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Legislation (Deferral of Sunsetting—Industrial Chemicals (Notification and Assessment) Regulations) Certificate 2018

I, Christian Porter, Attorney‑General, make the following certificate.

Dated   24 August 2018

Christian Porter

Attorney‑General

Contents

1............ Name............................................................................................................................. 1

2............ Commencement............................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

5............ Statement of reasons for issue of certificate................................................................... 1

6............ Deferral of sunsetting of the Regulations...................................................................... 2

7............ Repeal of this instrument............................................................................................... 2

1  Name

This instrument is the Legislation (Deferral of Sunsetting—Industrial Chemicals (Notification and Assessment) Regulations) Certificate 2018.

2  Commencement

(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 day after this instrument is registered. 30 August 2018

Note:          This table relates only to the provisions of this instrument as originally made.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.

(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.

3  Authority

This instrument is made under paragraph 51(1)(c) of the Legislation Act 2003.

4  Definitions

In this instrument:

Legislation Act means the Legislation Act 2003.

Regulations means the Industrial Chemicals (Notification and Assessment) Regulations 1990.

5  Statement of reasons for issue of certificate

For the purposes of paragraph 51(2)(a) of the Legislation Act, this section sets out the statement of the reasons for the issue of this certificate.

Statement of reasons

I am satisfied that the Regulations would, apart from the operation of Part 4 of Chapter 3 of the Legislation Act, be likely to cease to be in force within 12 months after the sunsetting day for the Regulations.

The Regulations form part of a national system of notification and assessment of industrial chemicals for the protection of human health and the environment. The Government’s policy is to work towards implementing a more proportionate, risk‑based national regulatory scheme for industrial chemicals that reduces regulatory burden on industry, while maintaining Australia’s high standards for the protection of public health and environment.

Subject to passage through Parliament, it is anticipated that the reforms establishing a new regulatory scheme for industrial chemicals will come into effect on 1 July 2019. The current Regulations are enabled by the Industrial Chemicals (Notification and Assessment) Act 1989, which will be repealed on commencement of the new scheme.

The Regulations are due to sunset on 1 October 2018. A 12 month deferral of the sunsetting day for the Regulations will avoid the need to remake them in their current form for the short period before they cease to be in force.

6  Deferral of sunsetting of the Regulations

The Regulations, for which the sunsetting day is 1 October 2018, are taken to cease to be in force under section 51 of the Legislation Act on 1 October 2019.

7  Repeal of this instrument

This instrument is repealed at the start of 2 October 2019.

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