Industrial Chemicals (Notification and Assessment) Regulations (Amendment)

Overview

The Industrial Chemicals (Notification and Assessment) Regulations Amendment, enacted in 1990, was introduced to make various amendments to existing regulations under the Industrial Chemicals (Notification and Assessment) Act 1989. This Act, enacted by the Parliament of Australia, aims to regulate the notification and assessment of industrial chemicals to ensure they are safe for use in the workplace. The amendment was necessary to correct inaccuracies and update information to ensure compliance with the Act's requirements. This amendment was issued under the authority of the Minister for Industrial Relations and seeks to streamline and clarify the regulations, ensuring that the Australian Inventory of Chemical Substances is maintained accurately and that relevant forms and addresses are up-to-date. By doing so, it aims to enhance the safety and regulatory framework for the handling and use of industrial chemicals in Australia.

Scope and Application

The Industrial Chemicals (Notification and Assessment) Regulations Amendment (Statutory Rules 1990 No. 440) pertains to the regulation of industrial chemicals in Australia, operating under the authority of the Minister for Industrial Relations. This legislation amends the existing Industrial Chemicals (Notification and Assessment) Regulations 1990 to reflect changes such as the updated address of the Worksafe Library and to correct inaccuracies in the prescribed form of the Australian Inventory of Chemical Substances. The amendment applies to entities involved in the notification, assessment, and importation of industrial chemicals, ensuring compliance with the Industrial Chemicals (Notification and Assessment) Act 1989. The scope of this legislation extends nationally, affecting various industries that utilise or manufacture industrial chemicals. It includes specific requirements for importers to attach a statement relating to chemicals to documents required under the Customs Act 1901, thereby enhancing the regulatory framework for chemical safety and notification in Australia. This amendment does not introduce any new exclusions or thresholds but ensures the accuracy and relevance of the regulatory framework in line with the overarching objectives of the Act.

Key Provisions

The main operative sections of the Industrial Chemicals (Notification and Assessment) Regulations Amendment (Statutory Rules 1990 No. 440) include Regulation 2, which defines key terms such as "library" and "inspection times" (Reg 2). Regulation 5 corrects inaccuracies in the form prescribed for the Australian Inventory of Chemical Substances as stipulated in the Industrial Chemicals (Notification and Assessment) Act 1989 (Reg 5). Furthermore, Regulations 4, 7, 8, and 9 update references to the Worksafe Library’s address following its change on 16 December 1990 (Regs 4, 7, 8, 9). Regulation 6 introduces a new regulation, 7A, that mandates importers of chemicals to include a statement with their customs documentation under the Customs Act 1901 (Reg 6). These regulations impose specific obligations on parties involved with industrial chemicals, particularly importers and entities maintaining the Australian Inventory of Chemical Substances. Importers must now attach a statement with their customs documentation that includes information relating to the chemical (Reg 7A). Furthermore, the new definitions and updated address details ensure that the inventory and library services are accurately referenced, facilitating compliance and information accessibility (Regs 2, 4, 7, 8, 9). The correct form for the inventory must also be adhered to as prescribed (Reg 5). Breach of these regulations can result in various consequences. While the specific penalties are not detailed in the explanatory statement, the Industrial Chemicals (Notification and Assessment) Act 1989 typically outlines potential civil and criminal penalties for non-compliance. These may include fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as any relevant case law and the discretion of the court. The primary aim of these regulations is to ensure the safe and accurate management of industrial chemicals, thereby protecting public health and the environment.