Commonwealth Numbered Acts

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) ACT 1989 No. 8 of 1990 - SECT 7

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 the
        regulations not to be an agricultural chemical product for the
        purposes of the Agricultural and Veterinary Chemicals Act 1988;

"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 any chemical whose deliberate addition to food is
approved by the National Health and Medical Research Council;

"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 the
        regulations not to be a veterinary chemical product for the purposes
        of the Agricultural and Veterinary Chemicals Act 1988.