House of Representatives

Industrial Chemicals (Consequential Amendments and Transitional Provisions) Bill 2017

Second Reading Speech

Dr GILLESPIE (Lyne-Assistant Minister for Health)

I move:

That this bill be now read a second time.

Today I am pleased to introduce one of the supporting bills-the Industrial Chemicals (Consequential Amendments and Transitional Provisions) Bill 2017-to the government's package of legislation to reform the industrial chemicals regulation in Australia.

The bill is a companion bill to the Industrial Chemicals Bill 2017. It will facilitate the transition for industry and others currently operating under the Industrial Chemicals (Notification and Assessment) Act 1989 to the Industrial Chemicals Bill 2017.

This bill will repeal the Industrial Chemicals (Notification and Assessment) Act 1989and the three industrial chemicals charges acts at a time when the new arrangements come into effect on 1 July 2018. In addition, it will make consequential amendments to a range of other Commonwealth legislation to replace references to the Industrial Chemicals (Notification and Assessment) Act 1989 with 'Industrial Chemicals Act 2017'.

Most importantly, this bill will provide for the smooth transition of industrial chemicals from the old legislation to the new regulatory framework, to be known as the Australian Industrial Chemicals Introduction Scheme (AICIS).

It will do this by ensuring that the risks associated with the introduction of an industrial chemical that are managed under the Industrial Chemicals (Notification and Assessment) Act 1989will continue to be managed following its repeal, and providing certainty to people currently introducing industrial chemicals.

The bill provides a seamless transition to the new arrangements for those authorisations or processes that are already in place by recognising existing approvals under the old legislation and deeming others to be applications under the most appropriate category in the new arrangements.

For example, if an assessment certificate or permit on which a person is introducing a chemical was made under the Industrial Chemicals (Notification and Assessment) Act 1989, it will be considered to be made under the Industrial Chemicals Act 2017 and the controls on its introduction will continue to be applied. Importantly, a chemical that was previously on the inventory will be considered to be on the inventory under the new arrangements, providing for its continued introduction.

In some key areas, such as the introduction of chemicals that are of low volume or low concentration, the transition will take place over a 12-month period so businesses have more time to align with the new requirements for introduction.

This bill will also provide for the transitioning, over a period of time, of confidential business information under the old framework to the new arrangement. Decisions to limit access to some confidential information under the old legislation will be taken to have been decisions under the Industrial Chemicals Act 2017. As these decisions are due for reconsideration, businesses will be encouraged to move to the more contemporary mechanisms.

Finally the bill also provides a degree of flexibility to make adjustments to the new arrangements or prescribe other matters of a transitional nature in the rules.

Debate adjourned.