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

Statutory Rules 1994

No. 368 1

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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 25 October 1994.

 BILL HAYDEN

 Governor-General

By His Excellency’s Command,

GARY JOHNS

Assistant Minister 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.   New regulations 12A, 12B and 12C

2.1   After regulation 12, insert:

Fees for assessment applications under section 55 of the Act

“12A.

(1) The fee payable on an application under subsection 55 (1) of the Act is the amount worked out according to the formula:

n ¥

where:

n is the number of persons who make the application;

a is:

• (a)

  in the case of an application relating to a chemical that is assessed by taking into account only 1 of the matters specified in paragraphs 32 (2) (c), (d), (e) and (f) of the Act—$30,000; or

• (b)

  in any other case—$60,000;

t is the total number of persons who have applied to have the priority existing chemical assessed (including, in the case of a joint application, each joint applicant);

b is $2,500.

“(2)

The fee payable on a late application under subsection 55 (2) of the Act is $3,000 plus the fee worked out by the formula in subregulation (1).

Calculation of fees for assessment applications

“12B.

(1) Immediately after the end of the period of 28 days mentioned in subsection 55 (1) of the Act in relation to a priority existing chemical, the Director must calculate the amount of the fee payable for each application for assessment of that chemical.

“(2)

If a person makes a late application for assessment of a priority existing chemical, the Director must, after receiving that late application:

• (a)

  calculate the fee payable in respect of that application; and

• (b)

  recalculate the fee payable for each application (if any) and late application (if any) already received for assessment of that chemical.

“(3)

After the Director calculates or recalculates the fee payable for an application or a late application under subregulation (1) or (2), he or she must inform each applicant in writing of the fee so calculated or recalculated.

Payment of fees for assessment applications

“12C.

(1) The fee payable for an application for assessment of a priority existing chemical under section 55 of the Act must be paid no later than 14 days after the day on which the Director informs the applicant under subregulation 12B (3).

“(2)

If:

• (a)

  a person pays an amount by way of fee for an application referred to in subregulation (1); and

• (b)

  other applications are subsequently received for assessment of the same chemical and as a result the fee payable on each application for assessment of that chemical decreases;

the Director must, as soon as practicable after the payment, refund the difference to the person.”.

3.   Regulation 14 (Reduction of fees)

3.1   Omit the regulation, substitute:

Payment of other fees

“14.

A fee prescribed under regulation 13 must be paid at the time of lodgment of the application, statement, nomination or notification to which it relates.”.

4.   Regulation 15 (Remission of fees)

4.1   Add at the end:

“(4)

The Director may remit 10% of the fee paid in respect of an application under subsection 55 (1) or (2) of the Act if the information required to be given to the Director in relation to a chemical under subsection 58 (3) of the Act:

• (a)

  is submitted at or before the end of the period specified in relation to the chemical under subsection 58 (4) of the Act; and

• (b)

  is given in sufficient clarity and detail to allow proper assessment of the chemical.”.

5.   Regulation 16 (When must a fee be paid?)

5.1   Omit the regulation.

6.   Schedule 2 (Fees)

6.1   Items 12 and 13:

Omit the items.

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NOTES

1. Notified in the Commonwealth of Australia Gazette on 1 November 1994.

2. Statutory Rules 1990 No. 231 as amended by 1990 No. 440; 1991 No. 165; 1992 Nos. 29, 245 and 282; 1993 No. 35; 1994 Nos. 21 and 320.