INDUSTRIAL CHEMICALS ACT 2019

Commonwealth Consolidated Acts

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INDUSTRIAL CHEMICALS ACT 2019

TABLE OF PROVISIONS

Long Title

PART 1--PRELIMINARY

1. Short title
2. Commencement
3. Act binds the Crown
4. Alternative constitutional basis for this Act
5. Extension to external Territories
6. Relationship to other laws
7. Objects of this Act
8. Simplified outline of this Act
9. Definitions
10. Definition of industrial chemical
11. Application of this Act to excluded introductions

PART 2--REGISTRATION--OF INDUSTRIAL CHEMICAL INTRODUCERS

Division 1--Simplified outline of this Part

12. Simplified outline of this Part

Division 2--Registration

13. Introducers must be registered
14. Establishment of Register
15. Content of Register
16. Applying for registration
17. Grant of registration
18. Correction of register
19. Cancellation of registration

Division 3--Registration charge

20. Registration charge
21. Amount of registration charge
22. Other matters relating to registration charge

PART 3--CATEGORISATION--AND ASSESSMENT OF INDUSTRIAL CHEMICALS

Division 1--Simplified outline of this Part

23. Simplified outline of this Part

Division 2--Introduction categories

24. Introductions must be authorised
25. Listed introductions
26. Exempted introductions
27. Reported introductions
28. Assessed introductions
29. Commercial evaluation introductions
30. Exceptional circumstances introductions

Division 3--Assessment certificates

Subdivision A--Obtaining a certificate

31. Applying for a certificate
32. Executive Director must consider application
33. Executive Director may request further information
34. Consultation with prescribed bodies
35. Consultation with Gene Technology Regulator
36. Submissions on draft assessment statement
37. Issue of certificate and assessment statement
38. Content of certificate
39. When certificate is in force

Subdivision B--Changes to certificate holders or persons covered by a certificate

40. Applying to change persons covered
41. Applying to change certificate holders
42. Changing certificate holders on Executive Director's initiative

Subdivision C--Varying the terms of an assessment certificate

43. Applying for a variation of the terms of an assessment certificate
44. Executive Director must consider application
45. Executive Director may request further information
46. Consultation with prescribed bodies
47. Consultation with Gene Technology Regulator
48. Submissions on draft assessment statement
49. Issue of varied assessment certificate and assessment statement
50. Variations on Executive Director's initiative

Subdivision D--Cancelling an assessment certificate

51. Applying to cancel a certificate
52. Cancelling on Executive Director's initiative

Division 4--Commercial evaluation authorisations

Subdivision A--Obtaining an authorisation

53. Applying for an authorisation
54. Executive Director must consider application
55. Executive Director may request further information
56. Consultation with prescribed bodies
57. Consultation with Gene Technology Regulator
58. Issue of authorisation
59. Content of authorisation

Subdivision B--Changing authorisation holders

60. Applying to change authorisation holders
61. Changing authorisation holders on Executive Director's initiative

Subdivision C--Varying the terms of an authorisation

62. Applying for a variation of the terms of an authorisation
63. Issue of varied authorisation
64. Variations on Executive Director's initiative

Subdivision D--Cancelling an authorisation

65. Applying to cancel an authorisation
66. Cancelling on Executive Director's initiative

Division 5--Exceptional circumstances authorisations

67. Exceptional circumstances authorisations

PART 4--EVALUATIONS--INITIATED BY EXECUTIVE DIRECTOR

Division 1--Simplified outline of this Part

68. Simplified outline of this Part

Division 2--Evaluations of introductions authorised by an assessment certificate

69. Executive Director may initiate evaluation
70. Executive Director may require information
71. Consultation with prescribed bodies
72. Submissions on draft evaluation statement
73. Issue of evaluation statement

Division 3--Evaluations of other introductions or matters

74. Executive Director may initiate evaluation
75. Consultation to inform evaluation
76. Executive Director may require information
77. Person must comply with requirement to provide information
78. Issue of evaluation statement

PART 5--AUSTRALIAN--INVENTORY OF INDUSTRIAL CHEMICALS

Division 1--Simplified outline of this Part

79. Simplified outline of this Part

Division 2--Establishment and contents of Inventory

80. Establishment of the Inventory
81. Contents of the Inventory

Division 3--Inclusion of industrial chemicals on Inventory

82. Listing on Inventory after 5 years
83. Listing on Inventory before 5 years
84. Listing on Inventory in other circumstances

Division 4--Varying the Inventory

Subdivision A--Variation on Executive Director's initiative and variation relating to subsequent assessment certificates

85. Minor variations
86. Variations following an evaluation by the Executive Director
87. Variations relating to subsequent assessment certificates

Subdivision B--Variation on application

88. Applying for variation of listing
89. Executive Director must consider application
90. Executive Director may request further information
91. Consultation with prescribed bodies
92. Consultation with Gene Technology Regulator
93. Decision on application

Subdivision C--Variation following revocation of confidential business information approval

94. Variation following revocation of confidential business information approval

Subdivision D--Removing listed industrial chemicals

95. Removing listed industrial chemicals

PART 6--INFORMATION--, REPORTING AND CONFIDENTIALITY

Division 1--Simplified outline of this Part

96. Simplified outline of this Part

Division 2--Reporting

96A. Post - introduction declarations for exempted introductions
97. Pre - introduction reports for reported introductions
98. Varying the terms of a pre - introduction report
99. Annual declaration for all introduction categories
100. Obligation to report information about hazards
101. Specific obligations to provide information

Division 3--Record keeping and information gathering

102. Information required to demonstrate categorisation
103. Ban on animal test data for determining category for cosmetics
104. Record keeping for all categories

Division 4--Confidentiality and disclosure

Subdivision A--Confidentiality of proper name or end use in certain circumstances

105. Applying for protection
106. Executive Director may request further information
107. Consultation with prescribed bodies
108. Decision on application
109. When an AACN or generalised end use must be used
110. Notice of review of protection
111. Applying for continued protection

Subdivision B--Confidentiality of information in other circumstances

112. Providing notice of intention to apply for protection
113. Notice of intention to publish information must be given
113A. Executive Director may request further information
114. Decision on application

Subdivision C--Disclosure of information

115. Disclosing information
116. Disclosure in the course of exercising powers, or performing functions or duties
117. Disclosure to certain other entities
118. Disclosure with consent
119. Disclosure of publicly available information
120. Disclosure to a bona fide introducer
121. Disclosure to person to whom protected information relates
122. Disclosure to person from whom protected information was obtained
123. Disclosure to a Court, tribunal etc.
124. Disclosure for the purposes of law enforcement
125. Disclosure to reduce serious risk to public health
126. Disclosure to reduce serious risk to the environment

PART 7--ENFORCEMENT

Division 1--Simplified outline of this Part

127. Simplified outline of this Part

Division 2--Monitoring and investigation powers

128. Monitoring powers
129. Investigation powers

Division 3--Civil penalty provisions, infringement notices and injunctions

130. Civil penalty provisions
131. Infringement notices
132. Enforceable undertakings
133. Injunctions
134. Extension to external Territories

Division 4--Miscellaneous

135. Physical elements of offences
136. Contravening an offence provision or a civil penalty provision
137. Appointment of authorised inspectors
138. Delegations by relevant chief executive

PART 8--ADMINISTRATION

Division 1--Simplified outline of this Part

139. Simplified outline of this Part

Division 2--Australian Industrial Chemicals Introduction Scheme and the Executive Director

140. Australian Industrial Chemicals Introduction Scheme
141. Executive Director
142. Functions of Executive Director

Division 3--Appointment of the Executive Director

143. Appointment
144. Term of appointment
145. Acting Executive Director

Division 4--Terms and conditions for the Executive Director

146. Remuneration and allowances
147. Leave of absence
148. Outside employment
149. Disclosure of interests
150. Resignation of Executive Director
151. Termination of appointment of Executive Director
152. Other terms and conditions of appointment of Executive Director

Division 5--Persons assisting the Executive Director

153. Arrangements relating to staff of the Department
154. Other persons assisting the Executive Director

Division 6--Industrial Chemicals Special Account

155. Industrial Chemicals Special Account
156. Credits to Industrial Chemicals Special Account
157. Purposes of the Industrial Chemicals Special Account

PART 9--INTERNATIONAL--AGREEMENTS AND ARRANGEMENTS

Division 1--Simplified outline of this Part

158. Simplified outline of this Part

Division 2--Information exchange under the Rotterdam Convention

Subdivision A--Notification of ban or restriction

159. Notification of ban or restriction on introduction or use

Subdivision B--Exchange of certain information

160. Exchange of certain information about industrial chemicals

Subdivision C--Information gathering

161. Executive Director may obtain information and documents
162. Person must comply with notice under section 161

Division 3--Movements of industrial chemicals into or out of Australia

163. Movements of industrial chemicals into or out of Australia
164. Introducing or exporting if prohibited or restricted

PART 10--MISCELLANEOUS

165. Simplified outline of this Part
166. Reconsideration and review of decisions
167. General requirements for applications
168. Ban on animal test data for applications for cosmetics
169. Calculating the consideration period for an application
170. Additional provisions about fees
171. Protection from civil actions
172. Executive Director may use computer programs to make decisions
173. Copies of documents
174. Executive Director may retain documents
175. Self - incrimination
176. Delegations by Minister
177. Delegations by Executive Director
178. Compensation for acquisition of property
179. Annual report
180. Rules

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