Industrial Chemicals (Notification and Assessment) Regulations 1990

1 Name of Regulations

These Regulations are the Industrial Chemicals (Notification and Assessment) Regulations 1990.

2 Definitions

In these Regulations, unless the contrary intention appears:

Act means the Industrial Chemicals (Notification and Assessment) Act 1989.

category A country means:

(a) a country that:
(i) is a party to the Rotterdam Convention; and
(ii) in relation to an industrial chemical mentioned in subregulation 11C(1), has provided an import response to the Rotterdam Convention Secretariat that:
(A) gives consent to the import of the industrial chemical; or
(B) gives consent to the import of the industrial chemical, subject to specified conditions; or
(b) a country that is not a party to the Rotterdam Convention.

category B country means a country that:

(a) is a party to the Rotterdam Convention; and
(b) in relation to an industrial chemical mentioned in subregulation 11C(1):
(i) has provided an import response to the Rotterdam Convention Secretariat that gives no consent to the import of the industrial chemical; or
(ii) has not provided an import response to the Rotterdam Convention Secretariat.

Note 1: In February 2013, a list of parties to the Rotterdam Convention could be found at (www.pic.int/Countries/Statusofratifications/tabid/1072/language/en‑US/Default.aspx).

Note 2: In February 2013, a database of import responses made by countries that are parties to the Rotterdam Convention could be found at (www.pic.int/Procedures/ImportResponses/Database/tabid/1370/language/en‑US/Default.aspx).

cationic means containing net positively charged atoms or associated groups of atoms covalently linked to its polymer molecule.

comparable agency means:

(a) the Therapeutic Goods Administration under the Therapeutic Goods Act 1989; or
(b) the Australian Pesticides and Veterinary Medicines Authority under the Agricultural and Veterinary Chemicals Code Act 1994; or
(c) Food Standards Australia New Zealand under the Food Standards Australia New Zealand Act 1991; or
(d) a chemicals notification and assessment scheme operating in a member country of the European Union or the Organisation for Economic Co‑operation and Development.

Environment Department means the Department administered by the Minister administering the Environment Protection and Biodiversity Conservation Act 1999.

GHS means the document called ‘Globally Harmonised System of Classification and Labelling of Chemicals’, third revised edition, published by the United Nations.

high concern reactive functional group: see clause 3 of Schedule 3.

import response, for an industrial chemical mentioned in subregulation 11C(1), means:

(a) a consent to the import of the industrial chemical; or
(b) a consent to the import of the industrial chemical, subject to specified conditions; or
(c) a consent to the import of the industrial chemical during an interim period; or
(d) a consent to the import of the industrial chemical during an interim period, subject to specified conditions; or
(e) no consent to the import of the industrial chemical; or
(f) no consent to the import of the industrial chemical during an interim period.

Note: In February 2013, a database of import responses made by countries that are parties to the Rotterdam Convention could be found at (www.pic.int/Procedures/ImportResponses/Database/tabid/1370/language/en‑US/Default.aspx).

inspection times means between 1000 hours and noon and between 1400 hours and 1600 hours on each day that is not:

(a) a Saturday or a Sunday; or
(b) a public holiday:
(i) in the place where the Library is located; or
(ii) for the purposes of the Australian Public Service in that place.

Library means the library within the National Industrial Chemicals Notification and Assessment Scheme, located at Level 7, 260 Elizabeth Street Surry Hills NSW 2010.

limited application means an application that must be accompanied by a notification statement that contains the matters stated in:

(a) Parts A and B in the Schedule to the Act; or
(b) Parts A, B and D in the Schedule to the Act.

low concern reactive functional group: see clause 1 of Schedule 3.

moderate concern reactive functional group: see clause 2 of Schedule 3.

natural waterway includes:

(a) a stream (permanent or ephemeral), river, lake, estuary or coastal water:
(i) that is natural; and
(ii) where water is present naturally or may flow through or gather; and
(b) an artificial structure including an irrigation channel, a dam, reservoir, impoundment or holding pond from which water may reach a natural waterway directly.

Rotterdam Convention means the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade, done at Rotterdam on 10 September 1998, as amended by any amendment of the Convention that has entered into force for Australia.

standard application means an application that must be accompanied by a notification statement that contains the matters stated in:

(a) Parts A, B and C of the Schedule to the Act; or
(b) Parts A, B, C and D of the Schedule to the Act; or
(c) Parts A, B, C and E of the Schedule to the Act; or
(d) Parts A, B, C, D and E of the Schedule to the Act.

Stockholm Convention means the Stockholm Convention on Persistent Organic Pollutants, done at Stockholm on 22 May 2001, as amended by any amendment of the Convention that has entered into force in Australia.

water treatment works means a sewer or similar structure where a chemical is diluted, held or treated before discharge into a natural waterway.

3 Prescribed data for the purposes of paragraph (f) of the definition of basic information in section 5 of the Act

(1) Subject to subregulation (2), for the purposes of paragraph (f) of the definition of basic information in section 5 of the Act the following physical and chemical data is prescribed: (a) whichever of the melting point, boiling point or freezing point of the chemical is appropriate; (b) the chemical’s density in kg/m3, and: (i) in the case of a gas—its specific gravity where air = 1; and (ii) in the case of a liquid—its liquid density and vapour density; (c) the chemical’s vapour pressure in kilopascals at 25°C; (d) the chemical’s solubility in grams per litre in water at 20°C; (e) in the case of a chemical whose water solubility exceeds 10‑6 gms/litre—the degrees of hydrolysis at 25°C at pH values of 4‑9 and 1‑2; (f) in the case of a chemical that dissolves in water without dissociation or association and which is not surface‑active—the partition coefficient (n‑octanol/water) at 20°C expressed as log Pow; (g) a summary of the information about the adsorption and desorption of the chemical to and from standard soils; (h) in the case of a chemical that dissociates in water—the dissociation constant expressed as pKa determined by a specified manner; (j) (i) in the case of a chemical that is a solid—the mean particle size and size range including the respirable fraction (1‑10 microns); or (ii) in the case of a chemical that is fibrous—fibre length and length range; (k) the flash point in °C of the chemical; (l) the degree of the chemical’s flammability, including: (i) for gases and vapours—the upper and lower limits of flammability in air; and (ia) for solids—the ability to propagate combustion; and (ii) the identity of toxic and hazardous products of the chemical’s combustion; (m) the minimum temperature for the chemical’s auto ignition; (n) a summary of the chemical’s explosive properties, including the chemical’s potential (if any) to detonate as the result of heat, shock or friction; (o) a summary of the information about the stability and reactivity of the chemical. (2) The data prescribed by subregulation (1) does not include data that has not been made available to the Director.

4 Prescribed data for the purposes of paragraph (g) of the definition of basic information in section 5 of the Act

(1) Subject to subregulation (2), for the purposes of paragraph (g) of the definition of basic information in section 5 of the Act, the prescribed data is a summary of the data: (a) relating to the health effects or environmental effects of the chemical; and (b) referred to in Parts C and E of the Schedule to the Act. (2) The data prescribed by subregulation (1) does not include data that has not been made available to the Director.

4AA Hazardous chemical definition

(1) This regulation is made for section 5 of the Act. (2) A hazardous chemical is a chemical that satisfies the criteria for a hazard class under the GHS, but does not include a chemical that satisfies the criteria solely for one of the following hazard classes: (a) flammable gases, category 2; (b) acute toxicity—oral, category 5; (c) acute toxicity—dermal, category 5; (d) acute toxicity—inhalation, category 5; (e) skin corrosion/irritation, category 3; (f) serious eye damage/eye irritation, category 2B; (g) aspiration hazard, category 2; (h) hazardous to the aquatic environment, category acute 1, 2 or 3; (i) hazardous to the aquatic environment, category chronic 1, 2, 3 or 4; (j) hazardous to the ozone layer.

4AB Prescribed reactants

For the definition of prescribed reactant in section 5 of the Act, a substance set out in Schedule 4 is prescribed.

4A Polymer of low concern—number average molecular weight greater than or equal to 1,000 and less than 10,000 (Act s 5)

(1) For the purposes of subparagraph (a)(i) of the definition of polymer of low concern in subsection 5(1) of the Act, the characteristics relating to weight for a polymer that has a number average molecular weight that is greater than or equal to 1,000, but less than 10,000, are set out in this regulation. General (2) The polymer must: (a) have less than 10% by mass of molecules with molecular weight that is less than 500; and (b) have less than 25% by mass of molecules with molecular weight that is less than 1,000. Polymers that include moderate concern reactive functional groups and do not include high concern reactive functional groups (3) In addition to the characteristics mentioned in subregulation (2), if the polymer includes moderate concern reactive functional groups, and does not include high concern reactive functional groups, the polymer must have a combined functional group equivalent weight of at least 1,000. (4) In calculating the weight mentioned in subregulation (3), all moderate concern reactive functional groups included in the polymer must be taken into account. Polymers that include high concern reactive functional groups (5) In addition to the characteristics mentioned in subregulation (2), if the polymer includes high concern reactive functional groups, the polymer must have a combined functional group equivalent weight of at least 5,000. (6) In calculating the weight mentioned in subregulation (5), the following must be taken into account: (a) all moderate concern reactive functional groups included in the polymer; (b) all high concern reactive functional groups included in the polymer.

4B Polymer of low concern—number average molecular weight that is 10,000 or greater (Act s 5)

For the purposes of subparagraph (a)(i) of the definition of polymer of low concern in subsection 5(1) of the Act, the characteristics relating to weight for a polymer that has a number average molecular weight that is 10,000 or greater are that the polymer must: (a) have less than 2% by mass of molecules with molecular weight that is less than 500; and (b) have less than 5% by mass of molecules with molecular weight that is less than 1,000.

4C Polymer of low concern—low charge density (Act s 5)

For paragraph (b) of the definition of polymer of low concern in section 5 of the Act, a polymer has a low charge density if: (a) it is both: (i) not cationic; and (ii) not likely to become cationic in an aquatic environment that has a pH value greater than 4 and less than 9; or (b) it is a solid that is: (i) not soluble or dispersible in water; and (ii) to be used only in its solid phase; or (c) for a polymer that includes 1 or more cationic groups, the total combined functional group equivalent weight of any cationic group is at least 5 000.

4E Polymer of low concern—when polymer does not dissociate readily (Act s 5)

For paragraph (d) of the definition of polymer of low concern in section 5 of the Act, a polymer does not dissociate readily if it is not likely to become cationic in an aquatic environment that has a pH value greater than 4 and less than 9.

4H Polymer of low concern—when polymer is stable (Act s 5)

For paragraph (e) of the definition of polymer of low concern in section 5 of the Act, a polymer is stable under the conditions in which it is used if, under those conditions, it does not readily break down by any process, including the following: (a) depolymerisation; (b) hydrolysis; (c) photodegradation; (d) thermal degradation.

4I Polymer of low concern—other characteristics (Act s 5)

(1A) For the purposes of paragraph (f) of the definition of polymer of low concern in subsection 5(1) of the Act, the characteristics set out in this regulation are prescribed. (1) A polymer must contain as an integral part of its composition at least 2 of the following atomic elements: (a) carbon; (b) hydrogen; (c) nitrogen; (d) oxygen; (e) silicon; (f) sulphur. (2) A polymer must not contain as an integral part of its composition (except as impurities) an atomic element other than the following: (a) aluminium as the monatomic counterion Al3+; (b) bromine as the monatomic counterion Br‑; (c) bromine covalently bound to carbon; (d) calcium as the monatomic counterion Ca2+; (e) carbon; (f) chlorine as the monatomic counterion Cl‑; (g) chlorine covalently bound to carbon; (h) fluorine covalently bound to carbon; (i) hydrogen; (j) iodine as the monatomic counterion I‑; (k) iodine covalently bound to carbon; (l) magnesium as the monatomic counterion Mg2+; (m) nitrogen; (n) oxygen; (o) potassium as the monatomic counterion K+; (p) silicon; (q) sodium as the monatomic counterion Na+; (r) sulphur; (s) less than 0.2% (by weight) of any combination of the following atomic elements: (i) boron; (ii) copper; (iii) iron; (iv) lithium; (v) manganese; (vi) nickel; (vii) phosphorus; (viii) tin; (ix) titanium; (x) zinc; (xi) zirconium. (3) A polymer that is capable of absorbing its own weight in water must not have a number average molecular weight that is 10 000 or greater. (4) A polymer must not contain as an integral part of its composition (except as an impurity) a chain (whether branched or linear) of fully fluorinated carbon atoms, at least one end of which is terminated by a perfluoromethyl (CF3) group.

4J Non‑hazardous chemical—criteria relating to environmental effect (Act s 5)

(1) For paragraph (c) of the definition of non‑hazardous chemical in subsection 5(2) of the Act, the criteria set out in this regulation are prescribed. (2) A non‑hazardous chemical to which paragraph 21(6)(c), subsection 23(5), (7) or (9) or paragraph 23A(1)(b) of the Act applies must: (a) have one of the following characteristics: (i) if the chemical dissolves in water without dissociation or association and is not surface‑active, the partition coefficient (n‑octanol/water) at 20oC expressed as log Pow must not exceed 3; (ii) the chemical’s solubility in water must be more than 1mg/litre; (iii) the chemical’s number‑average molecular weight (in the case of a polymer) or the chemical’s molecular weight (in any other case) must be more than 1 000; and (b) be readily biodegradable in accordance with the test known as a Ready Biodegradability Test mentioned in paragraph (q) of Part C of the Schedule to the Act; and (c) not have a toxicity: (i) to fish, using the test mentioned in paragraph (m) of Part C of the Schedule to the Act, and expressed as an LC50, that is less than 100 mg/litre; and (ii) to aquatic invertebrates, using the test mentioned in paragraph (n) of Part C of the Schedule to the Act, and expressed as an EC50, that is less than 100 mg/litre; and (iii) to algae, using the test mentioned in paragraph (p) of Part C of the Schedule to the Act, and expressed as an EC50, that is less than 100 mg/litre. (3) A non‑hazardous chemical to which subsection 23(4) or (6) of the Act applies must meet the criterion mentioned in paragraph (2)(a). (4) For a non‑hazardous chemical to which section 24A of the Act applies, carbon or silicon must be its largest component.

4K Introduction of non‑hazardous chemical—matters to be taken into account (Act s 5)

(1) For paragraph 5(3)(g) of the Act and subject to subregulation (2), the Director must take account of the likelihood of the chemical being released: (a) into a water treatment works at a rate more than: (i) 10 kilograms each year from an individual source; or (ii) 50 kilograms in total; or (b) directly into a natural waterway. (2) Paragraph (1)(a) does not apply if: (a) subsection 23(4) or (6) of the Act applies to the chemical and: (i) the chemical meets the criteria mentioned in paragraphs 4J(2)(b) and (c); and (ii) the person who introduces the chemical has information available that shows that those criteria are met; or (b) subsection 23(5), (7) or (9) of the Act applies to the chemical.

5 Prescribed form of Inventory

For the purposes of subsection 11(2) of the Act, the Inventory must: (a) be divided into a confidential section and non‑confidential section; and (b) consist of lists of chemicals in the following form: (i) the names of the chemicals in the same order as the sequence of the names followed by the Chemical Abstracts Service; (ii) the Chemical Abstracts Service numbers of the chemicals in the same order as those numbers or, if those numbers are not available, in accordance with an alternative numbering system; (iii) the molecular formulas of the chemicals in the same order as the sequence of the formulas followed by the Chemical Abstracts Service.

6 Inspection of Inventory

(1) For paragraph 15(b) of the Act, copies of the non‑confidential section of the Inventory may be inspected by the public at the Library during inspection times. (2) For paragraph 15(b) of the Act, the fee is $35.

6AA Prescribed period—transfer of industrial chemical from non‑confidential section to confidential section (subsection 18A(1) of the Act)

For the purposes of subsection 18A(1) of the Act, the prescribed period is the period of 56 days commencing on 7 August 1997.

6AB Low volume introduction (Act, s. 21)

(1) For subparagraph 21(4)(b)(i) of the Act, the requirements set out in this regulation are prescribed. (1A) For subparagraph 21(4)(b)(ii) of the Act, the requirements set out in subregulations (4), (7A), (8) and (9) are prescribed. (1B) For subparagraph 21(6)(c)(iv) of the Act, the requirements set out in subregulations (2) to (4) and (7A), (8) and (9) are prescribed. (1C) For the purposes of subparagraph 21(6)(d)(ii) of the Act, the requirements set out in subregulations (7A), (8) and (9) are prescribed. (2) The chemical must not be used in the cosmetic as: (a) a preservative; or (b) a colouring agent; or (c) an ultraviolet filter. (3) The chemical must not be prohibited or restricted for use as a cosmetic, or for use in cosmetics: (a) in the European Union under Council Directive 76/768/EEC as in force on 1 November 2011; or (b) in the United States of America under the Federal Food, Drug, and Cosmetic Act as in force on 1 November 2011. (4) The chemical must comply with any law of the Commonwealth, a State or a Territory that relates, whether expressly or by implication, to the manufacture or importation of the chemical. (5) If the chemical is present in the cosmetic at a concentration of 1% or more, the person who introduces the chemical must have information that indicates that the chemical will be safe for use by potentially high‑risk groups (including, for example, infants, elderly persons and atopic persons), consistent with the anticipated pattern of consumer exposure. (6) The person who introduces the chemical must notify the Director in writing of the introduction. (7) The notification under subregulation (6) must include: (a) in relation to a chemical that is introduced in a cosmetic at a concentration of 1% or more and in an amount that is greater than 10 kilograms but not greater than 100 kilograms in a period of 12 months: (i) a statement setting out each requirement of subregulations (2) to (5) and how that requirement is complied with; and (ii) a declaration that the contents of the notification are correct as far as the person knows; and (b) in relation to a chemical that is introduced in a cosmetic at a concentration of less than 1% and in an amount that is greater than 10 kilograms but less than 100 kilograms in a period of 12 months: (i) a statement setting out each requirement of subregulations (2) to (4) and how that requirement is complied with; and (ii) a declaration that the contents of the notification are correct as far as the person knows. (7A) The person who introduces the chemical must keep in writing, for 5 years after the introduction, all information available to the person about occupational health and safety, public health matters and the environmental effects of the chemical. (8) The information kept under subregulation (7A) must be produced to the Director on request. (9) For subregulation (7A), information is taken to be available to a person if, having regard to the person’s abilities, experience, qualifications and other attributes, the person ought reasonably to have been aware of the information.

6A Specified information for application of commercial evaluation permit

For the purposes of paragraph 21D(2)(b) of the Act, the following information is specified: (a) the matters set out in subparagraphs 6(a)(i) to (iv) of Part B of the Schedule to the Act; and (b) the matters set out in items 7, 8 and 11 of Part B of the Schedule to the Act; and (c) a summary of the chemical’s health effects and environmental effects.

6BA Low volume permit guidelines

For subparagraph 21U(2)(b)(ii) of the Act, the guidelines set out in Schedule 1AA are prescribed.

6B Prescribed information for application for controlled use permit

For paragraph 22C(2)(e) of the Act, the following information about the chemical must be supplied in the application: (a) the matters set out in items 1 and 13 of Part B of the Schedule to the Act; (b) if the chemical is to be introduced in an amount that is greater than 10 tonnes in a period of 12 months: (i) information about the matters set out in Part C of the Schedule to the Act that is available to the applicant; and (ii) for a chemical that is to be used as an ultraviolet filter in a cosmetic to be applied to the skin—information about the matters set out in Part E of the Schedule to the Act that is available to the applicant; (c) if the chemical is a polymer, the matters relating to the polymer’s molecular weight set out in items 2, 3 and 4 of Part D of the Schedule to the Act; (d) whether the chemical is, or contains, a hazardous chemical; (e) whether the chemical has been notified and assessed in a foreign country; (f) the concentration amount of the chemical in the product containing the chemical; (g) the safety procedures to be observed when handling and storing the chemical; (h) the procedures to be adopted to control or limit the release of the chemical, or waste products resulting from the chemical, into the environment or workplace; (i) for an application for a controlled use permit by an applicant who intends to export the chemical—the details of the country to which the chemical is to be exported; (j) the Safety Data Sheet in relation to the chemical or the product containing the chemical; (k) the label to be attached to the packaging of the chemical or the product containing the chemical.

6C Controlled use permit guidelines

For subparagraph 22F(1)(b)(ii) of the Act, the guidelines set out in Schedule 1AB are prescribed for an application for a controlled use permit by an applicant who does not intend to export all of the chemical.

7 Prescribed international inventory of chemicals

For the purposes of paragraph 24(1)(b) of the Act, each of the following is a prescribed international inventory of chemicals: (a) The European Inventory of Existing Commercial Chemical Substances (EINECS) issued by the Commission of European Communities; (b) The List of Existing Chemical Substances issued by the Ministry of International Trade and Industry, Japan; (c) The Existing Chemicals List issued by the Ministry of Labour, Japan; (d) Toxic Substances Control Act (TSCA) Chemical Substance Inventory issued by the U.S. Environmental Protection Agency, Office of Toxic Substances, Washington DC 20460.

7A Statements by importers of chemicals

(1) The importer of a chemical must keep a statement in accordance with subregulation (2) together with documents relating to the chemical that are relevant commercial documents within the meaning of section 240 of the Customs Act 1901. (2) The statement must be in writing and specify: (a) whether the chemical is, or contains, an industrial chemical; and (c) whether the chemical is a new industrial chemical; and (d) whether there is an assessment certificate under subsection 39(1) or (1A) of the Act in force in relation to the chemical; and (e) in the case of a chemical to which paragraph (b) or (d) does not apply—whether subsection 21(2) of the Act applies to the chemical.

7B Chemicals to which early introduction permit can apply

For paragraph 30A(1A)(c) of the Act, the criteria are: (a) set out in: (i) clauses 2 and 3 of Schedule 1AA; or (ii) clause 2 of Schedule 1AB; and (b) the requirement that the introduction of the chemical is consistent with the reasonable protection of occupational health and safety, public health and the environment, taking into account the following matters: (i) the proposed nature of the use of the chemical; (ii) the extent of the proposed use of the chemical; (iii) the effect of the chemical on the environment; (iv) the effect of the chemical on occupational health and safety and public health; (v) the structure and activity of the chemical; (vi) whether, in Australia or overseas, the chemical is the subject of: (A) investigations initiated by a person because of concerns about a possible adverse effect on occupational health and safety, public health or the environment; or (B) action taken by a person to control the use of, or access to, the chemical.

8A Prescribed authority (Act s 38(5)(a))

For paragraph 38(5)(a) of the Act, the Environment Department is the prescribed authority of the Commonwealth.

8B Assessment certificates

For subsections 39(1) and (1A) of the Act, an assessment certificate must contain the following: (a) the name of the applicant; (b) particulars of the chemical (other than exempt information); (c) a statement that the applicant has complied with the requirements of the Act regarding the notification of the chemical; (d) a statement that the chemical has been assessed under the Act; (e) a statement that a notice has been, or is to be, published in the Chemical Gazette stating that the public report about the chemical is available; (f) the date of publication of the notice mentioned in paragraph (e).

8C Prescribed authority (Act s 40G(1)(a)(i))

For subparagraph 40G(1)(a)(i) of the Act, the Environment Department is the prescribed authority of the Commonwealth.

8D Extension of original assessment certificates

For the purposes of subsection 40H(2) of the Act, an assessment certificate endorsed to indicate that it is an extension of an original assessment certificate must contain the following: (a) the name of the applicant for the original assessment certificate; (b) the name of the importer or manufacturer who applied for extension of the original assessment certificate; (c) particulars of the chemical (other than exempt information); (d) a statement that the applicant for the original assessment certificate had complied with the requirements of the Act regarding the notification of the chemical; (e) a statement that the chemical has been assessed under the Act; (f) the date of publication, in the Chemical Gazette, of the notice that stated the original public report about the chemical was available; (g) a statement that a notice has been, or is to be, published in the Chemical Gazette stating that the public report incorporating modifications is available; (h) the date of publication of the notice mentioned in paragraph (g).

9 Application forms—section 55 of the Act

(1) For the purposes of subsection 55(1) of the Act, Form 1 in Schedule 1 is prescribed. (2) For the purposes of subsection 55(2) of the Act, Form 2 in Schedule 1 is prescribed.

9B Prescribed authority (Act s 60F (7)(a))

For paragraph 60F(7) (a) of the Act, the Environment Department is the prescribed authority of the Commonwealth.

11 Inspection of Safety Data Sheets

For the purposes of section 78 of the Act, copies of the Safety Data Sheet (if any) for a chemical may be inspected by the public at the Library during inspection times.

11AA Inspection of Register

For the purposes of subsection 80C(4) of the Act, the Register may be inspected by the public at the Library during inspection times.

11AB Amount of registration charge

(1) This regulation sets out amounts of registration charge for the purposes of the items in the table in subsection 80T(2) of the Act. (3) For the registration year beginning on 1 September 2017, the amounts are as follows: (a) for the purposes of table item 1—$317; (b) for the purposes of table item 2—$2,112; (c) for the purposes of table item 3—$22,322. (4) For the registration year beginning on 1 September 2018, the amounts are as follows: (a) for the purposes of table item 1—$346; (b) for the purposes of table item 2—$2,286; (c) for the purposes of table item 3—$24,116. (5) For the registration year beginning on 1 September 2019, and for each later registration year, the amounts are as follows: (a) for the purposes of table item 1—$350; (b) for the purposes of table item 2—$2,315; (c) for the purposes of table item 3—$24,440.

11B Prescribed international agreement (Act s 106)

For paragraph 106(1) (a) of the Act, the following are prescribed international agreements: (a) the Rotterdam Convention; (b) the Stockholm Convention.

11C Introduction and export of certain industrial chemicals prohibited without approval (Act s 106)

(1) This regulation applies to each of the following industrial chemicals, being chemicals that are the subject of the Rotterdam Convention: (a) each of the following kinds of polybrominated biphenyls: (i) hexabromobiphenyl; (ii) octabromobiphenyl; (iii) decabromobiphenyl; (b) tris (2,3‑dibromopropyl) phosphate; (c) polychlorinated biphenyls; (d) polychlorinated terphenyls; (e) tetraethyl lead; (f) tetramethyl lead; (g) commercial pentabromodiphenyl ether (including tetrabromodiphenyl ether and pentabromodiphenyl ether); (h) commercial octabromodiphenyl ether (including hexabromodiphenyl ether and heptabromodiphenyl ether); (i) perfluorooctane sulfonic acid; (j) perfluorooctane sulfonates, perfluorooctane sulfonamides and perfluorooctane sulfonyls, including the following: (i) potassium perfluorooctane sulfonate; (ii) lithium perfluorooctane sulfonate; (iii) ammonium perfluorooctane sulfonate; (iv) diethanolammonium perfluorooctane sulfonate; (v) tetraethylammonium perfluorooctane sulfonate; (vi) didecyldimethylammonium perfluorooctane sulfonate; (vii) N‑ethylperfluorooctane sulfonamide; (viii) N‑methylperfluorooctane sulfonamide; (ix) N‑ethyl‑N‑(2‑hydroxyethyl) perfluorooctane sulfonamide; (x) N‑(2‑hydroxyethyl)‑N‑methylperfluorooctane sulfonamide; (xi) perfluorooctane sulfonyl fluoride; (k) tributyltin compounds, including the following: (i) tributyltin oxide; (ii) tributyltin benzoate; (iii) tributyltin chloride; (iv) tributyltin fluoride; (v) tributyltin linoleate; (vi) tributyltin methacrylate; (vii) tributyltin naphthenate; (l) alkanes, C10‑13, chloro‑. (2) The export of an industrial chemical mentioned in subregulation (1) is prohibited unless the Director has given written approval for the export at or before the time of the proposed export. (3) The introduction of an industrial chemical mentioned in paragraph (1)(a) or any of paragraphs (f) to (l) is prohibited unless the Director has given written approval for its introduction at or before the time of the proposed introduction.

Note: Section 21 of the Act (which relates to the introduction of new industrial chemicals) may also apply to the introduction of an industrial chemical mentioned in paragraph (1)(a), (h) or (i) or subparagraph (1)(j)(vi) or (vii).

(4) The introduction of the industrial chemical mentioned in paragraph (1)(e) is prohibited unless: (a) the Director has given written approval for its introduction at or before the time of the proposed introduction; or (b) the industrial chemical is introduced in aviation gasoline (avgas), or for use in the production of avgas; or (c) the industrial chemical is introduced: (i) in leaded fuel; and (ii) by a person in respect of whom an approval granted under subsection 13(1) of the Fuel Quality Standards Act 2000 is in force at the time of the introduction; and (iii) for the purpose of a supply that is specified in the approval. (5) For subregulation (4):

fuel has the meaning given by subregulation 3(2) of the Fuel Quality Standards Regulations 2001.

supply has the meaning given by subsection 4(1) of the Fuel Quality Standards Act 2000.

Note: Subsection 106(5) of the Act provides that a person who introduces or exports an industrial chemical in contravention of a regulation made for the purposes of subsection 106(1), or of a condition or restriction prescribed by such a regulation, is guilty of an offence.

12 Inspection of Chemical Gazette

For the purposes of section 107 of the Act, copies of each Chemical Gazette that contains a notice under the Act may be inspected by the public at the Library during inspection times.

13 Fees and late renewal penalties

For the purposes of sections 110 and 110A of the Act, the fees and late renewal penalties payable under the Act are set out in Schedule 2.

14 When must fees be paid

A fee prescribed under regulation 13 must be paid at the time of lodgement of the application, statement, nomination or notification to which it relates.

14A Remission of registration charge

(1) This regulation applies if: (a) a person has paid an amount as or on account of registration charge in relation to a registration year; and (b) the amount paid was greater than the amount of registration charge, if any, the person was liable to pay under section 80S of the Act in relation to the registration year; and (c) the person is not entitled to be repaid the amount paid, under subsection 80P(3) of the Act, in relation to the registration year. (2) For paragraph 80U(b) of the Act, the Director may, either on his or her own initiative or on application by a person, remit the amount that is the difference between the amount paid and the amount of registration charge, if any, the person was liable to pay under section 80S of the Act in relation to the registration year. (3) An application by a person for the remission of an amount of registration charge must be in writing and be made within 3 years after the end of the registration year to which the charge relates.

15 Remission of fees (Act, s. 110)

(1) Subject to subregulations (2) and (3), if: (a) an application, statement, nomination or notification has been lodged and the prescribed fee has been paid; and (b) the application, statement, nomination or notification is withdrawn before: (i) the Minister: (A) has granted a permit under section 30 of the Act; or (B) has approved a foreign scheme under subsection 43(3) of the Act; or (ii) the Director: (A) has made a decision in relation to an application under subsection 14(3), 17(3) or 19(7) or section 25, 29, 37, 40, 42, 45, 50, 60, 66 or 89 of the Act; or (B) has given an assessment certificate under section 39 of the Act; or (C) has given an authorisation under section 22 of the Act; or (D) has waived or varied a requirement under section 24 of the Act; or (E) has published a notice under section 65 of the Act; the Director may, if he or she thinks fit, remit any part or the whole of the fee paid in respect of that application, statement, nomination or notification. (2) In exercising a discretion under subregulation (1), the Director must take into account the cost of any completed phase of the process of assessing or deciding the application, statement, nomination or notification. (3) If an application, statement, nomination or notification to which paragraph (1)(a) applies is withdrawn before consideration of it has begun: (a) subregulation (1) does not apply; and (b) 90% of the prescribed fee paid on the application, statement, nomination or notification must be repaid to the person or persons who paid it. (4) If: (a) a person lodges an application or notification and pays the prescribed fee; and (b) the Director considers that more information is needed to enable the Director to assess or otherwise process the application or notification; and (c) the Director considers the person can give the information to the Director; and (d) the Director gives the person a written notice specifying the information needed and requiring the person to give the information to the Director; and (e) the person fails, within the time (of at least 14 days) specified in the written notice for giving the information: (i) to give the Director the information; or (ii) to satisfy the Director that the person cannot give some or all of the information; the person is taken to have withdrawn the application or notification, and the Director must repay the prescribed fee minus the screening fee. (5) The screening fee is an amount equal to 15% of the prescribed fee. (6) The Director may remit a part, or the whole, of a fee paid for an application made under subsection 30A(1) of the Act for a chemical mentioned in paragraph 30A(1A)(a) or (b) of the Act.

16 Waiver or remission of fees—application under section 24 of the Act to vary the requirements of section 23 of the Act

For subsection 110(5) of the Act, the Director may, on behalf of the Commonwealth, wholly or partly waive or remit any fee that would otherwise be payable by a person under paragraph 110(1)(f) of the Act, if the Director considers that it is reasonable to do so in the circumstances.

16A Waiver of fees—secondary notification of listed industrial chemicals

For subsection 110(5) of the Act, the Director may wholly or partly waive any fee that would otherwise be payable by a person under paragraph 110(1)(s) of the Act, if the fee is payable in relation to a notification of a listed industrial chemical.

16B Waiver or remission of late renewal penalty

For subsection 110A(4) of the Act, the Director may, on behalf of the Commonwealth, wholly or partly waive or remit any late renewal penalty that would otherwise be payable under section 110A of the Act, if the Director considers that it is reasonable to do so in the circumstances.

17 Appeal to the Administrative Appeals Tribunal

(1) Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Director made in the exercise of the Director’s powers under any of the following: (a) subregulation 14A(2); (b) subregulation 15(1); (c) subregulation 15(4); (d) regulation 16; (e) regulation 16A; (f) regulation 16B. (2) In subregulation (1), decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.

18 Transitional provisions

Schedule 5 has effect.

Form 1

APPLICATION FOR ASSESSMENT OF A CHEMICAL UNDER SUBSECTION 55(1) OF THE INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989

Name of applicant:

Address of applicant:

Details of chemical:

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr><td style="width:9.6%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p><span>(1)</span></p></td><td style="width:75.02%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p><span>Chemical name of chemical:</span></p></td><td style="width:15.38%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p><span style="font-style:italic">(a)</span><span></span></p></td></tr><tr><td style="width:9.6%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(2)</span></p></td><td style="width:75.02%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Name or names by which the chemical is known:</span></p></td><td style="width:15.38%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span style="font-style:italic">(b)</span><span></span></p></td></tr><tr><td style="width:9.6%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(3)</span></p></td><td style="width:75.02%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Name or names under which the chemical is marketed by applicant:</span></p></td><td style="width:15.38%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span style="font-style:italic">(c)</span><span></span></p></td></tr><tr><td style="width:9.6%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(4)</span></p></td><td style="width:75.02%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Chemical Abstract Service Number:</span></p></td><td style="width:15.38%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span style="font-style:italic">(d)</span><span></span></p></td></tr><tr><td style="width:9.6%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(5)</span></p></td><td style="width:75.02%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Molecular formula:</span></p></td><td style="width:15.38%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span></span></p></td></tr><tr><td style="width:9.6%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(6)</span></p></td><td style="width:75.02%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Structural Formula:</span></p></td><td style="width:15.38%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span></span></p></td></tr><tr><td style="width:9.6%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(7)</span></p></td><td style="width:75.02%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Gram</span><span>‑</span><span>molecular weight:</span><span></span></p></td><td style="width:15.38%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span></span></p></td></tr><tr><td colspan="3" style="padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:6pt"><span style="width:141.75pt; font-family:'Lucida Console', monospace; font-style:italic; display:inline-block">.....................</span></p></td></tr><tr><td colspan="3" style="padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt; margin-left:15.85pt"><span>(Signature of applicant)</span></p></td></tr><tr><td colspan="2" style="border-bottom:1pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt; margin-left:63.8pt; margin-bottom:9pt"><span style="font-style:italic">(e)</span><span></span></p></td><td style="width:15.38%; border-bottom:1pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-bottom:9pt"><span></span></p></td></tr></tbody></table>

(a) insert the chemical name of the chemical:

(i) in the case of a pure chemical:

(A) the name to be used in the Australian Inventory of Chemical Substances, that is the Chemical Abstracts (CA) Preferred Index Name; or

(B) if such a name is not available — the name to be used by the International Union for Pure and Applied Chemistry; and

(ii) in any other case — as complete a description of the chemical as is practicable; and

(iii) in the case of a biopolymer, include a description of the biological source of the biopolymer

(b) insert the name or names by which the chemical is known or identified in scientific or technical literature

(c) insert the name or names under which applicant markets, or intends to market, the chemical

(d) insert the number assigned to the chemical by the service known as the Chemical Abstract Service

(e) insert date

Form 2

APPLICATION FOR ASSESSMENT OF A CHEMICAL UNDER SUBSECTION 55(2) OF THE INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989

Name of applicant:

Address of applicant:

Details of chemical:

<table cellspacing="0" cellpadding="0" style="width:100%; border-collapse:collapse"><tbody><tr><td style="width:11.14%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(1)</span></p></td><td style="width:79.2%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Chemical name of chemical:</span></p></td><td style="width:9.66%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span style="font-style:italic">(a)</span><span></span></p></td></tr><tr><td style="width:11.14%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(2)</span></p></td><td style="width:79.2%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Name or names by which chemical is known:</span></p></td><td style="width:9.66%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span style="font-style:italic">(b)</span><span></span></p></td></tr><tr><td style="width:11.14%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(3)</span></p></td><td style="width:79.2%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Name or names under which chemical is marketed by applicant:</span></p></td><td style="width:9.66%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span style="font-style:italic">(c)</span><span></span></p></td></tr><tr><td style="width:11.14%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(4)</span></p></td><td style="width:79.2%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Chemical Abstract Service Number:</span></p></td><td style="width:9.66%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span style="font-style:italic">(d)</span><span></span></p></td></tr><tr><td style="width:11.14%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(5)</span></p></td><td style="width:79.2%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Molecular formula:</span></p></td><td style="width:9.66%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span></span></p></td></tr><tr><td style="width:11.14%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>(6)</span></p></td><td style="width:79.2%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span>Structural Formula:</span></p></td><td style="width:9.66%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt"><span></span></p></td></tr><tr><td style="width:11.14%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt; page-break-after:avoid"><span>(7)</span></p></td><td style="width:79.2%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt; page-break-after:avoid"><span>Gram</span><span>‑</span><span>molecular weight:</span><span></span></p></td><td style="width:9.66%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt; page-break-after:avoid"><span></span></p></td></tr><tr><td colspan="2" style="padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt; page-break-after:avoid"><span style="width:141.75pt; font-family:'Lucida Console', monospace; display:inline-block">.....................</span></p></td><td style="width:9.66%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt; page-break-after:avoid"><span></span></p></td></tr><tr><td colspan="2" style="padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt; margin-left:14.2pt; page-break-after:avoid"><span>(Signature of applicant)</span></p></td><td style="width:9.66%; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="page-break-after:avoid"><span style="font-style:italic"></span></p></td></tr><tr><td colspan="2" style="border-bottom:1pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-top:3pt; margin-left:63.8pt; margin-bottom:9pt"><span style="font-style:italic">(e)</span><span></span></p></td><td style="width:9.66%; border-bottom:1pt solid #000000; padding-right:5.4pt; padding-left:5.4pt; vertical-align:top"><p style="margin-bottom:9pt"><span></span></p></td></tr></tbody></table>

(a) insert the chemical name of the chemical:

(i) in the case of a pure chemical:

(A) the name to be used in the Australian Inventory of Chemical Substances, that is the Chemical Abstracts (CA) Preferred Index Name; or

(B) if such a name is not available — the name to be used by the International Union for Pure and Applied Chemistry; and

(ii) in any other case — as complete a description of the chemical as is practicable; and

(iii) in the case of a biopolymer, include a description of the biological source of the biopolymer

(b) insert the name or names by which the chemical is known or identified in scientific or technical literature

(c) insert the name or names under which applicant markets, or intends to market, the chemical

(d) insert the number assigned to the chemical by the service known as the Chemical Abstract Service

(e) insert date

Part 1—Di and Tri Basic Acids

Part 2—Modifiers

Part 3—Monobasic Acids and Natural Oils

Part 4—Polyols

Part 5—Derivatives