Industrial Chemicals (Notification and Assessment) Regulations Amendment 1991 No. 165
EXPLANATORY STATEMENT
Statutory Rules 1991 No. 165
Industrial Chemicals (Notification and Assessment) Regulations Amendment
(Issued by the Authority of the Minister for Industrial Relations)
Paragraph 111(b) of the Industrial Chemicals (Notification and Assessment) Act 1989 ("the Act") provides that the GovernorGeneral may make regulations for the purposes of the Act.
Regulations 2, 3, 4 and 5 correct drafting errors contained in regulations 6, 10, 11 and 12 of the Industrial Chemicals (Notification and Assessment) Regulations. The regulations are intended to provide for the inspection of particular documents at the Worksafe Library during inspection times.
The Industrial Chemicals (Notification and Assessment) Regulations were amended by Statutory Rules No. 440 of 1990. The purpose of the amendments to regulations 6, 10, 11 and 12 was to change the address of the Library in those regulations. This was intended to be achieved by defining the terms "Library" and "inspection times" in regulation 2 (instead of in each individual regulation) and amending regulations 6, 10, 11 and 12 accordingly.
Drafting errors meant that the amending regulations did not have the intended effect. The amending regulations required that the words "at the Library at inspection times" be inserted after the word "public" in each regulation. Fulfilling this requirement renders the regulations 6 and 12 incomprehensible because the word "public" appears only in the phrase "public holiday". The word "public" appears twice in regulations 10 and 11.
Regulations 2, 3, 4 and 5 correct these errors by omitting regulations 6, 10, 11 and 12 and replacing them with correctly worded regulations. The address of the Worksafe Library and a definition of "inspection times" remains in regulation 2.
Overview
The Industrial Chemicals (Notification and Assessment) Regulations Amendment 1991 No. 165 was enacted to correct drafting errors identified in previous regulations under the Industrial Chemicals (Notification and Assessment) Act 1989. This legislation was introduced to address the need for accurate regulatory wording to ensure clarity and proper implementation of the requirements for the inspection of certain documents at the Worksafe Library during specified inspection times. The regulations were issued by the Authority of the Minister for Industrial Relations and the policy objective was to rectify errors in the original amendments that inadvertently caused confusion and impracticality in the regulations' wording.
The amendments aim to achieve a clear and functional regulatory framework by replacing the erroneous regulations with correctly worded provisions, while maintaining the intended definitions and address for the Worksafe Library. This ensures that the regulations accurately reflect the original intent of allowing inspections during specified times, without creating misunderstandings or operational difficulties.
Scope and Application
The Industrial Chemicals (Notification and Assessment) Regulations Amendment 1991 No. 165 addresses and rectifies drafting errors found in the Industrial Chemicals (Notification and Assessment) Regulations, ensuring the provisions align with the intent of the Act. This amendment applies to the entities involved in the notification and assessment of industrial chemicals, specifically targeting the procedures and processes for inspecting documents related to these chemicals at the Worksafe Library during specified inspection times. The correction of the drafting errors is critical to maintaining the clarity and enforceability of the regulations, ensuring that the amended regulations properly reflect the intended changes, particularly regarding the address of the Library and the definition of "inspection times." The amendment applies nationally across Australia, impacting all relevant entities and individuals within the industrial chemicals sector.
The scope of these regulations includes any entity or person involved in the notification or assessment of industrial chemicals, ensuring they comply with the updated provisions for document inspection. By amending regulations 6, 10, 11, and 12, the changes ensure that the regulations are both comprehensible and enforceable. There are no stated exclusions or exemptions in these amendments, and they extend the application of the Act by ensuring that the regulatory framework is correctly and effectively implemented. The changes are made through subordinate instruments, aligning the regulations with the original intent of the Industrial Chemicals (Notification and Assessment) Act 1989.
Key Provisions
The Industrial Chemicals (Notification and Assessment) Regulations Amendment 1991 No. 165 seeks to correct specific drafting errors found in previous regulations. Specifically, Regulations 2, 3, 4, and 5 replace the erroneous regulations 6, 10, 11, and 12. The main operative sections of the amendment involve the correction of these regulations to ensure they accurately reflect the intended purpose. Regulation 2 now clearly defines "Library" and "inspection times," while Regulations 3, 4, and 5 provide the corrected text for the inspection of documents at the Worksafe Library during specified inspection times.
The obligations and requirements imposed by these regulations primarily pertain to the inspection of documents related to industrial chemicals. As per the corrected regulations, the Worksafe Library is the designated location for such inspections, which must occur during the defined inspection times. This ensures that the public and relevant stakeholders have access to necessary information about industrial chemicals during the stipulated hours, thereby promoting transparency and compliance with the Act. Additionally, these regulations mandate that the correct address of the Worksafe Library be used, facilitating easier access and compliance.
The Act and subsequent amendments do not explicitly outline offences, penalties, or civil/criminal consequences for non-compliance with these specific regulations. However, the overarching Industrial Chemicals (Notification and Assessment) Act 1989 does provide a framework for enforcement. Non-compliance with the Act could potentially result in penalties, including fines and other civil or criminal sanctions as prescribed by the broader legislation. The specific consequences for failing to adhere to the corrected regulations would be guided by the general provisions of the Act, which may include administrative penalties or legal actions for significant breaches.