Industrial Chemicals (Notification and Assessment) Amendment Act 2019

Administered by Department of Health, Disability and Ageing

Legislation au C2019A00014 In force Act

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Industrial Chemicals (Notification and Assessment) Amendment Act 2019

 

No. 14, 2019

 

 

 

 

 

An Act to amend the Industrial Chemicals (Notification and Assessment) Act 1989, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedules

Schedule 1—Amendments

Industrial Chemicals (Notification and Assessment) Act 1989

 

 

 

Industrial Chemicals (Notification and Assessment) Amendment Act 2019

No. 14, 2019

 

 

 

An Act to amend the Industrial Chemicals (Notification and Assessment) Act 1989, and for related purposes

[Assented to 12 March 2019]

The Parliament of Australia enacts:

1  Short title

  This Act is the Industrial Chemicals (Notification and Assessment) Amendment Act 2019.

2  Commencement

 (1) Each provision of this Act 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.  Sections 1 to 3 and anything in this Act not elsewhere covered by this table

The day this Act receives the Royal Assent.

12 March 2019

2.  Schedule 1

The latest of the following:

(a) 1 July 2017;

(b) the day this Act receives the Royal Assent;

(c) the day the Industrial Chemicals Act 2019 receives the Royal Assent;

(d) the day the Industrial Chemicals Charges (Customs) Act 2019 receives the Royal Assent;

(e) the day the Industrial Chemicals Charges (Excise) Act 2019 receives the Royal Assent;

(f) the day the Industrial Chemicals Charges (General) Act 2019 receives the Royal Assent.

However, the provisions do not commence at all if the events mentioned in paragraphs (c) to (f) do not occur.

3 April 2019

(paragraphs (d) to (f) apply)

Note: This table relates only to the provisions of this Act as originally enacted.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

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

3  Schedules

  Legislation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1—Amendments

 

Industrial Chemicals (Notification and Assessment) Act 1989

1  Subsection 5(1) (definition of new synthetic polymer)

Repeal the definition, substitute:

new synthetic polymer means:

 (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

 (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.

2  Subsection 5(1) (definition of polymer of low concern)

Repeal the definition, substitute:

polymer of low concern means a polymer that:

 (a) either:

 (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

 (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

 (b) has a low charge density, within the meaning prescribed by the regulations; and

 (c) is not a hazardous chemical; and

 (d) does not dissociate readily, within the meaning prescribed by the regulations; and

 (e) under the conditions in which it is used is stable, within the meaning prescribed by the regulations; and

 (f) has such other characteristics as are prescribed by the regulations.

3  At the end of subsection 21(6)

Add:

 ; (d) a new industrial chemical:

 (i) that is a polymer of low concern; and

 (ii) whose introduction meets any requirements, prescribed in regulations for the purposes of this subparagraph, relating to its introduction.

4  Subsection 21L(1) (note)

Repeal the note.

5  Section 40N

Repeal the section.

6  Section 80Q

Repeal the section.

7  Subsection 80QA(1)

Repeal the subsection, substitute:

 (1AA) This section applies in relation to a person who has paid an amount on account of the registration charge payable in relation to a registration year under any of the following:

 (a) subparagraph 80F(d)(i) or (ii);

 (b) subparagraph 80KA(1)(e)(i) or (ii);

 (c) subparagraph 80KB(2)(c)(i) or (ii).

 (1) The Director must, on the basis of any relevant information that is available to the Director, issue an assessment of registration charge payable by a person in relation to the registration year.

 (1A) The assessment must be in writing and set out the following:

 (a) if registration charge is payable by the person in relation to the year—the amount of charge so payable;

 (b) if registration charge is not payable by the person in relation to the year—a statement to that effect;

 (c) if registration charge is payable by the person in relation to the year but the person is entitled to be repaid the charge under subsection 80P(3)—the amount of the charge so payable and the amount of the repayment.

 (1B) If the Director is satisfied that further information is required to issue the assessment, he or she may, by written notice given to the person, require the person to:

 (a) provide the further information; and

 (b) do so within a period specified in the notice (which must be at least 28 days after the day the notice is given).

8  Paragraph 102(1)(b)

Omit “80Q(1),”.

9  Application—polymer of low concern

The amendment of the definition of polymer of low concern in subsection 5(1) of the Industrial Chemicals (Notification and Assessment) Act 1989 made by this Schedule applies in relation to industrial chemicals that are introduced on or after the day this item commences.

10  Savings—regulations

(1) This item applies to regulations if:

 (a) the regulations were made for the purposes of the definition of polymer of low concern in subsection 5(1) of the Industrial Chemicals (Notification and Assessment) Act 1989; and

 (b) the regulations were in force immediately before the day this item commences.

(2) On and after that day, the regulations continue in force, and may be dealt with, as if the regulations had been made under that definition as amended by this Schedule.

11  Application—assessment of registration charge by Director

The amendments of section 80QA of the Industrial Chemicals (Notification and Assessment) Act 1989 made by this Schedule apply in relation to an assessment issued on or after the day this item commences.

12  Application—review of decisions

Despite the amendments made by this Schedule, section 102 of the Industrial Chemicals (Notification and Assessment) Act 1989, as in force immediately before the day this item commences, continues to apply in relation to decisions made by the Director before that day for the purposes of subsection 80Q(1), as if those amendments had not been made.

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 1 June 2017

Senate on 18 October 2017]

 

(98/17)

 

Overview

The Industrial Chemicals (Notification and Assessment) Amendment Act 2019 was enacted by the Parliament of Australia to amend the Industrial Chemicals (Notification and Assessment) Act 1989, addressing gaps in the regulation of industrial chemicals. This amendment was introduced to ensure that the regulatory framework remains effective and relevant, particularly in response to the introduction of new synthetic polymers and the need for better management of chemicals of low concern. The Act received Royal Assent on 12 March 2019, and its provisions commenced on 3 April 2019, contingent on the enactment of related industrial chemicals legislation. The policy objective behind this amendment is to enhance the safety and environmental management of industrial chemicals by updating definitions and regulatory processes, thus ensuring a more robust and responsive chemical notification and assessment system.

Scope and Application

The Industrial Chemicals (Notification and Assessment) Amendment Act 2019 amends the Industrial Chemicals (Notification and Assessment) Act 1989 to update and refine the regulatory framework for industrial chemicals in Australia. The amended Act applies to all persons and entities involved in the introduction, manufacture, or use of industrial chemicals within Australia, including businesses, manufacturers, and suppliers. The scope of the legislation encompasses the notification, assessment, and control of industrial chemicals to ensure they are safe for use. The amendments include changes to definitions, such as the definition of "new synthetic polymer" and "polymer of low concern," and introduce new requirements for the introduction of certain polymers deemed to be of low concern. The geographic reach of the Act is national, applying across all states and territories of Australia. The Act does not explicitly state exclusions or thresholds but specifies that certain provisions apply to industrial chemicals introduced on or after the commencement date of the Act. The commencement of the Act is staggered, with certain sections coming into effect upon Royal Assent, while others are contingent on the Royal Assent of related Acts, with a default date of 3 April 2019 if those conditions are met. The Act allows for further refinement and specification through subordinate regulations, which can introduce additional requirements and exceptions as necessary.

Key Provisions

The Industrial Chemicals (Notification and Assessment) Amendment Act 2019 (Act) amends the Industrial Chemicals (Notification and Assessment) Act 1989 (1989 Act) to update and refine the regulation of industrial chemicals. The main sections of the Act modify definitions and requirements for chemical notification and assessment, particularly focusing on polymers. Section 1 of the Act defines the new synthetic polymer (subsection 5(1)) and polymer of low concern (subsection 5(1)), providing a more detailed and specific set of criteria to determine what constitutes these substances. This amendment is significant as it establishes clearer guidelines for chemical classification. Section 2 introduces a new category of industrial chemicals that are polymers of low concern and meet specific introduction requirements. This addition allows for a more nuanced approach to the regulation of certain polymers. Section 3 further refines the conditions under which the Director of the Department of Health must issue an assessment of registration charges (subsection 80QA(1AA)-(1B)), providing clarity on the process and requirements for such assessments. The Act imposes several obligations on parties governed by it. Firstly, it mandates that any new synthetic polymers and polymers of low concern must meet the specific criteria outlined in the amended definitions (subsection 5(1)). Secondly, it requires the Director to issue written assessments of registration charges, detailing the amount payable, any conditions for non-payment, or any entitlements to repayment (subsection 80QA(1A)-(1B)). Thirdly, it necessitates that parties provide any additional information requested by the Director within the specified timeframe to facilitate accurate assessments (subsection 80QA(1B)). The Act also sets out specific penalties and consequences for breaches. Although the Act itself does not explicitly state penalties, it operates within the broader framework of the 1989 Act, which includes provisions for enforcement and penalties. For instance, non-compliance with notification or assessment requirements can result in fines or other penalties as stipulated in the 1989 Act. Additionally, incorrect or misleading information provided to the Director can lead to further scrutiny, potential fines, and other enforcement actions. The consequences of failing to meet the obligations outlined in the Act can thus include financial penalties and legal action to ensure compliance with industrial chemical regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.