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2013-2014
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
THE SENATE
END CRUEL COSMETICS BILL 2014
EXPLANATORY MEMORANDUM
(Circulated by the authority of Senator Rhiannon)
End Cruel Cosmetics Bill 2014
Outline
Purpose of Bill
The End Cruel Cosmetics Bill 2014 amends the Industrial Chemicals (Notification
and Assessment) Act 1989 (the ICNA Act) to prohibit developing, manufacturing,
selling, advertising or importing into Australia cosmetics, or ingredients for
cosmetics, which have been tested on live animals after the commencement of
Schedule 1 to the Bill.
The Bill amends Part 3B of the ICNA Act, which already provides for standards for
cosmetics imported into, or manufactured in, Australia.
Ingredients in cosmetics
As well as applying to cosmetics, the Bill applies to substances, preparations or
mixtures developed, manufactured or sold for use as ingredients in cosmetics. The
Bill does not extend to substances that are animal-tested for use in medicines or other
non-cosmetic uses, to therapeutic goods or to prescribed substances.
International trade law
This Bill is not discriminatory under international trade law. The Bill effectively
applies the same prohibitions to imports as to domestic products.
Further, Article XX(a) of the GATT authorises Member States to deviate from their
other WTO commitments where "necessary to protect public morals" and Article
XX(b) authorises member States to deviate from their other WTO commitments
where "necessary to protect human, animal, or plant life or health...".
There is widespread global recognition that the testing of animals for cosmetics and
new cosmetic ingredients is cruel and unnecessary. More than 5,000 available raw
ingredients tested in the past are available and used by cosmetic manufacturers,
requiring no new animal testing.
The safety of new product formulations made from well-known existing cosmetic
ingredients can be assured using available non-animal testing methods such as those
already scientifically validated by the European Commission's European Centre for
the Validation of Alternative Methods. These methods include in vitro methods which
predict outcomes based on chemical structure and reactivity using computational
modelling, genomics and metabonomics.
The European Union began phasing in a ban on the testing and marketing of
cosmetics or their ingredients which have been tested on animals in 2009, with a
complete ban taking effect in March 2013.
Israel banned the testing of cosmetics and household cleaning products on animals,
with a complete ban on the import, marketing and sale of animal tested cosmetics,
personal care or household products taking effect in January 2013.
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India banned the testing of cosmetics and their constituent ingredients on animals in
June 2013, and is moving towards banning the sale of animal tested products.
China has removed its mandatory animal testing requirements for domestically
manufactured cosmetics products, which takes effect in June 2014. The China Food &
Drug Administration has stated that once the new system is established, it may be
expanded to include imported products and "special use" cosmetics.
A Bill was introduced into the US Congress in March 2014 to prohibit animal testing
in the US cosmetics industry and phase out the sale of cosmetics tested on animals in
foreign countries.
The End Cruel Cosmetics Bill 2014 follows the global trend, recognising that in 2013
81% of Australians believed Australia should follow the EU in banning the sale of
cosmetics tested on animals, with this figure increasing to 85% for women.
Further, the Australian peak body for cosmetics states that "the industry largely
stopped animal testing on finished cosmetic products in the 1980s, long before the
introduction of the EU phase out" and that "the local industry and Australian
consumers will also be beneficiaries of these European initiatives."
Accord Australasia also states that the industry accepts more needs to be done to
eliminate needlessly cruel test methods and that "the cosmetics industry, both here
and abroad, is committed to the eventual elimination of animal testing for cosmetics
ingredients."
This Bill meets national and international expectations in prohibiting actions:
that are strictly not necessary to cosmetics manufacture;
that are considered unacceptable by a majority of Australians and a growing
number of major international marketplaces and regulators; and
for which scientifically validated alternatives are already available.
Finally, the Bill expressly provides that, if it would breach Australia's international
obligations in relation to importation, it does not have effect to that extent.
NOTES ON CLAUSES
Clause 1 - Short title
This clause provides for the Bill, when enacted, to be cited as the End Cruel
Cosmetics Act 2014.
Clause 2 - Commencement
This clause provides for the Bill to commence on the day it receives the Royal Assent.
Schedule 1 of the Bill is to take effect on the day following a period of 6 months after
this Act receives Royal Assent. This provides a transitional period for entities
affected.
Clause 3 - Schedule(s)
This clause is the formal enabling provision for the Schedule to the Bill, providing
that each Act specified in a Schedule is amended in accordance with the applicable
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items of the Schedule. In this Bill the Act being amended is the Industrial Chemicals
(Notification and Assessment) Act 1989.
Schedule 1 - Amendments
Part 1 - Main amendments
Industrial Chemicals (Notification and Assessment) Act 1989
Item 1 inserts new Division 2 - Cosmetics tested on Animals at the end of existing
Part 3B - Standards for cosmetics imported into, or manufactured in, Australia.
New section 81B Cosmetics tested on animals creates three new offences relating to
cosmetics and their ingredients that have been tested on live animals.
Testing cosmetics and ingredients
Subsection 81B(1) provides that a person commits an offence if the person tests a
substance on a live animal in Australia for the purpose of any person developing,
manufacturing, selling or importing into Australia a cosmetic, or a substance for use
as an ingredient in cosmetics.
Manufacturing, advertising, selling or importing cosmetics
Subsection 81B(2) provides that a person commits an offence if the person
manufactures, advertises, or sells a cosmetic in Australia, or imports a cosmetic into
Australia; and any person tested a substance on a live animal for the purpose of any
person developing, manufacturing selling or importing the cosmetic or a substance for
use as an ingredient in cosmetics; and, in the latter case, that substance is an
ingredient of the cosmetic manufactured, advertised, sold or imported.
Manufacturing, advertising, selling or importing ingredients in cosmetics
Subsection 81(3) provides that a person commits an offence if the person
manufactures, advertises or sells a substance in Australia, or imports a substance into
Australia, for use as an ingredient in cosmetics; and any person tested a substance on
a live animal for the purpose of any person developing, manufacturing, selling or
importing the first-mentioned substance.
New section 81C Additional operation of Division deals with the constitutional
basis of the new Division. It is based on existing provisions of the ICNA Act,
including section 4.
New section 81D International obligations qualifies the Division's effect on the
importation of a substance. The Division applies subject to Australia's international
obligations.
New section 81E Ingredients, preparations and components applies the limitations
in paragraphs (c) and (d) of the definition of cosmetic in subsection 5(1) of the ICNA
Act to ingredients. Those limitations relate to therapeutic goods within the meaning of
the Therapeutic Goods Act 1989 and a substance or preparation prescribed by
regulations.
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Part 2 - Other amendments
Industrial Chemicals (Notification and Assessment) Act 1989
Items 2 and 3 amend the title and objects of the Act to reflect the amendments made
by Part 1.
Items 4, 5 and 6 make amendments consequential on new section 81C.
Item 7 amends the heading to Part 3B consequential on the amendments made by Part
1.
Part 3 - Application of amendments
Item 8 provides that the amendments made by Schedule 1 apply in relation to testing
that occurs on or after the commencement of the Schedule (see clause 2).
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Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny)
Act 2011
End Cruel Cosmetics Bill 2014
This Bill is compatible with the human rights and freedoms recognised or declared in
the international instruments listed in section 3 of the Human Rights (Parliamentary
Scrutiny) Act 2011.
Overview of the Bill
The End Cruel Cosmetics Bill 2014 amends the Industrial Chemicals (Notification
and Assessment) Act 1989 (the ICNA Act) to prohibit developing, manufacturing,
selling, advertising or importing into Australia cosmetics, or ingredients for
cosmetics, which have been tested on animals.
Human rights implications
This Bill does not engage any of the applicable rights or freedoms.
The Bill will not have an adverse impact on the Right to Health, as it does not impact
on medical research:
The Bill only applies to cosmetics as already defined in subsection 5(1) of the
ICNA Act. This definition expressly excludes therapeutic goods within the
meaning of the Therapeutic Goods Act 1989. The Bill extends this exclusion
to ingredients in cosmetics;
The Bill only applies to substances that are cosmetics or are developed,
manufactured, sold or imported for use as ingredients or components in
cosmetics.
Conclusion
This Bill is compatible with human rights as it does not raise any human rights issues.
Greens Senator Lee Rhiannon
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