Legislation (Deferral of Sunsetting—Industrial Chemicals (Notification and Assessment) Regulations) Certificate 2018

Overview

The Legislation (Deferral of Sunsetting—Industrial Chemicals (Notification and Assessment) Regulations) Certificate 2018 is a legislative instrument enacted to address the sunsetting of the Industrial Chemicals (Notification and Assessment) Regulations 1990. This was necessitated by section 50 of the Legislation Act 2003, which mandated the regulations to sunset on 1 October 2018. The Certificate was issued under paragraph 51(1)(c) of the Legislation Act 2003, with the primary objective of deferring the sunsetting date of these regulations from 1 October 2018 to 1 October 2020, thus ensuring continued regulatory oversight over industrial chemicals in Australia during this period. The Certificate was registered on 29 August 2018 and came into effect on 30 August 2018. This legislative measure was designed to provide a temporary extension to allow for further assessment and review of the regulatory framework governing industrial chemicals.

Scope and Application

The Legislation (Deferral of Sunsetting—Industrial Chemicals (Notification and Assessment) Regulations) Certificate 2018 is an instrument made under the Legislation Act 2003, designed to defer the sunsetting of the Industrial Chemicals (Notification and Assessment) Regulations 1990. These regulations, initially set to sunset on 1 October 2018, have had their expiration postponed to 1 October 2020 by virtue of this certificate. The certificate itself will be repealed at the commencement of 2 October 2020, ensuring that the regulations will remain in force until their new sunset date. The deferral applies to all entities and individuals subject to the Industrial Chemicals (Notification and Assessment) Regulations 1990, including manufacturers, importers, and suppliers of industrial chemicals within Australia. The geographical scope of this legislation is national, applying across all states and territories of Australia. There are no specific exclusions or exemptions outlined within this certificate, meaning that all provisions of the original regulations continue to apply as modified by subsequent legislative amendments. The certificate does not create new substantive provisions but rather modifies the sunsetting date of the existing regulations, extending their operational lifespan. The deferral is limited to the specific regulations mentioned and does not extend to any other legislative instruments unless explicitly stated otherwise. The endnotes provide further detail on the legislative history, including the original sunsetting provision, the subsequent deferral, and the eventual repeal of this certificate. The amendment history outlines changes to the regulations, noting which provisions have been repealed or replaced. This certificate ensures that stakeholders have adequate time to adjust to any new regulatory requirements that may come into effect after the original sunset date.

Key Provisions

The Legislation (Deferral of Sunsetting—Industrial Chemicals (Notification and Assessment) Regulations) Certificate 2018 (the Certificate) is a legislative instrument made under section 51(1)(c) of the Legislation Act 2003 (section 3). The primary purpose of the Certificate is to defer the sunsetting of the Industrial Chemicals (Notification and Assessment) Regulations 1990, which was initially set for 1 October 2018 (section 6). The sunsetting of these regulations, as provided by section 50 of the Legislation Act 2003, has been postponed until 1 October 2020. This postponement was further adjusted by the Legislation (Deferral of Sunsetting—Industrial Chemicals (Notification and Assessment) Regulations) Amendment Certificate 2019, which shifted the sunsetting date from 1 October 2019 to 1 October 2020. The Certificate imposes specific obligations on entities governed by the Industrial Chemicals (Notification and Assessment) Regulations 1990. These entities are required to comply with the regulations until the new sunsetting date of 1 October 2020. The regulations mandate the notification and assessment processes for industrial chemicals, ensuring they meet safety and environmental standards before entering the market. Compliance with these regulations is critical for maintaining public and environmental health, and entities must adhere to the specified procedures for notifying and assessing chemicals. Failure to comply with the Industrial Chemicals (Notification and Assessment) Regulations 1990 can result in significant legal consequences. The original regulations included provisions for offences and penalties, which remain applicable until the sunsetting date. Offences under these regulations can lead to substantial fines and, in some cases, imprisonment. The specific penalties vary depending on the nature and severity of the breach but are designed to enforce compliance and deter non-compliance. Additionally, non-compliance can result in civil consequences, such as liability for damages arising from the use of non-compliant chemicals. The Certificate itself will be repealed at the start of 2 October 2020, aligning with the sunsetting of the Industrial Chemicals (Notification and Assessment) Regulations 1990 (section 7). This repeal ensures that the legislative framework is updated in accordance with the legislative sunsetting provisions, maintaining the integrity and relevance of the legal system governing industrial chemicals in Australia.