Industrial Chemicals Act 2019 (Cth)

Industrial Chemicals Act 2019

No. 12, 2019

Compilation No. 6

Compilation date: 14 October 2024

Includes amendments: Act No. 39, 2024

About this compilation

This compilation

This is a compilation of the Industrial Chemicals Act 2019 that shows the text of the law as amended and in force on 14 October 2024 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Act binds the Crown 4 Alternative constitutional basis for this Act 5 Extension to external Territories 6 Relationship to other laws 7 Objects of this Act 8 Simplified outline of this Act 9 Definitions 10 Definition of industrial chemical 11 Application of this Act to excluded introductions Part 2—Registration of industrial chemical introducers Division 1—Simplified outline of this Part 12 Simplified outline of this Part Division 2—Registration 13 Introducers must be registered 14 Establishment of Register 15 Content of Register 16 Applying for registration 17 Grant of registration 18 Correction of register 19 Cancellation of registration Division 3—Registration charge 20 Registration charge 21 Amount of registration charge 22 Other matters relating to registration charge Part 3—Categorisation and assessment of industrial chemicals Division 1—Simplified outline of this Part 23 Simplified outline of this Part Division 2—Introduction categories 24 Introductions must be authorised 25 Listed introductions 26 Exempted introductions 27 Reported introductions 28 Assessed introductions 29 Commercial evaluation introductions 30 Exceptional circumstances introductions Division 3—Assessment certificates Subdivision A—Obtaining a certificate 31 Applying for a certificate 32 Executive Director must consider application 33 Executive Director may request further information 34 Consultation with prescribed bodies 35 Consultation with Gene Technology Regulator 36 Submissions on draft assessment statement 37 Issue of certificate and assessment statement 38 Content of certificate 39 When certificate is in force Subdivision B—Changes to certificate holders or persons covered by a certificate 40 Applying to change persons covered 41 Applying to change certificate holders 42 Changing certificate holders on Executive Director's initiative Subdivision C—Varying the terms of an assessment certificate 43 Applying for a variation of the terms of an assessment certificate 44 Executive Director must consider application 45 Executive Director may request further information 46 Consultation with prescribed bodies 47 Consultation with Gene Technology Regulator 48 Submissions on draft assessment statement 49 Issue of varied assessment certificate and assessment statement 50 Variations on Executive Director's initiative Subdivision D—Cancelling an assessment certificate 51 Applying to cancel a certificate 52 Cancelling on Executive Director's initiative Division 4—Commercial evaluation authorisations Subdivision A—Obtaining an authorisation 53 Applying for an authorisation 54 Executive Director must consider application 55 Executive Director may request further information 56 Consultation with prescribed bodies 57 Consultation with Gene Technology Regulator 58 Issue of authorisation 59 Content of authorisation Subdivision B—Changing authorisation holders 60 Applying to change authorisation holders 61 Changing authorisation holders on Executive Director's initiative Subdivision C—Varying the terms of an authorisation 62 Applying for a variation of the terms of an authorisation 63 Issue of varied authorisation 64 Variations on Executive Director's initiative Subdivision D—Cancelling an authorisation 65 Applying to cancel an authorisation 66 Cancelling on Executive Director's initiative Division 5—Exceptional circumstances authorisations 67 Exceptional circumstances authorisations Part 4—Evaluations initiated by Executive Director Division 1—Simplified outline of this Part 68 Simplified outline of this Part Division 2—Evaluations of introductions authorised by an assessment certificate 69 Executive Director may initiate evaluation 70 Executive Director may require information 71 Consultation with prescribed bodies 72 Submissions on draft evaluation statement 73 Issue of evaluation statement Division 3—Evaluations of other introductions or matters 74 Executive Director may initiate evaluation 75 Consultation to inform evaluation 76 Executive Director may require information 77 Person must comply with requirement to provide information 78 Issue of evaluation statement Part 5—Australian Inventory of Industrial Chemicals Division 1—Simplified outline of this Part 79 Simplified outline of this Part Division 2—Establishment and contents of Inventory 80 Establishment of the Inventory 81 Contents of the Inventory Division 3—Inclusion of industrial chemicals on Inventory 82 Listing on Inventory after 5 years 83 Listing on Inventory before 5 years 84 Listing on Inventory in other circumstances Division 4—Varying the Inventory Subdivision A—Variation on Executive Director's initiative and variation relating to subsequent assessment certificates 85 Minor variations 86 Variations following an evaluation by the Executive Director 87 Variations relating to subsequent assessment certificates Subdivision B—Variation on application 88 Applying for variation of listing 89 Executive Director must consider application 90 Executive Director may request further information 91 Consultation with prescribed bodies 92 Consultation with Gene Technology Regulator 93 Decision on application Subdivision C—Variation following revocation of confidential business information approval 94 Variation following revocation of confidential business information approval Subdivision D—Removing listed industrial chemicals 95 Removing listed industrial chemicals Part 6—Information, reporting and confidentiality Division 1—Simplified outline of this Part 96 Simplified outline of this Part Division 2—Reporting 96A Post‑introduction declarations for exempted introductions 97 Pre‑introduction reports for reported introductions 98 Varying the terms of a pre‑introduction report 99 Annual declaration for all introduction categories 100 Obligation to report information about hazards 101 Specific obligations to provide information Division 3—Record keeping and information gathering 102 Information required to demonstrate categorisation 103 Ban on animal test data for determining category for cosmetics 104 Record keeping for all categories Division 4—Confidentiality and disclosure Subdivision A—Confidentiality of proper name or end use in certain circumstances 105 Applying for protection 106 Executive Director may request further information 107 Consultation with prescribed bodies 108 Decision on application 109 When an AACN or generalised end use must be used 110 Notice of review of protection 111 Applying for continued protection Subdivision B—Confidentiality of information in other circumstances 112 Providing notice of intention to apply for protection 113 Notice of intention to publish information must be given 113A Executive Director may request further information 114 Decision on application Subdivision C—Disclosure of information 115 Disclosing information 116 Disclosure in the course of exercising powers, or performing functions or duties 117 Disclosure to certain other entities 118 Disclosure with consent 119 Disclosure of publicly available information 120 Disclosure to a bona fide introducer 121 Disclosure to person to whom protected information relates 122 Disclosure to person from whom protected information was obtained 123 Disclosure to a Court, tribunal etc. 124 Disclosure for the purposes of law enforcement 125 Disclosure to reduce serious risk to public health 126 Disclosure to reduce serious risk to the environment Part 7—Enforcement Division 1—Simplified outline of this Part 127 Simplified outline of this Part Division 2—Monitoring and investigation powers 128 Monitoring powers 129 Investigation powers Division 3—Civil penalty provisions, infringement notices and injunctions 130 Civil penalty provisions 131 Infringement notices 132 Enforceable undertakings 133 Injunctions 134 Extension to external Territories Division 4—Miscellaneous 135 Physical elements of offences 136 Contravening an offence provision or a civil penalty provision 137 Appointment of authorised inspectors 138 Delegations by relevant chief executive Part 8—Administration Division 1—Simplified outline of this Part 139 Simplified outline of this Part Division 2—Australian Industrial Chemicals Introduction Scheme and the Executive Director 140 Australian Industrial Chemicals Introduction Scheme 141 Executive Director 142 Functions of Executive Director Division 3—Appointment of the Executive Director 143 Appointment 144 Term of appointment 145 Acting Executive Director Division 4—Terms and conditions for the Executive Director 146 Remuneration and allowances 147 Leave of absence 148 Outside employment 149 Disclosure of interests 150 Resignation of Executive Director 151 Termination of appointment of Executive Director 152 Other terms and conditions of appointment of Executive Director Division 5—Persons assisting the Executive Director 153 Arrangements relating to staff of the Department 154 Other persons assisting the Executive Director Division 6—Industrial Chemicals Special Account 155 Industrial Chemicals Special Account 156 Credits to Industrial Chemicals Special Account 157 Purposes of the Industrial Chemicals Special Account Part 9—International agreements and arrangements Division 1—Simplified outline of this Part 158 Simplified outline of this Part Division 2—Information exchange under the Rotterdam Convention Subdivision A—Notification of ban or restriction 159 Notification of ban or restriction on introduction or use Subdivision B—Exchange of certain information 160 Exchange of certain information about industrial chemicals Subdivision C—Information gathering 161 Executive Director may obtain information and documents 162 Person must comply with notice under section 161 Division 3—Movements of industrial chemicals into or out of Australia 163 Movements of industrial chemicals into or out of Australia 164 Introducing or exporting if prohibited or restricted Part 10—Miscellaneous 165 Simplified outline of this Part 166 Reconsideration and review of decisions 167 General requirements for applications 168 Ban on animal test data for applications for cosmetics 169 Calculating the consideration period for an application 170 Additional provisions about fees 171 Protection from civil actions 172 Executive Director may use computer programs to make decisions 173 Copies of documents 174 Executive Director may retain documents 175 Self‑incrimination 176 Delegations by Minister 177 Delegations by Executive Director 178 Compensation for acquisition of property 179 Annual report 180 Rules Endnotes Endnote 1—About the endnotes Endnote 2—Abbreviation key Endnote 3—Legislation history Endnote 4—Amendment history