Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS AMENDMENT 1991 NO. 165

Statutory Rules 1991 No. 165

Industrial Chemicals (Notification and Assessment) Regulations Amendment

(Issued by the Authority of the Minister for Industrial Relations)

Paragraph 111(b) of the Industrial Chemicals (Notification and Assessment) Act 1989 ("the Act") provides that the GovernorGeneral may make regulations for the purposes of the Act.

Regulations 2, 3, 4 and 5 correct drafting errors contained in regulations 6, 10, 11 and 12 of the Industrial Chemicals (Notification and Assessment) Regulations. The regulations are intended to provide for the inspection of particular documents at the Worksafe Library during inspection times.

The Industrial Chemicals (Notification and Assessment) Regulations were amended by Statutory Rules No. 440 of 1990. The purpose of the amendments to regulations 6, 10, 11 and 12 was to change the address of the Library in those regulations. This was intended to be achieved by defining the terms "Library" and "inspection times" in regulation 2 (instead of in each individual regulation) and amending regulations 6, 10, 11 and 12 accordingly.

Drafting errors meant that the amending regulations did not have the intended effect. The amending regulations required that the words "at the Library at inspection times" be inserted after the word "public" in each regulation. Fulfilling this requirement renders the regulations 6 and 12 incomprehensible because the word "public" appears only in the phrase "public holiday". The word "public" appears twice in regulations 10 and 11.

Regulations 2, 3, 4 and 5 correct these errors by omitting regulations 6, 10, 11 and 12 and replacing them with correctly worded regulations. The address of the Worksafe Library and a definition of "inspection times" remains in regulation 2.