Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 21
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 21
Issued by the Authority of the Assistant Minister for Industrial Relations
Industrial Chemicals (Notification and Assessment) Act 1989
Industrial Chemicals (Notification and Assessment) Regulations (Amendment)
Section 111 of the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 87 is concerned in part with the issuing of search warrants in relation to offencerelated seizures and searches undertaken in monitoring compliance with the Act.
Subsection 87(2) provides that, where an information on oath is laid before a magistrate alleging that there are reasonable grounds for suspecting that there may be evidence of the commission of an offence against the Act, the magistrate may issue a search warrant in accordance with the prescribed form. The form is to authorise an inspector under the Act to exercise powers which are outlined in section 87 of the Act.
Subsection 87(3) provides that a magistrate is not to issue a warrant unless the informant or another person has provided, either orally or by affidavit, any further information which the magistrate requires concerning the grounds on which the warrant has been sought. The magistrate is to be satisfied that there are reasonable grounds for issuing the warrant.
Subsection 87(4) requires that the warrant state the purpose for which it is issued and the nature of the offence in relation to which an entry and search are authorised; the time at which the search is authorised; a description of the kinds of things which are to be seized and the day on which the warrant will cease to have effect.
Subsection 87(8) provides a range of offences, for the purposes of the Act.
A search warrant form has been prescribed, for the purposes of the Act.
Regulation 11A has been inserted into the Industrial Chemicals (Notification and Assessment) Regulations (the Regulations) to provide that, for the purposes of subsection 87(2) of the Act, the form of search warrant in Schedule 1A to the Regulations is prescribed.
Schedule 1A has been inserted as a schedule to the Regulations. Schedule 1A has the following features
• the search warrant is to be addressed to an inspector under the Act
• it is to be issued on the basis that
- an information an oath has been laid before the magistrate issuing the warrant alleging that there are sufficient grounds for suspecting that there may be, at the premises named in the warrant, evidence as to the commission of an offence against the Act
- the information set out the grounds
- the magistrate has been given any additional relevant information in relation to the issuing of the warrant; and that the magistrate is satisfied that there are reasonable grounds for issuing the warrant
• the search warrant authorises an inspector to enter premises (at a time specified in the warrant); to search for a thing or for kinds of things (which are to be detailed in the warrant) and to seize these things, if they are found on the premises
• the warrant is to specify a date, not later than one month after which it was issued, on which it ceases to have effect.
Overview
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 21 was enacted to amend the Industrial Chemicals (Notification and Assessment) Regulations 1989, which were made under the Industrial Chemicals (Notification and Assessment) Act 1989. The primary objective of the Act was to regulate the import, manufacture, and supply of industrial chemicals in Australia, ensuring they are assessed and managed to prevent harm to human health or the environment. The problem or gap the Act sought to address was the need for a comprehensive regulatory framework to control the potentially hazardous effects of industrial chemicals. The Amendment Regulations introduced in 1994 aimed to refine and enhance the existing regulatory mechanisms, particularly focusing on the procedures for issuing search warrants to ensure compliance with the Act. The enacting body was the Governor-General, acting under the authority granted by the Assistant Minister for Industrial Relations. The policy objective was to strengthen the enforcement capabilities of the Act by providing clearer guidelines and formalised procedures for obtaining and executing search warrants in cases suspected of non-compliance.
Scope and Application
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 21 applies to entities and individuals involved in the manufacture, import, or supply of industrial chemicals within Australia, and it operates under the authority of the Industrial Chemicals (Notification and Assessment) Act 1989. This legislation mandates that the Governor-General may make regulations for the purposes of the Act, which include provisions for the issuance of search warrants. Specifically, under Section 87 of the Act, a magistrate may issue a search warrant to an inspector if there are reasonable grounds to suspect the commission of an offence related to industrial chemicals. The warrant must specify the purpose, nature of the offence, time for entry and search, and the description of items to be seized, as well as the date on which the warrant expires. The warrant form prescribed in Schedule 1A of the Regulations must be followed, ensuring that it is issued based on information on oath and any additional relevant information provided to the magistrate. The warrant must be addressed to an inspector and authorises them to enter specified premises, search for, and seize particular items within the timeframe stipulated.
Key Provisions
The key operative sections of the Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 21EX pertain primarily to the process and authority for issuing search warrants under section 87 of the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act). Specifically, subsection 87(2) stipulates that a magistrate may issue a search warrant when an information on oath is presented, alleging reasonable grounds for suspecting evidence of an offence against the Act. This warrant authorises an inspector to enter premises, search for specified items, and seize them if found. To issue the warrant, the magistrate must be provided with any further information required to establish reasonable grounds for the warrant, either orally or by affidavit (subsection 87(3)). The warrant must detail the purpose, nature of the offence, the time of the search, a description of items to be seized, and the date on which the warrant expires (subsection 87(4)). Additionally, subsection 87(8) outlines specific offences pertinent to the Act, while Regulation 11A and Schedule 1A prescribe the form of the search warrant and its contents.
The Regulations impose several obligations and requirements on the parties they govern. Firstly, they mandate that any information on oath presented to a magistrate must allege sufficient grounds for suspecting the presence of evidence of an offence against the Act. Secondly, any additional information required by the magistrate to issue the warrant must be provided either orally or by affidavit. The warrant itself must be detailed, specifying the purpose of the search, the nature of the offence, the time and place of the search, the kinds of items to be seized, and the date the warrant ceases to be effective. Inspectors, who are the individuals authorised to execute the warrant, must adhere strictly to the terms and conditions outlined within the warrant, ensuring that the search is conducted within the specified timeframe and the seized items correspond to those listed in the warrant.
The Act and the Regulations also delineate offences and penalties for non-compliance. Subsection 87(8) of the Act lists specific offences related to the Act, which could include the unlawful possession or use of industrial chemicals, failure to notify or assess chemicals as required, or other related violations. The penalties for breaching these provisions can include both civil and criminal consequences, although the exact penalties are not specified in the Explanatory Statement. Generally, civil penalties might include fines or other monetary penalties, while criminal penalties could include imprisonment or fines, depending on the severity and nature of the offence. The maximum penalties would be determined by the relevant courts based on the specific circumstances of each case and the provisions of the Act.