Industrial Chemicals (Notification and Assessment) Amendment Act 1992
No. 102 of 1992
An Act to amend the Industrial Chemicals (Notification and Assessment) Act 1989
[Assented to 30 June 1992]
The Parliament of Australia enacts:
Short title etc.
1.(1) This Act may be cited as the Industrial Chemicals (Notification and Assessment) Amendment Act 1992.
(2) In this Act, “Principal Act” means the Industrial Chemicals (Notification and Assessment) Act 19891.
Commencement
2.(1) Subject to this section, this Act commences on a day to be fixed by Proclamation.
(2) If this Act does not commence under subsection (1) within the period of 6 months beginning on the day on which it receives the Royal Assent, it commences on the first day after the end of that period.
Interpretation
3. Section 5 of the Principal Act is amended by inserting the following definitions:
“ ‘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;".
Introduction of new industrial chemicals
4. Section 21 of the Principal Act is amended by inserting before paragraph (2)(a) the following paragraph:
“(aa) a commercial evaluation permit; or”.
5. After section 21 of the Principal Act the following Division is inserted:
“Division 1A—Commercial Evaluation Permit System
Object of commercial evaluation permit system
“21A. 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.
Application for commercial evaluation permit
“21B. 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:
(a) in any case—the applicant;
(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.
Joint applications
“21C.(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.
Form of application etc.
[Form of application]
“21D.(1) The application must be in writing in the approved form and must be given to the Director.
[Material to accompany application]
“(2) The application must be accompanied by:
(a) in any case—a Material Safety Data Sheet in relation to 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(b) agreement]
“(3) An agreement mentioned in paragraph 21B(b):
(a) must be in writing in the approved form; and
(b) is irrevocable.
Restrictions on applications
[Maximum quantity—2,000 kilograms]
“21E.(1) The quantity specified in the application must not exceed 2,000 kilograms.
[Maximum period—2 years]
“(2) The period specified in the 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 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.
Director may require applicant etc. to give further information
“21F. The Director may refuse to consider the application unless:
(a) in any case—the applicant; or
(b) if a person agrees (whether jointly or otherwise) to be bound by the conditions of the permit—that person;
gives the Director such further information about the application as the Director requires.
Grant of commercial evaluation permit
“21G.(1) After considering the 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).
Refusal of application
[Excess quantity]
"21H.(1) If the quantity of the chemical which the applicant seeks to have covered by the permit exceeds 1,000 kilograms, the Director must refuse the application unless the applicant satisfies the Director that the excess quantity is reasonably required for the effective commercial evaluation of the chemical.
[Excess period]
“(2) If the period which the 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 the 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
(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.
[Notification of refusal of application]
“(4) If the Director refuses an application, the Director must give written notice of the refusal to the applicant.
Permits—publication in Chemical Gazette
“21J. If the Director grants a commercial evaluation permit, the Director must publish in the Chemical Gazette a notice setting out particulars of the permit.
Duration of commercial evaluation permit
“21K. 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.
Conditions of commercial evaluation permit
[Conditions of permit]
“21L.(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 who is or was the holder, or any of the holders, of a commercial evaluation permit must not, without reasonable excuse, contravene a condition of the permit.
Penalty: $30,000.
[“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.
Additional operation of section 21L
“21M.(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:
(a) by a foreign corporation, within the meaning of paragraph 51(xx) of the Constitution; or
(b) by a trading corporation formed within the limits of the Commonwealth, within the meaning of that paragraph; or
(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
(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:
(a) conduct engaged in by a foreign corporation, within the meaning of paragraph 51(xx) of the Constitution; or
(b) conduct engaged in by a trading corporation formed within the limits of the Commonwealth, within the meaning of that paragraph; or
(c) the supply of the chemical concerned 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
(d) the supply of the chemical concerned to, or to an authority or instrumentality of, the Commonwealth or a Territory.
Cancellation of commercial evaluation permit
“21N.(1) The Director may, by written notice given to the holder or holders of a commercial evaluation permit, cancel the permit if:
(a) the holder, or any of the holders, has contravened any of the conditions to which the permit is subject; or
(b) the holder, or any of the holders, has made a statement, or given information:
(i) in or in connection with the application for the permit; or
(ii) in accordance with a requirement under section 21F in relation to the permit; or
(iii) in accordance with a condition of a kind mentioned in subsection 21L(3) to which the permit was subject;
that was false or misleading in a material particular.
“(2) 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.
Exempt information
“21P.(1) An application for a commercial evaluation permit may include an application that certain information given in accordance with section 21D be treated as exempt information under section 75.
“(2) The giving of information about a chemical under section 21F, or in accordance with a condition of a kind mentioned in subsection 21L(3), may be accompanied by an application in the approved form that some or all of the information be treated as exempt information under section 75.”.
Application of Division
6. Section 47 of the Principal Act is amended by adding at the end "or those covered by a commercial evaluation permit".
Exempt information
7. Section 75 of the Principal Act is amended by inserting in subsection (1) “21P,” before “25,”
Applications for review
8. Section 102 of the Principal Act is amended by omitting from paragraph (1)(b) “or 19(8), section” and substituting “, 19(8) or 21H(1) or (2) or section 21L or”.
Fees
9. Section 110 of the Principal Act is amended:
(a) by inserting after paragraph (1)(c) the following paragraph:
“(ca) an application under section 21B for a commercial evaluation permit;”;
(b) by inserting in paragraph (1)(g) “21P," before “25,”.
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NOTE
1. No. 8, 1990. For previous amendments, see Nos. 62 and 122, 1991; and No. 7, 1992.
[Minister’s second reading speech made in—
Senate on 30 April 1992
House of Representatives on 24 June 1992]