Industrial Chemicals (Notification and Assessment) Regulations (Amendment) (Cth)

Statutory

Rules1992No. 29 1

__________________

Industrial Chemicals (Notification and

Assessment) Regulations 2(Amendment)

I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Industrial Chemicals (Notification and Assessment) Act 1989.

 Dated 31 January 1992.

  BILL HAYDEN

 Governor-General

 By His Excellency’s Command,

PETER COOK

Minister of State for Industrial Relations

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1.   Amendment

1.1   The Industrial Chemicals (Notification and Assessment) Regulations are amended as set out in these Regulations.

[NOTE:

 These Regulations commence on gazettal: see Acts Interpretation Act 1901,

s. 48]

2.   Regulation 14 (Waiver of fees)

2.1   Omit the regulation, substitute:

Reduction of fees

“14.

(1) In the case of 2 or more applications under section 55 of the Act that relate to the same chemical, the Director may reduce the amount of the fee payable for each of the applications.

“(2)

In deciding the amount of a reduction, the Director must take into account the saving in time and resources required to assess the chemical that arises from the circumstance that the applications relate to the same chemical.

“(3)

A reduction granted under subregulation (1):

• (a)

  must not be so great as to reduce the total amount of the fees payable on the applications below the amount of the fee payable on each application before the reduction; and

• (b)

  in the case of a late application under subsection 55 (2) of the Act—must not affect the extra component of the fee payable on the application because it is a late application.

“(4)

If the Director reduces a fee for an application and the fee has been paid, the Director must refund to the applicant the amount by which the fee has been reduced.”.

3.   Regulation 15 (Remission of fees)

3.1   Omit “Where:”, substitute:

“(1)

Subject to subregulations (2) and (3 ), if:”.

3.2   Add at the end:

“(2)

In exercising a discretion under subregulation (1), the Director must take into account the cost of any completed phase of the process of assessing or deciding the application, statement, nomination or notification.

“(3)

If an application, statement, nomination or notification to which paragraph (1) (a) applies is withdrawn before consideration of it has begun:

• (a)

  subregulation (1) does not apply; and

• (b)

  90% of the prescribed fee paid on the application, statement, nomination or notification must be repaid to the person or persons who paid it.”.

4.   New regulation 17

4.1   After regulation 16, insert:

Appeal to the Administrative Appeals Tribunal

“17.

(1)  Applications may be made to the Administrative Appeals Tribunal for review of decisions of the Director made in the exercise of the Director’s powers under subregulation 14 (1) or 15 (1).

“(2)

In subregulation (1), ‘decision’ has the same meaning as in the Administrative Appeals Tribunal Act 1975.”.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 7 February 1992.

 

2. Statutory Rules 1990 No. 231 as amended by 1990 No. 440; 1991 No. 165.