Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1993 No. 35

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

Industrial Chemicals (Notification and Assessment) Act 1989

Industrial Chemicals (Notification and Assessment) Regulations (Amendment)

Section 111 of the Industrial Chemicals (Notification and Assessment Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The Act establishes the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). The Act provides for a national system of notification and assessment of industrial chemicals. The Act has been amended to introduce modifications to the notification and assessment process in the case of eligible chemicals, low volume chemicals and synthetic polymers of low concern. The amendments commence by way of Proclamation on March 1 1993. The purpose of the amendments to the Act is to reduce the regulatory burden on industry. The regulations are complementary to these amendments and provide for matters such as definitions, fees and forms.

Section 5 of the Act has been amended to include a definition of synthetic polymer of low concern. The criteria for this definition is to be prescribed. Regulation 3 inserts a new regulation 4A that sets out the criteria.

Section 24A of the Act has been inserted to provide that the only document that needs to accompany an application for an assessment certificate for a synthetic polymer of low concern is a copy of a prescribed form. Regulation 4 inserts a new regulation 7AA which provides that a new Form 1A in Schedule 1 to the Regulations is the prescribed form for the purposes of section 24A of the Act. The form is the only information that needs to be provided to the Director of NICNAS and there is no requirement for information from the Schedule of the Act.

Paragraph 35(2)(d) of the Act enables information that is to be contained in a summary report to be prescribed. Regulation 5 omits regulation 8 and provides for a new regulation 8 that prescribes an abstract of the summary of health, safety and environmental matters to be contained in the summary report as well as a Material Safety Data Sheet.

Regulation 6 inserts regulations 8A and 8B. Subparagraph 38(5)(a)(iv) of the Act requires the Director of NICNAS to publish an assessment report by giving a copy to prescribed Commonwealth, State and Territory authorities. Regulation 8A prescribes at the Commonwealth level the Department of the Arts, Sport, the Environment and Territories and the Department of Health, Housing and Community Services. At the State level the Department of Occupational Health,

Safety and Welfare Is. prescribed for the State of Western Australia. Regulation 8B provides for the content of an assessment certificate.

Regulation 7 provides for an amendment to regulation 13 which specifies fees for applications. A new subregulation 13(2) Is inserted to provide that in the case of an application in relation to a synthetic polymer of low concern the fee is $2,500. Regulation 9 also relates to fees for applications. In the case of an application for an assessment of an eligible chemical or a low volume chemical the prescribed fee is $500.

Regulation 8 provides for an amendment to the Schedule. It inserts a new form 1A into the Schedule that is the prescribed form for an application for a synthetic polymer of low concern.

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