Commonwealth Consolidated Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 - SECT 7

             (1)  In this Act, unless the contrary intention appears:

"industrial chemical" means a chemical that has an industrial use, whether or not it also has an excluded use.

             (2)  In this section:

"agricultural chemical" means a substance or mixture of substances that is a means of directly or indirectly:

                     (a)  destroying, stupefying, inhibiting, attracting or repelling a pest in relation to a plant, a place or a thing; or

                     (b)  destroying a plant; or

                     (c)  modifying the physiology of a plant so as to alter its natural development, productivity or reproductive capacity; or

                     (d)  modifying the effect of another agricultural chemical product;

but does not include:

                     (e)  a veterinary chemical product; or

                      (f)  a substance or mixture of substances of a kind that is declared by regulations made under the Agricultural and Veterinary Chemicals Code Act 1994 not to be an agricultural chemical product for the purposes of that Act.

"excluded use" , in relation to a chemical, means:

                     (a)  use as an agricultural chemical or a constituent of an agricultural chemical; or

                     (b)  use as a veterinary chemical or a constituent of a veterinary chemical; or

                     (c)  therapeutic use or use as an ingredient or component in the preparation or manufacture of goods for therapeutic use; or

                     (d)  use as food intended for consumption by humans or animals or a constituent of such food; or

                     (e)  use as a food additive in food referred to in paragraph (d).

"food additive" means a chemical whose inclusion in food as a food additive is permitted under the Australia New Zealand Food Standards Code (as defined for the purposes of the Food Standards Australia New Zealand Act 1991 ).

"industrial use" , in relation to a chemical, means a use other than an excluded use.

"therapeutic use" means use in, or in connection with:

                     (a)  preventing, diagnosing, curing or alleviating diseases, ailments, defects or injuries in humans; or

                     (b)  influencing, inhibiting or modifying physiological processes in humans; or

                     (c)  testing the susceptibility of humans to diseases or ailments;

and, without limiting this, includes use in, or in connection with, testing for pregnancy, contraception, prosthetics or orthotics.

"veterinary chemical product" means a substance or mixture of substances that is:

                     (a)  a means of directly or indirectly:

                              (i)  preventing, diagnosing, curing or alleviating a disease or condition in an animal or an infestation of an animal by a pest in relation to that animal; or

                             (ii)  curing or alleviating an injury suffered by an animal; or

                            (iii)  modifying the physiology of an animal:

                                        (A)  so as to alter its natural development, productivity or reproductive capacity; or

                                        (B)  so as to make it more manageable; or

                     (b)  prepared by a pharmacist or veterinary surgeon, in the course of the practice of his or her profession, to deal with a particular condition of a particular animal in a particular instance;

but does not include a substance or mixture of substances of a kind that is declared by regulations made under the Agricultural and Veterinary Chemicals Code Act 1994 not to be a veterinary chemical product for the purposes of that Act.