Commonwealth Consolidated Acts Commonwealth Consolidated ActsIndustrial Chemicals (Notification and Assessment) Act 1989
1 Subsection 5(1) (at the end of the definition of exempt information )
Add:
Note: See also subsection 89(3).
2 Subsection 5(1)
Insert:
"Regulatory Powers Act" means the Regulatory Powers (Standard Provisions) Act 2014 .
3 Section 76
After "under this Act" (first occurring), insert "or the Regulatory Powers Act as that Act applies in relation to this Act or the regulations".
4 Paragraph 76(a)
After "under this Act", insert "or the Regulatory Powers Act as that Act applies in relation to this Act or the regulations".
5 Section 83
Repeal the section, substitute:
Enforceable provisions
(1) A provision is enforceable under Part 7 of the Regulatory Powers Act if it is:
(a) an offence against this Act or the regulations; or
(b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the regulations.
Note: Part 7 of the Regulatory Powers Act creates a framework for using injunctions to enforce provisions.
Authorised person
(2) For the purposes of Part 7 of the Regulatory Powers Act, each of the following persons is an authorised person in relation to the provisions mentioned in subsection ( 1):
(a) the Minister;
(b) any other person.
Relevant court
(3) For the purposes of Part 7 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection ( 1):
(a) the Federal Court of Australia;
(b) the Federal Circuit Court of Australia;
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
Additional matters relevant to court's power to grant injunctions
(4) The power of a relevant court under Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection ( 1), to grant an injunction restraining a person from engaging in conduct may be exercised whether or not conduct of that kind constitutes a serious and immediate risk of adverse health effects or adverse environmental effects.
(5) The power of a relevant court under Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection ( 1), to grant an injunction requiring a person to do a thing may be exercised whether or not there is a serious and immediate risk of adverse health effects or adverse environmental effects if the person refuses or fails to do that thing.
(6) Subsections ( 4) and (5) are in addition to, and do not limit, subsections 124(1) and (2) of the Regulatory Powers Act.
Extension to external Territories
(7) Part 7 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection ( 1), extends to every external Territory.
6 Sections 85 to 88
Repeal the sections, substitute:
Provisions subject to monitoring
(1) The following provisions are subject to monitoring under Part 2 of the Regulatory Powers Act:
(a) the provisions of this Act and the regulations;
(b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the regulations.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether this Act and the regulations have been complied with. It includes powers of entry and inspection.
Information subject to monitoring
(2) Information given in compliance or purported compliance with a provision of this Act or the regulations is subject to monitoring under Part 2 of the Regulatory Powers Act.
Note: Part 2 of the Regulatory Powers Act creates a framework for monitoring whether the information is correct. It includes powers of entry and inspection.
Related provisions
(3) For the purposes of Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection ( 1) and the information mentioned in subsection ( 2), there are no related provisions.
Authorised applicant
(4) For the purposes of Part 2 of the Regulatory Powers Act, an inspector is an authorised applicant in relation to the provisions mentioned in subsection ( 1) and the information mentioned in subsection ( 2).
Authorised person
(5) For the purposes of Part 2 of the Regulatory Powers Act, an inspector is an authorised person in relation to the provisions mentioned in subsection ( 1) and the information mentioned in subsection ( 2).
Issuing officer
(6) For the purposes of Part 2 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to the provisions mentioned in subsection ( 1) and the information mentioned in subsection ( 2).
Relevant chief executive
(7) For the purposes of Part 2 of the Regulatory Powers Act, the Director is the relevant chief executive in relation to the provisions mentioned in subsection ( 1) and the information mentioned in subsection ( 2).
(8) The Director may, in writing, delegate the Director's powers and functions under Part 2 of the Regulatory Powers Act in relation to the provisions mentioned in subsection ( 1) and the information mentioned in subsection ( 2) to:
(a) a person whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999 ; or
(b) a person who is acting in a position usually occupied by a person with a classification level of a kind mentioned in paragraph ( a).
Relevant court
(9) For the purposes of Part 2 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection ( 1) and the information mentioned in subsection ( 2):
(a) the Federal Court of Australia;
(b) the Federal Circuit Court of Australia;
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
Person assisting
(10) For the purposes of Part 2 of the Regulatory Powers Act, an inspector may be assisted by other persons in exercising powers or performing functions or duties under that Part in relation to the provisions mentioned in subsection ( 1) and the information mentioned in subsection ( 2).
Use of force in executing a warrant
(11) In executing a monitoring warrant under Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection ( 1) or the information mentioned in subsection ( 2):
(a) an inspector may use such force against things as is necessary and reasonable in the circumstances; and
(b) a person assisting an inspector may use such force against things as is necessary and reasonable in the circumstances.
Additional monitoring powers
(12) For the purposes of determining:
(a) whether a provision mentioned in subsection ( 1) has been, or is being, complied with; or
(b) the correctness of information mentioned in subsection ( 2);
the additional powers mentioned in subsection ( 13) are taken to be included in the monitoring powers under Part 2 of the Act.
(13) The additional monitoring powers are the powers to take and keep samples of any substance at any premises entered under section 18 of the Regulatory Powers Act, as that section applies in relation to the provisions mentioned in subsection ( 1) or the information mentioned in subsection ( 2).
Extension to external Territories
(14) Part 2 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsection ( 1) and the information mentioned in subsection ( 2), extends to every external Territory.
Provisions subject to investigation
(1) The following provisions are subject to investigation under Part 3 of the Regulatory Powers Act:
(a) an offence against this Act or the regulations;
(b) an offence against the Crimes Act 1914 or the Criminal Code that relates to this Act or the regulations.
Note: Part 3 of the Regulatory Powers Act creates a framework for investigating whether a provision has been contravened. It includes powers of entry, search and seizure.
Related provisions
(2) For the purposes of Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection ( 1), there are no related provisions.
Authorised applicant
(3) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is an authorised applicant in relation to evidential material that relates to a provision mentioned in subsection ( 1).
Authorised person
(4) For the purposes of Part 3 of the Regulatory Powers Act, an inspector is an authorised person in relation to evidential material that relates to a provision mentioned in subsection ( 1).
Issuing officer
(5) For the purposes of Part 3 of the Regulatory Powers Act, a magistrate is an issuing officer in relation to evidential material that relates to a provision mentioned in subsection ( 1).
Relevant chief executive
(6) For the purposes of Part 3 of the Regulatory Powers Act, the Director is the relevant chief executive in relation to evidential material that relates to a provision mentioned in subsection ( 1).
(7) The Director may, in writing, delegate the Director's powers and functions under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection ( 1) to:
(a) a person whose classification level appears in Group 7 or 8 of Schedule 1 to the Classification Rules under the Public Service Act 1999 ; or
(b) a person who is acting in a position usually occupied by a person with a classification level of a kind mentioned in paragraph ( a).
Relevant court
(8) For the purposes of Part 3 of the Regulatory Powers Act, each of the following courts is a relevant court in relation to the provisions mentioned in subsection ( 1):
(a) the Federal Court of Australia;
(b) the Federal Circuit Court of Australia;
(c) a court of a State or Territory that has jurisdiction in relation to matters arising under this Act.
Person assisting
(9) An inspector may be assisted by other persons in exercising powers or performing functions or duties under Part 3 of the Regulatory Powers Act in relation to evidential material that relates to a provision mentioned in subsection ( 1).
Use of force in executing a warrant
(10) In executing an investigation warrant under Part 3 of the Regulatory Powers Act, as that Part applies in relation to evidential material that relates to a provision mentioned in subsection ( 1):
(a) an inspector may use such force against things as is necessary and reasonable in the circumstances; and
(b) a person assisting an inspector may use such force against things as is necessary and reasonable in the circumstances.
Extension to external Territories
(11) Part 3 of the Regulatory Powers Act, as that Part applies in relation to a provision mentioned in subsection ( 1), extends to every external Territory.
7 Section 89
Repeal the section, substitute:
Division 5 -- Exempt information given to inspectors
89 Exempt information given to inspectors
(1) If:
(a) an inspector enters premises under Part 2 or 3 of the Regulatory Powers Act, as that Part applies in relation to the provisions mentioned in subsections 85(1) and 86(1) of this Act, and the information mentioned in subsection 85(2) of this Act; and
(b) the inspector asks the occupier of the premises, or requires any person on the premises, to answer any question or produce any document;
the occupier or person may apply to the Director, in the approved form, for one or more of the following to be treated as exempt information under section 75:
(c) specified information given in answer to the question;
(d) specified information in the document;
(e) specified information obtained by the inspector, or a person assisting the inspector, because of that entry or of the exercise of powers under that Part as a result of that entry.
(2) Before making such an application, the occupier of the premises, or the person on the premises, may inform the inspector of:
(a) the occupier's or person's intention to make such an application; and
(b) the information (the prospective information ) to be specified in such an application.
(3) If the occupier of the premises, or the person on the premises, so informs the inspector, the prospective information is taken to be exempt information for the purposes of this Act until whichever of the following occurs first:
(a) the occupier or person makes the application;
(b) the end of the period of 7 days beginning on the day the inspector was so informed.
8 Section 104
Omit "sections 83 and 105", substitute "section 105".
Part 2 -- Application and saving provisions
9 Application and saving provision--injunctions
(1) Part 7 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under section 83 of the Industrial Chemicals (Notification and Assessment) Act 1989 , applies in relation to contraventions occurring on or after the commencement of this Schedule.
(2) Section 83 of the Industrial Chemicals (Notification and Assessment) Act 1989 , as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to contraventions occurring before the commencement of this Schedule.
10 Saving provision--identity cards
Despite the repeal of section 85 of the Industrial Chemicals (Notification and Assessment) Act 1989 made by this Schedule, that section, as in force immediately before the commencement of this Schedule, continues to apply on and after that commencement in relation to a person who ceased to be an inspector before that commencement.
11 Application and saving provisions--monitoring and investigation
(1) Part 2 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under Division 3 of Part 4 of the Industrial Chemicals (Notification and Assessment) Act 1989 , applies in relation to:
(a) determining whether a provision mentioned in subsection 85(1) of the Industrial Chemicals (Notification and Assessment) Act 1989 has been complied with before, on or after the commencement of this Schedule; and
(b) determining whether information given in compliance or purported compliance with a provision of the Industrial Chemicals (Notification and Assessment) Act 1989 , or the regulations under that Act, before on or after the commencement of this Schedule is correct.
(2) Part 3 of the Regulatory Powers (Standard Provisions) Act 2014 , as that Part applies under Division 4 of Part 4 of the Industrial Chemicals (Notification and Assessment) Act 1989 , applies in relation to evidential material that relates to a provision mentioned in subsection 86(1) of the Industrial Chemicals (Notification and Assessment) Act 1989 , if the suspected contravention of the provision occurred before, on or after the commencement of this Schedule.
(3) Sections 85 to 88 of the Industrial Chemicals (Notification and Assessment) Act 1989 , as in force immediately before the commencement of this Schedule, continue to apply on and after that commencement in relation to the following:
(a) an application for a warrant made, but not decided, under section 86 or 87 of that Act before that commencement;
(b) a warrant issued under section 86 or 87 of that Act before, on or after that commencement as a result of an application made before that commencement;
(c) powers exercised under section 86 or 87 of that Act before, on or after that commencement in relation to:
(i) an entry onto premises before that commencement with the consent of the occupier of the premises; or
(ii) an entry onto premises before, on or after that commencement as a result of a warrant referred to in paragraph ( b);
(d) things seized under section 87 of that Act before, on or after that commencement;
(e) a requirement made under subsection 88(1) of that Act before, on or after that commencement.
12 Saving provision--exempt information
(1) Information that is exempt information immediately before the commencement of this Schedule because of an application under paragraph 89(1)(d) of the Industrial Chemicals (Notification and Assessment) Act 1989 continues to be exempt information on and after that commencement.
(2) If:
(a) before the commencement of this Schedule, an application was made under paragraph 89(1)(d) of the Industrial Chemicals (Notification and Assessment) Act 1989 ; but
(b) the application was not finalised before that commencement;
then that Act, as in force immediately before that commencement, continues to apply on and after that commencement in relation to:
(c) that application; and
(d) information that is exempt information as a result of that application.
(3) If:
(a) before the commencement of this Schedule, a person informed an inspector under paragraph 89(1)(e) of the Industrial Chemicals (Notification and Assessment) Act 1989 of the person's intention to make an application; but
(b) before that commencement, the application had not been made and the 7 - day period mentioned in paragraph 89(2)(b) of that Act had not ended;
then:
(c) that Act, as in force immediately before that commencement, continues to apply on and after that commencement in relation to the informing of the inspector; and
(d) in particular, the person may make an application on or after that commencement under paragraph 89(1)(d) of that Act as in force immediately before that commencement.
13 Saving provision--regulations
The amendments of the Industrial Chemicals (Notification and Assessment) Act 1989 made by this Schedule do not affect the continuity of regulations that were made for the purposes of section 110 of that Act and were in force immediately before the commencement of this Schedule.