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Safety, Rehabilitation and Compensation and Other Legislation Amendment Bill 2000
Schedule 1 Amendment of the Industrial Chemicals (Notification and Assessment) Act 1989

   

1  Section 5 (definition of assessment report )

Omit “or 68”, insert “, 68 or 68A”.

2  Section 5 (definition of Director )

Repeal the definition, substitute:

Director means the Director, National Industrial Chemicals Notification and Assessment Scheme, appointed under section 90.

3  Section 5

Insert:

existing chemical means an industrial chemical other than a new industrial chemical.

4  Section 5 (definition of new synthetic polymer )

Omit “a polymer” (wherever occurring), substitute “a synthetic polymer”.

5  Section 5

Insert:

prescribed reactant , in relation to a polyester, means a substance listed in the regulations as a prescribed reactant.

6  Section 5 (paragraph (a) of the definition of synthetic polymer of low concern )

Repeal the paragraph, substitute:

                     (a)  either:

                              (i)  has a number average molecular weight, as defined by the regulations, that is greater than 1,000; or

                             (ii)  is a polyester made from prescribed reactants and whose molecules contain at least 2 carboxylic acid ester linkages, at least one of which links internal monomer units together; and

7  Transitional provision

If, before the commencement of this item:

                     (a)  a person has applied for an assessment certificate in respect of a polyester that could, if the application had been made after the commencement of this item, have been assessed as a polymer of low concern; and

                     (b)  the assessment certificate has not yet been issued in respect of the polyester;

then:

                     (c)  the application is to be treated, after the commencement of this item, as if it were an application for an assessment certificate in respect of the polyester as a polymer of low concern; and

                     (d)  to the extent that the fees paid in respect of the assessment of that polyester exceed the fees that would be payable in respect of an assessment of the polyester as a polymer of low concern, an amount equal to the amount of that excess must be refunded to the applicant.

8  At the end of section 11

Add:

             (3)  If a chemical is included in the Inventory, the chemical may be imported into Australia, or manufactured in Australia, without obtaining an assessment certificate or permit.

Note:          Subsection (3) is not intended to be an exhaustive description of the effects or consequences of including a chemical in the Inventory. There may be other consequences, express or implied, because of other provisions of the Act.

9  Subsection 18A(1)

Omit “subsection 19(5)”, substitute “section 19”.

10  Section 19

Repeal the section, substitute:

19   Transfer of industrial chemical from confidential section to non-confidential section

Definitions

             (1)  In this section:

decision not to transfer , in respect of a chemical in the confidential section, means:

                     (a)  a decision by the Director not to transfer that chemical to the non-confidential section of the Inventory; or

                     (b)  if:

                              (i)  the Director decides to transfer the chemical to the non-confidential section of the Inventory; and

                             (ii)  the holder of a confidence about the chemical applies to the Tribunal for a review of the Director’s decision within 28 days after the making of the decision; and

                            (iii)  the Tribunal decides to revoke the Director’s decision and substitute a decision not to so transfer the chemical;

                            the Tribunal’s decision.

inclusion date , in respect of a chemical in the confidential section means:

                     (a)  unless paragraph (b) applies—the date of the chemical’s inclusion in the confidential section; or

                     (b)  if, since the chemical’s inclusion in the confidential section, a decision or decisions have been made not to transfer the chemical—the date of the decision or of the last such decision.

Inclusion in confidential section to be reviewed every 5 years

             (2)  An industrial chemical in the confidential section must be transferred to the non-confidential section on the fifth anniversary of its inclusion date unless a decision not to transfer the chemical is made before that fifth anniversary.

Notice of possible transfer

             (3)  The Director must, for each chemical that is in the confidential section, notify each holder of a confidence about the chemical, in writing:

                     (a)  that the chemical will be transferred to the non-confidential section unless a decision not to transfer the chemical is made; and

                     (b)  setting out the terms of this section.

The Director must give the notice at least 3 months before the fifth anniversary of the inclusion date in respect of that chemical.

Holder may state why chemical should not be transferred

             (4)  A holder of a confidence about a chemical may, within 28 days after being given a notice under subsection (3), give the Director a written statement setting out the reasons why the chemical should not be transferred to the non-confidential section.

After receipt of statement Director must decide

             (5)  If a statement is given under subsection (4), the Director must, not later than the fifth anniversary of the inclusion date in respect of the chemical, make a decision whether or not to transfer the chemical to the non-confidential section.

Director’s decision not to transfer chemical

             (6)  If, having regard to any statement made to the Director under this section by the holder of a confidence about a chemical, the Director is satisfied that:

                     (a)  the publication of some or all of the chemical’s particulars could reasonably be expected to prejudice substantially the commercial interest of any holder of a confidence who gave such a statement; and

                     (b)  the prejudice outweighs the public interest in the publication of those particulars;

the Director:

                     (c)  must decide not to transfer the chemical to the non-confidential section; and

                     (d)  must give written notice of the decision to each holder of a confidence who gave such a statement.

Director’s decision to transfer

             (7)  If, having regard to the statement or statements given to the Director, the Director is not satisfied as specified in subsection (6), the Director:

                     (a)  must give written notice of the decision to transfer the chemical to each holder of a confidence who made a statement to the Director; but

                     (b)  must delay the transfer:

                              (i)  unless subparagraph (ii) applies, for 28 days after giving the notice; and

                             (ii)  if the holder of a confidence applies during those 28 days to the Tribunal under section 102 for the review of the Director’s decision—until the application to the Tribunal is finalised.

11  Transitional provision

If, before the commencement of items 10, 52, 54 and 56 of this Schedule, the Director has given written notice to the holders of a confidence about a chemical under section 19 of the Industrial Chemicals (Notification and Assessment) Act 1989 as in force immediately before the commencement of those items, then, for the purposes of:

                     (a)  the Director’s consideration of any statement received, whether before or after the commencement of those items, as a result of that notice; and

                     (b)  the Director’s decision having regard to any statement so received; and

                     (c)  the implementation of the Director’s decision and any possible review of that decision by the Tribunal; and

                     (d)  the liability of a person to pay any fees in respect of a statement given under that section;

that Act continues to have affect as if those items had never been enacted.

12  Subsection 21(1) (penalty)

Repeal the penalty, substitute:

Penalty:  300 penalty units.

13  Subsection 21L(4) (penalty)

Repeal the penalty, substitute:

Penalty:  300 penalty units.

14  Subsection 21W(5) (penalty)

Repeal the penalty, substitute:

Penalty:  300 penalty units.

15  Subsection 31(2)

Omit “, except in the case of a full public report of an assessment of a synthetic polymer of low concern,”.

16  Subsection 34(2)

Repeal the subsection.

17  Subsection 35(1)

Omit “of an assessment of a chemical other than a synthetic polymer of low concern”, substitute “about a chemical”.

18  Section 36

Omit “(if any)”.

19  Subsections 37(2) and 38(5) and (7)

Omit “(if any)”.

20  Subsection 40(1)

Omit “a full report about a synthetic polymer of low concern has been published under subsection 34(2) or”.

21  Subsection 40(8)

Omit “(if any)”.

22  Paragraphs 40G(1)(b) and (c)

Omit “(if any)”.

23  Transitional provision

If a full public report has been published in the Chemical Gazette in respect of a synthetic polymer of low concern in accordance with subsection 34(2) of the Industrial Chemicals (Notification and Assessment) Act 1989 as in force before the date of commencement of items 16 and 17 of this Schedule, that publication is to be treated, on and after that day, as meeting the requirements of subsection 35(1) of that Act as amended by item 17.

24  Subsection 58(8) (penalty)

Repeal the penalty, substitute:

Penalty:  60 penalty units.

25  Subsection 60D(1)

Omit “the assessment certificate for,”, substitute “assessment of”.

26  Paragraphs 60E(6)(b) and 60F(5)(a)

Omit “the assessment certificate for” (wherever occurring), substitute “assessment of”.

27  Subsection 61(4) (penalty)

Repeal the penalty, substitute:

Penalty:  300 penalty units.

28  Subsection 61(5) (penalty)

Repeal the penalty, substitute:

Penalty:  240 penalty units.

29  Subsection 64(1) (penalty)

Repeal the penalty, substitute:

Penalty:  120 penalty units.

30  Subsection 64(2) (penalty)

Repeal the penalty, substitute:

Penalty:  120 penalty units.

31  Subsection 65(1)

Omit “must”, substitute “may”.

32  Transitional provisions

(1)        If, before the commencement of item 31 of this Schedule:

                     (a)  the Director has, under subsection 65(1) of the Industrial Chemicals (Notification and Assessment) Act 1989 , required the secondary notification of a chemical by persons to whom the notice applied; and

                     (b)  the period for secondary notification had not expired;

then the Director may, by notice published in the Chemical Gazette or published in such other way as the Director considers appropriate, revoke the notice requiring secondary notification.

(2)        If, in accordance with subitem (1), the Director revokes the notice requiring secondary notification:

                     (a)  the Industrial Chemicals (Notification and Assessment) Act 1989 has effect as if the notice had never been published; and

                     (b)  any application received under section 66 of that Act is treated as if it had never been so received; and

                     (c)  if any fees have been paid in respect of the secondary notification, the Director must, on behalf of the Commonwealth, remit those fees.

33  At the end of section 65

Add:

             (7)  If the Director requires the secondary notification of an industrial chemical by persons to whom a notice under subsection (1) or (2) applies, 2 or more of those persons may give a secondary notification of that chemical jointly.

             (8)  If 2 or more persons give a joint secondary notification of an industrial chemical, those persons are jointly and severally liable for the fee prescribed under paragraph 110(1)(s) to be the fee in respect of a secondary notification.

34  Subsection 67(2) (penalty)

Repeal the penalty, substitute:

Penalty:  120 penalty units.

35  Subsections 68(1) and (2)

Omit “a chemical”, substitute “a new industrial chemical”.

36  Subsection 68(3)

Omit “A chemical”, substitute “A new industrial chemical”.

37  Subsection 68(4)

Omit “a chemical”, substitute “a new industrial chemical”.

38  Subsection 68(5)

After “an assessment”, insert “of a new industrial chemical”.

39  Subsections 68(6) and (7)

After “assessment and report”, insert “in relation to a new industrial chemical”.

40  After section 68

Insert:

68A   Assessment of existing chemicals of which secondary notification required

             (1)  If a secondary notification of an existing chemical has been given, the Director must cause the chemical to be assessed in accordance with section 60A and a report of the assessment to be prepared.

             (2)  If the secondary notification of an existing chemical is required but is not given by any person, the Director may cause the chemical to be assessed in accordance with section 60A and a report of the assessment to be prepared.

             (3)  For the purposes of subsections (1) and (2), an assessment in accordance with section 60A is to be conducted as if the references in section 60A to a priority existing chemical were references to an existing chemical.

             (4)  Sections 60B to 60F (inclusive) apply in relation to an assessment of, and report on, an existing chemical required by this section but do so as if:

                     (a)  any references in those provisions to a priority existing chemical were references to an existing chemical; and

                     (b)  any references in those provisions to the applicant for the assessment of the chemical were references to each person who gave secondary notification of the chemical; and

                     (c)  the reference in section 60E to a notice under section 58 were a reference to a notice under section 69.

             (5)  Subject to subsection (6), an assessment of an existing chemical is to be made and a draft report of the assessment to be completed under section 60C within 6 months after the day on which the last information required for the assessment is received.

             (6)  The Minister may extend the period for assessment and report in relation to an existing chemical by up to 6 months if it is not reasonably practicable for the assessment to be carried out thoroughly, and the report completed, within that period.

             (7)  If the Minister extends the period for assessment and report in relation to an existing chemical, the Minister is required to notify each applicant for the assessment of the extension immediately.

Note:       The heading to section 68 is altered by inserting “ new industrial ” after “ Assessment of ”.

41  Transitional provision

If:

                     (a)  a secondary notification of an existing chemical has been given; and

                     (b)  the Director has commenced the assessment of the chemical in accordance with the terms of section 68 of the Industrial Chemicals (Notification and Assessment) Act 1989 before the commencement of items 35 to 39 of this Schedule;

the assessment is to continue as if the amendment of that Act made by those items had not yet come into effect.

42  Subsection 69(1)

Repeal the subsection, substitute:

             (1)  For the purpose of assessing a new industrial chemical under section 68, or an existing chemical under section 68A, the Director may, by notice in the Chemical Gazette , require:

                     (a)  all persons who introduced the chemical; or

                     (b)  specified persons who introduced the chemical; or

                     (c)  specified persons who the Director considers have relevant information;

but who are not required to give secondary notification of the chemical, to provide the Director in writing the information about the chemical that is specified in the notice, being particulars about a matter relating to the circumstances because of which the notification is required.

43  Transitional provision

If the Director has given a notice under subsection 69(1) of the Industrial Chemicals (Notification and Assessment) Act 1989 and that notice is in force immediately before the commencement of item 42 of this Schedule, that notice has effect, on and after the commencement of that item, as if it had been given by the Director under subsection 69(1) of that Act as amended by that item.

44  Subsection 69(4) (penalty)

Repeal the penalty, substitute:

Penalty:  60 penalty units.

45  Paragraph 70(1)(a)

After “certificate for a”, insert “new industrial”.

46  Section 81 (penalty)

Repeal the penalty, substitute:

Penalty:  30 penalty units.

47  Section 85 (penalty)

Repeal the penalty, substitute:

Penalty:  1 penalty unit.

48  Subsection 88(3) (penalty)

Repeal the penalty, substitute:

Penalty:  30 penalty units.

49  Subsection 90(1)

Repeal the subsection, substitute:

             (1)  There is to be a Director, National Industrial Chemicals Notification and Assessment Scheme, who is to be appointed by the Governor-General.

50  Transitional provision

Despite the repeal and substitution of subsection 90(1) of the Industrial Chemicals (Notification and Assessment) Act 1989 by item 49 of this Schedule:

                     (a)  the person holding office as the Director of Chemicals Notification and Assessment immediately before the commencement of that item continues to hold office, on and after the commencement of that item, as if the person had been appointed under section 90 of that Act as amended by that item, for the remainder of the term of the person’s appointment, as Director, National Industrial Chemicals Notification and Assessment Scheme; and

                     (b)  any act or thing done, any decision made, or any document executed by, or relating to, the Director of Chemicals Notification and Assessment is to be treated, on and after the commencement of that item, as if it were an act or thing done, a decision made, or a document that had been executed by, or relating to, the Director, National Industrial Chemicals Notification and Assessment Scheme.

51  Paragraph 102(1)(a)

Omit “or 68(6)”, substitute “, 68(6) or 68A(5)”.

52  Paragraph 102(1)(b)

Omit “19(9)”, substitute “19(7)”.

53  Paragraph 102(1)(b)

Omit “65(2)”, substitute “65(1) or (2)”.

54  Section 104A

Omit “19(8) or (9)”, substitute “19(6) or (7)”.

55  Subsection 106(5) (penalty)

Omit “$3 0,0 00”, substitute “300 penalty units”

56  Paragraph 110(1)(caaa)

Omit “19(6)”, substitute “19(4)”.

57  Paragraph 111(e)

Repeal the paragraph, substitute:

                     (e)  prescribing penalties not exceeding, in the case of a natural person, a fine of 10 penalty units and, in the case of a body corporate, a fine of 50 penalty units for offences under the regulations.