which are capable of forming covalent bonds with 2 or more like or unlike molecules under the conditions of the relevant polymer‑forming reactions used for a particular process of polymer formation.
naturally‑occurring chemical means:
(a) an unprocessed chemical occurring in a natural environment; or
(b) a chemical occurring in a natural environment, being a substance that is extracted by:
(i) manual, mechanical or gravitational means; or
(ii) dissolution in water; or
(iii) flotation; or
(iv) a process of heating for the sole purpose of removing uncombined water;
without chemical change in the substance.
new industrial chemical means:
(a) either:
(i) if the chemical is a listed industrial chemical whose introduction is subject to a condition of use included in the Inventory under section 13 or subsection 15AB(1)—the chemical but only to the extent that the manufacturer or importer of the chemical introduces, or proposes to introduce, the chemical for any other use; or
(ii) otherwise—an industrial chemical that is not a listed industrial chemical; and
(b) in the case of a synthetic polymer—a chemical that is a new synthetic polymer;
but does not include the following: (c) a reaction intermediate; (d) an incidentally‑produced chemical.
new synthetic polymer means:
(a) a synthetic polymer that includes a combination of monomers and other reactive components each representing greater than 2% by weight, being a combination not listed in the Inventory; or
(b) a synthetic polymer of whose weight greater than 2% is attributable to a monomer or other reactive component that is not listed in the Inventory as a component of a synthetic polymer.
non‑confidential section means the section of the Inventory referred to in subsection 12(3).
non‑hazardous chemical has the meaning given by subsection (2).
notification law, in relation to a State or Territory, means a law of the State or Territory under which a statement of matters about new industrial chemicals manufactured there are given to an authority of the State or Territory.
notification statement means a statement referred to in subsection 23(3).
occupier, in relation to a vehicle, vessel or aeroplane, means the person in charge of it.
officer means a person who is, or has been:
(a) the Director; or
(b) assisting the Director; or
(c) an inspector.
permit means:
(a) a commercial evaluation permit; or
(b) a low volume permit; or
(c) a controlled use permit; or
(d) an introduction permit.
polymer means a chemical:
(a) consisting of molecules that are:
(i) characterised by the sequence of one or more types of monomer units; and
(ii) distributed over a range of molecular weights whose differences in the molecular weight are primarily attributable to differences in the number of monomer units; and
(b) comprising a simple weight majority of molecules containing at least 3 monomer units which are covalently bound to at least one other monomer unit or other reactant; and
(c) comprising less than a simple weight majority of molecules of the same molecular weight.
polymer of low concern means a polymer that:
(a) either:
(i) has a number average molecular weight that is greater than or equal to 1,000 and has such other characteristics relating to weight as are prescribed by the regulations; or
(ii) is made from a prescribed reactant and has molecules that contain 2 or more carboxylic acid ester linkages, one or more of which links internal monomer units together; and
(b) has a low charge density, within the meaning prescribed by the regulations; and
(c) is not a hazardous chemical; and
(d) does not dissociate readily, within the meaning prescribed by the regulations; and
(e) under the conditions in which it is used is stable, within the meaning prescribed by the regulations; and
(f) has such other characteristics as are prescribed by the regulations.
premises includes:
(a) a structure, building, aircraft, vehicle or vessel; and
(b) a place (whether enclosed or built upon or not); and
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
prescribed reactant, in relation to a polyester, means a substance listed in the regulations as a prescribed reactant.
previous financial year, in relation to a particular registration year, means the financial year ending on the last 30 June before the start of that registration year.
priority existing chemical means an industrial chemical in respect of which a declaration under section 51 is in force.
public report means a report prepared under section 34 as varied or modified in accordance with this Act.
reaction intermediate means a substance that:
(a) is produced in the course of a chemical reaction; and
(b) has a transient existence; and
(c) does not become a major component of the reaction mixture; and
(d) is not removed from the reaction system.
Register means the Register established under section 80C.
registration charge means a charge imposed on the registration of a chargeable person:
(a) so far as it is a duty of customs—by the Industrial Chemicals (Registration Charge—Customs) Act 1997; and
(b) so far as it is a duty of excise—by the Industrial Chemicals (Registration Charge—Excise) Act 1997; and
(c) so far as it is neither a duty of customs nor a duty of excise—by the Industrial Chemicals (Registration Charge—General) Act 1997.
registration year means a period of 12 months beginning on 1 September 1997 or 1 September of any subsequent year.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant industrial chemical has the meaning given by section 7A.
research does not include research for the purpose of determining market acceptance or consumer preferences.
Safety Data Sheet, in relation to a chemical or to a product or substance containing a chemical, means a written statement that:
(a) identifies the chemical; and
(b) specifies the health hazards that could be caused by the chemical; and
(c) specifies the manner of handling the chemical, product or substance in a way that minimises hazards; and
(d) specifies the procedures to be adopted in the event of any emergency involving the chemical, product or substance; and
(e) contains information about the chemical and physical properties of the chemical, not being exempt matter or matter referred to in subsection 46(2); and
(f) contains prescribed information; and
(g) if there are in force guidelines approved by the Minister by notice in the Chemical Gazette for the purposes of this definition—is prepared in accordance with those guidelines.
secondary notification means notification required by section 65.
Secretary means an Agency Head within the meaning of the Public Service Act 1999.
self‑assessed assessment certificate means an assessment certificate given under subsection 39(1A).
sequence, in relation to a polymer molecule, means a continuous string of monomer units within the molecule that are covalently bound to one another and are uninterrupted by units other than monomer units.
supplementary information statement means the statement described in paragraph 40A(5)(a).
synthetic polymer means any polymer other than a biopolymer.
threshold value, in relation to relevant industrial chemicals introduced by a person, means $100,000.
trade name product means a chemical included in the section of the Inventory known as Section VIII—AICS Trade Names Annex.
Transport Department means the Department administered by the Minister administering the National Transport Commission Act 2003.
Tribunal means the Administrative Appeals Tribunal.
use includes proposed use.
value of relevant industrial chemicals imported, in relation to a particular person and a particular period (whether a financial year or a registration year), is the amount worked out in accordance with subsection 7A(2) in respect of that person and that period.
value of relevant industrial chemicals introduced, in relation to a particular person and a particular period (whether a financial year or a registration year), means the sum of:
(a) the value (if any) of the relevant industrial chemicals imported by that person during that period; and
(b) the value (if any) of the relevant industrial chemicals manufactured by that person during that period.
value of relevant industrial chemicals manufactured, in relation to a particular person and a particular period (whether a financial year or a registration year), is the factory cost of manufacturing the industrial chemicals by the person during that period.
(2) In this Act:
non‑hazardous chemical means a chemical in respect of which the following conditions are met:
(a) the chemical is not a hazardous chemical;
(b) the chemical is not a dangerous good;
(c) the prescribed criteria relating to the environmental effect of the chemical have been met;
(d) any other prescribed conditions have been met;
(e) the introduction of the chemical is consistent with the reasonable protection of occupational health and safety, public health and the environment.
(3) The Director must take account of the following matters in deciding whether he or she is satisfied that the condition referred to in paragraph (e) of the definition of non‑hazardous chemical is met: (a) the proposed nature of the use of the chemical; (b) the extent of the proposed use of the chemical; (c) the effect of the chemical on the environment; (d) the effect of the chemical on occupational health and safety and public health; (e) the structure and activity of the chemical; (f) whether, in Australia or overseas, the chemical is the subject of: (i) investigations initiated by a person because of concerns about a possible adverse effect on occupational health and safety, public health or the environment; or (ii) action taken by a person to control the use of, or access to, the chemical; (g) any other prescribed matter.
(1) In this Act, unless the contrary intention appears:
chemical includes:
(a) a chemical element, including a chemical element contained in a mixture; or
(b) a compound or complex of a chemical element, including such a compound or complex contained in a mixture; or
(c) a UVCB substance; or
(d) a naturally‑occurring chemical;
but does not include: (e) an article; or (f) a radioactive chemical; or (g) a mixture. (2) In this section:
article means an object that:
(a) is manufactured for use for a particular purpose, being a purpose that requires that the object have a particular shape, surface or design; and
(b) is formed to that shape, surface or design during manufacture; and
(c) undergoes no change of chemical composition when used for that purpose except as an intrinsic aspect of that use;
but does not include a particle or a fluid.
mixture means a physical combination of chemicals resulting from deliberate mixing of those chemicals or from a chemical reaction, but does not include a UVCB substance.
radioactive chemical means a chemical having a specific activity greater than 35 becquerels per gram.
UVCB substance means:
(a) a chemical of unknown or variable composition; or
(b) a complex product of a chemical reaction; or
(c) biological material, other than a whole animal or a whole plant.
(1) In this Act, unless the contrary intention appears:
industrial chemical means a chemical that has an industrial use, whether or not it also has an excluded use.
(2) In this section:
agricultural chemical means a substance or mixture of substances that is a means of directly or indirectly:
(a) destroying, stupefying, inhibiting, attracting or repelling a pest in relation to a plant, a place or a thing; or
(b) destroying a plant; or
(c) modifying the physiology of a plant so as to alter its natural development, productivity or reproductive capacity; or
(d) modifying the effect of another agricultural chemical product;
but does not include: (e) a veterinary chemical product; or (f) a substance or mixture of substances of a kind that is declared by regulations made under the Agricultural and Veterinary Chemicals Code Act 1994 not to be an agricultural chemical product for the purposes of that Act.
excluded use, in relation to a chemical, means:
(a) use as an agricultural chemical or a constituent of an agricultural chemical; or
(b) use as a veterinary chemical or a constituent of a veterinary chemical; or
(c) therapeutic use or use as an ingredient or component in the preparation or manufacture of goods for therapeutic use; or
(d) use as food intended for consumption by humans or animals or a constituent of such food; or
(e) use as a food additive in food referred to in paragraph (d).
food additive means a chemical whose inclusion in food as a food additive is permitted under the Australia New Zealand Food Standards Code (as defined for the purposes of the Food Standards Australia New Zealand Act 1991).
industrial use, in relation to a chemical, means a use other than an excluded use.
therapeutic use means use in, or in connection with:
(a) preventing, diagnosing, curing or alleviating diseases, ailments, defects or injuries in humans; or
(b) influencing, inhibiting or modifying physiological processes in humans; or
(c) testing the susceptibility of humans to diseases or ailments;
and, without limiting this, includes use in, or in connection with, testing for pregnancy, contraception, prosthetics or orthotics.
veterinary chemical product means a substance or mixture of substances that is:
(a) a means of directly or indirectly:
(i) preventing, diagnosing, curing or alleviating a disease or condition in an animal or an infestation of an animal by a pest in relation to that animal; or
(ii) curing or alleviating an injury suffered by an animal; or
(iii) modifying the physiology of an animal:
(A) so as to alter its natural development, productivity or reproductive capacity; or
(B) so as to make it more manageable; or
(b) prepared by a pharmacist or veterinary surgeon, in the course of the practice of his or her profession, to deal with a particular condition of a particular animal in a particular instance;
but does not include a substance or mixture of substances of a kind that is declared by regulations made under the Agricultural and Veterinary Chemicals Code Act 1994 not to be a veterinary chemical product for the purposes of that Act.
(1) In this Act:
biological material does not include a whole plant or a whole animal.
relevant industrial chemical means an industrial chemical:
(a) that is not intended for an excluded use; and
(b) that is not:
(i) a naturally‑occurring chemical; or
(ii) biological material; or
(iii) an incidentally‑produced chemical; or
(iv) a reaction intermediate.
(2) The value of relevant industrial chemicals imported by a person during a particular period (whether a financial year or a registration year) is the amount, worked out to the nearest whole dollar, using the formula: View image in the official source where:
V means the customs value (within the meaning of section 159 of the Customs Act 1901) of all of those relevant industrial chemicals.
CIF means the cost of the insurance and freight relating to those chemicals.
CD means the customs duty payable on those chemicals.
This Act extends to every external Territory.
This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence.
The provisions of this Act are in addition to, and not in substitution for, the requirements of any other law of the Commonwealth (whether passed or made before or after the commencement of this Act).
Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.
(1) This section applies to the following: (a) an assessment of an industrial chemical that is, or contains, a GM product; (b) an application for a permit (however described) in relation to an industrial chemical that is, or contains, a GM product. (2) Subject to subsection (5), the Director must give written notice to the Gene Technology Regulator: (a) stating that the assessment is to be undertaken, or that the application for the permit has been made, as the case requires; and (b) requesting the Gene Technology Regulator to give advice about the assessment or the application for the permit. (3) If the Director gives the Gene Technology Regulator a notice under subsection (2), the Gene Technology Regulator may give written advice to the Director about the assessment or the application. (4) The advice is to be given within the period specified in the notice. (5) If an advice from the Gene Technology Regulator is in force under section 10B in relation to a class of GM products, the Director is not required to notify the Regulator under this section in relation to: (a) an assessment of an industrial chemical that is or contains a GM product belonging to that class; or (b) an application for a permit in respect of an industrial chemical that is or contains a GM product belonging to that class.
(1) The Director may request advice from the Gene Technology Regulator in relation to industrial chemicals that consist of, or that contain, a GM product belonging to a class of GM products specified in the request. (2) A request for advice under subsection (1) must specify the matters to which the advice is to relate. (3) If the Director requests advice from the Gene Technology Regulator under subsection (1), the Gene Technology Regulator may provide written advice in relation to the matters specified in the request. (4) If the Gene Technology Regulator gives advice to the Director under subsection (3), the advice remains in force until it is withdrawn by the Gene Technology Regulator by written notice given to the Director.
If the Director receives advice from the Gene Technology Regulator: (a) in response to a notice under section 10A within the period specified in the notice; or (b) under section 10B; the Director must: (c) ensure that the advice is taken into account in undertaking the assessment, or in making a decision on the application for the permit, as the case requires; and (d) inform the Gene Technology Regulator of the assessment, or the decision on the application, as the case requires.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
This Act may be cited as the Industrial Chemicals (Notification and Assessment) Act 1989.
(1) Sections 1 and 2 commence on the day on which this Act receives the Royal Assent. (2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation. (3) If a provision referred to in subsection (2) does not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.
The objects of this Act are to provide for: (a) a national system of notification and assessment of industrial chemicals for the purposes of: (i) aiding in the protection of the Australian people and the environment by finding out the risks to occupational health and safety, to public health and to the environment that could be associated with the importation, manufacture or use of the chemicals; and (ii) providing information, and making recommendations, about the chemicals to Commonwealth, State and Territory bodies with responsibilities for the regulation of industrial chemicals; and (iii) giving effect to Australia’s obligations under international agreements relating to the regulation of chemicals; and (iv) collecting statistics in relation to the chemicals; being a system under which information about the properties and effects of the chemicals is obtained from importers and manufacturers of the chemicals; and (b) national standards for cosmetics imported into, or manufactured in, Australia and the enforcement of those standards.
Without prejudice to its effect apart from this section, this Act also has, because of this section, the effect it would have if the references to the manufacture of industrial chemicals or cosmetics in Australia were, by express provision, confined to: (a) the manufacture of those chemicals or cosmetics in Australia: (i) by foreign corporations, within the meaning of paragraph 51(xx) of the Constitution; or (ii) by trading corporations formed within the limits of the Commonwealth, within the meaning of that paragraph; or (iii) for supply in the course of trade and commerce with other countries, among the States, within a Territory, between a State and Territory or between 2 Territories; or (iv) for supply to, or to an authority or instrumentality of, the Commonwealth or a Territory; and (b) the manufacture of those chemicals or cosmetics in a Territory.
(1) In this Act, unless the contrary intention appears:
ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail published by the Federal Office of Road Safety of the Transport Department as in force from time to time.
approved means approved by the Director.
approved foreign scheme means a notification and assessment scheme approved by the Minister under section 43.
assessment certificate means a certificate given under section 39.
assessment information, in relation to an industrial chemical, means information about a matter of which account would be taken in the assessment of the chemical, being a matter specified in paragraph 32(2)(a), (b), (c), (d), (e) or (f).
assessment report means a report under section 31, 57, 68 or 68A.
Australia, when used in a geographical sense, includes the external Territories.
basic information, in relation to a chemical, means all the following information:
(a) the name or names by which the chemical is known to the public or is intended by its importer or manufacturer to be so known;
(b) the chemical’s general uses;
(c) the precautions and restrictions to be observed in the manufacture, handling, storage, use and disposal of the chemical;
(d) recommendations arising from the assessment of the chemical under this Act that relate to disposing of the chemical and rendering it harmless;
(e) the procedures to be followed in the event of an emergency involving the chemical;
(f) prescribed physical and chemical data about the chemical, not being data that would reveal the chemical’s composition;
(g) prescribed data relating to the health effects or the environmental effects of the chemical.
biopolymer means:
(a) a polymer directly produced by living or once‑living cells or cellular components; or
(b) a synthetic equivalent of a polymer referred to in paragraph (a); or
(c) a derivative or modification of a polymer referred to in paragraph (a) in which the original polymer remains substantially intact.
chargeable person, in relation to a registration year, means:
(a) a person who proposes to introduce relevant industrial chemicals in that registration year of a value that equals or exceeds the threshold value if that person:
(i) did not introduce relevant industrial chemicals in the previous financial year; or
(ii) introduced relevant industrial chemicals in the previous financial year of a value less than the threshold value; or
(b) a person who proposes to introduce relevant industrial chemicals in that registration year of any value if that person introduced relevant industrial chemicals in the previous financial year of a value that equalled or exceeded the threshold value.
chemical has the meaning given in section 6.
Chemical Gazette means an issue of the Gazette published:
(a) unless the regulations prescribe days for the purposes of this definition—on the first Tuesday in any month; or
(b) where the regulations prescribe days for those purposes—on any of the prescribed days.
chemical name, in relation to a chemical, means:
(a) in the case of a pure chemical—the Chemical Abstracts preferred Index Name, or, if such a name is not available, the name used, or to be used, by the International Union for Pure and Applied Chemistry; or
(b) in any other case—a complete description of the chemical;
including, in the case of a biopolymer, a description of the biological source of the biopolymer.
commercial includes financial.
commercial evaluation, in relation to an industrial chemical, means testing the chemical with a view to ascertaining its potential for commercial application.
commercial evaluation permit means a permit under section 21G.
confidential section means the section of the Inventory referred to in subsections 12(4) and (4A).
controlled use permit means a permit under section 22F.
cosmetic means:
(a) a substance or preparation intended for placement in contact with any external part of the human body, including:
(i) the mucous membranes of the oral cavity; and
(ii) the teeth;
with a view to:
(iii) altering the odours of the body; or
(iv) changing its appearance; or
(v) cleansing it; or
(vi) maintaining it in good condition; or
(vii) perfuming it; or
(viii) protecting it; or
(b) a substance or preparation prescribed by regulations made for the purposes of this paragraph;
but does not include: (c) a therapeutic good within the meaning of the Therapeutic Goods Act 1989; or (d) a substance or preparation prescribed by regulations made for the purposes of this paragraph.
Note: An ingredient or component of a cosmetic could be an industrial chemical.
dangerous good has the meaning given by the ADG Code.
Department means an Agency within the meaning of the Public Service Act 1999.
development does not include tests that relate solely to the commercial evaluation of a product or process.
Director means the Director, National Industrial Chemicals Notification and Assessment Scheme, appointed under section 90.
disposal, in relation to a chemical or cosmetic, includes disposal of waste resulting from the manufacture or use of the chemical or cosmetic.
environment includes all aspects of the surroundings of humans, whether affecting them as individuals or in social groupings.
environmental effect, in relation to an industrial chemical, means the effect on the environment of the importation, manufacture, handling, storage, use or disposal of the chemical.
excluded use has the meaning given by subsection 7(2).
exempt information means information about which the Director has given a notification under section 75, and includes information for which an application for treatment as exempt information has been made under this Act but not finalised.
Note: See also subsection 89(3).
existing chemical means an industrial chemical other than a new industrial chemical.
export, in relation to an industrial chemical, means do an act that constitutes exportation of the chemical for the purposes of the Customs Act 1901, or would constitute such exportation if that Act extended to the external Territories.
factory cost, in relation to the industrial chemicals manufactured by a person, means the total of:
(a) the cost of labour involved in the manufacture; and
(b) the cost of materials involved in the manufacture other than the cost of any relevant industrial chemical:
(i) that is used as an ingredient in the manufacturing; and
(ii) in respect of which an amount of registration charge has been paid; and
(c) the factory overhead expenses;
incurred by the person in respect of the manufacture of the first‑mentioned chemicals.
Gene Technology Regulator has the same meaning as in the Gene Technology Act 2000.
GM product has the same meaning as in the Gene Technology Act 2000.
handling, in relation to a chemical or cosmetic, includes transporting the chemical or cosmetic.
hazardous chemical has the meaning prescribed by the regulations.
health effect, in relation to an industrial chemical, means the effect on occupational health and safety or on public health of the importation, manufacture, handling, storage, use or disposal, of the chemical.
holder, in relation to a permit or an assessment certificate, means a person in respect of whom the permit or certificate is issued.
holder of a confidence, in relation to an industrial chemical, means a person who under section 17 is to be treated as the holder of a confidence about the chemical.
import, in relation to an industrial chemical or a cosmetic, means do an act which constitutes importation of the chemical or cosmetic for the purposes of the Customs Act 1901, or would constitute such importation if that Act extended to the external Territories.
importer, in relation to an industrial chemical, means a person who imports or proposes to import the chemical.
incidentally‑produced chemical means a chemical that is produced as a result of:
(a) the exposure of another chemical to light, heat or other environmental conditions in the course of handling or storage; or
(b) the occurrence of a chemical reaction during the manufacture or use of another chemical;
but does not include a chemical whose production has commercial value for a person manufacturing, handling, storing or using that other chemical.
industrial chemical has the meaning given in section 7.
information, in relation to an industrial chemical, includes:
(a) information about the result of a test relating to the chemical; and
(b) other information about such a test.
inspector means:
(a) a person appointed as an inspector under subsection 84(1); or
(b) an officer of the Public Service of a State or Territory to whom an arrangement referred to in subsection 84(2) applies.
introduction, in relation to an industrial chemical, means the importation, or manufacture in Australia, of the chemical.
introduction permit means a permit under section 30 or 30A.
Inventory means the Australian Inventory of Chemical Substances referred to in section 11.
listed industrial chemical means an industrial chemical whose particulars are included in the Inventory.
low volume chemical means an industrial chemical in respect of which a low volume permit is in force.
low volume permit means a permit under subsection 21U(2) or (2A).
manufacturer, in relation to an industrial chemical, means a person who manufactures or proposes to manufacture the chemical in Australia.
modifications includes additions, substitutions and omissions.
monomer means a chemical the molecules of which are capable of forming covalent bonds with 2 or more like or unlike molecules under the conditions of the relevant polymer‑forming reactions used for a particular process of polymer formation.
naturally‑occurring chemical means:
(a) an unprocessed chemical occurring in a natural environment; or
(b) a chemical occurring in a natural environment, being a substance that is extracted by:
(i) manual, mechanical or gravitational means; or
(ii) dissolution in water; or
(iii) flotation; or
(iv) a process of heating for the sole purpose of removing uncombined water;
without chemical change in the substance.
new industrial chemical means:
(a) either:
(i) if the chemical is a listed industrial chemical whose introduction is subject to a condition of use included in the Inventory under section 13 or subsection 15AB(1)—the chemical but only to the extent that the manufacturer or importer of the chemical introduces, or proposes to introduce, the chemical for any other use; or
(ii) otherwise—an industrial chemical that is not a listed industrial chemical; and
(b) in the case of a synthetic polymer—a chemical that is a new synthetic polymer;
but does not include the following: (c) a reaction intermediate; (d) an incidentally‑produced chemical.
new synthetic polymer means:
(a) a synthetic polymer that includes a combination of monomers and other reactive components each representing greater than 2% by weight, being a combination not listed in the Inventory; or
(b) a synthetic polymer of whose weight greater than 2% is attributable to a monomer or other reactive component that is not listed in the Inventory as a component of a synthetic polymer.
non‑confidential section means the section of the Inventory referred to in subsection 12(3).
non‑hazardous chemical has the meaning given by subsection (2).
notification law, in relation to a State or Territory, means a law of the State or Territory under which a statement of matters about new industrial chemicals manufactured there are given to an authority of the State or Territory.
notification statement means a statement referred to in subsection 23(3).
occupier, in relation to a vehicle, vessel or aeroplane, means the person in charge of it.
officer means a person who is, or has been:
(a) the Director; or
(b) assisting the Director; or
(c) an inspector.
permit means:
(a) a commercial evaluation permit; or
(b) a low volume permit; or
(c) a controlled use permit; or
(d) an introduction permit.
polymer means a chemical:
(a) consisting of molecules that are:
(i) characterised by the sequence of one or more types of monomer units; and
(ii) distributed over a range of molecular weights whose differences in the molecular weight are primarily attributable to differences in the number of monomer units; and
(b) comprising a simple weight majority of molecules containing at least 3 monomer units which are covalently bound to at least one other monomer unit or other reactant; and
(c) comprising less than a simple weight majority of molecules of the same molecular weight.
polymer of low concern means a polymer that:
(a) either:
(i) has a number average molecular weight that is greater than or equal to 1,000 and has such other c
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