Industrial Chemicals Charges (Customs) Amendment Regulations 2022

Administered by Department of Health, Disability and Ageing

Legislation au F2022L01077 Regulations Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued under the authority of the Assistant Minister for Health and Aged Care

 

Industrial Chemicals Charges (Customs) Act 2019

 

Industrial Chemicals Charges (Customs) Amendment Regulations 2022

 

 

The Industrial Chemicals Charges (Customs) Amendments Regulations 2022 (the Regulations) reduce registration charge amounts set out in the 2022-23 Cost Recovery Implementation Statement (CRIS) for the Australian Industrial Chemicals Introduction Scheme (AICIS) from 1 September 2022.

 

Authority

The Industrial Chemicals Act 2019 (the Act) establishes the Australian Industrial Chemicals Introduction Scheme (AICIS), the national regulatory framework for the introduction (importation or manufacture) of industrial chemicals.

 

Section 13 of the Act provides that a person who introduces (imports or manufactures) an industrial chemical must be registered with AICIS.  Section 20 of the Act provides that a person who is registered under the Act is liable to pay a registration charge.  Paragraph 21(a) of the Act provides that the amount of registration charge payable by a person in relation to a registration year is the amount prescribed by regulations made under the Industrial Chemicals Charges (Customs) Act 2019 (the IC Charges (Customs) Act), so far as the charge is a duty of customs.

 

Section 9 of the IC Charges (Customs) Act provides that the Governor-General may make regulations prescribing matters required or permitted by this Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to this Act.

 

The Industrial Chemicals Charges (Customs) Regulations 2020 (the principal Regulations) prescribes the amount of registration charge payable by a person in relation to registration under the IC Act, so far as the charge is a duty of customs, for the purposes of section 7 of the IC Charges (Customs) Act. The principal Regulations set out an eight-level charging structure where the amount of registration charge payable is based on the value of relevant industrial chemicals introduced by the person in the previous financial year

 

Purpose

The purpose of the Industrial Chemicals Charges (Customs) Amendment Regulations 2022 (proposed Regulations) is to reduce the amount of registration charge within the existing eight-level charging structure prescribed in the principal Regulations from 1 September 2022.

 

Background

It is government policy that the full costs of AICIS activities are recovered from the regulated industry through fees for services and charges.

 


Consultation

A draft CRIS was published for public consultation in June 2022 demonstrating how regulatory charging has been developed to comply with the Australian Government Charging Framework and Cost Recovery Guidelines. It also detailed the proposed regulatory charges (a reduction to registration charge amounts by approximately 8%) from 1 September 2022. A total of two submissions were received during the four-week consultation period from industry stakeholders (including an industry association). All submissions were considered in finalising the CRIS which includes a summary of main stakeholder views and corresponding responses. The CRIS was approved by the Assistant Minister for Health and Aged Care in August 2022 and published on the AICIS website.

 

Details of the Regulations are set out in the Attachment.

 

The Act specifies no conditions that need to be satisfied before the power to make the Regulations may be exercised. The Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

 

The Regulations commence on 1 September 2022.


ATTACHMENT

 

Details of the Industrial Chemicals Charges (Customs) Amendment Regulations 2022

 

Part 1 – Preliminary

 

Section 1 - Name of Regulations

 

This section provides that the title of the Regulations is the Industrial Chemicals Charges (Customs) Regulations 2022.

 

Section 2 - Commencement

 

This section provides for the Regulations to commence on 1 September 2022

 

Section 3 - Authority

 

This section provides that the Industrial Chemicals Charges (Customs) Amendment Regulations 2022 is made under the Industrial Chemicals Charges (Customs) Act 2019.

 

Section 4 - Schedules

 

This section provides that each instrument that is specified in a Schedule to this 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.

Schedule 1 - Amendments

 

Industrial Chemicals Charges (Customs) Regulations 2020

 

Item [1] - subsection 5(2)

 

Subsection 5(2) of the principal Regulations sets out the amount of registration charge that persons must pay in order to introduce industrial chemicals into Australia. The amount of the registration charge is based on an 8-level system determined in accordance with the value of the relevant industrial chemicals introduced by a person in the financial year preceding the registration year, with persons who introduce industrial chemicals of higher total value for a year, paying a higher charge. This item reduces the amount of registration charge for each level (except level 1 which has a nil registration charge) maintaining the existing 8-level system from 1 September 2022 as set out in the approved AICIS CRIS 2022-23.


Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Industrial Chemicals Charges (Customs) Amendment Regulations 2022

 

This Disallowable Legislative Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

 

Overview of the Disallowable Legislative Instrument

The Industrial Chemicals Act 2019 (the Act) establishes the Australian Industrial Chemicals Introduction Scheme (AICIS), the national regulatory framework for the introduction (importation or manufacture) of industrial chemicals.

 

It is government policy that the full costs of AICIS activities are recovered from the regulated industry through fees for services and charges.

 

The purpose of the Regulations is to amend the Industrial Chemicals Charges (Customs) Regulations 2020 (the principal Regulations) to reduce the amount of registration charge (by approximate 8%) payable by a person in relation to registration under the Act, so far as the charge is a duty of customs, for the purposes of section 7 of the IC Charges (Customs) Act. The Regulations maintain the existing eight-level charging structure where the amount of registration charge payable is based on the value of relevant industrial chemicals introduced by the person in the previous financial year.

 

 

Human rights implications

As the Regulations do not introduce any changes to the principal Regulations other than to implement the changes outlined above, this Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms.

 

Conclusion

This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.

 

The Hon Ged Kearney MP

 

Assistant Minister for Health and Aged Care

Overview

The Industrial Chemicals Charges (Customs) Amendment Regulations 2022 (the Regulations) were enacted to reduce the registration charge amounts set out in the 2022-23 Cost Recovery Implementation Statement (CRIS) for the Australian Industrial Chemicals Introduction Scheme (AICIS) from 1 September 2022. These Regulations were made under the authority of the Assistant Minister for Health and Aged Care and are consistent with the Industrial Chemicals Act 2019, which established AICIS as the national regulatory framework for the introduction (importation or manufacture) of industrial chemicals. The policy objective of the Regulations is to ensure that the full costs of AICIS activities are recovered from the regulated industry through fees for services and charges, while also maintaining an eight-level charging structure for registration charges based on the value of relevant industrial chemicals introduced by a person in the previous financial year. The Regulations amend the Industrial Chemicals Charges (Customs) Regulations 2020, reducing the amount of registration charge payable by approximately 8% for the purposes of section 7 of the Industrial Chemicals Charges (Customs) Act 2019. The changes outlined in the Regulations were developed to comply with the Australian Government Charging Framework and Cost Recovery Guidelines, and followed a public consultation process in June 2022. The approved CRIS was published on the AICIS website, and the Regulations have been designed to implement the changes detailed in the CRIS from 1 September 2022. The Regulations are a legislative instrument for the purposes of the Legislation Act 2003 and are compatible with human rights as they do not engage any of the applicable rights or freedoms.

Scope and Application

The Industrial Chemicals Charges (Customs) Amendment Regulations 2022 apply to any person or entity that is required to register under the Industrial Chemicals Act 2019 for the introduction of industrial chemicals into Australia. This includes businesses and individuals involved in the importation or manufacture of industrial chemicals and who are subject to the Australian Industrial Chemicals Introduction Scheme (AICIS). The Regulations adjust the registration charges for these entities as stipulated in the 2022-23 Cost Recovery Implementation Statement (CRIS) for AICIS, effective from 1 September 2022. These amendments are made under the authority of the Industrial Chemicals Charges (Customs) Act 2019, and they modify the existing eight-tiered registration charge structure based on the value of relevant industrial chemicals introduced in the previous financial year. The Regulations cover all jurisdictions within Australia, ensuring a consistent approach to the registration charges across the country. No specific exclusions, exemptions, or thresholds are outlined in the Regulations themselves, though they operate within the broader legislative framework provided by the Industrial Chemicals Act 2019 and the Industrial Chemicals Charges (Customs) Act 2019. The application and enforcement of these Regulations can be further detailed through subordinate instruments as necessary.

Key Provisions

The Industrial Chemicals Charges (Customs) Amendment Regulations 2022 (the Regulations) set out a reduction in the registration charge amounts for the Australian Industrial Chemicals Introduction Scheme (AICIS), effective from 1 September 2022 (s 2). These Regulations amend the Industrial Chemicals Charges (Customs) Regulations 2020 (the principal Regulations) to lower the registration charges for individuals and entities involved in the introduction of industrial chemicals in Australia. The registration charges remain structured across eight levels, with the amount payable based on the value of the relevant industrial chemicals introduced in the previous financial year (s 5(2)). Under the Industrial Chemicals Act 2019 (the Act), any person who introduces industrial chemicals into Australia must be registered with AICIS (s 13) and is liable to pay a registration charge (s 20). The amount of the registration charge is prescribed by regulations made under the Industrial Chemicals Charges (Customs) Act 2019 (s 21(a)). The Regulations, made under the authority of the Assistant Minister for Health and Aged Care, adjust these prescribed amounts to reflect a reduction of approximately 8%, as approved in the 2022-23 Cost Recovery Implementation Statement (CRIS). The changes aim to ensure that the full costs of AICIS activities are recovered from the regulated industry through fees and charges (Attachment). The Regulations do not impose any new obligations beyond those already stipulated in the Act and the principal Regulations. They merely adjust the financial burden on registrants by reducing the registration charges. This adjustment is intended to align with government policy for cost recovery and ensure compliance with the Australian Government Charging Framework and Cost Recovery Guidelines. There are no specific offences or penalties outlined in the Regulations themselves. However, non-compliance with the Act or the Regulations could potentially lead to civil or criminal penalties. For instance, failure to register with AICIS or pay the prescribed registration charge could result in fines or other legal consequences as stipulated in the Industrial Chemicals Act 2019. The exact penalties would depend on the specific breach and relevant provisions of the Act. The Regulations focus primarily on modifying the charge structure rather than introducing new enforcement mechanisms.

Legal classification tags

Area of Law
Environmental Law
Instrument
Regulation
Concepts
Regulatory Standards
Reporting & Disclosure Obligations
Regulatory Charges

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.