NICNAS Legislative Change 2010-11

NICNAS is proposing to amend the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act) and the planned changes cover:

• The transfer to the Australian Inventory of Chemical Substances (the AICS) of certain chemicals, including those in cosmetic products previously regulated by the Therapeutic Goods Administration. This was to address a regulatory gap in the protection of public health and complete reforms related to cosmetics (which commenced in 2007) and would also facilitate future reforms;
• Implementation of measures arising from the review of the NICNAS Existing Chemicals Program including:
  • introduction of new assessment processes such that NICNAS can apply the most appropriate assessment approach (information, advisory or regulatory) based on the issue being addressed; and
  • streamlining processes for re-assessment of chemicals on the AICS, otherwise known as existing chemicals.
• Minor changes to the Act to enhance the administration of the scheme and improve efficiency including removal of the need to publish summary assessment reports and revision of the Schedule to the Act to clarify current arrangements for active ingredients in sunscreens and chemicals which are persistent and bioaccumulative in the environment.

Extensive consultations had taken place in past years on the reforms to cosmetics regulation, and on changes to the existing chemicals program. Consultation on the minor changes was undertaken in two stages in April 2010 and July 2010. The latter round was based on a revised proposal which took into account submissions to the April 2010 consultation.

 

Proposed amendments to the Schedule to the Act and the requirement to prepare and publish summary reports, April & July 2010 - Summary.

In the April 2010 issue of the Chemical Gazette, NICNAS sought comment on two proposed amendments to the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act), namely:

• A proposal to remove the requirement to prepare and publish summary reports for both new and existing chemicals: and
• Proposed amendments to the Schedule to the Act, that will:
  • introduce requirements for the assessment of new active ingredients (UV filters) in secondary sunscreens, which were previously regulated by the Therapeutic Goods Administration (TGA) prior to the cosmetic reform amendments to the Act in September 2007;
  • provide for the screening assessment of all new industrial chemicals for their potential to be persistent, bioaccumulative and toxic (PBT), in accordance with Australia’s obligations under the Stockholm Convention on Persistent Organic Pollutants (POPS); and
  • make other amendments in accordance with international best practice, including a more specific requirement on public exposure to the chemical and revision of some physical and chemical properties.

Five submissions were received however NICNAS only obtained permission to publish three of them.

 

In light of the submissions, NICNAS refined some proposed amendments to the Schedule and the requirement to prepare and publish summary reports and in July 2010 NICNAS published a notice on its website seeking further comment on a revised proposal. A total of six submissions were received.

 

NICNAS will publish its final decision on the refined proposal once approval processes are completed, and implement legislative change to give effect to appropriate amendments as soon as practicable.

 

Proposed amendments to the Schedule to the Act and the requirement to prepare and publish summary reports, April 2010 – proposal.

Click here for the proposal document (PDF 54 kb).

 

Proposed amendments to the Schedule to the Act and the requirement to prepare and publish summary reports, April 2010 - submissions.

• ACCORD (PDF 64 kb)
• David Black (PDF 64 kb)
• Ian Rae (PDF 64 kb)
• Two industry submissions – permission has not been received to publish the submissions

Proposed amendments to the Schedule to the Act and the requirement to prepare and publish summary reports, July 2010 – refined proposal.

Click here for the proposal document (PDF 65 kb).

 

Proposed amendments to the Schedule to the Act and the requirement to prepare and publish summary reports, July 2010 - submissions.

• ACCORD (PDF 54 kb)
• APMF (PDF 42 kb)
• Estee Lauder (PDF 984 kb)
• PACIA (PDF 204 kb)
• Reckitt Benckiser (PDF 142 kb)
• Unilever (PDF 37 kb)

Final decision on proposed amendments to the Schedule was made in July 2011 following further consultation. See attached summary
(PDF 31 kb) . These amendments were incorporated into the Industrial Chemicals (Notification and Assessment) Amendment (Inventory) Bill 2011, which came into force on 27 September 2011.