Commonwealth Numbered Regulations

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) 1997 No. 419 - REG 6

6.1 After regulation 6AA, insert: Low volume introduction (Act, s. 21)

"6AB. (1) For paragraph 21 (4) (b) of the Act, the requirements set out in
this regulation are prescribed.

"(2) The chemical must not be used in the cosmetic as:

   (a)  a preservative; or

   (b)  a colouring agent; or

   (c)  an ultraviolet filter.

"(3) The chemical must not be prohibited or restricted for use as a cosmetic,
or for use in cosmetics:

   (a)  in the European Union under Council Directive 76/768/EEC as amended to
        30 December 1997; or

   (b)  in the United States of America under the Food, Drugs and Cosmetics
        Act 1938 as amended to 30 December 1997.

"(4) The chemical must comply with any law of the Commonwealth, a State or a
Territory that relates, whether expressly or by implication, to the
manufacture or importation of the chemical.

"(5) If the chemical is present in the cosmetic at a concentration of 1% or
more, the person who introduces the chemical must have information that
indicates that the chemical will be safe for use by potentially high-risk
groups (including, for example, infants, elderly persons and atopic persons),
consistent with the anticipated pattern of consumer exposure.

"(6) The person who introduces the chemical must:

   (a)  notify the Director in writing of the introduction; and

   (b)  keep in writing, for 5 years after the introduction, all information
        available to the person about occupational health and safety and
        public health matters about the chemical.

"(7) The notification under paragraph (6) (a) must include:

   (a)  a statement setting out each requirement of subregulations (2) to (5)
        and stating how each requirement is complied with; and

   (b)  a declaration that the contents of the notification are correct as far
        as the person knows.

"(8) The information kept under paragraph (6) (b) must be produced to the
Director on request.

"(9) For paragraph (6) (b), information is taken to be available to a person
if, having regard to the person's abilities, experience, qualifications and
other attributes, the person ought reasonably to have been aware of the
information.".