Industrial Chemicals (Notification and Assessment) Amendment (Cosmetics) Act 2007

No. 134, 2007

An Act to amend the law relating to cosmetics and industrial chemicals, and for related purposes

[Assented to 20 August 2007]

The Parliament of Australia enacts:

This Act may be cited as the Industrial Chemicals (Notification and Assessment) Amendment (Cosmetics) Act 2007.

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table	The day on which this Act receives the Royal Assent.	20 August 2007
2. Schedules 1 and 2	The 28th day after the day on which this Act receives the Royal Assent.	17 September 2007

Note: This table relates only to the provisions of this Act as originally passed by both Houses of the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.

(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.

3 Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Cosmetics

Industrial Chemicals (Notification and Assessment) Act 1989

1 Title

After “introduce industrial chemicals”, insert “, to provide for national standards for cosmetics imported into, or manufactured in, Australia”.

2 Section 3

Repeal the section, substitute:

3 Objects of Act

The objects of this Act are to provide for:

(a) a national system of notification and assessment of industrial chemicals for the purposes of:

(i) aiding in the protection of the Australian people and the environment by finding out the risks to occupational health and safety, to public health and to the environment that could be associated with the importation, manufacture or use of the chemicals; and

(ii) providing information, and making recommendations, about the chemicals to Commonwealth, State and Territory bodies with responsibilities for the regulation of industrial chemicals; and

(iii) giving effect to Australia’s obligations under international agreements relating to the regulation of chemicals; and

(iv) collecting statistics in relation to the chemicals;

being a system under which information about the properties and effects of the chemicals is obtained from importers and manufacturers of the chemicals; and

(b) national standards for cosmetics imported into, or manufactured in, Australia and the enforcement of those standards.

3 Section 4

After “chemicals” (wherever occurring), insert “or cosmetics”.

4 Subsection 5(1) (definition of cosmetic)

Repeal the definition, substitute:

cosmetic means:

(a) a substance or preparation intended for placement in contact with any external part of the human body, including:

(i) the mucous membranes of the oral cavity; and

(ii) the teeth;

with a view to:

(iii) altering the odours of the body; or

(iv) changing its appearance; or

(v) cleansing it; or

(vi) maintaining it in good condition; or

(vii) perfuming it; or

(viii) protecting it; or

(b) a substance or preparation prescribed by regulations made for the purposes of this paragraph;

but does not include:

(d) a substance or preparation prescribed by regulations made for the purposes of this paragraph.

Note: An ingredient or component of a cosmetic could be an industrial chemical.

5 Subsection 5(1) (definition of disposal)

After “a chemical”, insert “or cosmetic”.

6 Subsection 5(1) (at the end of the definition of disposal)

Add “or cosmetic”.

7 Subsection 5(1) (definition of handling)

After “a chemical”, insert “or cosmetic”.

8 Subsection 5(1) (at the end of the definition of handling)

Add “or cosmetic”.

9 Subsection 5(1) (definition of import)

After “industrial chemical”, insert “or a cosmetic”.

10 Subsection 5(1) (definition of import)

After “the chemical”, insert “or cosmetic”.

11 After Part 3A

Insert:

Part 3B—Standards for cosmetics imported into, or manufactured in, Australia

81 Setting standards

(1) The Minister may, by legislative instrument, determine standards for cosmetics imported into, or manufactured in, Australia, having regard to Australia’s international obligations.

(2) In addition to the requirement under the Legislative Instruments Act 2003 for the instrument to be registered, a copy of the instrument must be published in the Chemical Gazette. However, failure to publish a copy does not affect the validity or enforceability of the instrument.

81A Complying with standards

A person commits an offence if, at a particular time:

(a) the person imports into, or manufactures in, Australia a cosmetic; and

(b) the cosmetic is subject to a standard set under section 81; and

Penalty: 120 penalty units.

12 Paragraph 86(5)(a)

After “an industrial chemical”, insert “or a cosmetic”.

13 Paragraph 86(5)(b)

After “an industrial chemical”, insert “or a cosmetic”.

14 Paragraph 86(5)(b)

After “whether”, insert “the chemical or cosmetic is”.

15 Paragraph 86(5)(c)

After “an industrial chemical”, insert “or a cosmetic”.

Schedule 2—Other measures

Part 1—Periods relevant to certain permit systems

Industrial Chemicals (Notification and Assessment) Act 1989

1 Paragraph 21Q(a)

Omit “calendar year”, substitute “12 month period”.

2 Sub‑subparagraph 21S(2)(a)(iv)(A)

Repeal the sub‑subparagraph, substitute:

(A) the 12 month period beginning on the date on which the application is made; and

3 Sub‑subparagraph 21S(2)(a)(iv)(B)

Omit “3 calendar years”, substitute “two 12 month periods”.

4 Paragraph 21U(2)(c)

Omit “calendar year”, substitute “12 month period”.

5 Paragraph 21W(1)(b)

Omit “the period”, substitute “the 12 month period”.

6 Paragraph 21W(1)(b)

Omit “calendar year”, substitute “12 month period”.

7 Paragraph 22C(2)(c)

Repeal the paragraph, substitute:

(c) states the quantity of the chemical proposed to be introduced by the applicant in the 12 month period beginning on the date on which the application is made; and

8 Paragraph 22C(2)(d)

Omit “3 calendar years”, substitute “two 12 month periods”.

9 Application of items

(1) The amendments made by items 2 to 4 of this Schedule apply to an application for:

(a) a low volume permit; or

(b) a renewal of a low volume permit;

made on or after the commencement of those items.

(2) The amendments made by items 5 and 6 of this Schedule apply to a low volume permit granted as a result of the determination of an application made on or after the commencement of those items.

(3) The amendments made by items 7 and 8 of this Schedule apply to an application for:

(a) a controlled use permit; or

(b) a renewal of a controlled use permit;

made on or after the commencement of those items.

Part 2—Exempt information

Industrial Chemicals (Notification and Assessment) Act 1989

10 Subsection 21ZB(2)

Omit “a chemical”, substitute “a matter under section 21SA, or”.

11 Subsection 21ZB(2)

After “subsection 21W(1)”, insert “,”.

12 Subsection 22O(2)

Omit “a chemical”, substitute “a matter under section 22D, or”.

13 Subsection 22O(2)

After “subsection 22H(2)”, insert “,”.

Part 3—Commercial evaluation permit system

Industrial Chemicals (Notification and Assessment) Act 1989

14 Section 21F

Repeal the section, substitute:

21F Director may request further information about application

(1) The Director may give an applicant, or another person who agrees (jointly or otherwise) to be bound by the conditions of the permit, a written notice requiring the person given the notice to give the Director further information about a matter referred to in subsection 21D(2), or a matter referred to in the application for the renewal of the commercial evaluation permit, within the period specified in the notice.

(2) The notice must specify a period of at least 14 days.

15 After subsection 21H(3)

Insert:

Failure to provide further information

(3AA) The Director may refuse an application if further information required by the Director under section 21F is not given to the Director within the period specified in the notice requiring that further information.

16 Application

The amendments made by items 14 and 15 of this Schedule apply in relation to an application for:

(a) a commercial evaluation permit; or

(b) a renewal of a commercial evaluation permit;

made on or after the commencement of those items.

Part 4—Notification statements

Industrial Chemicals (Notification and Assessment) Act 1989

17 Paragraphs 23(8)(a) and (b)

Omit “biopolymer”, substitute “polymer”.

Part 5—Application for early introduction of non‑hazardous chemicals

Industrial Chemicals (Notification and Assessment) Act 1989

18 Subsection 30A(3)

Repeal the subsection, substitute:

Grant of permit

(3) The Director may grant the permit if he or she is satisfied that:

(a) the chemical is a chemical of a kind mentioned in subsection (1A); and

(b) in respect of a polymer of low concern:

(i) carbon or silicon is the polymer’s largest component; and

(ii) the introduction of the polymer is consistent with the reasonable protection of occupational health and safety, public health and the environment; and

(iii) any other conditions prescribed by the regulations have been met.

(4) The Director must take account of the following matters in deciding whether he or she is satisfied that the introduction of a polymer of low concern is consistent with the reasonable protection of occupational health and safety, public health and the environment:

(a) the proposed nature of the use of the polymer;

(b) the extent of the proposed use of the polymer;

(d) the effect of the polymer on occupational health and safety and public health;

(e) the structure and activity of the polymer;

(f) whether, in Australia or overseas, the polymer is the subject of:

(i) investigations initiated by a person because of concerns about a possible adverse effect on occupational health and safety, public health or the environment; or

(ii) action taken by a person to control the use of, or access to, the polymer;

(g) any other matter prescribed by the regulations.

Note 1: The following heading to subsection 30A(1) is inserted “Application”.

Note 2: The following heading to subsection 30A(5) is inserted “Period for determining application”.

Note 3: The following heading to subsection 30A(6) is inserted “Request for further information”.

Note 4: The following heading to subsection 30A(9) is inserted “Joint application”.

Note 5: The following heading to subsection 30A(10) is inserted “Conditions”.

19 Application of item 18

The amendment made by item 18 of this Schedule applies in relation to an application for a permit made on or after the commencement of that item.

Part 6—Notice of introduction of chemical under assessment certificate

Industrial Chemicals (Notification and Assessment) Act 1989

20 Section 77

Repeal the section.

Part 7—Publication of notices

Industrial Chemicals (Notification and Assessment) Act 1989

21 Subsection 5(1)

Insert:

chemical name, in relation to a chemical, means:

(a) in the case of a pure chemical—the Chemical Abstracts preferred Index Name, or, if such a name is not available, the name used, or to be used, by the International Union for Pure and Applied Chemistry; or

(b) in any other case—a complete description of the chemical;

including, in the case of a biopolymer, a description of the biological source of the biopolymer.

22 Section 21J

Repeal the section, substitute:

21J Notice of permit to be published in Chemical Gazette

As soon as practicable after a commercial evaluation permit is issued, the Director must cause to be published in the Chemical Gazette a notice stating that the permit has been issued and setting out:

(a) the name of the holder, or holders, of the permit; and

(b) either:

(i) a trade name of the chemical; or

(ii) the chemical name of the chemical; and

23 Paragraphs 21Y(a) and (b)

Repeal the paragraphs, substitute:

(a) the name of the holder, or holders, of the permit; and

(b) either:

(i) a trade name of the chemical; or

(ii) the chemical name of the chemical; and

24 Paragraphs 22L(a) and (b)

Repeal the paragraphs, substitute:

(a) the name of the holder, or holders, of the permit; and

(b) either:

(i) a trade name of the chemical; or

(ii) the chemical name of the chemical; and

25 Subsection 30A(11)

Repeal the subsection, substitute:

Notice

(11) As soon as practicable after a permit is issued, the Director must cause to be published in the Chemical Gazette a notice stating that the permit has been issued and setting out:

(a) the name of the holder, or holders, of the permit; and

(b) either:

(i) a trade name of the chemical; or

(ii) the chemical name of the chemical.

26 Application of amendments made by items 22 to 25

The amendments made by items 22 to 25 of this Schedule apply in relation to permits issued on or after the commencement of those items.

Part 8—Annual reporting obligations and list of chemicals

Industrial Chemicals (Notification and Assessment) Act 1989

27 Paragraph 21AA(1)(a)

Repeal the paragraph, substitute:

(a) the chemical name of the chemical that was introduced in the year; and

28 After section 21AA

Insert:

21AAA Exempt information supplied under section 21AA

(1) A report under section 21AA may be accompanied by an application in the approved form that some or all of the information stated in the report be treated as exempt information under section 75.

(2) If a person applies under subsection (1) for the chemical name of a chemical introduced during a registration year to be exempt information, the application must include a trade name of the chemical.

29 Subsection 21AB(2)

Repeal the subsection, substitute:

(2) At least once during the next registration year, the Director must prepare a summary of the information given to the Director under subsection 21AA(1).

(3) The summary must:

(a) include any information of a kind that is prescribed by the regulations; and

(b) not contain any exempt information.

(4) If:

(a) the Director has refused an application made under section 21AAA for information given as a result of the notice under section 21AA to be treated as exempt information; and

(b) the applicant applies to the Tribunal under section 102 for review of the decision;

the Director must, in spite of subsection (2), delay the preparation of the summary until the application for review has been finalised.

(5) When the Director has prepared the summary, he or she must publish the summary in the Chemical Gazette.

Note: The heading to section 21AB is replaced by the heading “List of chemicals and summary of information”.

30 Subsection 75(1)

Omit “Where”, substitute “Subject to this section, if”.

31 Subsection 75(1)

Before “21P”, insert “21AAA,”.

32 After subsection 75(2)

Insert:

(2A) The Director must not grant under subsection (1) an application under section 21AAA in relation to information about the chemical name of a chemical unless the application includes a trade name of the chemical.

33 After paragraph 110(1)(f)

Insert:

(fa) an application under section 21AAA that information be treated as exempt information;

34 Application of items 27 to 29

The amendments made by items 27 to 29 of this Schedule apply in relation to registration years beginning on or after the commencement of those items.