Industrial Chemicals (Notification and Assessment) Amendment Act 2003 (Cth)

Industrial Chemicals (Notification and Assessment) Amendment Act 2003

No. 74, 2003

An Act to amend the Industrial Chemicals (Notification and Assessment) Act 1989, and for related purposes

Contents

Industrial Chemicals (Notification and Assessment) Amendment Act 2003

No. 74, 2003

An Act to amend the Industrial Chemicals (Notification and Assessment) Act 1989, and for related purposes

[Assented to 15 July 2003]

The Parliament of Australia enacts:

1Short title

This Act may be cited as the Industrial Chemicals (Notification and Assessment) Amendment Act 2003.

2Commencement

This Act commences on the day on which it receives the Royal Assent.

3Schedule(s)

Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.

Schedule 1Industrial Chemicals (Notification and Assessment) Act 1989Part 1Amendments related to commercial evaluation permits

1

Subsection 21E(1)

Omit “2,000 kilograms”, substitute “4,000 kilograms”.

Note: The heading to subsection 21E(1) is altered by omitting “2,000 kilograms” and substituting “4,000 kilograms”.

Part 2Amendments related to registration

2

Section 80B

Repeal the section, substitute:

80BPerson must be registered to introduce relevant industrial chemicals in certain circumstances

1. (1)

   A person must not introduce any relevant industrial chemicals in a registration year if:

   1. (a)

      either:

      1. (i)

         those chemicals are of a value equal to or exceeding the threshold value; or

      2. (ii)

         the person introduced, in the previous financial year, relevant industrial chemicals of a value equal to or exceeding the threshold value; and

   2. (b)

      either:

      1. (i)

         the person is not registered in relation to the registration year; or

      2. (ii)

         at the time the relevant chemicals are introduced, the person’s registration in relation to the registration year is not in force.

   Penalty: 300 penalty units.

2. (2)

   Strict liability applies to paragraph (1)(b).

   Note: For strict liability, see section 6.1 of the Criminal Code.

3

Subsection 80E(2)

Repeal the subsection, substitute:

1. (2)

   The application may be made at any time before or during the registration year concerned.

2. (3)

   However, if:

   1. (a)

      a person’s registration stops being in force at the end of a registration year because the person did not apply for renewal under section 80KA during that registration year; and

   2. (b)

      after the start of the next registration year, the person applies to be registered in relation to that next registration year;

that application must not be dealt with as a new application under this section, but must instead be dealt with as a late renewal application under section 80KB.

Note: The heading to section 80E is altered by inserting “new” before “registration”.

4

Paragraph 80F(d)

Repeal the paragraph.

Note: The heading to section 80F is altered by inserting “new” before “registration”.

5

Paragraph 80F(e)

Repeal the paragraph, substitute:

1. (e)

   be accompanied by:

   1. (i)

      a registration charge in relation to that registration year in the amount prescribed for the purposes of paragraph 80T(2)(b); or

   2. (ii)

      the amount prescribed for the purposes of paragraph 80T(2)(a), paid on account of any registration charge payable in relation to that registration year.

6

At the end of section 80G

Add:

1. (4)

   From the time the application is made to the Director until the Director grants or refuses that application, the applicant is taken to be registered in relation to the registration year.

Note: The heading to section 80G is altered by inserting “for new registration” after “application”.

7

Subsection 80J(2)

Omit “paragraph 80K(4)(b),”, substitute “subsections 80G(4), 80KA(4) and 80KB(5) and (6),”.

8

Section 80K

Repeal the section, substitute:

80KWho may apply for renewal of registration

1. (1)

   A person who:

   1. (a)

      is registered in relation to a particular registration year (the current registration year); and

   2. (b)

      on the facts as known to the person, is a registrable person in relation to the following registration year (the next registration year);

may apply for a renewal of registration in relation to that next registration year.

1. (2)

   A renewal application must be made as follows:

   1. (a)

      in accordance with section 80KA; and

   2. (b)

      before the start of the next registration year.

   Note: Section 80KB deals with late renewal applications.

80KARenewal applications made for next year

1. (1)

   A renewal application that is made as referred to in subsection 80K(2) must:

   1. (a)

      be in the approved form; and

   2. (b)

      contain the information required by the form; and

   3. (c)

      if any of the information previously given to the Director under section 80F, this section or section 80KB is no longer accurate—contain the accurate information; and

   4. (d)

      be accompanied by the fee prescribed under paragraph 110(1)(ub) in respect of the renewal application; and

   5. (e)

      be accompanied by:

      1. (i)

         a registration charge in relation to that registration year in the amount prescribed for the purposes of paragraph 80T(2)(b); or

      2. (ii)

         the amount prescribed for the purposes of paragraph 80T(2)(a), paid on account of any registration charge payable in relation to that registration year.

2. (2)

   The Director must grant the renewal application if he or she is satisfied that:

   1. (a)

      the applicant is a registrable person in respect of the next registration year; and

   2. (b)

      the application complies with the requirements of subsection (1) and section 80K.

3. (3)

   If the Director is not so satisfied about those matters, the Director must refuse the renewal application.

4. (4)

   If the Director does not grant or refuse the renewal application before the start of the next registration year, the applicant is taken to be registered in relation to that next registration year until the Director grants or refuses the renewal application.

80KBLate renewal applications are subject to a penalty

1. (1)

   If a person referred to in subsection 80K(1) makes an application for renewal of registration (a late renewal application) after the time specified in paragraph 80K(2)(b), in contravention of that paragraph, the person must pay the late renewal penalty prescribed under subsection 110A(1).

2. (2)

   A late renewal application must:

   1. (a)

      comply with the requirements of paragraphs 80KA(1)(a) to (d); and

   2. (b)

      be accompanied by the late renewal penalty mentioned in subsection (1); and

   3. (c)

      be accompanied by:

      1. (i)

         a registration charge in relation to that registration year in the amount prescribed for the purposes of paragraph 80T(2)(b); or

      2. (ii)

         the amount prescribed for the purposes of paragraph 80T(2)(a), paid on account of any registration charge payable in relation to that registration year.

3. (3)

   The Director must grant the late renewal application if he or she is satisfied that:

   1. (a)

      the applicant is a registrable person in respect of the registration year; and

   2. (b)

      the application complies with the requirements of subsection (2).

4. (4)

   If the Director is not so satisfied about those matters, the Director must refuse the late renewal application.

5. (5)

   In relation to the late renewal application, the applicant is taken to be registered in relation to the relevant registration year:

   1. (a)

      from the time the application is made until the Director grants or refuses the renewal application; and

   2. (b)

      if the Director grants the renewal application—since the start of that registration year.

6. (6)

   However, subsection (5) does not apply for the purposes of a prosecution under section 80B:

   1. (a)

      that is in relation to the introduction of relevant industrial chemicals that occurred in the registration year for which the late renewal application is made; and

   2. (b)

      for which the charge was laid before the late renewal application was made.

80KCDirector must give notice of renewal decision

1. (1)

   In relation to a renewal application under section 80KA or a late renewal application under section 80KB, the Director must, by notice in writing, inform the applicant of the grant or refusal of the application.

2. (2)

   In the case of a refusal:

   1. (a)

      the notice must include a statement of the reasons for the refusal; and

   2. (b)

      the Director must pay to the applicant, on behalf of the Commonwealth, an amount equal to the amount paid by the applicant as registration charge, or on account of registration charge, payable in relation to the registration year to which the application relates.

9

Section 80M

Repeal the section, substitute:

80MTime for dealing with applications

Subject to section 80N, the Director must deal with an application for registration, or renewal of registration, as follows:

1. (a)

   if the application is in relation to the registration year in which the application is made or a previous registration year—as soon as practicable but, in any case, within 30 days after receipt of the application; and

2. (b)

   if the application is in relation to the next registration year—as soon as practicable but, in any case, not later than the later of:

   1. (i)

      30 days after the start of that next registration year; and

   2. (ii)

      30 days after receipt of the application.

10

Subsection 80N(2)

Omit “the period of 30 days or 7 days”, substitute “a period of 30 days”.

11

Subsection 80P(4)

Repeal the subsection, substitute:

1. (4)

   It is a condition of registration that a person who is registered in relation to a registration year must inform the Director in writing:

   1. (a)

      as soon as possible; and

   2. (b)

      in any case, before August 31 of that registration year;

if the person considers that, for any reason, it is unlikely that the person will be a registrable person in relation to the next registration year.

12

Subsection 80Q(1)

After “subparagraph 80F(e)(ii),”, insert “80KA(1)(e)(ii) or 80KB(2)(c)(ii),”.

13

Paragraph 80QD(1)(a)

Repeal the paragraph, substitute:

1. (a)

   a person:

   1. (i)

      makes an application for registration, or renewal of registration, in relation to a registration year; and

   2. (ii)

      under subparagraph 80F(e)(ii), 80KA(1)(e)(ii) or 80KB(2)(c)(ii), pays an amount on account of the registration charge payable in relation to that year; and

14

Paragraph 80T(2)(a)

Repeal the paragraph, substitute:

1. (a)

   if:

   1. (i)

      under subparagraph 80F(e)(ii), 80KA(1)(e)(ii) or 80KB(2)(c)(ii), the registrable person has paid an amount on account of registration charge in relation to the registration year; and

   2. (ii)

      the value of the chemicals introduced in that year exceeds $500,000 but is less than $5,000,000;

the amount prescribed for the purposes of this paragraph; and

15

Paragraph 80T(2)(b)

Repeal the paragraph, substitute:

1. (b)

   if:

   1. (i)

      under subparagraph 80F(e)(ii), 80KA(1)(e)(ii) or 80KB(2)(c)(ii), the registrable person has paid an amount on account of registration charge in relation to the registration year; and

   2. (ii)

      the value of the chemicals introduced in that year is equal to, or exceeds, $5,000,000;

the amount prescribed for the purposes of this paragraph; and

16

Paragraph 80T(2)(c)

Repeal the paragraph, substitute:

1. (c)

   in any other case—the amount prescribed for the purposes of paragraph (b).

17

Paragraph 100B(1)(b)

Omit “80K”, substitute “80KA, 80KB”.

18

Paragraph 102(1)(b)

Omit “80K(5),”, substitute “80KA(3), 80KB(4),”.

19

Paragraph 110(1)(ub)

Omit “subsection 80K(2)”, substitute “subsection 80KA(1) or 80KB(2)”.

20

Paragraph 110(1)(uc)

Repeal the paragraph.

21

After section 110

Insert:

110ALate renewal penalties

1. (1)

   Regulations may prescribe late renewal penalties, or a method of calculating late renewal penalties, to be paid to the Commonwealth under section 80KB in respect of late renewal applications.

2. (2)

   A late renewal penalty is due and payable in the manner prescribed.

3. (3)

   If a late renewal penalty is not paid at the time the late renewal application is made, the application is to be taken not to have been duly made.

4. (4)

   The regulations may prescribe circumstances in which the Director may, on behalf of the Commonwealth, wholly or partly waive or remit late renewal penalties that would otherwise be payable under this section.

Part 3Application, saving and transitional

22

Application of registration‑related changes

(1) The amendments made by Part 2 of this Schedule apply for the purposes of registration years under the Industrial Chemicals (Notification and Assessment) Act 1989 that start on or after 1 September 2003.

(2) To avoid doubt, any change to an amount prescribed for the purposes of paragraph 80T(2)(a) or (b) of the Industrial Chemicals (Notification and Assessment) Act 1989, as amended by Part 2 of this Schedule, before the start of the registration year that begins on 1 September 2003 applies in relation to that registration year, regardless of whether the application for registration, or renewal of registration, in relation to that registration year was made before or after the change came into force.

23

Saving—existing regulations

(1) Regulations made for the purposes of paragraph 80T(2)(a) or (b) of the Industrial Chemicals (Notification and Assessment) Act 1989 and in force immediately before the commencement of items 14 and 15 of this Schedule continue in force as if they had been made for the purposes of those paragraphs as amended by those items.

(2) Regulations made for the purposes of paragraph 110(1)(ub) of the Industrial Chemicals (Notification and Assessment) Act 1989 and in force immediately before the commencement of item 19 of this Schedule continue in force as if they had been made for the purposes of that paragraph as amended by that item.

(3) Subitems (1) and (2) do not prevent amendment or repeal of the regulations referred to in those subitems.

[Minister’s second reading speech made in—

House of Representatives on 28 May 2003

(60/03)

Senate on 19 June 2003]