Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) In this Act, unless the contrary intention appears:
"ADG Code" means the Australian Code for the Transport of Dangerous Goods by Road and Rail published by the Federal Office of Road Safety of the Department of Transport and Regional Development as in force from time to time.
"approved" means approved by the Director.
"approved foreign scheme" means a notification and assessment scheme approved by the Minister under section 43.
"assessment certificate" means a certificate given under section 39.
"assessment information" , in relation to an industrial chemical, means information about a matter of which account would be taken in the assessment of the chemical, being a matter specified in paragraph 32(2)(a), (b), (c), (d), (e) or (f).
"assessment report" means a report under section 31, 57, 68 or 68A.
"Australia" , when used in a geographical sense, includes the external Territories.
"basic information" , in relation to a chemical, means all the following information:
(a) the name or names by which the chemical is known to the public or is intended by its importer or manufacturer to be so known;
(b) the chemical's general uses;
(c) the precautions and restrictions to be observed in the manufacture, handling, storage, use and disposal of the chemical;
(d) recommendations arising from the assessment of the chemical under this Act that relate to disposing of the chemical and rendering it harmless;
(e) the procedures to be followed in the event of an emergency involving the chemical;
(f) prescribed physical and chemical data about the chemical, not being data that would reveal the chemical's composition;
(g) prescribed data relating to the health effects or the environmental effects of the chemical.
(a) a polymer directly produced by living or once‑living cells or cellular components; or
(b) a synthetic equivalent of a polymer referred to in paragraph (a); or
(c) a derivative or modification of a polymer referred to in paragraph (a) in which the original polymer remains substantially intact.
"chargeable person" , in relation to a registration year, means:
(a) a person who proposes to introduce relevant industrial chemicals in that registration year of a value that equals or exceeds the threshold value if that person:
(i) did not introduce relevant industrial chemicals in the previous financial year; or
(ii) introduced relevant industrial chemicals in the previous financial year of a value less than the threshold value; or
(b) a person who proposes to introduce relevant industrial chemicals in that registration year of any value if that person introduced relevant industrial chemicals in the previous financial year of a value that equalled or exceeded the threshold value.
"chemical" has the meaning given in section 6.
"Chemical Gazette means an issue of the Gazette" published:
(a) unless the regulations prescribe days for the purposes of this definition--on the first Tuesday in any month; or
(b) where the regulations prescribe days for those purposes--on any of the prescribed days.
"chemical name" , in relation to a chemical, means:
(a) in the case of a pure chemical--the Chemical Abstracts preferred Index Name, or, if such a name is not available, the name used, or to be used, by the International Union for Pure and Applied Chemistry; or
(b) in any other case--a complete description of the chemical;
including, in the case of a biopolymer, a description of the biological source of the biopolymer.
"commercial" includes financial.
"commercial evaluation" , in relation to an industrial chemical, means testing the chemical with a view to ascertaining its potential for commercial application.
"commercial evaluation permit" means a permit under section 21G.
"confidential section" means the section of the Inventory referred to in subsections 12(4) and (4A).
"controlled use permit" means a permit under section 22F.
(a) a substance or preparation intended for placement in contact with any external part of the human body, including:
(i) the mucous membranes of the oral cavity; and
(ii) the teeth;
with a view to:
(iii) altering the odours of the body; or
(iv) changing its appearance; or
(v) cleansing it; or
(vi) maintaining it in good condition; or
(vii) perfuming it; or
(viii) protecting it; or
(b) a substance or preparation prescribed by regulations made for the purposes of this paragraph;
but does not include:
(c) a therapeutic good within the meaning of the Therapeutic Goods Act 1989 ; or
(d) a substance or preparation prescribed by regulations made for the purposes of this paragraph.
Note: An ingredient or component of a cosmetic could be an industrial chemical.
"dangerous good" has the meaning given by the ADG Code.
"Department" means an Agency within the meaning of the Public Service Act 1999 .
"development" does not include tests that relate solely to the commercial evaluation of a product or process.
"Director" means the Director, National Industrial Chemicals Notification and Assessment Scheme, appointed under section 90.
"disposal" , in relation to a chemical or cosmetic, includes disposal of waste resulting from the manufacture or use of the chemical or cosmetic.
"eligible chemical" means an industrial chemical that was eligible to be submitted for inclusion in the Inventory at a time during the period that began on 1 December 1977 and ended on 16 July 1990.
"environment" includes all aspects of the surroundings of humans, whether affecting them as individuals or in social groupings.
"Environment Department" means the Department of the Arts, Sport, the Environment, Tourism and Territories.
"environmental effect" , in relation to an industrial chemical, means the effect on the environment of the importation, manufacture, handling, storage, use or disposal of the chemical.
"excluded use" has the meaning given by subsection 7(2).
"exempt information" means information about which the Director has given a notification under section 75, and includes information for which an application for treatment as exempt information has been made under this Act but not finalised.
"existing chemical" means an industrial chemical other than a new industrial chemical.
"export" , in relation to an industrial chemical, means do an act that constitutes exportation of the chemical for the purposes of the Customs Act 1901 , or would constitute such exportation if that Act extended to the external Territories.
"factory cost" , in relation to the industrial chemicals manufactured by a person, means the total of:
(a) the cost of labour involved in the manufacture; and
(b) the cost of materials involved in the manufacture other than the cost of any relevant industrial chemical:
(i) that is used as an ingredient in the manufacturing; and
(ii) in respect of which an amount of registration charge has been paid; and
(c) the factory overhead expenses;
incurred by the person in respect of the manufacture of the first-mentioned chemicals.
"full public report" means a report prepared under section 34 with any variations of it made under subsection 37(2) or 40(5).
"Gene Technology Regulator" has the same meaning as in the Gene Technology Act 2000 .
"GM product" has the same meaning as in the Gene Technology Act 2000 .
"handling" , in relation to a chemical or cosmetic, includes transporting the chemical or cosmetic.
"hazardous chemical" has the meaning prescribed by the regulations.
"health effect" , in relation to an industrial chemical, means the effect on occupational health and safety or on public health of the importation, manufacture, handling, storage, use or disposal, of the chemical.
"holder" , in relation to a permit or an assessment certificate, means a person in respect of whom the permit or certificate is issued.
"holder of a confidence" , in relation to an industrial chemical, means a person who under section 17 is to be treated as the holder of a confidence about the chemical.
"import" , in relation to an industrial chemical or a cosmetic, means do an act which constitutes importation of the chemical or cosmetic for the purposes of the Customs Act 1901 , or would constitute such importation if that Act extended to the external Territories.
"importer" , in relation to an industrial chemical, means a person who imports or proposes to import the chemical.
"incidentally-produced chemical" means a chemical that is produced as a result of:
(a) the exposure of another chemical to light, heat or other environmental conditions in the course of handling or storage; or
(b) the occurrence of a chemical reaction during the manufacture or use of another chemical;
but does not include a chemical whose production has commercial value for a person manufacturing, handling, storing or using that other chemical.
"industrial chemical" has the meaning given in section 7.
"information" , in relation to an industrial chemical, includes:
(a) information about the result of a test relating to the chemical; and
(b) other information about such a test.
(a) a person appointed as an inspector under subsection 84(1); or
(b) an officer of the Public Service of a State or Territory to whom an arrangement referred to in subsection 84(2) applies.
"introduction" , in relation to an industrial chemical, means the importation, or manufacture in Australia, of the chemical.
"introduction permit" means a permit under section 30 or 30A.
"Inventory" means the Australian Inventory of Chemical Substances referred to in section 11.
"listed industrial chemical" means an industrial chemical whose particulars are included in the Inventory.
"low volume chemical" means an industrial chemical in respect of which a low volume permit is in force.
"low volume permit" means a permit under subsection 21U(2) or (2A).
"manufacturer" , in relation to an industrial chemical, means a person who manufactures or proposes to manufacture the chemical in Australia.
"Material Safety Data Sheet" , in relation to a chemical or to a product or substance containing a chemical, means a written statement that:
(a) identifies the chemical; and
(b) specifies the health hazards that could be caused by the chemical; and
(c) specifies the manner of handling the chemical, product or substance in a way that minimises hazards; and
(d) specifies the procedures to be adopted in the event of any emergency involving the chemical, product or substance; and
(e) contains information about the chemical and physical properties of the chemical, not being exempt matter or matter referred to in subsection 46(2); and
(f) contains prescribed information;
being, if there are in force guidelines approved by the Minister by notice in the Chemical Gazette for the purposes of this definition, a statement prepared in accordance with those guidelines.
"modifications" includes additions, substitutions and omissions.
"monomer" means a chemical the molecules of which are capable of forming covalent bonds with 2 or more like or unlike molecules under the conditions of the relevant polymer-forming reactions used for a particular process of polymer formation.
"naturally-occurring chemical" means:
(a) an unprocessed chemical occurring in a natural environment; or
(b) a chemical occurring in a natural environment, being a substance that is extracted by:
(i) manual, mechanical or gravitational means; or
(ii) dissolution in water; or
(iii) flotation; or
(iv) a process of heating for the sole purpose of removing uncombined water;
without chemical change in the substance.
"new industrial chemical" means:
(a) either:
(i) if the chemical is a listed industrial chemical whose introduction is subject to a condition of use under section 13--the chemical but only to the extent that the manufacturer or importer of the chemical introduces, or proposes to introduce, the chemical for any other use; or
(ii) otherwise--an industrial chemical that is not a listed industrial chemical; and
(b) in the case of a synthetic polymer--a chemical that is a new synthetic polymer;
but does not include the following:
(c) a reaction intermediate;
(d) an incidentally‑produced chemical.
"new synthetic polymer" means:
(a) a synthetic polymer that includes a combination of monomers and other reactive components each representing at least 2% by weight, being a combination not listed in the Inventory; or
(b) a synthetic polymer of whose weight at least 2% is attributable to a monomer or other reactive component that is not listed in the Inventory as a component of a synthetic polymer.
"non-confidential section" means the section of the Inventory referred to in subsection 12(3).
"non-hazardous chemical" has the meaning given by subsection (2).
"notification law" , in relation to a State or Territory, means a law of the State or Territory under which a statement of matters about new industrial chemicals manufactured there are given to an authority of the State or Territory.
"notification statement" means a statement referred to in subsection 23(3).
"occupier" , in relation to a vehicle, vessel or aeroplane, means the person in charge of it.
"officer" means a person who is, or has been:
(a) the Director; or
(b) assisting the Director; or
(c) an inspector.
(a) a commercial evaluation permit; or
(b) a low volume permit; or
(c) a controlled use permit; or
(d) an introduction permit.
"polymer" means a chemical:
(a) consisting of molecules that are:
(i) characterised by the sequence of one or more types of monomer units; and
(ii) distributed over a range of molecular weights whose differences in the molecular weight are primarily attributable to differences in the number of monomer units; and
(b) comprising a simple weight majority of molecules containing at least 3 monomer units which are covalently bound to at least one other monomer unit or other reactant; and
(c) comprising less than a simple weight majority of molecules of the same molecular weight.
"polymer of low concern" means a polymer that:
(a) either:
(i) has a number average molecular weight, as defined by the regulations, that is greater than 1,000; or
(ii) has a number average molecular weight, as defined by the regulations, that is less than or equal to 1,000, and has such other characteristics as are prescribed by the regulations; and
(b) has a low charge density, as so defined; and
(c) is not a hazardous chemical; and
(d) does not dissociate readily, as so defined; and
(e) under the conditions in which it is used is stable, as so defined; and
(f) has such other characteristics as are prescribed by the regulations.
(a) a structure, building, aircraft, vehicle or vessel; and
(b) a place (whether enclosed or built upon or not); and
(c) a part of premises (including premises of a kind referred to in paragraph (a) or (b)).
"prescribed reactant" , in relation to a polyester, means a substance listed in the regulations as a prescribed reactant.
"previous financial year" , in relation to a particular registration year, means the financial year ending on the last 30 June before the start of that registration year.
"priority existing chemical" means an industrial chemical in respect of which a declaration under section 51 is in force.
"reaction intermediate" means a substance that:
(a) is produced in the course of a chemical reaction; and
(b) has a transient existence; and
(c) does not become a major component of the reaction mixture; and
(d) is not removed from the reaction system.
"Register" means the Register established under section 80C.
"registration charge" means a charge imposed on the registration of a chargeable person:
(a) so far as it is a duty of customs--by the Industrial Chemicals (Registration Charge--Customs) Act 1997 ; and
(b) so far as it is a duty of excise--by the Industrial Chemicals (Registration Charge--Excise) Act 1997 ; and
(c) so far as it is neither a duty of customs nor a duty of excise--by the Industrial Chemicals (Registration Charge--General) Act 1997 .
"registration year" means a period of 12 months beginning on 1 September 1997 or 1 September of any subsequent year.
"relevant industrial chemical" has the meaning given by section 7A.
"research" does not include research for the purpose of determining market acceptance or consumer preferences.
"secondary notification" means notification required by section 65.
"Secretary" means an Agency Head within the meaning of the Public Service Act 1999 .
"self-assessed assessment certificate " means an assessment certificate given under subsection 39(1A).
"sequence" , in relation to a polymer molecule, means a continuous string of monomer units within the molecule that are covalently bound to one another and are uninterrupted by units other than monomer units.
"summary report" means a report prepared under section 35 with any variations of it made under subsection 37(2) or 40(7).
"supplementary information statement" means the statement described in paragraph 40A(5)(a).
"synthetic polymer" means any polymer other than a biopolymer.
"threshold value" , in relation to relevant industrial chemicals introduced by a person, means $500,000.
"trade name product" means a chemical included in the section of the Inventory known as Section VIII--AICS Trade Names Annex.
"Tribunal" means the Administrative Appeals Tribunal.
"use" includes proposed use.
"value of relevant industrial chemicals imported" , in relation to a particular person and a particular period (whether a financial year or a registration year), is the amount worked out in accordance with subsection 7A(2) in respect of that person and that period.
"value of relevant industrial chemicals introduced" , in relation to a particular person and a particular period (whether a financial year or a registration year), means the sum of:
(a) the value (if any) of the relevant industrial chemicals imported by that person during that period; and
(b) the value (if any) of the relevant industrial chemicals manufactured by that person during that period.
"value of relevant industrial chemicals manufactured" , in relation to a particular person and a particular period (whether a financial year or a registration year), is the factory cost of manufacturing the industrial chemicals by the person during that period.
(2) In this Act:
"non-hazardous chemical" means a chemical in respect of which the following conditions are met:
(a) the chemical is not a hazardous chemical;
(b) the chemical is not a dangerous good;
(c) the prescribed criteria relating to the environmental effect of the chemical have been met;
(d) any other prescribed conditions have been met;
(e) the introduction of the chemical is consistent with the reasonable protection of occupational health and safety, public health and the environment.
(3) The Director must take account of the following matters in deciding whether he or she is satisfied that the condition referred to in paragraph (e) of the definition of non‑hazardous chemical is met:
(a) the proposed nature of the use of the chemical;
(b) the extent of the proposed use of the chemical;
(c) the effect of the chemical on the environment;
(d) the effect of the chemical on occupational health and safety and public health;
(e) the structure and activity of the chemical;
(f) whether, in Australia or overseas, the chemical is the subject of:
(i) investigations initiated by a person because of concerns about a possible adverse effect on occupational health and safety, public health or the environment; or
(ii) action taken by a person to control the use of, or access to, the chemical;
(g) any other prescribed matter.
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