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EXPOSURE DRAFT  
This is a limited circulation exposure draft. It is supplied in confidence and should be given 
appropriate protection.  
 
 
Consumer Goods (Cosmetics) Information 
Standard 2020  
I, Michael Sukkar, Minister for Housing and Assistant Treasurer, make the following 
information standard.  
Dated     2020  
Michael Sukkar  [DRAFT ONLY —NOT FOR SIGNATURE]  
Minister for Housing and Assistant Treasurer  
 
   
   
   
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 Consumer Goods (Cosmetics) Information Standard 2020  i 
  
 Contents  
Part  1—Preliminary  1 
1 Name  ................................ ................................ ................................ ...........................  1 
2 Commencement  ................................ ................................ ................................ ..........  1 
3 Authority  ................................ ................................ ................................ .....................  1 
4 Schedules  ................................ ................................ ................................ ....................  1 
5 Application  ................................ ................................ ................................ .................  1 
6 Exempt cosmetic products  ................................ ................................ ..........................  2 
7 Definitions  ................................ ................................ ................................ ..................  2 
Part  2—Information standard  4 
8 List of ingredients  ................................ ................................ ................................ ....... 4 
9 Form of ingredients list  ................................ ................................ ...............................  5 
10 Confidentiality provisions  ................................ ................................ ...........................  5 
11 Review of decisions  ................................ ................................ ................................ .... 5 
12 Additional requirements for hand sanitisers  ................................ ................................  6 
13 Transitional provisions  ................................ ................................ ................................  6 
Schedule  1—Repeals  8 
Trade Practices (Consumer Product Information Standards) (Cosmetics) 
Regulations  1991  8 
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Preliminary   Part 1  
   
 
Section  1 
 
 Consumer Goods (Cosmetics) Information Standard 2020  1 
  
 Part  1—Preliminary  
   
1  Name  
  This instrument is  the Consumer Goods (Cosmetics) Information Standard 2020 . 
2  Commencement  
 (1) Each provision of this instrument  specified in column 1 of the table commences, 
or is taken to have commenced, in accordance with column 2 of the table. Any 
other statement in column 2 has effect according to its terms.  
 
Commencement information  
Column 1  Column 2  Column 3  
Provisions  Commencement  Date/Details  
1.  The whole of this 
instrument  The day after this instrument is  registered.   
Note:  This table relates only to the provisions of this instrument  as originally made. It will 
not be amended to deal with any later amendments of this instrument . 
 (2) Any information in column 3 of the table is not part of this instrument . 
Information may be inserted in this column, or information in it may be edited, i n 
any published version of this instrument . 
3  Authority  
  This instrument is made under subsection  134(1) of the Australian Consumer 
Law.  
Note:  The reference to the Australian Consumer Law is a reference to Schedule  2 to the 
Competition and Consumer Act 2 010 as it applies as a law of the Commonwealth, 
States and Territories: see section  140K of that Act and corresponding provisions of 
Acts of States and Territories applying that Schedule.  
4  Schedules  
  Each instrument that is specified in a Schedule to th is instrument is amended or 
repealed as set out in the applicable items in the Schedule concerned, and any 
other item in a Schedule to this instrument has effect according to its terms.  
5  Application  
  This instrument applies  to cosmetic products:  
 (a) manufactured in Australia and intended to be used in Australia; or  
 (b) imported into Australia;  
if the manufacture or importation occurs after the end of 90 days after the 
commencement of this instrument . LIMITED CIRCULATION  
 
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Section  6 
 
2 Consumer Goods (Cosmetics) Information Standard 2020   
  
 Note:  See section 13 for a transitional provision dealing with cosmetic products manufactured 
or imported earlier.  
6  Exempt cosmetic products  
  This instrument does not apply to:  
 (a) therapeutic goods within the meaning of the Therapeutic Goods Act 1989 ; 
or 
 (b) free samples of a cosmetic product; or  
 (c) testers of a cosmetic product.  
7  Definitions  
  In thi s instrument : 
alcohol  means ethyl alcohol (ethanol) or isopropyl alcohol.  
aroma  has the same meaning as in the International Cosmetic Ingredient 
Dictionary and Handbook , Sixteenth Edition 2016 . 
Note:  The International Cosmetic Ingredient Dictionary and Handbook , Sixteenth  Edition 
2016 defines aroma  as follows:  
 “Aroma is a term for ingredient labeling used to identify that a product contains a 
material or combination of materials normally added to a c osmetic to produce or 
to mask a particular flavor. The term Aroma shall be used in the European Union 
(EU) for ingredient labeling instead of listing the individual components of a 
flavor under the 6th Amendment to the EC Cosmetics Directive. The INCI name  
permitted for labeling in the U.S. that corresponds to this EU labeling name is 
Flavor. See “Regulatory and Ingredient Use Information,” regarding use of the 
INCI Names, Flavor and Aroma in Volume 1, Introduction, Part A .”. 
container , in relation to a cosmetic product, means the container or wrapper in 
which the product is packed.  
cosmetic product means a substance or preparation intended for placement in 
contact with any external part of the human body, including:  
 (a) the mucous membranes of the oral cavity; and  
 (b) the teeth;  
with a view to:  
 (c) altering the odours of the body; or  
 (d) changing its appearance; or  
 (e) cleansing it; or  
 (f) maintaining it in good condition; or  
 (g) perfuming it; or  
 (h) protecting it.  
flavour  has the same meaning as the definition of flavor  in the International 
Cosmetic Ingredient Dictionary and Handbook , Sixteenth  Edition 20 16. 
Note:  The International Cosmetic Ingredient Dictionary and Handbook , Sixteenth  Edition 
2016 defines flavor  as follow s: 
 “Flavor is a term for ingredient labeling used to identify that a product contains a 
material or combination of materials normally added to a cosmetic to produce or 
to mask a particular flavor. The term Flavor may be used instead of listing the LIMITED CIRCULATION  
 
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Preliminary   Part 1  
   
 
Section  7 
 
 Consumer Goods (Cosmetics) Information Standard 2020  3 
  
 individ ual components of the flavor in accordance with U.S. 21 CFR 701.3(a). 
The labeling name in the EU will be Aroma under the 6th Amendment to the EC 
Cosmetics Directive. See “Regulatory and Ingredient Use Information,” 
regarding use of the INCI Names, Flavor and Aroma in Volume 1, Introduction, 
Part A .”. 
fragrance means a substance used solely to impart an odour to a cosmetic 
product.  
hand sanitiser  means a product:  
 (a) that consists of, contains or generates one or more antimicrobial active 
substances (inclu ding, but not limited to, alcohol, benzalkonium chloride, 
chlorhexidine gluconate, triclosan, tea tree oil, hypochlorous acid); and  
 (b) that is represented in any way to be, or is likely to be taken to be (whether 
because of the way in which it is present ed or for any other reason):  
 (i) for use on hands when soap and water are not available; and  
 (ii) applied to the hands without rinsing off; and  
 (iii) intended to destroy, deter, render harmless, prevent the action of, or 
otherwise exert a controlling ef fect on any bacteria or other 
microorganism on the skin.  
incidental ingredient means any ingredient or substance which has no technical 
or functional effect in a cosmetic product and is present in insignificant levels.  LIMITED CIRCULATION  
 
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Section  8 
 
4 Consumer Goods (Cosmetics) Information Standard 2020   
  
 Part  2—Information standard  
   
8  List of ingredients  
 (1) The ingredients in a cosmetic product must be listed:  
 (a) on the container; or  
 (b) if the product is not packed in a container —on the product;  
in descending order by volume or mass.  
 (2) As an alternative to subsection  (1), the  ingredients may be listed in the following 
order:  
 (a) ingredients (except colour additives) in concentrations of 1 % or more —in 
descending order by volume or mass;  
 (b) ingredients (except colour additives) in concentrations of less than 1 %—in 
any order;  
 (c) colour additives —in any order.  
 (3) If subsection  (1) or (2) cannot be complied with in relation to a container or a 
cosmetic product because of its:  
 (a) size; or  
 (b) shape; or  
 (c) nature;  
a list of the product’s ingredients must be shown in anothe r way that ensures that 
a consumer can be informed about the ingredients in the product.  
Colour additives  
 (4) A list of ingredients in a cosmetic product may include a reference to a colour 
additive that is not in the cosmetic product if the colour additi ve is:  
 (a) added to some batches of the product for the purposes of colour matching; 
or 
 (b) used in one or more (but not all) of a range of cosmetic products.  
 (5) For the purposes of paragraph  (4)(b), a range of products means a number of 
cosmetic produ cts produced by the same supplier that are:  
 (a) similar in composition; and  
 (b) intended for the same use; and  
 (c) available in different shades.  
 (6) If a cosmetic product may contain a colour additive mentioned in subsection  (4), 
the list of ingredien ts: 
 (a) must say that the product may contain the additive; and  
 (b) must do so by using:  
 (i) the words “may contain ” (or other words of similar meaning) and the 
name of the additive; or  
 (ii) the symbol “ +/–” and the name of the additive.  LIMITED CIRCULATION  
 
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Section  9 
 
 Consumer Goods (Cosmetics) Information Standard 2020  5 
  
 Flavours, frag rances and incidental ingredients  
 (7) A flavour or flavours in a cosmetic product must be shown in the list of the 
product’s ingredients by including in the list:  
 (a) the word “ flavour ”, “flavours ”, “aroma ” or “aromas ”; or 
 (b) the ingredients in the fla vour or flavours.  
 (8) A fragrance or fragrances in a cosmetic product must be shown in the list of the 
product’s ingredients by including in the list:  
 (a) the word “ fragrance ”, “fragrances ”, “parfum ” or “parfums ”; or 
 (b) the ingredients in the fragrance  or fragrances.  
 (9) An incidental ingredient in a cosmetic product need not be included in the list of 
the product’s ingredients.  
9  Form of ingredients list  
 (1) A list of ingredients must be:  
 (a) prominently shown; and  
 (b) clearly legible.  
 (2) The na mes of the ingredients in the list must be either their English names or 
their International Nomenclature Cosmetic Ingredient names.  
 (3) There may also be a list of ingredients in another language.  
10  Confidentiality provisions  
  On the request of the ma nufacturer or importer of a cosmetic product, the 
Minister may, by notifiable instrument , give permission for an ingredient in the 
product to be shown in a list of the in gredients in the product as an “ other 
ingredient ” (instead of by name and volume or ma ss) if the Minister is satisfied:  
 (a) that revealing the name of the ingredient would prejudice a trade secret; 
and 
 (b) that inclusion of the ingredient in the product is unlikely to be harmful to a 
consumer.  
11  Review of decisions  
 (1) Application s may be made to the Administrative Appeals Tribunal for review of 
decision s of the Minister under section 10 refusing to give permission.  
 (2) If the Minister notifies a person of a decision under section 10 refusing to give 
permission, the notice must inc lude a statement to the effect:  
 (a) that, subject to the Administrative Appeals Tribunal Act 1975 , an 
application may be made to the Administrative Appeals Tribunal for a 
review of the decision to which the notice relates; and  
 (b) that a person whose int erests are affected by the decision may request a 
statement under section  28 of that Act.  LIMITED CIRCULATION  
 
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Section  12 
 
6 Consumer Goods (Cosmetics) Information Standard 2020   
  
  (3) A failure to comply with subsection  (2) in relation to a decision does not affect 
the validity of the decision.  
12  Additional r equirements for hand sanitiser s 
 (1) This section applies to hand sanitiser that contains alcohol as the primary active  
ingredient.  
Note:  This instrument does not apply to hand sanitisers that are therapeutic goods within the 
meaning of the Therapeutic Goods Act 1989  (see section 6 of thi s instrument).  
 (2) The percentage of alcohol contained in the hand sanitiser must be shown , in a 
manner that is prominent and clearly legible : 
 (a) in the list of ingredients; or  
 (b) elsewhere : 
 (i) on the container; or  
 (ii) if the hand sanitiser is not  packed in a container —on the hand 
sanitiser; or  
 (c) if the hand sanitiser is manufactured  in Australia, or imported into 
Australia, before the end of 180 days after this instrument commences , and 
it is not reasonably practicable for the percentage to be shown in 
accordance with paragraph  (a) or (b) —in another way that ensures that a 
consumer can be informed about the percentage before purchase . 
 (3) The product must show each of the following warnings  (as the words set out 
below, or as other words, or pictograms, that could reasonably be regarded as 
having the same meaning) : 
 (a) Keep out of reach of children;  
 (b) Children should not use this product unsupervised;  
 (c) For external use only, do not sw allow;  
 (d) If ingested, seek immediate medical attention ; 
 (e) Flammable —keep away from fire;  
 (f) Discontinue use if skin irritation develops.  
Note:  If a supplier makes a claim or representation intended to promote a product, such as 
“kills 99.99% of ger ms”, the supplier may be required to give information and/or 
produce documents to the regulator that could be capable of substantiating or 
supporting the claim or representation (see section  219 of the Australian Consumer 
Law).  
13  Transitional provision s 
 (1) The Trade Practices (Consumer Product Information Standards) (Cosmetics) 
Regulations  1991 , as in force immediately before the commencement of this 
instrument, continue to apply to cosmetic products:  
 (a) manufactured in Australia and intended to be us ed in Australia; or  
 (b) imported into Australia;  
on or after 31  October 1993 and before the end of 90 days after the 
commencement of this instrument.  LIMITED CIRCULATION  
 
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Information standard   Part 2  
   
 
Section  13 
 
 Consumer Goods (Cosmetics) Information Standard 2020  7 
  
  (2) A permission given under regulation  7 of the Trade Practices (Consumer 
Product Information Standards ) (Cosmetics) Regulations  1991  and in force 
immediately before the commencement of this instrument continues to apply, on 
and after that commencement, as if it were a permission given under section 10 
of this instrument.  LIMITED CIRCULATION  
 
LIMITED CIRCULATION   Schedule 1   Repeal s 
   
 
 
8 Consumer Goods (Cosmetics) Information  Standard 2020   
  
 Schedule  1—Repeals  
   
Trade Practices (Consumer Product Information Standards) 
(Cosmetics) Regulations  1991  
1  The whole of the instrument  
Repeal the instrument.