Industrial Chemicals (Notification and Assessment) Amendment (Reforms) Regulations 2019 (Cth)

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Industrial Chemicals (Notification and Assessment) Amendment (Reforms) Regulations 2019

I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 04 April 2019

Peter Cosgrove

Governor‑General

By His Excellency’s Command

Bridget McKenzie

Minister for Regional Services, Sport, Local Government and Decentralisation

Contents

1Name

This instrument is the Industrial Chemicals (Notification and Assessment) Amendment (Reforms) Regulations 2019.

2Commencement
  1. (1)

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

Commencement information

Column 1

Column 2

Column 3

Provisions

Commencement

Date/Details

1.

The whole of this instrument

The later of:

(a) the start of the day after this instrument is registered; and

(b) immediately after the commencement of Schedule 1 to the Industrial Chemicals (Notification and Assessment) Amendment Act 2019.

However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur.

6 April 2019

(paragraph (a) applies)

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

  1. (2)

    Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Industrial Chemicals (Notification and Assessment) Act 1989.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Part 1Amendments

Industrial Chemicals (Notification and Assessment) Regulations 1990

1

Regulation 2

Insert:

high concern reactive functional group: see clause 3 of Schedule 3.

low concern reactive functional group: see clause 1 of Schedule 3.

moderate concern reactive functional group: see clause 2 of Schedule 3.

2

Regulations 4A, 4B and 4CA

Repeal the regulations, substitute:

4APolymer of low concern—number average molecular weight greater than or equal to 1,000 and less than 10,000 (Act s 5)

  1. (1)

    For the purposes of subparagraph (a)(i) of the definition of polymer of low concernin subsection 5(1) of the Act, the characteristics relating to weight for a polymer that has a number average molecular weight that is greater than or equal to 1,000, but less than 10,000, are set out in this regulation.

General

  1. (2)

    The polymer must:

    1. (a)

      have less than 10% by mass of molecules with molecular weight that is less than 500; and

    2. (b)

      have less than 25% by mass of molecules with molecular weight that is less than 1,000.

Polymers that include moderate concern reactive functional groups and do not include high concern reactive functional groups

  1. (3)

    In addition to the characteristics mentioned in subregulation (2), if the polymer includes moderate concern reactive functional groups, and does not include high concern reactive functional groups, the polymermust have a combined functional group equivalent weight of at least 1,000.

  2. (4)

    In calculating the weight mentioned in subregulation (3), all moderate concern reactive functional groups included in the polymer must be taken into account.

Polymers that include high concern reactive functional groups

  1. (5)

    In addition to the characteristics mentioned in subregulation (2), if the polymer includes high concern reactive functional groups, the polymermust have a combined functional group equivalent weight of at least 5,000.

  2. (6)

    In calculating the weight mentioned in subregulation (5), the following must be taken into account:

    1. (a)

      all moderate concern reactive functional groups included in the polymer;

    2. (b)

      all high concern reactive functional groups included in the polymer.

4BPolymer of low concern—number average molecular weight that is 10,000 or greater (Act s 5)

For the purposes of subparagraph (a)(i) of the definition of polymer of low concernin subsection 5(1) of the Act, the characteristics relating to weight for a polymer that has a number average molecular weight that is 10,000 or greater are that the polymer must:

  1. (a)

    have less than 2% by mass of molecules with molecular weight that is less than 500; and

  2. (b)

    have less than 5% by mass of molecules with molecular weight that is less than 1,000.

3

Before subregulation 4I(1)

Insert:

  1. (1A)

    For the purposes of paragraph (f) of the definition of polymer of low concern in subsection 5(1) of the Act, the characteristics set out in this regulation are prescribed.

4

Subregulation 4I(1)

Omit “For paragraph (f) of the definition of polymer of low concern in section 5 of the Act, a polymer”, substitute “A polymer”.

5

Subregulations 4I(2) and (3)

Omit “For paragraph (f) of that definition, a polymer”, substitute “A polymer”.

6

At the end of regulation 4I

Add:

  1. (4)

    A polymer must not contain as an integral part of its composition (except as an impurity) a chain (whether branched or linear) of fully fluorinated carbon atoms, at least one end of which is terminated by a perfluoromethyl (CF3) group.

7

After subregulation 6AB(1B)

Insert:

  1. (1C)

    For the purposes of subparagraph 21(6)(d)(ii) of the Act, the requirements set out in subregulations (7A), (8) and (9) are prescribed.

8

Subregulation 6AB(5A)

Repeal the subregulation.

9

Subparagraph 6AB(7)(a)(i)

Omit “(5A)”, substitute “(5)”.

10

Subparagraph 6AB(7)(b)(i)

Omit “and (5A)”.

11

Schedule 3

Repeal the Schedule, substitute:

Schedule 3—Reactive functional groups

Note: See the definitions of low concern reactive functional group, moderate concern reactive functional group and high concern reactive functional group in regulation 2.

1Low concern reactive functional groups

A reactive functional group mentioned in the following table is a low concern reactive functional group.

Low concern reactive functional groups

Item

Reactive functional group

1

Aliphatic hydroxyls

2

Blocked isocyanates (including ketoxime‑blocked isocyanates)

3

Butenedioic acid groups

4

Carboxylic acids

5

Conjugated olefinic groups contained in naturally occurring fats, oils and carboxylic acids

6

Halogens (except reactive halogen‑containing groups such as benzylic or allylic halides)

7

Thiols

8

Unconjugated nitriles

9

Unconjugated olefinic groups considered “ordinary” (that is, unconjugated olefinic groupsnot specifically activated by being part of a larger functional group or by other activating influences)

2Moderate concern reactive functional groups

A reactive functional group mentioned in the following table is a moderate concern reactive functional group.

Moderate concern reactive functional groups

Item

Reactive functional group

1

Acid anhydrides

2

Acid halides

3

Aldehydes

4

Alkoxysilanes (with alkoxy greater than C2‑alkoxysilane)

5

Allyl ethers

6

Conjugated olefinic groups not contained in naturally occurring fats, oils and carboxylic acids

7

Cyanates

8

Epoxides

9

Hemiacetals

10

Imines (ketimines and aldimines)

11

Methylol‑amides

12

Methylol‑amines

13

Methylol‑ureas

14

Unsubstituted positions ortho and para to phenolic hydroxyl

3High concern reactive functional groups

A reactive functional group mentioned in the following table is a high concern reactive functional group.

High concern reactive functional groups

Item

Reactive functional group

1

Alkoxysilanes (with alkoxy of C1‑ or C2‑ alkoxysilane)

2

Alpha lactones

3

Aziridines

4

Beta lactones

5

Carbodi‑imides

6

Halosilanes

7

Hydrazines

8

Hydrosilanes

9

Isocyanates

10

Isothiocyanates

11

Partially‑hydrolysed acrylamides

12

Pendant acrylates

13

Pendant methacrylates

14

Vinyl sulfones or analogous compounds

15

Any other reactive functional group that is not a low concern reactive functional group or a moderate concern reactive functional group

12

Part 1 of Schedule 4 (after table item 111)

Insert:

111A

1,4‑Cyclohexanedicarboxylic acid

1076‑97‑7

13

Part 1 of Schedule 4 (after table item 116)

Insert:

116A

2,5‑Furandione, dihydro‑

108‑30‑5

14

Part 1 of Schedule 4 (after table item 121)

Insert:

121A

5‑Isobenzofurancarboxylic acid, 1,3‑dihydro‑1,3‑dioxo‑

552‑30‑7

121B

1,3‑Isobenzofurandione

85‑44‑9

15

Part 1 of Schedule 4 (at the end of the table)

Add:

131

Unsaturated fatty acids, C18, dimers, hydrogenated

68783‑41‑5

16

Part 2 of Schedule 4 (after table item 204)

Insert:

204A

Ethanol

64‑17‑5

17

Part 2 of Schedule 4 (after table item 206)

Insert:

206A

Methanol

67‑56‑1

18

Part 2 of Schedule 4 (after table item 209)

Insert:

209A

1‑Propanol, 2‑methyl‑

78‑83‑1

19

Part 3 of Schedule 4 (after table item 302)

Insert:

302A

Castor oil

8001‑79‑4

302B

Castor oil, dehydrated

64147‑40‑6

302C

Castor oil, dehydrated, polymerised

68038‑02‑8

20

Part 3 of Schedule 4 (after table item 303)

Insert:

303A

Coconut oil, hydrogenated

84836‑98‑6

21

Part 3 of Schedule 4 (after table item 304)

Insert:

304A

Corn‑oil fatty acids

68308‑50‑9

22

Part 3 of Schedule 4 (after table item 312)

Insert:

312A

Fatty acids, C8‑10

68937‑75‑7

312B

Fatty acids, C14‑18 and C16‑18‑unsaturated

67701‑06‑8

23

Part 3 of Schedule 4 (after table item 317)

Insert:

317A

Fatty acids, olive‑oil

92044‑96‑7

24

Part 3 of Schedule 4 (after table item 324)

Insert:

324A

Fish oil

8016‑13‑5

25

Part 3 of Schedule 4 (after table item 326)

Insert:

326A

Hexadecanoic acid

57‑10‑3

326B

9‑Hexadecenoic acid, (9Z)‑

373‑49‑9

26

Part 3 of Schedule 4 (table item 328)

Repeal the table item, substitute:

328A

Hexanoic acid, 3,3,5‑trimethyl

23373‑12‑8

328

Hexanoic acid, 3,5,5‑trimethyl

3302‑10‑1

27

Part 3 of Schedule 4 (after table item 330)

Insert:

330A

Linseed oil, polymerised

67746‑08‑1

28

Part 3 of Schedule 4 (after table item 331)

Insert:

331A

Octadecanoic acid

57‑11‑4

331B

9‑Octadecenoic acid (9Z)‑

112‑80‑1

331C

9,12‑Octadecadienoic acid (9Z,12Z)‑

60‑33‑3

29

Part 3 of Schedule 4 (after table item 335)

Insert:

335A

Olive oil

8001‑25‑0

30

Part 4 of Schedule 4 (after table item 408)

Insert:

408A

1,3‑Propanediol

504‑63‑2

31

At the end of Schedule 4

Add:

Part 5—Derivatives

1Derivatives

The following table sets out substances that are derivatives of substances set out in Parts 1 and 3 of this Schedule.

Derivatives

Item

Substances

1

A diethyl or triethyl ester of a substance listed in Part 1 of this Schedule

2

A dimethyl or trimethyl ester of a substance listed in Part 1 of this Schedule

3

An anhydride of a substance listed in Part 1 or Part 3 of this Schedule

4

An ethyl ester of a substance listed in Part 1 or Part 3 of this Schedule

5

A methyl ester of a substance listed in Part 1 or Part 3 of this Schedule

Part 2Application provisions

Industrial Chemicals (Notification and Assessment) Regulations 1990

32

At the end of Schedule 5

Add:

2Application of amendments made by Part 1 of Schedule 1 to the Industrial Chemicals (Notification and Assessment) Amendment (Reforms) Regulations 2019

General

  1. (1)

    The amendments made by the amending regulations apply in relation to the introduction of new industrial chemicals on or after the commencement time.

Applications for permits and certificates

  1. (2)

    Despite the amendments made by the amending regulations, these Regulations, as in force immediately before the commencement time, continue to apply in relation to an application for a permit or an assessment certificate made, but not finally determined, before the commencement time.

Definitions

  1. (3)

    In this regulation:

amending regulations means Part 1 of Schedule 1 to the Industrial Chemicals (Notification and Assessment) Amendment (Reforms) Regulations 2019.

commencement time means the time that the amending regulations commence.

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