Industrial Chemicals (Fees and Charges) Amendment (2024 Measures No. 1) Rules 2024

Administered by Department of Health, Disability and Ageing

Legislation au F2024L00914 Rules 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 Act 2019

 

Industrial Chemicals (Fees and Charges) Amendment (2024 Measures No. 1) Rules 2024 

 

 

The Industrial Chemicals (Fees and Charges) Amendment (2024 Measures No. 1) Rules 2024 (the Rules) makes amendments to the dollar amounts prescribed by the Industrial Chemicals (Fees and Charges) Rules 2020 for the different kinds of fees for applications under the Industrial Chemicals Act 2019.

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.

 

Subsection 180(1) of the Act provides that the Minister may make rules prescribing matters required or permitted by the Act, or necessary or convenient for carrying out or giving effect to the Act. Paragraph 167(1)(f) of the Act provides that the rules may prescribe fees for applications made under the Act, or prescribe a method for working out a fee for an application under the Act.

Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make a legislative instrument that power is to be construed as including a power, exercisable in the same manner and subject to the same conditions (if any), to amend or vary the instrument.

Consultation

A public consultation paper (as part of the Cost Recovery Implementation Statement (CRIS) 2024-25) was published on 2 April 2024 to seek stakeholder feedback on the proposed fees for services and charges. It detailed the proposed increase to fees for services by applying an indexation of 3.1%; and revised introduction value thresholds used to determine an introducer’s registration level resulting in either no increase or a reduction in levy charges for introducers with an introduction value less than $15 million, forecasted to benefit 96% of registrants.

 

A total of four (4) submissions were received from industry stakeholders (including industry associations):

         All four submissions supported the proposed increase of fees for services by an indexation of 3.1%.

         Three submissions support the revised introduction value thresholds of the existing eight-tiered registration model and the associated registration charges.

         One submission supported registration charges where reduced, but did not support the increase to the charge for level 8 introducers (those with an introduction value of $15 million or greater).

 

 

 

Commencement

 

The Rules commence on 1 September 2024.

 

General

 

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

 

Details of this instrument are set out in Attachment A.

 

This instrument is compatible with the human rights and freedoms recognised or declared under section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A full statement of compatibility is set out in Attachment B.

 


 ATTACHMENT A

 

Details of the Industrial Chemicals (Fees and Charges) Amendment (2024 Measures No. 1) Rules 2024

 

Part 1 – Preliminary

 

Section 1 – Name

 

This section provides the title of the instrument as the Industrial Chemicals (Fees and Charges) Amendment (2024 Measures No. 1) Rules 2024.

 

Section 2 – Commencement

 

The Rules commence on 1 September 2024.

 

Section 3 – Authority

 

This section provides that the Rules are made under the Industrial Chemicals 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

 

The Rules make routine annual amendments to the amounts of fees prescribed by the Industrial Chemicals (Fees and Charges) Rules 2020 (Principal Rules) for the different kinds of applications that can be made under the Act. The amount of each fee has been determined based on costing the effort and resources required for delivery of the service being applied for. No new fees for services have been prescribed by the Rules.

Item 1 – Paragraph 5(2)(b)

Item 2 – Paragraph 5(3)(e)

Item 3 – Paragraph 5(4)(e)

Items 1 to 3 amend paragraphs 5(2)(b), (3)(e) and (4)(e) of the Principal Rules to update various fees for applications made under section 31 of the Act for an assessment certificate for the introduction of an industrial chemical to reflect the 3.1% increase to all existing fees to align with the efficient cost of providing each service as part of a fee for service model.

 

Item 4 – Subsection 5(1) (cell at table item 20, column headed “Amount ($)”)

Item 5 – Amendment of listed provisions – subsection 5(1)

Item 6 – Amendment of listed provisions – subsection 5(2)

Items 4 to 6 amend items in the tables to subsections 5(1) and (2) of the Principal Rules, also to reflect the 3.1% increase to all existing fees in the tables to align with the efficient cost of providing each service as part of a fee for service model.


ATTACHMENT B

Statement of Compatibility with Human Rights

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

Industrial Chemicals (Fees and Charges) Amendment (2024 Measures No. 1) Rules 2024

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 Industrial Chemicals (Fees and Charges) Amendment (2024 Measures No. 1) Rules 2024 (the Rules) make a number of routine amendments to increase the amounts prescribed by the Industrial Chemicals (Fees and Charges) Rules 2020 (Principal Rules) for the different kinds of fees for applications under the Act.

 

Human rights implications

As the Rules do not introduce any changes to the Principal Rules other than to implement the changes outlined above, this Disallowable Legislative Instrument does not engage any of the applicable rights or freedoms. While fees are being increased, this is necessary to support the important functions of assessing various applications relating to the importation or manufacture of industrial chemicals, which in turn supports the protection of people's right to health.

 

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 (Fees and Charges) Amendment (2024 Measures No. 1) Rules 2024 is a legislative instrument introduced to update the dollar amounts prescribed by the Industrial Chemicals (Fees and Charges) Rules 2020 for various fees related to applications under the Industrial Chemicals Act 2019. The purpose of these amendments is to ensure that the fees for services reflect the current costs of providing these services as part of a fee-for-service model. This amendment was made under the authority of the Assistant Minister for Health and Aged Care and is designed to align with the policy objective of recovering the full costs of the Australian Industrial Chemicals Introduction Scheme (AICIS) from the regulated industry through fees. The policy objective is to ensure the efficient operation of the AICIS, which is crucial for the assessment of applications related to the introduction of industrial chemicals, thereby supporting the protection of public health. A public consultation was conducted as part of the Cost Recovery Implementation Statement (CRIS) 2024-25 to seek feedback on the proposed fee increases, which were set at an indexation rate of 3.1%. The consultation process included four submissions from industry stakeholders, all of which supported the proposed fee increase. The amendments will come into effect on 1 September 2024, and are consistent with the human rights and freedoms as declared under the Human Rights (Parliamentary Scrutiny) Act 2011.

Scope and Application

The Industrial Chemicals (Fees and Charges) Amendment (2024 Measures No. 1) Rules 2024 applies to the Industrial Chemicals Act 2019, which establishes the Australian Industrial Chemicals Introduction Scheme (AICIS), the national regulatory framework governing the introduction (importation or manufacture) of industrial chemicals. The Rules pertain to entities and individuals involved in the importation or manufacture of industrial chemicals, thereby impacting industries and businesses that handle such chemicals. The Rules are effective throughout Australia, as they are part of the Commonwealth's legislative framework. The amendments update the dollar amounts for fees associated with various applications under the Act, such as assessments for the introduction of industrial chemicals. The amendments do not introduce new fees but adjust existing fees by an indexation of 3.1% to reflect the efficient cost of providing each service. The Rules are compatible with human rights and freedoms as detailed in the Human Rights (Parliamentary Scrutiny) Act 2011, and no new fees are prescribed. The Rules commence on 1 September 2024.

Key Provisions

The Industrial Chemicals (Fees and Charges) Amendment (2024 Measures No. 1) Rules 2024 primarily serves to adjust the dollar amounts of fees for different kinds of applications under the Industrial Chemicals Act 2019 (section 3). These adjustments, detailed in Schedule 1, include changes to paragraphs 5(2)(b), 5(3)(e), and 5(4)(e) as well as items in the tables to subsections 5(1) and (2) of the Industrial Chemicals (Fees and Charges) Rules 2020, reflecting a 3.1% increase across all existing fees (items 1 to 6). This increase aligns with the efficient cost of providing each service within the fee for service model. It is important to note that no new fees are prescribed by these Rules. Entities and individuals governed by the Industrial Chemicals Act 2019 are required to pay the updated fees as specified in the amended Rules, ensuring the Australian Industrial Chemicals Introduction Scheme (AICIS) can continue to operate effectively. This includes those seeking assessment certificates for the introduction of industrial chemicals, among other applications. The obligation to pay these fees is part of the scheme's cost recovery policy, which ensures that the full costs of AICIS activities are recovered from the regulated industry. For breaches of the Industrial Chemicals Act 2019, including non-compliance with the amended fees, the Act provides for various offences and penalties. The severity of the penalties depends on the nature and extent of the breach. However, the specific penalties are not detailed within the explanatory statement provided. Generally, penalties can range from fines to imprisonment, depending on the seriousness of the offence. It is essential for regulated entities to ensure compliance with the updated fee requirements to avoid any potential legal repercussions.

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Area of Law
Environmental Law
Instrument
Rules
Concepts
Reporting & Disclosure Obligations
Fees and Charges
Regulatory Standards

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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.