Industrial Chemicals Charges (Customs) Act 2019
No. 18, 2019
An Act to impose charge on the registration of introducers of industrial chemicals, so far as that charge is a duty of customs
Contents
1 Short title
2 Commencement
3 Extension to external Territories
4 Act binds the Crown
5 Definitions
6 Imposition of charge
7 Amount of charge
8 Act does not impose tax on property of a State
9 Regulations
Industrial Chemicals Charges (Customs) Act 2019
No. 18, 2019
An Act to impose charge on the registration of introducers of industrial chemicals, so far as that charge is a duty of customs
[Assented to 3 April 2019]
The Parliament of Australia enacts:
1 Short title
This Act is the Industrial Chemicals Charges (Customs) Act 2019.
2 Commencement
(1) Each provision of this Act 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. Sections 1 and 2 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 3 April 2019 |
2. Sections 3 to 9 | The later of: (a) the start of the day after this Act receives the Royal Assent; and (b) immediately after the commencement of section 3 of the Industrial Chemicals Act 2019. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. | 1 July 2020 (paragraph (b) applies) |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
3 Extension to external Territories
This Act extends to every external Territory.
4 Act binds the Crown
This Act binds the Crown in each of its capacities. However, it does not bind the Crown in right of the Commonwealth.
5 Definitions
In this Act:
amount includes a nil amount.
charge means charge imposed by this Act.
industrial chemical has the same meaning as in the Industrial Chemicals Act 2019.
introduce an industrial chemical has the same meaning as in the Industrial Chemicals Act 2019.
property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
registration year has the same meaning as in the Industrial Chemicals Act 2019.
6 Imposition of charge
(1) Charge is imposed in relation to the registration of a person under section 17 of the Industrial Chemicals Act 2019 for a registration year.
(2) This section imposes charge only so far as that charge is a duty of customs within the meaning of section 55 of the Constitution.
7 Amount of charge
(1) The amount of charge payable by a person is the amount:
(a) prescribed by the regulations; or
(b) worked out in accordance with a method prescribed by the regulations.
(2) Without limiting subsection (1), the regulations may prescribe different charges or methods depending on the value of industrial chemicals introduced by the person during a registration year or a financial year.
8 Act does not impose tax on property of a State
This Act does not impose a tax on property of any kind belonging to a State.
9 Regulations
The Governor‑General may make regulations prescribing matters:
(a) required or permitted by this Act to be prescribed; or
(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.
[Minister’s second reading speech made in—
House of Representatives on 1 June 2017
Senate on 18 October 2017]
Overview
The Industrial Chemicals Charges (Customs) Act 2019 was enacted by the Parliament of Australia to address a gap in the regulatory framework concerning the registration of introducers of industrial chemicals, specifically by imposing a charge on such registrations as a duty of customs. This legislative measure aims to ensure that the regulatory obligations for introducing industrial chemicals into Australia are clearly defined and enforced. The Act came into effect on 3 April 2019, with certain provisions taking effect later, contingent upon the commencement of other related legislation. The Act extends to all external territories of Australia and binds the Crown in all its capacities except where it acts on behalf of the Commonwealth. The policy objective of the Act is to streamline the process of introducing industrial chemicals into Australia, ensuring that the financial obligations associated with such introductions are clearly delineated and implemented.
Scope and Application
The Industrial Chemicals Charges (Customs) Act 2019 applies to the registration of persons who introduce industrial chemicals, imposing a charge in relation to such registrations as a duty of customs. The Act applies to any person who is registered under section 17 of the Industrial Chemicals Act 2019 for a registration year. The geographic reach of this Act includes not only the Commonwealth but also extends to every external Territory. Furthermore, the Act binds the Crown in each of its capacities except for the Crown in right of the Commonwealth. Notably, the Act explicitly states that it does not impose a tax on property of any kind belonging to a State. The amount of the charge is determined either by the regulations or by a method prescribed by the regulations, which may vary based on the value of industrial chemicals introduced by the person during the registration year or a financial year. Subordinate instruments, in the form of regulations, may be made to prescribe further matters required or permitted by the Act, or necessary or convenient for carrying out or giving effect to the Act.
Key Provisions
The Industrial Chemicals Charges (Customs) Act 2019 (sections 1-9) imposes a charge on the registration of introducers of industrial chemicals, specifically designated as a duty of customs (section 6). This charge applies to the registration of a person under section 17 of the Industrial Chemicals Act 2019 for a given registration year. The amount of the charge is determined by regulations, which may vary based on the value of the industrial chemicals introduced by the person during the registration year or a financial year (section 7). The Act explicitly states that it does not impose a tax on property of any kind belonging to a State (section 8). Regulations under this Act may prescribe necessary details, such as the amount of the charge and methods for calculating it (section 9).
The Act imposes several obligations on the parties it governs. Firstly, it requires the introduction of industrial chemicals to be registered, as per section 17 of the Industrial Chemicals Act 2019, for which a charge will be imposed (section 6). Secondly, it mandates that the charge amount must be either prescribed by regulations or calculated according to a method prescribed by regulations, potentially varying based on the value of industrial chemicals introduced (section 7). Lastly, it places an obligation on the Governor-General to make regulations necessary or convenient for carrying out or giving effect to the Act (section 9).
There are no explicit offences, penalties, or civil/criminal consequences mentioned in the text of the Act. The Act primarily focuses on the imposition of a charge as a duty of customs and the regulatory framework for determining the charge amount. However, any breaches of related regulations or the Industrial Chemicals Act 2019 could potentially lead to penalties under those respective Acts.