Industrial Chemicals (Notification and Assessment) Act 1989 (Cth)

Industrial Chemicals (Notification and Assessment) Act 1989

No. 8, 1990

Compilation No. 40

Compilation date: 3 April 2019

Includes amendments up to: Act No. 14, 2019

Registered: 17 April 2019

About this compilation

This compilation

This is a compilation of the Industrial Chemicals (Notification and Assessment) Act 1989 that shows the text of the law as amended and in force on 3 April 2019 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

An Act to establish a national system of notification and assessment of industrial chemicals, to provide for registration of certain persons proposing to introduce industrial chemicals, to provide for national standards for cosmetics imported into, or manufactured in, Australia, and for related purposes

Part 1Preliminary 1Short title

This Act may be cited as the Industrial Chemicals (Notification and Assessment) Act 1989.

2Commencement

(1)
Sections 1 and 2 commence on the day on which this Act receives the Royal Assent.
(2)
Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.
(3)
If a provision referred to in subsection (2) does not commence under that subsection within the period of 6 months beginning on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

3Objects 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.

4Additional operation of Act

Without prejudice to its effect apart from this section, this Act also has, because of this section, the effect it would have if the references to the manufacture of industrial chemicals or cosmetics in Australia were, by express provision, confined to:
(a)
the manufacture of those chemicals or cosmetics in Australia:
(i)
by foreign corporations, within the meaning of paragraph 51(xx) of the Constitution; or
(ii)
by trading corporations formed within the limits of the Commonwealth, within the meaning of that paragraph; or
(iii)
for supply in the course of trade and commerce with other countries, among the States, within a Territory, between a State and Territory or between 2 Territories; or
(iv)
for supply to, or to an authority or instrumentality of, the Commonwealth or a Territory; and
(b)
the manufacture of those chemicals or cosmetics in a Territory.

5Interpretation

(1)
In this Act, unless the contrary intention appears:
ADG Code means the Australian Code for the Transport of Dangerous Goods by Road and Rail published by the Federal Office of Road Safety of the Transport Department as in force from time to time.
approved means approved by the Director.
approved foreign scheme means a notification and assessment scheme approved by the Minister under section 43.
assessment certificate means a certificate given under section 39.
assessment information, in relation to an industrial chemical, means information about a matter of which account would be taken in the assessment of the chemical, being a matter specified in paragraph 32(2)(a), (b), (c), (d), (e) or (f).
assessment report means a report under section 31, 57, 68 or 68A.
Australia, when used in a geographical sense, includes the external Territories.
basic information, in relation to a chemical, means all the following information:
1. (a)
  the name or names by which the chemical is known to the public or is intended by its importer or manufacturer to be so known;
2. (b)
  the chemical’s general uses;
3. (c)
  the precautions and restrictions to be observed in the manufacture, handling, storage, use and disposal of the chemical;
4. (d)
  recommendations arising from the assessment of the chemical under this Act that relate to disposing of the chemical and rendering it harmless;
5. (e)
  the procedures to be followed in the event of an emergency involving the chemical;
6. (f)
  prescribed physical and chemical data about the chemical, not being data that would reveal the chemical’s composition;
7. (g)
  prescribed data relating to the health effects or the environmental effects of the chemical.
biopolymer means:
1. (a)
  a polymer directly produced by living or once‑living cells or cellular components; or
2. (b)
  a synthetic equivalent of a polymer referred to in paragraph (a); or
3. (c)
  a derivative or modification of a polymer referred to in paragraph (a) in which the original polymer remains substantially intact.
chargeable person, in relation to a registration year, means:
1. (a)
  a person who proposes to introduce relevant industrial chemicals in that registration year of a value that equals or exceeds the threshold value if that person:
  1. (i)
    did not introduce relevant industrial chemicals in the previous financial year; or
  2. (ii)
    introduced relevant industrial chemicals in the previous financial year of a value less than the threshold value; or
2. (b)
  a person who proposes to introduce relevant industrial chemicals in that registration year of any value if that person introduced relevant industrial chemicals in the previous financial year of a value that equalled or exceeded the threshold value.
chemical has the meaning given in section 6.
Chemical Gazette means an issue of the Gazette published:
1. (a)
  unless the regulations prescribe days for the purposes of this definition—on the first Tuesday in any month; or
2. (b)
  where the regulations prescribe days for those purposes—on any of the prescribed days.
chemical name, in relation to a chemical, means:
1. (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
2. (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.
commercial includes financial.
commercial evaluation, in relation to an industrial chemical, means testing the chemical with a view to ascertaining its potential for commercial application.
commercial evaluation permit means a permit under section 21G.
confidential section means the section of the Inventory referred to in subsections 12(4) and (4A).
controlled use permit means a permit under section 22F.
cosmetic means:
1. (a)
  a substance or preparation intended for placement in contact with any external part of the human body, including:
  1. (i)
    the mucous membranes of the oral cavity; and
  2. (ii)
    the teeth;
with a view to:
1. (iii)
  altering the odours of the body; or
2. (iv)
  changing its appearance; or
3. (v)
  cleansing it; or
4. (vi)
  maintaining it in good condition; or
5. (vii)
  perfuming it; or
6. (viii)
  protecting it; or
1. (b)
  a substance or preparation prescribed by regulations made for the purposes of this paragraph;
but does not include:
1. (c)
  a therapeutic good within the meaning of the Therapeutic Goods Act 1989; or
2. (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.
dangerous good has the meaning given by the ADG Code.
Department means an Agency within the meaning of the Public Service Act 1999.
development does not include tests that relate solely to the commercial evaluation of a product or process.
Director means the Director, National Industrial Chemicals Notification and Assessment Scheme, appointed under section 90.
disposal, in relation to a chemical or cosmetic, includes disposal of waste resulting from the manufacture or use of the chemical or cosmetic.
environment includes all aspects of the surroundings of humans, whether affecting them as individuals or in social groupings.
environmental effect, in relation to an industrial chemical, means the effect on the environment of the importation, manufacture, handling, storage, use or disposal of the chemical.
excluded use has the meaning given by subsection 7(2).
exempt information means information about which the Director has given a notification under section 75, and includes information for which an application for treatment as exempt information has been made under this Act but not finalised.
Note: See also subsection 89(3).
existing chemical means an industrial chemical other than a new industrial chemical.
export, in relation to an industrial chemical, means do an act that constitutes exportation of the chemical for the purposes of the Customs Act 1901, or would constitute such exportation if that Act extended to the external Territories.
factory cost, in relation to the industrial chemicals manufactured by a person, means the total of:
1. (a)
  the cost of labour involved in the manufacture; and
2. (b)
  the cost of materials involved in the manufacture other than the cost of any relevant industrial chemical:
  1. (i)
    that is used as an ingredient in the manufacturing; and
  2. (ii)
    in respect of which an amount of registration charge has been paid; and
3. (c)
  the factory overhead expenses;
incurred by the person in respect of the manufacture of the first‑mentioned chemicals.
Gene Technology Regulator has the same meaning as in the Gene Technology Act 2000.
GM product has the same meaning as in the Gene Technology Act 2000.
handling, in relation to a chemical or cosmetic, includes transporting the chemical or cosmetic.
hazardous chemical has the meaning prescribed by the regulations.
health effect, in relation to an industrial chemical, means the effect on occupational health and safety or on public health of the importation, manufacture, handling, storage, use or disposal, of the chemical.
holder, in relation to a permit or an assessment certificate, means a person in respect of whom the permit or certificate is issued.
holder of a confidence, in relation to an industrial chemical, means a person who under section 17 is to be treated as the holder of a confidence about the chemical.
import, in relation to an industrial chemical or a cosmetic, means do an act which constitutes importation of the chemical or cosmetic for the purposes of the Customs Act 1901, or would constitute such importation if that Act extended to the external Territories.
importer, in relation to an industrial chemical, means a person who imports or proposes to import the chemical.
incidentally‑produced chemical means a chemical that is produced as a result of:
1. (a)
  the exposure of another chemical to light, heat or other environmental conditions in the course of handling or storage; or
2. (b)
  the occurrence of a chemical reaction during the manufacture or use of another chemical;
but does not include a chemical whose production has commercial value for a person manufacturing, handling, storing or using that other chemical.
industrial chemical has the meaning given in section 7.
information, in relation to an industrial chemical, includes:
1. (a)
  information about the result of a test relating to the chemical; and
2. (b)
  other information about such a test.
inspector means:
1. (a)
  a person appointed as an inspector under subsection 84(1); or
2. (b)
  an officer of the Public Service of a State or Territory to whom an arrangement referred to in subsection 84(2) applies.
introduction, in relation to an industrial chemical, means the importation, or manufacture in Australia, of the chemical.
introduction permit means a permit under section 30 or 30A.
Inventory means the Australian Inventory of Chemical Substances referred to in section 11.
listed industrial chemical means an industrial chemical whose particulars are included in the Inventory.
low volume chemical means an industrial chemical in respect of which a low volume permit is in force.
low volume permit means a permit under subsection 21U(2) or (2A).
manufacturer, in relation to an industrial chemical, means a person who manufactures or proposes to manufacture the chemical in Australia.
modifications includes additions, substitutions and omissions.
monomer means a chemical the molecules of which are capable of forming covalent bonds with 2 or more like or unlike molecules under the conditions of the relevant polymer‑forming reactions used for a particular process of polymer formation.
naturally‑occurring chemical means:
1. (a)
  an unprocessed chemical occurring in a natural environment; or
2. (b)
  a chemical occurring in a natural environment, being a substance that is extracted by:
  1. (i)
    manual, mechanical or gravitational means; or
  2. (ii)
    dissolution in water; or
  3. (iii)
    flotation; or
  4. (iv)
    a process of heating for the sole purpose of removing uncombined water;
without chemical change in the substance.
new industrial chemical means:
1. (a)
  either:
  1. (i)
    if the chemical is a listed industrial chemical whose introduction is subject to a condition of use included in the Inventory under section 13 or subsection 15AB(1)—the chemical but only to the extent that the manufacturer or importer of the chemical introduces, or proposes to introduce, the chemical for any other use; or
  2. (ii)
    otherwise—an industrial chemical that is not a listed industrial chemical; and
2. (b)
  in the case of a synthetic polymer—a chemical that is a new synthetic polymer;
but does not include the following:
1. (c)
  a reaction intermediate;
2. (d)
  an incidentally‑produced chemical.
new synthetic polymer means:
1. (a)
  a synthetic polymer that includes a combination of monomers and other reactive components each representing greater than 2% by weight, being a combination not listed in the Inventory; or
2. (b)
  a synthetic polymer of whose weight greater than 2% is attributable to a monomer or other reactive component that is not listed in the Inventory as a component of a synthetic polymer.
non‑confidential section means the section of the Inventory referred to in subsection 12(3).
non‑hazardous chemical has the meaning given by subsection (2).
notification law, in relation to a State or Territory, means a law of the State or Territory under which a statement of matters about new industrial chemicals manufactured there are given to an authority of the State or Territory.
notification statement means a statement referred to in subsection 23(3).
occupier, in relation to a vehicle, vessel or aeroplane, means the person in charge of it.
officer means a person who is, or has been:
1. (a)
  the Director; or
2. (b)
  assisting the Director; or
3. (c)
  an inspector.
permit means:
1. (a)
  a commercial evaluation permit; or
2. (b)
  a low volume permit; or
3. (c)
  a controlled use permit; or
4. (d)
  an introduction permit.
polymer means a chemical:
1. (a)
  consisting of molecules that are:
  1. (i)
    characterised by the sequence of one or more types of monomer units; and
  2. (ii)
    distributed over a range of molecular weights whose differences in the molecular weight are primarily attributable to differences in the number of monomer units; and
2. (b)
  comprising a simple weight majority of molecules containing at least 3 monomer units which are covalently bound to at least one other monomer unit or other reactant; and
3. (c)
  comprising less than a simple weight majority of molecules of the same molecular weight.
polymer of low concern means a polymer that:
1. (a)
  either:
  1. (i)
    has a number average molecular weight that is greater than or equal to 1,000 and has such other characteristics relating to weight as are prescribed by the regulations; or
  2. (ii)
    is made from a prescribed reactant and has molecules that contain 2 or more carboxylic acid ester linkages, one or more of which links internal monomer units together; and
2. (b)
  has a low charge density, within the meaning prescribed by the regulations; and
3. (c)
  is not a hazardous chemical; and
4. (d)
  does not dissociate readily, within the meaning prescribed by the regulations; and
5. (e)
  under the conditions in which it is used is stable, within the meaning prescribed by the regulations; and
6. (f)
  has such other characteristics as are prescribed by the regulations.
premises includes:
1. (a)
  a structure, building, aircraft, vehicle or vessel; and
2. (b)
  a place (whether enclosed or built upon or not); and
3. (c)
  a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
prescribed reactant, in relation to a polyester, means a substance listed in the regulations as a prescribed reactant.
previous financial year, in relation to a particular registration year, means the financial year ending on the last 30 June before the start of that registration year.
priority existing chemical means an industrial chemical in respect of which a declaration under section 51 is in force.
public report means a report prepared under section 34 as varied or modified in accordance with this Act.
reaction intermediate means a substance that:
1. (a)
  is produced in the course of a chemical reaction; and
2. (b)
  has a transient existence; and
3. (c)
  does not become a major component of the reaction mixture; and
4. (d)
  is not removed from the reaction system.
Register means the Register established under section 80C.
registration charge means a charge imposed on the registration of a chargeable person:
1. (a)
  so far as it is a duty of customs—by the Industrial Chemicals (Registration Charge—Customs) Act 1997; and
2. (b)
  so far as it is a duty of excise—by the Industrial Chemicals (Registration Charge—Excise) Act 1997; and
3. (c)
  so far as it is neither a duty of customs nor a duty of excise—by the Industrial Chemicals (Registration Charge—General) Act 1997.
registration year means a period of 12 months beginning on 1 September 1997 or 1 September of any subsequent year.
Regulatory Powers Act means the Regulatory Powers (Standard Provisions) Act 2014.
relevant industrial chemical has the meaning given by section 7A.
research does not include research for the purpose of determining market acceptance or consumer preferences.
Safety Data Sheet, in relation to a chemical or to a product or substance containing a chemical, means a written statement that:
1. (a)
  identifies the chemical; and
2. (b)
  specifies the health hazards that could be caused by the chemical; and
3. (c)
  specifies the manner of handling the chemical, product or substance in a way that minimises hazards; and

1. (d)
  specifies the procedures to be adopted in the event of any emergency involving the chemical, product or substance; and
2. (e)
  contains information about the chemical and physical properties of the chemical, not being exempt matter or matter referred to in subsection 46(2); and
3. (f)
  contains prescribed information; and
4. (g)
  if there are in force guidelines approved by the Minister by notice in the Chemical Gazette for the purposes of this definition—is prepared in accordance with those guidelines.
secondary notification means notification required by section 65.
Secretary means an Agency Head within the meaning of the Public Service Act 1999.
self‑assessed assessment certificate means an assessment certificate given under subsection 39(1A).
sequence, in relation to a polymer molecule, means a continuous string of monomer units within the molecule that are covalently bound to one another and are uninterrupted by units other than monomer units.
supplementary information statement means the statement described in paragraph 40A(5)(a).
synthetic polymer means any polymer other than a biopolymer.
threshold value, in relation to relevant industrial chemicals introduced by a person, means $100,000.
trade name product means a chemical included in the section of the Inventory known as Section VIII—AICS Trade Names Annex.
Transport Department means the Department administered by the Minister administering the National Transport Commission Act 2003.
Tribunal means the Administrative Appeals Tribunal.
use includes proposed use.
value of relevant industrial chemicals imported, in relation to a particular person and a particular period (whether a financial year or a registration year), is the amount worked out in accordance with subsection 7A(2) in respect of that person and that period.
value of relevant industrial chemicals introduced, in relation to a particular person and a particular period (whether a financial year or a registration year), means the sum of:
1. (a)
  the value (if any) of the relevant industrial chemicals imported by that person during that period; and
2. (b)
  the value (if any) of the relevant industrial chemicals manufactured by that person during that period.
value of relevant industrial chemicals manufactured, in relation to a particular person and a particular period (whether a financial year or a registration year), is the factory cost of manufacturing the industrial chemicals by the person during that period.
(2)
In this Act:
non‑hazardous chemical means a chemical in respect of which the following conditions are met:
1. (a)
  the chemical is not a hazardous chemical;
2. (b)
  the chemical is not a dangerous good;
3. (c)
  the prescribed criteria relating to the environmental effect of the chemical have been met;
4. (d)
  any other prescribed conditions have been met;
5. (e)
  the introduction of the chemical is consistent with the reasonable protection of occupational health and safety, public health and the environment.
(3)
The Director must take account of the following matters in deciding whether he or she is satisfied that the condition referred to in paragraph (e) of the definition of non‑hazardous chemical is met:
1. (a)
  the proposed nature of the use of the chemical;
2. (b)
  the extent of the proposed use of the chemical;
3. (c)
  the effect of the chemical on the environment;
4. (d)
  the effect of the chemical on occupational health and safety and public health;
5. (e)
  the structure and activity of the chemical;
6. (f)
  whether, in Australia or overseas, the chemical is the subject of:
  1. (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
  2. (ii)
    action taken by a person to control the use of, or access to, the chemical;
7. (g)
  any other prescribed matter.

6Meaning of chemical

(1)
In this Act, unless the contrary intention appears:
chemical includes:
1. (a)
  a chemical element, including a chemical element contained in a mixture; or
2. (b)
  a compound or complex of a chemical element, including such a compound or complex contained in a mixture; or
3. (c)
  a UVCB substance; or
4. (d)
  a naturally‑occurring chemical;
but does not include:
1. (e)
  an article; or
2. (f)
  a radioactive chemical; or
3. (g)
  a mixture.
(2)
In this section:
article means an object that:
1. (a)
  is manufactured for use for a particular purpose, being a purpose that requires that the object have a particular shape, surface or design; and
2. (b)
  is formed to that shape, surface or design during manufacture; and
3. (c)
  undergoes no change of chemical composition when used for that purpose except as an intrinsic aspect of that use;
but does not include a particle or a fluid.
mixture means a physical combination of chemicals resulting from deliberate mixing of those chemicals or from a chemical reaction, but does not include a UVCB substance.
radioactive chemical means a chemical having a specific activity greater than 35 becquerels per gram.
UVCB substance means:
1. (a)
  a chemical of unknown or variable composition; or
2. (b)
  a complex product of a chemical reaction; or
3. (c)
  biological material, other than a whole animal or a whole plant.

7Meaning of industrial chemical

(1)
In this Act, unless the contrary intention appears:
industrial chemical means a chemical that has an industrial use, whether or not it also has an excluded use.
(2)
In this section:
agricultural chemical means a substance or mixture of substances that is a means of directly or indirectly:
1. (a)
  destroying, stupefying, inhibiting, attracting or repelling a pest in relation to a plant, a place or a thing; or
2. (b)
  destroying a plant; or
3. (c)
  modifying the physiology of a plant so as to alter its natural development, productivity or reproductive capacity; or
4. (d)
  modifying the effect of another agricultural chemical product;
but does not include:
1. (e)
  a veterinary chemical product; or
2. (f)
  a substance or mixture of substances of a kind that is declared by regulations made under the Agricultural and Veterinary Chemicals Code Act 1994 not to be an agricultural chemical product for the purposes of that Act.
excluded use, in relation to a chemical, means:
1. (a)
  use as an agricultural chemical or a constituent of an agricultural chemical; or
2. (b)
  use as a veterinary chemical or a constituent of a veterinary chemical; or
3. (c)
  therapeutic use or use as an ingredient or component in the preparation or manufacture of goods for therapeutic use; or
4. (d)
  use as food intended for consumption by humans or animals or a constituent of such food; or
5. (e)
  use as a food additive in food referred to in paragraph (d).
food additive means a chemical whose inclusion in food as a food additive is permitted under the Australia New Zealand Food Standards Code (as defined for the purposes of the Food Standards Australia New Zealand Act 1991).
industrial use, in relation to a chemical, means a use other than an excluded use.
therapeutic use means use in, or in connection with:
1. (a)
  preventing, diagnosing, curing or alleviating diseases, ailments, defects or injuries in humans; or
2. (b)
  influencing, inhibiting or modifying physiological processes in humans; or
3. (c)
  testing the susceptibility of humans to diseases or ailments;
and, without limiting this, includes use in, or in connection with, testing for pregnancy, contraception, prosthetics or orthotics.
veterinary chemical product means a substance or mixture of substances that is:
1. (a)
  a means of directly or indirectly:
  1. (i)
    preventing, diagnosing, curing or alleviating a disease or condition in an animal or an infestation of an animal by a pest in relation to that animal; or
  2. (ii)
    curing or alleviating an injury suffered by an animal; or
  3. (iii)
    modifying the physiology of an animal:
    1. (A)
      so as to alter its natural development, productivity or reproductive capacity; or
    2. (B)
      so as to make it more manageable; or
2. (b)
  prepared by a pharmacist or veterinary surgeon, in the course of the practice of his or her profession, to deal with a particular condition of a particular animal in a particular instance;
but does not include a substance or mixture of substances of a kind that is declared by regulations made under the Agricultural and Veterinary Chemicals Code Act 1994 not to be a veterinary chemical product for the purposes of that Act.

7AMeaning of value of relevant industrial chemicals etc.

(1)
In this Act:
biological material does not include a whole plant or a whole animal.
relevant industrial chemical means an industrial chemical:
1. (a)
  that is not intended for an excluded use; and
2. (b)
  that is not:
  1. (i)
    a naturally‑occurring chemical; or
  2. (ii)
    biological material; or
  3. (iii)
    an incidentally‑produced chemical; or
  4. (iv)
    a reaction intermediate.
(2)
The value of relevant industrial chemicals imported by a person during a particular period (whether a financial year or a registration year) is the amount, worked out to the nearest whole dollar, using the formula:

where:
V means the customs value (within the meaning of section 159 of the Customs Act 1901) of all of those relevant industrial chemicals.
CIF means the cost of the insurance and freight relating to those chemicals.
CD means the customs duty payable on those chemicals.

8Application of Act

This Act extends to every external Territory.

9Act to bind Crown

This Act binds the Crown in right of the Commonwealth, of each of the States, of the Australian Capital Territory and of the Northern Territory, but nothing in this Act renders the Crown liable to be prosecuted for an offence.

10Relationship to other Commonwealth laws etc.

The provisions of this Act are in addition to, and not in substitution for, the requirements of any other law of the Commonwealth (whether passed or made before or after the commencement of this Act).

10AAApplication of Criminal Code

Chapter 2 of the Criminal Code applies to all offences against this Act.
Note: Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

10AConsultation with Gene Technology Regulator

(1)
This section applies to the following:
1. (a)
  an assessment of an industrial chemical that is, or contains, a GM product;
2. (b)
  an application for a permit (however described) in relation to an industrial chemical that is, or contains, a GM product.
(2)
Subject to subsection (5), the Director must give written notice to the Gene Technology Regulator:
1. (a)
  stating that the assessment is to be undertaken, or that the application for the permit has been made, as the case requires; and
2. (b)
  requesting the Gene Technology Regulator to give advice about the assessment or the application for the permit.
(3)
If the Director gives the Gene Technology Regulator a notice under subsection (2), the Gene Technology Regulator may give written advice to the Director about the assessment or the application.
(4)
The advice is to be given within the period specified in the notice.
(5)
If an advice from the Gene Technology Regulator is in force under section 10B in relation to a class of GM products, the Director is not required to notify the Regulator under this section in relation to:
1. (a)
  an assessment of an industrial chemical that is or contains a GM product belonging to that class; or
2. (b)
  an application for a permit in respect of an industrial chemical that is or contains a GM product belonging to that class.

10BDirector may seek advice about classes of GM products

(1)
The Director may request advice from the Gene Technology Regulator in relation to industrial chemicals that consist of, or that contain, a GM product belonging to a class of GM products specified in the request.
(2)
A request for advice under subsection (1) must specify the matters to which the advice is to relate.
(3)
If the Director requests advice from the Gene Technology Regulator under subsection (1), the Gene Technology Regulator may provide written advice in relation to the matters specified in the request.
(4)
If the Gene Technology Regulator gives advice to the Director under subsection (3), the advice remains in force until it is withdrawn by the Gene Technology Regulator by written notice given to the Director.

10CDirector to take advice into account

If the Director receives advice from the Gene Technology Regulator:
(a)
in response to a notice under section 10A within the period specified in the notice; or
(b)
under section 10B;
the Director must:
(c)
ensure that the advice is taken into account in undertaking the assessment, or in making a decision on the application for the permit, as the case requires; and
(d)
inform the Gene Technology Regulator of the assessment, or the decision on the application, as the case requires.

Part 2Australian Inventory of Chemical SubstancesDivision 1Keeping of Inventory11Inventory

(1)
The Director must keep the inventory known as the Australian Inventory of Chemical Substances.
(2)
The Inventory must be kept in the prescribed form at such place as the Director directs, and may be kept by electronic means.
(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.
(4)
However, if the importation or manufacture of the chemical is subject to a condition included in the Inventory under section 13 or subsection 15AB(1), the chemical may only be imported or manufactured without obtaining an assessment certificate or permit if the importation or manufacture is in accordance with the condition.
Note: Subsections (3) and (4) are not intended to be an exhaustive description of the effects or consequences of including a chemical, or a condition on the importation or manufacture of a chemical, in the Inventory. There may be other consequences, express or implied, because of other provisions of the Act.

12Content of Inventory

(2)
The Inventory is to consist of a non‑confidential section and a confidential section.
(3)
The non‑confidential section is to contain approved particulars of:
1. (d)
  each chemical included under subsection 14(7); and
2. (da)
  each chemical included under subsection 15AB(1); and
3. (db)
  any particulars included in the Inventory under subsection 15AB(1) in respect of a chemical included in the Inventory under that subsection; and
4. (e)
  each chemical transferred under section 19; and
5. (f)
  any condition of use, or any other condition, to which the importation or manufacture of a chemical referred to in paragraph (d), (da) or (e) is subject under section 13; and
6. (g)
  any other matter included under section 13 in respect of a chemical referred to in paragraph (d), (da) or (e).
(4)
The confidential section is to contain approved particulars of:
1. (a)
  each chemical transferred under section 18A; and
2. (c)
  each chemical included under subsection 14(4);
other than chemicals transferred under section 19.
(4A)
The confidential section is also to contain approved particulars of:
1. (a)
  any condition of use, or any other condition, to which the importation or manufacture of a chemical referred to in paragraph (4)(a) or (c) is subject under section 13; and
2. (b)
  any other matter included under section 13 in respect of a chemical referred to in paragraph (4)(a) or (c).
(5)
The names of naturally occurring chemicals are to be regarded as included in the non‑confidential section.
(6)
The Inventory is not to contain particulars of a chemical removed from it under section 63 unless those particulars are subsequently required to be included under section 14.

13Conditions of use etc. of, and other information about, chemicals

(1)
The Director may include in the Inventory the following particulars in respect of a chemical included in the Inventory:
1. (a)
  particulars of any condition of use to which the importation or manufacture of the chemical is subject;
2. (b)
  particulars of any other condition to which the importation or manufacture of the chemical is subject;
3. (c)
  any particulars about the assessment of the chemical under Division 3 of Part 3;
4. (d)
  any other particulars in respect of the chemical that are prescribed by regulations for the purposes of this section.
Note 1: For example, the Director may include particulars recommending the secondary notification of a chemical in particular circumstances.
Note 2: The Director is required to give notice in the Chemical Gazette if the Director proposes to include particulars in the Inventory (see section 13A).
Note 3: A person who breaches a condition on the importation or manufacture of a chemical in the Inventory might commit an offence (see section 15A).
(2)
The Director may:
1. (a)
  include particulars at the time a chemical is included in the Inventory or at a later time; and
2. (b)
  vary particulars already included in the Inventory in respect of a chemical; and
3. (c)
  remove particulars already included in the Inventory in respect of a chemical.
Note: The Director is required to give notice in the Chemical Gazette if the Director proposes to include or vary particulars in the Inventory (see section 13A).

13ADirector to notify of inclusion or variation of particulars

(1)
If at any time the Director proposes, under section 13, to include or vary particulars in the Inventory in respect of a chemical, the Director must give notice in the Chemical Gazette that he or she proposes to include or vary the particulars in respect of the chemical.
(2)
The notice must state:
1. (a)
  the name under which the chemical has been or is to be included in the Inventory; and
2. (b)
  any name by which the chemical is commonly known; and
3. (c)
  that the Director proposes to include or vary the particulars in the Inventory in respect of the chemical; and
4. (d)
  that a person may give a statement to the Director, within 28 days of the date of publication of the notice, giving reasons why the particulars should not be included or varied.
(3)
If the Director knows the name and address of a person who is introducing or proposes to introduce the chemical, the Director must send a copy of the notice to the person.
(4)
If the Director receives a statement from a person giving reasons why the particulars should not be included or varied, the Director must reconsider the proposed inclusion or variation in the light of the statement.
(5)
If the Director accepts the reasons why the particulars should not be included or varied, the Director must:
1. (a)
  publish a notice in the Chemical Gazette that the particulars are not going to be included or varied in respect of the chemical; and
2. (b)
  give a copy of the notice to the person who gave the statement.
(6)
If the Director rejects the reasons why the particulars should not be included or varied, the Director must:
1. (a)
  give the person who made the statement notice of the decision to reject the reasons; but
2. (b)
  not include or vary the particulars until 28 days after the date of the giving of the notice or, if the person applies to the Tribunal for review of the decision, until the review has been finalised.
(7)
A notice under this section may be included with a notice under another section under this Act.

13BInclusion of new industrial chemical in non‑confidential section of Inventory before 5 years

(1)
This section applies if:
1. (a)
  an assessment certificate (other than an extension of an original certificate) for an industrial chemical is in force; and
2. (b)
  the period of 5 years from the giving of the certificate has not yet ended; and
3. (c)
  the holder or each holder of the certificate applies in the approved form to the Director for the inclusion of the chemical in the non‑confidential section of the Inventory; and
4. (d)
  if the application is made after 28 days of the giving of the certificate—the fee prescribed under section 110 is paid.
(2)
If there are any other assessment certificates in force in respect of the new industrial chemical, the Director must give each holder or holders of those assessment certificates (including each holder of an extension of such a certificate) written notice:
1. (a)
  informing them of the proposed inclusion; and
2. (b)
  setting out the terms of subsections (3) and (4).
(3)
The holder or each holder of any of those other assessment certificates may apply to the Director in the approved form, within 28 days of the giving of the notice, for the chemical not to be included in the non‑confidential section of the Inventory.
(4)
If an application is made under subsection (3) within the 28 days, the Director:
1. (a)
  must not include the chemical in the non‑confidential section of the Inventory; and

1. (b)
  must give a written notice to the applicant or applicants under subsection (1) stating that the chemical is not going to be included in that section of the Inventory; and
2. (c)
  must repay any fee paid in respect of the application made under subsection (1).
(5)
If an application is not made under subsection (3) within the 28 days, the Director:
1. (a)
  must include the chemical in the non‑confidential section of the Inventory; and
2. (b)
  must give notice in the Chemical Gazette that he or she has included the chemical in the non‑confidential section of the Inventory.
Note: Under section 13, the Director can include conditions and other particulars in respect of a chemical that is included in the Inventory under this section.

14Inclusion of new industrial chemical in Inventory after 5 years

(1)
Where:
1. (a)
  an assessment certificate (other than an extension of an original certificate) for an industrial chemical is in force; and
2. (b)
  the period of 5 years from the giving of the certificate ends;
the Director must include the chemical in the Inventory, and must give notice in the Chemical Gazette that he or she has done so.
Note: The Director can include conditions and other particulars in respect of a chemical that is included in the Inventory under this section (see section 13).
(2)
Not less than 28 days before including the chemical in the Inventory, the Director must give each holder of an assessment certificate for the chemical (including each holder of an extension of such a certificate) written notice:
1. (a)
  informing them of the proposed inclusion; and
2. (b)
  setting out the terms of subsections (3) and (4).
(3)
A holder may apply in the approved form to the Director for the inclusion of the chemical in the confidential section.
(4)
If the Director is satisfied that:
1. (a)
  the publication of some or all of the chemical’s particulars could reasonably be expected to prejudice substantially the commercial interests of the applicant; and
2. (b)
  the prejudice outweighs the public interest in the publication of those particulars;
the Director must include the chemical in the confidential section.
(5)
The Director must give the applicant written notice of the decision about the application.
(6)
Where the Director decides not to include the chemical in the confidential section, he or she must delay including the chemical in the Inventory for 28 days after giving notice or, where the applicant applies during those days to the Tribunal under section 102 for the review of the decision, until the application to the Tribunal is finalised.
(7)
Where the chemical is not included in the confidential section, it is to be included in the non‑confidential section.

15Inventory to be publicly available

The Director must ensure that copies of the non‑confidential section are available for:
(a)
sale to the public; or
(b)
inspection by the public at the prescribed times, and on payment of the prescribed fee (if any).

15AOffence for failing to comply with conditions of use etc.

A person commits an offence if:
(a)
the person imports or manufactures an industrial chemical at a particular time; and
(b)
at that time, the importation or manufacture of the chemical is subject to a condition included in the Inventory under section 13 or subsection 15AB(1); and
(c) the importation or manufacture breaches the condition.
Penalty: 120 penalty units.

Division 1AInclusion of previously regulated chemicals in Inventory15AAProposal to include previously regulated chemical in Inventory

(1)
The Director may make a proposal to include or not to include a new industrial chemical in the Inventory if:
1. (a)
  the chemical was previously regulated; and
2. (b)
  there is no assessment certificate in force for the chemical; and
3. (c)
  the chemical is currently in use in Australia.
Note: See subsection (9) for the definition of previously regulated.
(2)
The Director may include in a proposal the following particulars in respect of a chemical proposed to be included in the Inventory:
1. (a)
  particulars of any condition of use to which the importation or manufacture of the chemical is subject;
2. (b)
  particulars of any other condition to which the importation or manufacture of the chemical is subject;
3. (c)
  any other particulars in respect of the chemical that are prescribed by regulations for the purposes of this paragraph.
(3)
In making a proposal, the Director must consider whether the use of the chemical poses an unreasonable risk to occupational health and safety, public health or the environment.
(4)
The Director must give notice of a proposal in the Chemical Gazette.
(5)
The notice must state the following:
1. (a)
  the chemical name for the chemical;
2. (b)
  the number assigned to the chemical by the service known as the Chemical Abstracts Service, or if that number is not available, the number that accords with an alternative numbering system;
3. (c)
  any name by which the chemical is commonly known;
4. (d)
  whether the Director proposes to include or not to include the chemical in the Inventory;
5. (e)
  the reasons why the Director proposes to include or not to include the chemical in the Inventory;
6. (f)
  if the Director proposes to include the chemical in the Inventory:
  1. (i)
    any particulars that the Director proposes to include in respect of the chemical; and
  2. (ii)
    the reasons why the Director proposes to include those particulars;
7. (g)
  that a person may give a statement to the Director, within 28 days after the date of publication of the notice, giving reasons why the person objects to the Director’s proposal.
(6)
If the Director knows the name and address of a person who is introducing or proposes to introduce the chemical, the Director must send a copy of the notice to the person.
(7)
Once the 28 days mentioned in paragraph (5)(g) have passed, the Director must, having regard to any statements received, make a final decision:
1. (a)
  to include or not to include the chemical in the Inventory; and
2. (b)
  if the Director decides to include the chemical in the Inventory—to include or not to include specified particulars in respect of the chemical.
(8)
The Director must:
1. (a)
  publish a notice in the Chemical Gazette of the Director’s final decision; and
2. (b)
  give a copy of the notice to any person who gave a statement.
(9) For the purposes of subsection (1), a chemical was previously regulated if:
1. (a)
  the chemical has been, but is no longer, within the scope of regulation of a Commonwealth law that relates to chemicals and that is prescribed by the regulations; or
2. (b)
  the chemical is contained in a product that has been, but is no longer, within the scope of regulation of any of the following:
  1. (i)
    the Agricultural and Veterinary Chemicals Code Act 1994;
  2. (ii)
    the Therapeutic Goods Act 1989;
  3. (iii)
    the Food Standards Australia New Zealand Act 1991;
  4. (iv)
    another Commonwealth law that relates to chemicals in products (whether consisting of a single chemical or not) and that is prescribed by the regulations.

15ABInclusion of previously regulated chemical in Inventory

(1)
If:
1. (a)
  the Director makes a final decision under subsection 15AA(7) to include a new industrial chemical in the Inventory; and
2. (b)
  either:
  1. (i)
    at least 28 days have passed since the Director published the notice mentioned in subsection 15AA(8) and an application to the Tribunal for review of the Director’s decision has not been made; or
  2. (ii)
    an application to the Tribunal for review of the Director’s decision has been made and review of the decision has been finalised;
then the Director must include the chemical in the Inventory, along with any particulars in respect of the chemical that the Director has made a final decision to include in the Inventory.
Note: Once the chemical has been included in the Inventory, the Director can include and vary conditions and other particulars in respect of the chemical under section 13.
(2)
If the Director includes a chemical in the Inventory under subsection (1):
1. (a)
  the chemical is to be included in the non‑confidential section of the Inventory; and
2. (b)
  the Director must give notice in the Chemical Gazette of:
  1. (i)
    the inclusion of the chemical in the Inventory; and
  2. (ii)
    any particulars included in the Inventory in respect of the chemical.

Division 2Confidential Section of Inventory16Confidential section

The confidential section is not to be publicly available.

17Holder of a confidence

(2)
A person who held an assessment certificate for a chemical included in the confidential section under section 14 is to be treated as the holder of a confidence about that chemical.
(2A)
If a chemical is transferred to the confidential section as a result of an application made by a person under section 18A, the person is to be treated as the holder of a confidence about the chemical.
(3)
A person may apply in the approved form to the Director to be treated as the holder of a confidence about an industrial chemical in the confidential section.
(4)
Where the Director is satisfied that the publication of some or all of the particulars of a chemical in relation to which an application under subsection (3) has been made could reasonably be expected to prejudice substantially the commercial interests of the applicant, the applicant is to be treated as the holder of a confidence about the chemical.
(5)
The Director must give the applicant written notice of the decision about the application.
(6)
Where the application is rejected, the applicant is to be treated as the holder of a confidence about the chemical for 28 days after the giving of the notice or, where the applicant applies during those days to the Tribunal under section 102 for the review of the decision, until the application to the Tribunal is finalised.

18Effect of inclusion in confidential section

(1)
Where an industrial chemical is included in the confidential section, an officer must not publish or disclose any of the particulars recorded in that section in relation to that chemical except:
1. (a)
  as permitted under this section; or
2. (b)
  in the course of carrying out duties and functions under this Act; or
3. (c)
  by order of a court; or
4. (d)
  with the consent of the holders of a confidence about the chemical.
(2)
Where:
1. (a)
  a person inquires of the Director in writing whether a particular industrial chemical that is not included in the non‑confidential section is included in the confidential section; and
2. (b)
  the Director is satisfied that the person intends to introduce the chemical;
the Director may answer the inquiry.
(3)
However, if the introduction of the chemical is subject to a condition of use included in the confidential section under section 13, then the Director may only disclose the condition if:
1. (a)
  the Director has asked the person the use for which the person intends to introduce the chemical; and
2. (b)
  the Director is satisfied that the person intends to introduce the chemical for that use.
(4)
If the Director discloses a condition under subsection (3) to a person, then the Director may also disclose to the person any other conditions in the confidential section to which the introduction of the chemical is subject.

18ATransfer of industrial chemical from non‑confidential section to confidential section

(1)
If an industrial chemical was transferred to the non‑confidential section under section 19 as in force before the commencement of this section, a person who was a holder of a confidence about the chemical may, within a prescribed period, apply in the approved form to the Director for the transfer of the chemical to the confidential section.
(2)
If the Director is satisfied that:
1. (a)
  the publication of some or all of the chemical’s particulars could reasonably be expected to prejudice substantially the commercial interests of the applicant; and
2. (b)
  the prejudice outweighs the public interest in the publication of those particulars;
the Director must transfer the chemical, and any particulars in respect of the chemical, to the confidential section.
(3)
The Director must give the applicant written notice of the decision about the application.

19Transfer 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, and any particulars in respect of the 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 transferring the chemical and any particulars in respect of the chemical:
(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.

Division 3Amendment of Inventory20Amendment of Inventory

The Director may amend the Inventory for the purpose of:
(a)
adding additional information concerning chemicals that were included:
(i)
before the commencement of Part 2; or
(ii)
after that commencement under section 13 of the Industrial Chemicals (Notification and Assessment) Act 1989 as in force at any time before the commencement of the Industrial Chemicals (Notification and Assessment) Amendment Act (No. 2) 1992; or
(aa)
adding extra information about industrial chemicals already in the Inventory that was obtained under section 20AB (details of trade name products); or
(b)
correcting an error (except the wrong inclusion of a chemical in the Inventory);
and must give notice in the Chemical Gazette of any such amendment.
Note: The Director can also add or vary information under section 13 about chemicals already in the Inventory.

20AAChemicals wrongly included in the Inventory

(1)
If the Director believes that a chemical has been wrongly included in the Inventory, the Director must give notice in the Chemical Gazette that he or she proposes to remove the chemical from the Inventory.
(2)
The notice must state:
1. (a)
  the name under which the chemical has been included in the Inventory; and
2. (b)
  any name by which the chemical is commonly known; and
3. (c)
  that the Director proposes to remove the chemical from the Inventory; and
4. (e)
  that a person may give a statement to the Director, within 3 months of the date of publication of the notice, giving reasons why the chemical should not be removed.
(3)
If the Director knows the name and address of a person who is introducing the chemical, the Director must send a copy of the notice to the person.
(4)
If the Director receives a statement from a person giving reasons why the chemical should not be removed, the Director must reconsider the proposed removal in the light of the statement.
(5)
If the Director accepts the reasons why the chemical should not be removed, the Director must:
1. (a)
  leave the chemical, and any particulars in respect of the chemical, in the Inventory; and
2. (b)
  publish a notice in the Chemical Gazette that the chemical is not going to be removed; and
3. (c)
  give a copy of the notice to the person who gave the statement.
(6)
If the Director rejects the reasons why the chemical should not be removed, the Director must:
1. (a)
  give the person who made the statement notice of the decision to reject the reasons; but
2. (b)
  not remove the chemical, or any particulars in respect of the chemical, until 28 days after the date of the giving of the notice or, if the person applies to the Tribunal for review of the decision, until the review has been finalised.

20ABDetails of trade name products

(1)
The Director may, by written notice, ask that he or she be given the identity of each industrial chemical making up a trade name product.
(2)
A notice must:
1. (a)
  set out the information required about each trade name product; and
2. (b)
  set out the form in which the information is required; and
3. (c)
  state the date (the due date), at least 12 months after the date of the notice, by which the information is to be given to the Director; and
4. (d)
  state that any industrial chemical making up the trade name product that is not already included in the Inventory may be so included; and
5. (e)
  state that any such chemical that is to be so included may, on application made to the Director, be included in the confidential section of the Inventory if the Director is satisfied that some or all of the particulars of the chemical meet the tests set out in paragraphs 14(4)(a) and (b); and
6. (f)
  be published in the Chemical Gazette.
(3)
The Director must send a copy of the notice to each person whom the Director is aware:
1. (a)
  nominated the trade name product for entry in the Inventory; or
2. (b)
  has manufactured the trade name product in Australia; or
3. (c)
  has imported the trade name product into Australia.
(4)
Subject to subsections (4A), (4B), (4C) and 12(6), if the Director receives the information about the trade name product by the due date, the Director must:
1. (a)
  if particulars of an industrial chemical making up the trade name product have not been included in the Inventory—include those particulars in the Inventory; and
2. (b)
  remove the trade name product from the Inventory.
(4A)
If an industrial chemical to which paragraph (4)(a) applies has been the subject of an application for inclusion in the confidential section of the Inventory and the Director is satisfied that:

1. (a)
  the publication of some or all of the chemical’s particulars could reasonably be expected to prejudice substantially the commercial interests of the person seeking that chemical’s inclusion in the confidential section of the Inventory; and
2. (b)
  the prejudice outweighs the public interest in the publication of those particulars;
the Director must include the chemical in the confidential section.
Note: The Director can include conditions and other particulars in respect of a chemical that is included in the Inventory under this subsection (see section 13).
(4B)
If the Director decides, in relation to a chemical to which paragraph (4)(a) applies that has been the subject of such an application for inclusion in the confidential section of the Inventory not to include the chemical in the confidential section, he or she must:
1. (a)
  give the applicant for inclusion of the chemical in that section written notice of the decision on the application; and
2. (b)
  delay including the chemical in the Inventory for 28 days after giving the notice, or, where the applicant applies during that period to the Tribunal under section 102 for review of the decision, until the application to the Tribunal is finalised.
Note: The Director can include conditions and other particulars in respect of a chemical that is included in the Inventory under this subsection (see section 13).
(4C)
If the Director delays the inclusion of an industrial chemical in the Inventory under subsection (4B), the Director must, during the period of that delay, defer removing the trade name product concerned from the Inventory.
(5)
If the Director does not receive the information about each industrial chemical making up the trade name product by the due date, the Director must remove the trade name product from the Inventory.

Part 3Notification and Assessment of Industrial ChemicalsDivision 1New Industrial Chemicals to be Assessed21Introduction of new industrial chemicals

(1)
A person must not introduce a new industrial chemical.
Penalty: 300 penalty units.
(1A)
Subsection (1) does not apply if the person holds an assessment certificate in force in relation to the chemical.
Note: A defendant bears an evidential burden in relation to the matter in subsection (1A) (see subsection 13.3(3) of the Criminal Code).
(2)
Subsection (1) does not prohibit the introduction of a new industrial chemical in accordance with:
1. (a)
  a commercial evaluation permit; or
2. (b)
  a low volume permit; or
3. (c)
  a controlled use permit; or
4. (d)
  an introduction permit.
Note: A defendant bears an evidential burden in relation to the matters in subsection (2) (see subsection 13.3(3) of the Criminal Code).
(3)
Subsection (1) does not prohibit the introduction of:
1. (a)
  a new industrial chemical imported solely for an excluded use within the meaning of section 7; or
2. (b)
  a new industrial chemical manufactured in Australia:
  1. (i)
    in an apparatus that is a fixture designed for producing one or more chemicals; and
  2. (ii)
    in the course of a program of research, development or analysis; and
  3. (iii)
    by a person who, before manufacturing the chemical, gave the Director information about the type and location of the apparatus, and a general description of the program and the type of chemical to be manufactured in the apparatus, and a description of all procedures for the safe disposal of the chemical and any hazardous degradation products derived from the chemical; or
3. (e)
  a new industrial chemical that may be introduced under regulations referred to in paragraph 111(c).
Note: A defendant bears an evidential burden in relation to the matters in subsection (3) (see subsection 13.3(3) of the Criminal Code).
(4)
Subsection (1) does not prohibit the introduction by a person of an amount of new industrial chemical not exceeding 100 kilograms in a period of 12 months (either by itself or in a mixture with one or more other chemicals):
1. (a)
  unless the person knows that the chemical poses an unreasonable risk to occupational health and safety, public health or the environment; and
2. (b)
  either:
  1. (i)
    if the chemical is introduced in a cosmetic—if requirements (if any), prescribed in regulations made for the purpose of this subparagraph, relating to its introduction are met (including requirements relating to its use, packaging or labelling); or
  2. (ii)
    otherwise—if requirements (if any), prescribed in regulations made for the purpose of this subparagraph, relating to its introduction are met (including requirements relating to its use, packaging or labelling).
Note: A defendant bears an evidential burden in relation to the matters in subsection (4) (see subsection 13.3(3) of the Criminal Code).
(5)
For the purposes of subparagraph (4)(b)(i) or (ii), different requirements may be prescribed in respect of different volumes of a particular chemical.
(6)
Subsection (1) does not prohibit the introduction of the following:
1. (a)
  a new industrial chemical introduced by a person:
  1. (i)
    solely for the purpose of research, development or analysis; and
  2. (ii)
    in a quantity of not more than 100 kilograms in any 12 month period;
2. (b)
  a new industrial chemical:
  1. (i)
    that is introduced by a person at a port or airport in Australia; and
  2. (ii)
    that remains subject to customs control under the Customs Act 1901 at all times before leaving Australia; and
  3. (iii)
    that leaves Australia less than 30 days after the day of introduction;
3. (c)
  a new industrial chemical:
  1. (i)
    that is a non‑hazardous chemical; and
  2. (ii)
    that is introduced in a cosmetic; and
  3. (iii)
    whose concentration in the cosmetic is 1% or less; and
  4. (iv)
    whose introduction meets any requirements, prescribed in regulations for the purposes of this subparagraph, relating to its introduction;
4. (d)
  a new industrial chemical:
  1. (i)
    that is a polymer of low concern; and
  2. (ii)
    whose introduction meets any requirements, prescribed in regulations for the purposes of this subparagraph, relating to its introduction.
Note 1: A defendant bears an evidential burden in relation to the matters in subsection (6) (see subsection 13.3(3) of the Criminal Code).
Note 2: A person who introduces a new industrial chemical under subsection (6) is required to provide an annual report (see section 21AA).

21AAAnnual reporting obligations for introductions under section 21

(1)
A person who introduces a new industrial chemical in a registration year under subsection 21(4) or (6) must provide a report to the Director stating:
1. (a)
  the chemical name of the chemical that was introduced in the year; and
2. (b)
  the volume of the chemical that was introduced in the year.
(2)
The report must be provided before or on 28 September of the following registration year.
(3)
The report must be provided in the approved form.
(4)
A person commits an offence if:
1. (a)
  the person is required to provide a report in accordance with subsections (1) and (2); and
2. (b)
  the person fails to do so.
Penalty: 10 penalty units.
Note 1: A person does not commit an offence if the person fails to provide the report in the approved form.
Note 2: If a person does not provide the report in accordance with subsection (1) before or on 28 September, the obligation to do so continues after that date, with daily offences being committed until the obligation is complied with (see section 4K of the Crimes Act 1914).
(5)
Subsection 4K(2) of the Crimes Act 1914 ceases to apply in relation to an offence against subsection (4) of this section at the end of the 12th day after 28 September (being 10 October).
Note: Because of this subsection, 120 penalty units is the maximum penalty that can be imposed for offences against subsection (4).

21AAAExempt 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.

21ABList of chemicals and summary of information

(1)
The Director must maintain a list of:
1. (a)
  the names of the chemicals provided in each report under section 21AA for a registration year; and
2. (b)
  the volume of such chemicals.
(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:
1. (a)
  include any information of a kind that is prescribed by the regulations; and
2. (b)
  not contain any exempt information.
(4)
If:
1. (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
2. (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.

Division 1ACommercial Evaluation Permit System21AObject of commercial evaluation permit system

The object of the commercial evaluation permit system is to:
(a)
provide a simple means of by‑passing the assessment certificate system in cases where the introduction of new industrial chemicals is required for the sole purpose of commercial evaluation; and
(b)
ensure that the means of by‑passing the assessment certificate system is subject to adequate safeguards.

21BApplication for commercial evaluation permit or renewal of permit

(1)
A manufacturer or importer of a new industrial chemical may apply for a commercial evaluation permit authorising the applicant to introduce not more than a specified quantity of the chemical in a specified period for the sole purpose of commercial evaluation by whichever of the following persons is specified:
1. (a)
  in any case—the applicant;
2. (b)
  in the case of the importation of the chemical—another person who agrees, or 2 or more other persons who jointly agree, to be bound by the conditions of the permit.
(2)
A manufacturer or importer whose commercial evaluation permit relating to a new industrial chemical is still in force may apply for the permit to be renewed if the following conditions are met:
1. (a)
  the function or use of the chemical has not changed, and is not likely to change, significantly;
2. (b)
  the amount of the chemical being introduced has not increased, and is not likely to increase, significantly;
3. (c)
  in the case of a chemical that was not manufactured, or proposed to be manufactured, in Australia at the time the permit was issued—it continues not to be manufactured in Australia;
4. (d)
  the method of manufacture of the chemical in Australia has not changed, and is not likely to change, in a way that may result in an increased risk of an adverse effect on occupational health and safety, public health or the environment;
5. (e)
  no additional information has become available to the manufacturer or importer as to any adverse effects of the chemical on occupational health and safety, public health or the environment;
6. (f)
  no event prescribed for the purposes of section 64 has happened;
7. (g)
  any conditions of the permit imposed by or under section 21L were complied with during the period of the current permit;
8. (h)
  no changes are required to any conditions of the permit.
(3)
A manufacturer or importer may only apply for a commercial evaluation permit to be renewed once.

21CJoint applications

(1)
2 or more persons, each of whom is a manufacturer or importer of a new industrial chemical, may make a joint application under section 21B.
(2)
If a joint application is made, then, unless the contrary intention appears, a reference in this Division to the applicant is a reference to the joint applicants.

21DForm of application etc.

Form of application
(1)
An application for a commercial evaluation permit, or a renewal of a commercial evaluation permit, must:
(a)
be in writing; and
(b)
be in an approved form; and
(c)
be given to the Director.
Material to accompany application for permit
(2)
An application for a commercial evaluation permit must be accompanied by:
(a)
in any case—a Safety Data Sheet in relation to the chemical; and
(aa)
in any case—a written explanation why the quantity of the chemical that the applicant seeks to introduce under the permit is reasonably needed for effective commercial evaluation of the chemical; and
(b)
in any case—such other information as is specified in the regulations; and
(c)
if a person agrees (whether jointly or otherwise) to be bound by the conditions of the permit—the agreement concerned.
Form of paragraph 21B(1)(b) agreement
(3)
An agreement mentioned in paragraph 21B(1)(b):
(a)
must be in writing in the approved form; and
(b)
is irrevocable.

21ERestrictions on applications

Maximum quantity—4,000 kilograms
(1)
The quantity specified in an application must not exceed 4,000 kilograms.
Maximum period—2 years
(2)
The period specified in an application:
(a)
must commence on the day on which the application is granted; and
(b)
must not exceed 2 years.
Application invalid if another permit held for the same chemical
(3)
An application for a commercial evaluation permit, or an application for a renewal of a commercial evaluation permit, for a chemical is invalid if, at any time during the period specified in the application:
(a)
in any case—another commercial evaluation permit relating to the commercial evaluation by the applicant, or any of the joint applicants, (whether jointly or otherwise) of the same chemical will be in force; and
(b)
if a person agrees (whether jointly or otherwise) to be bound by the conditions of the permit—another commercial evaluation permit relating to the commercial evaluation by the person (whether jointly or otherwise) of the same chemical will be in force.

21FDirector 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.

21GGrant of commercial evaluation permit

(1)
After considering an application, the Director must grant a commercial evaluation permit in accordance with the application.
(2)
This section has effect subject to section 21H (which deals with refusals).

21HRefusal of application

Application to be refused unless quantity of chemical is reasonably needed
(1)
The Director must refuse an application unless he or she is satisfied that the quantity of the chemical that the applicant seeks to introduce under the permit is reasonably needed for effective commercial evaluation of the chemical.
Excess period
(2)
If the period which an applicant seeks to have specified in the permit exceeds 1 year, the Director must refuse the application unless the applicant satisfies the Director that the excess period is reasonably required for the effective commercial evaluation of the chemical.
Contravention of Act etc.
(3)
The Director may refuse an application if, at any time during the period commencing 5 years before the application was made, the applicant, any of the joint applicants or a person who agrees (whether jointly or otherwise) to be bound by the conditions of the permit:
(a)
contravened section 21; or
(b)
contravened any of the conditions to which a commercial evaluation permit was subject; or
(c)
made a statement, or gave information:
(i)
in or in connection with an application for a commercial evaluation permit or an application for a renewal of a commercial evaluation permit; or
(ii)
in accordance with a requirement under section 21F; or
(iii)
in accordance with a condition of a kind mentioned in subsection 21L(3);
that was false or misleading in a material particular.
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.
(3A)
The Director may refuse an application for a renewal of a commercial evaluation permit if the Director is satisfied that the conditions in subsection 21B(2) have not been met.
Notification of refusal of application
(4)
If the Director refuses an application, the Director must give written notice of the refusal to the applicant.

21JNotice 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
(c)
the period of the permit.

21KDuration of commercial evaluation permit

A commercial evaluation permit comes into force at the beginning of the period specified in the permit and remains in force until the end of that period.

21LConditions of commercial evaluation permit

Conditions of permit
(1)
A commercial evaluation permit relating to an industrial chemical is subject to the following conditions:
(a)
a condition that a person who is or was the holder, or any of the holders, of the permit must not use the chemical, or permit the use of the chemical, for a purpose other than commercial evaluation unless the person holds an assessment certificate in force in relation to the chemical;
(b)
such other conditions (if any) as are specified by the Director in the permit.
Variation etc. of conditions
(2)
The Director may, by written notice given to the holder or holders of a commercial evaluation permit:
(a)
impose one or more further conditions to which the permit is subject; or
(b)
revoke or vary any condition:
(i)
imposed under paragraph (a); or
(ii)
specified in the permit.
Conditions may require giving of information
(3)
Without limiting the kinds of conditions to which a commercial evaluation permit may be subject, a commercial evaluation permit may be subject to conditions requiring a person who is or was the holder, or any of the holders, of the permit to give information to the Director.
Offence of contravening conditions
(4)
A person commits an offence if:
(a)
the person is or was the holder, or any of the holders, of a commercial evaluation permit; and
(b)
the person does an act or omits to do an act; and
(c)
the act or omission contravenes a condition of the permit.
Penalty: 300 penalty units.
Defence of reasonable excuse
(4A)
Subsection (4) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection (4A) (see subsection 13.3(3) of the Criminal Code).
Holder includes a person who agrees to be bound by the conditions of a permit
(5)
For the purposes of this section, if a person agrees (whether jointly or otherwise) to be bound by the conditions of a commercial evaluation permit, the person is taken to be a holder of the permit.

21MAdditional operation of section 21L

(1)
Without prejudice to its effect apart from this subsection, section 21L also has, because of this subsection, the effect it would have if a reference in paragraph 21L(1)(a) to the use of an industrial chemical were, by express provision, confined to the use of that chemical:
1. (a)
  by a foreign corporation, within the meaning of paragraph 51(xx) of the Constitution; or
2. (b)
  by a trading corporation formed within the limits of the Commonwealth, within the meaning of that paragraph; or
3. (c)
  for purposes in connection with the supply of the chemical in the course of trade and commerce with other countries, among the States, within a Territory, between a State and Territory or between 2 Territories; or
4. (d)
  for purposes in connection with the supply of the chemical to, or to an authority or instrumentality of, the Commonwealth or a Territory.
(2)
Without prejudice to its effect apart from this subsection, section 21L also has, because of this subsection, the effect it would have if a reference in paragraph 21L(1)(b) or (2)(a) or (b) to a condition were, by express provision, confined to a condition that relates to:

(n)
the toxicity of the chemical to aquatic invertebrates shown by the effects of the chemical on daphnids exposed to a series of concentrations of the chemical in water assessed by the test known as Daphnia sp, Acute Immobilisation Test and Reproduction Test;
(p)
the effects of the chemical on algae exposed for at least 3 days to a series of concentrations of the chemical in water assessed by the test known as Algal Growth Inhibition Test;
(q)
the tendency of the chemical to degrade assessed using the test known as a Ready Biodegradability Test;
(r)
the potential of the chemical to bioaccumulate in both aquatic and land environments;
being data obtained:
(s)
by specified methods; and
(t)
from specified raw data.

Part D

1.
The weight‑percentage of the total ingredients for the polymer that is represented by each ingredient.
2.
The number‑average molecular weight of the polymer or, where polymers of more than one molecular weight composition are to be introduced, the lowest number‑average molecular weight.
3.
The weight‑percentage of low molecular weight species of the polymer on its introduction represented by each residual monomer.
4.
The maximum weight percentage of low molecular weight species of the polymer below 500 daltons and below 1,000 daltons.
5.
Information about all products resulting from the degradation, decomposition or depolymerisation of the polymer.
6.
Information on the natural loss of monomers, additives and impurities from the polymer.

Part E

The following data about the effects of the chemical:
(a)
the chemical’s photostability;
(b)
the chemical’s phototoxicity;
(c)
the chemical’s photosensitisation;
(d)
the chemical’s bioavailability via the oral and dermal routes;
(e)
the chemical’s toxic effects on administration for a period of 3 to 6 months, by the oral and dermal routes;
(f)
the chemical’s photomutagenicity;
(g)
the chemical’s toxic effects on reproduction, including toxicity to male fertility;
(h)
the carcinogenic potential of the chemical, including photocarcinogenicity;
(i)
the potential of the chemical to interact with another chemical used as an ultraviolet filter in a cosmetic to be applied to the skin;
being data obtained:
(j)
by specified methods; and
(k)
from specified raw data.

Endnotes

Endnote 1About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.

If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.

Endnote 2Abbreviation key

ad = added or inserted	o = order(s)
am = amended	Ord = Ordinance
amdt = amendment	orig = original
c = clause(s)	par = paragraph(s)/subparagraph(s)
C[x] = Compilation No. x	/sub‑subparagraph(s)
Ch = Chapter(s)	pres = present
def = definition(s)	prev = previous
Dict = Dictionary	(prev…) = previously
disallowed = disallowed by Parliament	Pt = Part(s)
Div = Division(s)	r = regulation(s)/rule(s)
ed = editorial change	reloc = relocated
exp = expires/expired or ceases/ceased to have	renum = renumbered
effect	rep = repealed
F = Federal Register of Legislation	rs = repealed and substituted
gaz = gazette	s = section(s)/subsection(s)
LA = Legislation Act 2003	Sch = Schedule(s)
LIA = Legislative Instruments Act 2003	Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given	SLI = Select Legislative Instrument
effect	SR = Statutory Rules
(md not incorp) = misdescribed amendment	Sub‑Ch = Sub‑Chapter(s)
cannot be given effect	SubPt = Subpart(s)
mod = modified/modification	underlining = whole or part not
No. = Number(s)	commenced or to be commenced

Endnote 3Legislation history

Act	Number and year	Assent	Commencement	Application, saving and transitional provisions
Industrial Chemicals (Notification and Assessment) Act 1989	8, 1990	17 Jan 1990	ss. 1 and 2: Royal Assent Remainder: 17 July 1990
Industrial Relations Legislation Amendment Act (No. 2) 1991	62, 1991	30 May 1991	ss. 1 and 2: Royal Assent Schedule (Part 1 [in part] and Part 2): 2 July 1991 (see Gazette 1991, No. S182) Schedule (Part 3 [in part]): 1 Aug 1991 (see Gazette 1991, No. S210) Schedule (Part 5): 1 Sept 1991 (see Gazette 1991, No. S239) Remainder: 30 Nov 1991	—
Industrial Relations Legislation Amendment Act 1991	122, 1991	27 June 1991	ss. 4(1), 10(b) and 15–20: 1 Dec 1988 ss. 28(b)–(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332) Remainder: Royal Assent	s. 31(2)
Industrial Relations Legislation Amendment Act (No. 3) 1991	7, 1992	15 Jan 1992	Part 2 (ss. 3–27): 22 June 1992 (see Gazette 1992, No. S159) Part 5 (ss. 38, 39): 8 Apr 1992 (see Gazette 1992, No. S92) Remainder: Royal Assent	—
Industrial Chemicals (Notification and Assessment) Amendment Act 1992	102, 1992	30 June 1992	4 Aug 1992 (gaz 1992, No GN30)	—
Industrial Chemicals (Notification and Assessment) Amendment Act (No. 2) 1992	214, 1992	24 Dec 1992	s 1 and 2: Royal Assent Remainder: 1 Mar 1993 (gaz 1993, No S67)	s 5(2)
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Sch 2 (item 66): 1 March 1993 (s 2(2) and gaz 1993, No S67)	—
Industrial Chemicals (Notification and Assessment) Act 1997	99, 1997	30 June 1997	Sch 1 (items 1, 7, 8, 12, 15, 17–22, 24, 25, 27–29, 33, 35, 36, 51, 57, 58, 62, 81–83, 87, 89, 96–98, 102, 105) and Sch 2: 9 July 1997 (gaz 1997, No S278) Sch 1 (items 3–5, 9, 10, 46, 52, 53, 86, 88, 94, 95): 30 Dec 1997 Remainder: Royal Assent Sch 1 (items 16, 34, 37–41, 64–80, 84, 88, 93, 103): 7 Aug 1997 (gaz 1997, No S316)	Sch. 1 (items 100–106)
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Sch 1 (items 535–543): 5 Dec 1999 (s 2(1), (2) and gaz 1999, No S584)	—
Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000	137, 2000	24 Nov 2000	Sch 2 (items 243, 418, 419): 24 May 2001 (s 2(3))	Sch 2 (items 418, 419)
Gene Technology (Consequential Amendments) Act 2000	170, 2000	21 Dec 2000	22 June 2001 (s 2)	—
Australia New Zealand Food Authority Amendment Act 2001	81, 2001	10 July 2001	Sch 3 (items 6, 7): 1 July 2002 (s 2(2) and gaz 2002, No GN30)	—
Employment, Workplace Relations and Small Business Legislation Amendment (Application of Criminal Code) Act 2001	142, 2001	1 Oct 2001	s 4 and Sch 1 (items 15–57): 2 Oct 2001 (s 2(1))	s 4
as amended by
Workplace Relations Legislation Amendment Act 2002	127, 2002	11 Dec 2002	Sch 3 (items 15–17): 2 Oct 2001 (s 2(1) item 8)	—
Safety, Rehabilitation and Compensation and Other Legislation Amendment Act 2001	144, 2001	1 Oct 2001	Sch 1 (items 1–4, 8–11, 15–23, 25, 26, 31–33, 35–43, 45, 49–54, 56): 1 Oct 2001 (s 2(2)) Sch 1 (items 5–7): 1 Apr 2002 (s 2(7)) Sch 1 (items 12–14, 24, 27–30, 34, 44, 46–48, 55, 57): 29 Oct 2001 (s 2(3))	Sch 1 (items 7, 11, 23, 32, 41, 43, 50)
as amended by
Statute Law Revision Act 2006	9, 2006	23 Mar 2006	Sch 2 (item 22): 1 Oct 2001 (s 2(1) item 37)	—
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001	159, 2001	1 Oct 2001	29 Oct 2001 (s 2)	Sch 1 (item 97)
Therapeutic Goods and Other Legislation Amendment Act 2002	56, 2002	3 July 2002	Sch 2 (items 1–9): 3 July 2002 (s 2(1) item 1)	—
Industrial Chemicals (Notification and Assessment) Amendment Act 2003	74, 2003	15 July 2003	15 July 2003 (s 2)	Sch 1 (items 22, 23)
Industrial Chemicals (Notification and Assessment) Amendment (Rotterdam Convention) Act 2004	14, 2004	11 Mar 2004	Sch 1: 18 Aug 2004 (s 2(1) item 2) Remainder: 11 Mar 2004 (s 2(1) item 1)	Sch 1 (item 2)
Industrial Chemicals (Notification and Assessment) Amendment (Low Regulatory Concern Chemicals) Act 2004	110, 2004	13 July 2004	Sch 1: 9 Aug 2004 (s 2(1) item 2 and gaz 2004, No S320) Remainder: 13 July 2004 (s 2(1) item 1)	Sch 1 (items 185–194)
Financial Framework Legislation Amendment Act 2005	8, 2005	22 Feb 2005	s 4 and Sch 1 (items 159, 496): 22 Feb 2005 (s 2(1) items 1, 2)	s 4 and Sch 1 (item 496)
National Occupational Health and Safety Commission (Repeal, Consequential and Transitional Provisions) Act 2005	135, 2005	15 Nov 2005	Sch 1 and 2: 1 Jan 2006 (s 2(1) item 2) Remainder: 15 Nov 2005 (s 2(1) item 1)	—
Financial Framework Legislation Amendment Act (No. 1) 2006	30, 2006	6 Apr 2006	Sch 1 (items 29, 30): 7 Apr 2006 (s 2(1) item 2)	—
Industrial Chemicals (Notification and Assessment) Amendment (Cosmetics) Act 2007	134, 2007	20 Aug 2007	Sch 1 and 2: 17 Sept 2007 (s 2(1) item 2) Remainder:20 Aug 2007 (s 2(1) item 1)	Sch 2 (items 9, 16, 19, 26, 34)
Statute Stocktake (Regulatory and Other Laws) Act 2009	111, 2009	16 Nov 2009	Sch 1 (items 18–22): 17 Nov 2009 (s 2(1) item 2)	Sch 1 (item 22)
Statute Law Revision Act 2010	8, 2010	1 Mar 2010	Sch 5 (item 61): 1 Mar 2010 (s 2(1) item 35)	—
Statute Law Revision Act 2011	5, 2011	22 Mar 2011	Sch 6 (items 54, 55) and Sch 7 (item 74): 19 Apr 2011 (s 2(1) items 15, 18)	—
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Sch 2 (items 702–707) and Sch 3 (items 10, 11): 27 Dec 2011 (s 2(1) items 5, 12)	Sch 3 (items 10, 11)
Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Act 2011	103, 2011	26 Sept 2011	27 Sept 2011 (s 2)	Sch 1 (items 56–58)
Statute Law Revision Act 2012	136, 2012	22 Sept 2012	Sch 1 (items 69–79): 22 Sept 2012 (s 2(1) item 2)	—
Industrial Chemicals (Notification and Assessment) Amendment Act 2012	147, 2012	6 Nov 2012	Sch 1: 1 July 2013 (s 2(1) item 2) Sch 2 (items 2–10): 6 Nov 2012 (s 2(1) item 3)	Sch 1 (item 14) and Sch 2 (item 10)
Health and Other Legislation Amendment Act 2013	111, 2013	29 June 2013	Sch 1 (item 23): 30 June 2013 (s 2(1) item 4)	—
Statute Law Revision Act (No. 1) 2014	31, 2014	27 May 2014	Sch 1 (item 45): 24 June 2014 (s 2(1) item 2)	—
Public Governance, Performance and Accountability (Consequential and Transitional Provisions) Act 2014	62, 2014	30 June 2014	Sch 9 (items 163–165) and Sch 14: 1 July 2014 (s 2(1) items 6, 14)	Sch 14
as amended by
Public Governance and Resources Legislation Amendment Act (No. 1) 2015	36, 2015	13 Apr 2015	Sch 2 (items 7–9) and Sch 7: 14 Apr 2015 (s 2)	Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 495): 5 Mar 2016 (s 2(1) item 2)	—
Statute Law Revision Act (No. 1) 2015	5, 2015	25 Feb 2015	Sch 1 (item 19) and Sch 3 (items 98–101): 25 Mar 2015 (s 2(1) items 2, 10)	—
Acts and Instruments (Framework Reform) Act 2015	10, 2015	5 Mar 2015	Sch 3 (items 238, 239, 348, 349): 5 Mar 2016 (s 2(1) item 2)	Sch 3 (items 348, 349)
Public Governance and Resources Legislation Amendment Act (No. 1) 2015	36, 2015	13 Apr 2015	Sch 6 (items 25, 26) and Sch 7: 14 Apr 2015 (s 2)	Sch 6 (item 26) and Sch 7
as amended by
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sept 2015	Sch 1 (item 486): 5 Mar 2016 (s 2(1) item 2)	—
Customs and Other Legislation Amendment (Australian Border Force) Act 2015	41, 2015	20 May 2015	Sch 5 (item 92) and Sch 9: 1 July 2015 (s 2(1) items 2, 7)	Sch 9
as amended by
Australian Border Force Amendment (Protected Information) Act 2017	115, 2017	30 Oct 2017	Sch 1 (item 26): 1 July 2017 (s 2(1) item 2)	—
Norfolk Island Legislation Amendment Act 2015	59, 2015	26 May 2015	Sch 2 (item 227): 1 July 2016 (s 2(1) item 5) Sch 2 (items 356–396): 18 June 2015 (s 2(1) item 6)	Sch 2 (items 356–396)
as amended by
Territories Legislation Amendment Act 2016	33, 2016	23 Mar 2016	Sch 2: 24 Mar 2016 (s 2(1) item 2)	—
Acts and Instruments (Framework Reform) (Consequential Provisions) Act 2015	126, 2015	10 Sep 2015	Sch 1 (item 303): 5 Mar 2016 (s 2(1) item 2)	—
Statute Law Revision Act (No. 2) 2015	145, 2015	12 Nov 2015	Sch 1 (item 9): 10 Dec 2015 (s 2(1) item 2)	—
Statute Law Revision Act (No. 1) 2016	4, 2016	11 Feb 2016	Sch 4 (items 1, 189, 400): 10 Mar 2016 (s 2(1) item 6)	—
Regulatory Powers (Standardisation Reform) Act 2017	124, 2017	6 Nov 2017	Sch 10: 6 Nov 2018 (s 2(1) item 3)	Sch 10 (items 9–13)
Industrial Chemicals (Notification and Assessment) Amendment Act 2019	14, 2019	12 Mar 2019	Sch 1: 3 Apr 2019 (s 2(1) item 2)	Sch 1 (items 9–12)

Endnote 4Amendment history

Provision affected		How affected
Title.......................................	am. No. 99, 1997; No. 134, 2007
Part 1
s. 3........................................	rs. No. 134, 2007
s. 4........................................	rs. No. 99, 1997
am. No. 134, 2007
s 5.........................................	am No 7, 1992; No 102, 1992; No 214, 1992; No 99, 1997; No 146, 1999; No 170, 2000; No 144, 2001; No 56, 2002; No 110, 2004; No 134, 2007; No 111, 2009; No 5, 2011; No 103, 2011; No 136, 2012; No 147, 2012; No 124, 2017; No 14, 2019
s. 7........................................	am. No. 62, 1991; No. 99, 1997; No. 81, 2001
s. 7A......................................	ad. No. 99, 1997
s 9.........................................	am No 59, 2015
s. 10AA.................................	ad. No. 142, 2001
s 10A.....................................	ad. No. 170, 2000
s 10B.....................................	ad. No. 170, 2000
s 10C.....................................	ad. No. 170, 2000
Part 2
Division 1
s. 11.......................................	am. No. 214, 1992; No. 144, 2001; No. 110, 2004; No. 103, 2011
s. 12.......................................	am. No. 214, 1992; No. 99, 1997; No. 110, 2004; No. 103, 2011
s. 13.......................................	rep. No. 214, 1992
ad. No. 110, 2004
s 13A.....................................	ad. No. 110, 2004
s 13B.....................................	ad. No. 110, 2004
s. 14.......................................	am. No. 99, 1997; No 110, 2004; No 31, 2014
s. 15A....................................	ad. No. 110, 2004
am. No. 103, 2011
Division 1A
Division 1A............................	ad. No. 103, 2011
s 15AA..................................	ad. No. 103, 2011
s 15AB...................................	ad. No. 103, 2011
Division 2
s. 17.......................................	am. No. 99, 1997
s. 18.......................................	am. No. 110, 2004
s. 18A....................................	ad. No. 99, 1997
am. No. 144, 2001; No. 110, 2004
s. 19.......................................	rs. No. 99, 1997; No. 144, 2001
am. No. 110, 2004
Division 3
Division 3 heading .................	rs. No. 110, 2004
s. 20.......................................	rs. No. 214, 1992
am No 99, 1997l; No 110, 2004
s. 20AA.................................	ad. No. 99, 1997
am. No. 110, 2004
s. 20AB..................................	ad. No. 99, 1997
am No. 110, 2004
Division 4 ..............................	ad. No. 214, 1992
rep. No. 111, 2009
s 20A.....................................	ad No 214, 1992
rep No 111, 2009
s 20B.....................................	ad No 214, 1992
rep No 111, 2009
s 20C.....................................	ad No 214, 1992
rep No 111, 2009
s 20D.....................................	ad No 214, 1992
rep No 111, 2009
s 20E.....................................	ad No 214, 1992
rep No 111, 2009
s 20F......................................	ad No 214, 1992
rep No 111, 2009
s 20G.....................................	ad No 214, 1992
rep No 111, 2009
Part 3
Division 1
s 21........................................	am No 102, 1992; No 214, 1992; No 99, 1997; No 142, 2001 (as am by No 127, 2002); No 144, 2001; No 110, 2004; No 111, 2013; No 41, 2015; No 14, 2019
s. 21AA.................................	ad. No. 110, 2004
am. No. 134, 2007
s. 21AAA...............................	ad. No. 134, 2007
s. 21AB..................................	ad. No. 110, 2004
am. No. 134, 2007
Division 1A
Division 1A............................	ad. No. 102, 1992
s. 21A....................................	ad. No. 102, 1992
s. 21B....................................	ad. No. 102, 1992
am. No. 110, 2004
s. 21C....................................	ad. No. 102, 1992
s. 21D....................................	ad. No. 102, 1992
am. No. 99, 1997; No. 110, 2004; No. 147, 2012
s. 21E....................................	ad. No. 102, 1992
am. No. 74, 2003; No. 110, 2004; No 136, 2012
s. 21F.....................................	ad. No. 102, 1992
am. No. 110, 2004
rs. No. 134, 2007
s. 21G....................................	ad. No. 102, 1992
am. No. 110, 2004
s. 21H....................................	ad. No. 102, 1992
am. No. 99, 1997; No. 110, 2004; No. 134, 2007; No 136, 2012
s. 21J.....................................	ad. No. 102, 1992
rs. No. 134, 2007
s. 21K....................................	ad. No. 102, 1992
s 21L.....................................	ad No 102, 1992
am No 142, 2001; No 110, 2004; No 136, 2012; No 14, 2019
s. 21M...................................	ad. No. 102, 1992
s. 21N....................................	ad. No. 102, 1992
am. No. 110, 2004
s. 21P.....................................	ad. No. 102, 1992
am. No. 110, 2004
Division 1B
Division 1B............................	ad. No. 214, 1992
s. 21Q....................................	ad. No. 214, 1992
am. No. 110, 2004; No. 134, 2007
s. 21R....................................	ad. No. 214, 1992
am. No. 110, 2004
s. 21S.....................................	ad. No. 214, 1992
am. No. 110, 2004; No. 134, 2007
s. 21SA..................................	ad. No. 99, 1997
am. No. 110, 2004
s. 21T....................................	ad. No. 214, 1992
s. 21U....................................	ad. No. 214, 1992
am. No. 99, 1997; No. 110, 2004; No. 134, 2007
s. 21V....................................	ad. No. 214, 1992
s. 21W...................................	ad. No. 214, 1992
am. No. 142, 2001; No. 110, 2004; No. 134, 2007
s. 21X....................................	ad. No. 214, 1992
s. 21Y....................................	ad. No. 214, 1992
am. No. 134, 2007
s. 21Z....................................	ad. No. 214, 1992
s. 21ZA..................................	ad. No. 214, 1992
s. 21ZB..................................	ad. No. 214, 1992
am. No. 110, 2004; No. 134, 2007
s. 22.......................................	rep. No. 214, 1992
Division 1C
Division 1C............................	ad. No. 110, 2004
s 22A.....................................	ad No 110, 2004
s 22B.....................................	ad No 110, 2004
s. 22C....................................	ad. No. 110, 2004
am. No. 134, 2007

s 22D.....................................	ad. No. 110, 2004
s 22E.....................................	ad. No. 110, 2004
s 22F......................................	ad. No. 110, 2004
s 22G.....................................	ad. No. 110, 2004
s 22H.....................................	ad. No. 110, 2004
s 22I......................................	ad. No. 110, 2004
s 22J......................................	ad. No. 110, 2004
s 22K.....................................	ad. No. 110, 2004
s. 22L....................................	ad. No. 110, 2004
am. No. 134, 2007
s 22M....................................	ad No 110, 2004
s 22N.....................................	ad No 110, 2004
s. 22O....................................	ad. No. 110, 2004
am. No. 134, 2007
Division 2
s. 22P.....................................	ad. No. 110, 2004
s. 23.......................................	am. Nos. 7 and 214, 1992; No. 110, 2004; No. 134, 2007; No. 103, 2011
s. 23A....................................	ad. No. 110, 2004
s. 24A....................................	ad. No. 214, 1992
am. No. 110, 2004
s 25........................................	am. No. 110, 2004
s 26........................................	am. No. 110, 2004
s 27........................................	am. No. 110, 2004
s 28........................................	am. No. 110, 2004
s 30........................................	am No 7, 1992; No 99, 1997
ed C40
s. 30A....................................	ad. No. 99, 1997
am. No. 110, 2004; No. 134, 2007
s. 30AA.................................	ad. No. 99, 1997
s. 30B....................................	ad. No. 99, 1997
s. 30C....................................	ad. No. 99, 1997
am. No. 142, 2001; No. 110, 2004
Division 3
Division 3 heading..................	rs No 110, 2004
s. 31.......................................	am. No. 214, 1992; No. 99, 1997; No. 144, 2001; No. 110, 2004
s 31A.....................................	ad No 110, 2004
am. No 103, 2011
s 31B.....................................	ad No 110, 2004
am. No 103, 2011
s. 32.......................................	am. No. 99, 1997; No. 110, 2004
s. 33.......................................	am. No. 214, 1992; No. 110, 2004; No. 147, 2012
s 33A.....................................	ad No 110, 2004
s 33B.....................................	ad No 110, 2004
s 33C.....................................	ad No 110, 2004
s. 34.......................................	am. No. 214, 1992; No. 144, 2001; No. 103, 2011
s. 35.......................................	am. No. 214, 1992; No. 99, 1997; No. 144, 2001
rep. No. 103, 2011
s. 36.......................................	am. No. 214, 1992; No. 144, 2001
rs. No. 110, 2004
am. No. 103, 2011
s. 37.......................................	am. No. 214, 1992; No. 144, 2001; No. 110, 2004; No. 103, 2011
s. 38.......................................	am. No. 214, 1992; No. 99, 1997; No. 144, 2001; No. 110, 2004; No. 103, 2011
s. 39.......................................	am. Nos. 7 and 214, 1992; No. 110, 2004
s. 40.......................................	am. No. 214, 1992; No. 144, 2001; No. 103, 2011
Division 3A
Division 3A............................	ad. No. 99, 1997
s. 40A....................................	ad. No, 99, 1997
am. No. 110, 2004; No. 103, 2011
s 40B–40F..............................	ad. No, 99, 1997
s. 40G....................................	ad. No. 99, 1997
am. No. 144, 2001; No. 103, 2011
s. 40H....................................	ad. No. 99, 1997
am. No. 110, 2004
s. 40J.....................................	ad. No. 99, 1997
Division 3B
Division 3B............................	ad No 110, 2004
s 40K.....................................	ad No 110, 2004
s 40L.....................................	ad No 110, 2004
s 40M....................................	ad No 110, 2004
s 40N.....................................	ad No 110, 2004
rep No 14, 2019
Division 4
s. 41.......................................	am. No. 110, 2004
s 43........................................	am No 99, 1997; No 5, 2015
s. 44.......................................	am. No. 99, 1997; No. 110, 2004; No. 103, 2011
s 46........................................	am No 4, 2016
Division 5
Division 5 heading..................	rs. No. 214, 1992
Subdivision A
Subdivision A heading.............	ad. No, 99, 1997
s. 47.......................................	am. Nos. 102 and 214, 1992; No. 43, 1996; No. 99, 1997
rs. No. 110, 2004
Subdivision B
Subdivision B heading ............	ad. No. 99, 1997
s. 48.......................................	rs. No. 99, 1997
am. No. 142, 2001
s. 49.......................................	rep. No. 99, 1997
Heading to s. 50......................	am. No. 99, 1997
s. 50.......................................	am. No. 99,1997
s. 50A....................................	ad. No. 99, 1997
Subdivision C
Subdivision C heading ............	ad. No. 99, 1997
s. 50B....................................	ad. No. 99, 1997
s 51........................................	rs No 99, 1997
s 52........................................	rs No 99, 1997
s 53........................................	rs No 99, 1997
s. 54.......................................	am. No, 99, 1997
Subdivision D
Subdivision D heading ............	ad. No. 99, 1997
s. 55.......................................	am. No. 7, 1992; No. 99, 1997
s. 56.......................................	am. No. 99, 1997; No. 142, 2001 (as am. by No. 127, 2002)
s. 57.......................................	am. No. 99, 1997
s. 58.......................................	am. No. 99, 1997; Nos. 142 and 144, 2001
s. 60.......................................	am. No. 99, 1997
s. 60A....................................	ad. No. 99, 1997
s. 60B....................................	ad. No. 99, 1997
am. No. 147, 2012
s. 60C....................................	ad. No. 99, 1997
s. 60D....................................	ad. No. 99, 1997
am. No. 144, 2001 (as am. by No. 9, 2006)
s. 60E....................................	ad. No. 99, 1997
am. No. 144, 2001
s. 60F.....................................	ad. No. 99, 1997
am. No. 144, 2001; No. 103, 2011
s. 61.......................................	am. Nos. 142 and 144, 2001
s. 62.......................................	rs. No. 99, 1997
Division 6
s. 64.......................................	am. No. 7, 1992; No. 144, 2001; No. 110, 2004
s. 65.......................................	am. No. 144, 2001
s. 66.......................................	am. No. 7, 1992
s. 67.......................................	am. Nos. 142 and 144, 2001
s. 68.......................................	am. No. 144, 2001; No. 103, 2011
s. 68A....................................	ad. No. 144, 2001
s. 69.......................................	am. Nos. 142 and 144, 2001
s. 70.......................................	am. No. 144, 2001; No. 103, 2011
Division 8
s. 75.......................................	am. Nos. 102 and 214, 1992; No. 99, 1997; No. 110, 2004; No. 134, 2007
s 76........................................	am No 124, 2017
Division 9
s. 77.......................................	rep. No. 134, 2007
s. 78.......................................	am. No. 103, 2011; No. 147, 2012
Part 3A
Part 3A..................................	ad. No. 99, 1997
Division 1
s. 80A....................................	ad. No. 99, 1997
rs. No. 110, 2004
am No 147, 2012
Heading to s. 80B....................	am. No. 110, 2004
s. 80B....................................	ad. No. 99, 1997
am. No. 142, 2001 (as am. by No. 127, 2002)
rs. No. 74, 2003
am. No. 110, 2004
Division 2
s 80C.....................................	ad. No. 99, 1997
s 80D.....................................	ad. No. 99, 1997
Division 3
s. 80E....................................	ad. No. 99, 1997
am. No. 74, 2003; No. 110, 2004
s. 80F.....................................	ad. No. 99, 1997
am. No. 74, 2003; No. 110, 2004; No 147, 2012
s. 80G....................................	ad. No. 99, 1997
am. No. 74, 2003; No. 110, 2004
s. 80H....................................	ad. No. 99, 1997
s. 80J.....................................	ad. No. 99, 1997
am. No. 74, 2003
s. 80K....................................	ad. No. 99, 1997
rs. No. 74, 2003
am. No. 110, 2004
s 80KA..................................	ad. No. 74, 2003
am. No. 110, 2004; No 147, 2012
s 80KB...................................	ad. No. 74, 2003
am. No. 110, 2004; No 147, 2012
s 80KC...................................	ad. No. 74, 2003
am. No. 110, 2004
s. 80L....................................	ad. No. 99, 1997
am. No. 110, 2004
s. 80M...................................	ad. No. 99, 1997
rs. No. 74, 2003
s. 80N....................................	ad. No. 99, 1997
am. No. 74, 2003
s. 80P.....................................	ad. No. 99, 1997
am. No. 74, 2003; No. 110, 2004
s 80Q.....................................	ad No 99, 1997
am No 142, 2001; No 74, 2003; No 147, 2012
rep No 14, 2019
s 80QA..................................	ad No 99, 1997
am No 110, 2004; No 14, 2019
s 80QB...................................	ad No 99, 1997
s 80QC...................................	ad No 99, 1997
s 80QD..................................	ad No 99, 1997
am No 142, 2001; No 74, 2003; No 110, 2004; No 147, 2012
s 80R.....................................	ad No 99, 1997
Division 4
s. 80S.....................................	ad. No. 99, 1997
am. No. 110, 2004
s 80T.....................................	ad No 99, 1997
am No 74, 2003; No 110, 2004; No 147, 2012
s 80U.....................................	ad No 99, 1997
Division 5
s. 80W...................................	ad. No. 99, 1997
am. No. 142, 2001; No. 110, 2004
s. 80Y....................................	ad. No. 99, 1997
rep. No. 110, 2004
Part 3B
Part 3B...................................	ad. No. 134, 2007
s 81........................................	rep. No. 137, 2000
ad. No. 134, 2007
am No 126, 2015
s. 81A....................................	ad. No. 134, 2007
Part 4
Division 1
Division 1 heading..................	rs No 99, 1997
s 83........................................	am No 142, 2001
rs No 124, 2017
s 83A.....................................	ad No 99, 1997
Division 2
s 84........................................	am No 146, 1999
Division 3
Division 3..............................	ad No 124, 2017
s 85........................................	am No 142, 2001; No 144, 2001
rs No 124, 2017
Division 4
Division 4..............................	ad No 124, 2017
s. 86.......................................	am. No. 134, 2007
rs No 124, 2017
s. 87.......................................	am. No. 142, 2001
rep No 124, 2017
s 88........................................	am No 142, 2001; No 144, 2001
rep No 124, 2017
Division 5
Division 5..............................	ad No 124, 2017
s 89........................................	rs No 124, 2017
Part 5
s. 90.......................................	am. No. 144, 2001
s. 91.......................................	am. No. 56, 2002
s. 92.......................................	am. No. 159, 2001
s. 94.......................................	rs. No. 122, 1991
am. No. 146, 1999
s. 96.......................................	am. No. 122, 1991
s. 97.......................................	am. No. 46, 2011
s. 99.......................................	am. No. 56, 2002
s. 100.....................................	am. No. 146, 1999; No. 56, 2002
s. 100A..................................	ad. No. 56, 2002
am No 62, 2014
s. 100B..................................	ad. No. 56, 2002
am. No. 74, 2003; No. 135, 2005; No. 30, 2006; No 62, 2014
s.100C...................................	ad No 56, 2002
am No 135, 2005; No 145, 2015
Part 5A
Part 5A..................................	ad. No. 14, 2004
Division 1
s. 100D..................................	ad. No. 14, 2004
am. No. 8, 2010
Division 2
s. 100E...................................	ad. No. 14, 2004
Division 3
s. 100F...................................	ad. No. 14, 2004
Division 4
s 100G...................................	ad No 14, 2004
s 100H...................................	ad No 14, 2004
s 100J....................................	ad No 14, 2004
s 100K...................................	ad No 14, 2004
Part 6
s 102......................................	am No 102, 1992; No 214, 1992; No 99, 1997; No 144, 2001; No 74, 2003; No 110, 2004; No 111, 2009; No 103, 2011; No 14, 2019
s 104......................................	am No 146, 1999; No 5, 2011; No 124, 2017
s. 104A..................................	ad. No. 99, 1997
rs. No. 146, 1999
am. No. 144, 2001; No. 103, 2011
s 105......................................	am No 46, 2011; No 10, 2015
s 106......................................	rs No 214, 1992
am No 99, 1997; No 142, 2001; No 144, 2001; No 4, 2016
s 108......................................	rs No 36, 2015
s 109......................................	am No 142, 2001; No 5, 2015
s 110......................................	am No 102, 1992; No 214, 1992; No 99, 1997; No 144, 2001; No 74, 2003; No 110, 2004; No 134, 2007; No 111, 2009; No 103, 2011; No 147, 2012
s. 110A..................................	ad. No. 74, 2003
s. 110B..................................	ad. No. 110, 2004
am. No. 8, 2005
s. 110C..................................	ad. No. 110, 2004
s. 111.....................................	am. No. 62, 1991; No. 144, 2001
Schedule
Schedule................................	am. No. 99, 1997; No. 110, 2004; No. 103, 2011; No. 147, 2012

Endnote 5Editorial changes

In preparing this compilation for registration, the following kinds of editorial change(s) were made under the Legislation Act 2003.

Paragraph 30(4)(a)

Kind of editorial change

Change to spelling

Details of editorial change

This compilation was editorially changed to omit the word “withold” and substitute the word “withhold” in paragraph 30(4)(a) to correct the spelling.