Industrial Chemicals (Notification and Assessment) Amendment Regulations 2011 (No. 1) (Cth)

Industrial Chemicals (Notification and Assessment) Amendment Regulations 2011 (No. 1)¹

Select Legislative Instrument 2011 No. 260

I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Industrial Chemicals (Notification and Assessment) Act 1989.

Dated 7 December 2011

QUENTIN BRYCE

Governor-General

By Her Excellency’s Command

CATHERINE KING

Parliamentary Secretary for Health and Ageing

Name of Regulations

These Regulations are the Industrial Chemicals (Notification and Assessment) Amendment Regulations 2011 (No. 1).

Commencement

These Regulations commence on the day after they are registered.

Amendment of Industrial Chemicals (Notification and Assessment) Regulations 1990

Schedule 1 amends the Industrial Chemicals (Notification and Assessment) Regulations 1990.

Schedule 1 Amendments

(regulation 3)

[1] Regulation 2, definition of Library

omit

334–336 Illawarra Road Marrickville NSW 2204.

insert

Level 7, 260 Elizabeth Street Surry Hills NSW 2010.

[2] Paragraph 3 (1) (k)

substitute

(k)the flash point in °C of the chemical;

[3] Subparagraph 3 (1) (l) (i)

substitute

(i)for gases and vapours — the upper and lower limits of flammability in air; and

(ia)for solids — the ability to propagate combustion; and

[4] Paragraph 3 (1) (n)

substitute

(n)a summary of the chemical’s explosive properties, including the chemical’s potential (if any) to detonate as the result of heat, shock or friction;

[5] Paragraph 4 (1) (b)

omit

Part C

insert

Parts C and E

[6] Paragraph 4AA (b), including the note

substitute

(b)a chemical that is included in the Hazardous Substances Information System (HSIS) maintained by Safe Work Australia.

Note These publications are available through the website of Safe Work Australia at

[7] Subregulation 4J (2)

omit

subsection 23 (5) or (7)

insert

subsection 23 (5), (7) or (9)

[8] Paragraph 4K (2) (b)

omit

subsection 23 (5) or (7)

insert

subsection 23 (5), (7) or (9)

[9] Subregulation 6AB (3)

substitute

(3)The chemical must not be prohibited or restricted for use as a cosmetic, or for use in cosmetics:

(a)in the European Union under Council Directive 76/768/EEC as in force on 1 November 2011; or

(b)in the United States of America under the Federal Food, Drug, and Cosmetic Act as in force on 1 November 2011.

[10] Paragraph 6B (b)

substitute

(b)if the chemical is to be introduced in an amount that is greater than 10 tonnes in a period of 12 months:

(i)information about the matters set out in Part C of the Schedule to the Act that is available to the applicant; and

(ii)for a chemical that is to be used as an ultraviolet filter in a cosmetic to be applied to the skin — information about the matters set out in Part E of the Schedule to the Act that is available to the applicant;

[11] Regulation 8

omit

[12] Regulation 8A

omit

Department of the Environment, Water, Heritage and the Arts

insert

Department of Sustainability, Environment, Water, Population and Communities

[13] Paragraph 8B (e)

substitute

(e)a statement that a notice has been, or is to be, published in the Chemical Gazette stating that the public report about the chemical is available;

(f)the date of publication of the notice mentioned in paragraph (e).

[14] Regulation 8C

omit

Department of the Environment, Water, Heritage and the Arts

insert

Department of Sustainability, Environment, Water, Population and Communities

[15] Paragraphs 8D (f) and (g)

substitute

(f)the date of publication, in the Chemical Gazette, of the notice that stated the original public report about the chemical was available;

(g)a statement that a notice has been, or is to be, published in the Chemical Gazette stating that the public report incorporating modifications is available;

(h)the date of publication of the notice mentioned in paragraph (g).

[16] Regulation 9A

omit

[17] Regulation 9B

omit

Department of the Environment, Water, Heritage and the Arts

insert

Department of Sustainability, Environment, Water, Population and Communities

[18] Regulation 10

omit

[19] Regulation 11

omit

subsection 78 (2)

insert

section 78

[20] Subparagraph 13 (2) (a) (ii)

omit

Act;

insert

Act; or

[21] After subparagraph 13 (2) (a) (ii)

insert

(iii)Parts A, B, C and E in the Schedule to the Act; or

(iv)Parts A, B, C, D and E in the Schedule to the Act;

[22] Sub-subparagraph 13 (3) (a) (i) (B)

omit

Act; and

insert

Act; or

[23] After sub-subparagraph 13 (3) (a) (i) (B)

insert

(C)Parts A, B, C and E in the Schedule to the Act; or

(D)Parts A, B, C, D and E in the Schedule to the Act; and

Note

All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See