Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 368
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 368
(Issued by the Authority of the Assistant Minister for Industrial Relations)
Industrial Chemicals (Notification and Assessment) Act 1989
Industrial Chemicals (Notification and Assessment) Regulations (Amendment)
Section 111 of the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 110 of the Act provides that the regulations may prescribe fees, or a method of calculating fees, to be paid to the Commonwealth in respect of a variety of applications, notifications and other actions under the Act.
The new fees set by this amendment reflect a 50% cost-recovery.
Subsection 55(1) of the Act provides that an application may be made for an assessment of a priority existing chemical. Subsection 55(2) makes separate provision for a late application for an assessment. Items 12 and 13 of Schedule 2 (the Schedule) to the Regulations formerly prescribed the fees payable for applications made under subsections 55(1) and 55(2) respectively.
Items 12 and 13 of the Schedule are omitted by regulation 6. Regulations 12A, 12B and 12C, establish a new method for determining the amount and method of payment of the fee payable for an application for an assessment of a priority existing chemical.
Several applications for assessment may be made in respect of a priority existing chemical. Applications can be made by a single person, or jointly, by several persons. The fee payable in respect of each application was $25,000 (and $28,000 for a late application) with the Director having a discretion under regulation 14 to reduce the fee where more than one application is made. Regulation 12A establishes a formula for calculating the fee payable for an application under subsections 55(1) and 55(2) so that the total fee for all applications is divided consistently and equitably between each person making an application.
The fee for an application under subsection 55(1) is determined by the formula n[(a t) + b] where "n" is the number of people making that application, "a" is $30,000 for a limited assessment, or $60,000 for a standard assessment, "t" is the total number of persons (in all applications) applying for the assessment of the priority existing chemical, and "b" is $2,500.
A limited assessment is an assessment that takes into account only one of the matters specified in paragraphs 32(2)(c), (d), (e) and (f) of the Act. A standard assessment is any other assessment.
In relation to a late application under subsection 55(2) of the Act, new subregulations 12A(2) and 12A(3) provide that the fee is the amount set for an application in subregulation 12A(1) plus $3,000. The additional fee reflects the cost to the Director of recalculating fees and refunding any overpayments in respect of applications previously received.
Subregulation 12B(1) requires the Director to calculate the amount of the fee payable for each application for an assessment of a priority existing chemical after the 28 day period for applications prescribed for in subsection 55(1) has elapsed.
Subregulation 12B(2) requires the Director, on receiving a late application, to calculate the fee payable for that late application, and recalculate the fee payable for any other application or late application already received.
Subregulation 12B(3) requires the Director to inform each applicant of the fee calculated or recalculated under subregulation 12B(1) or 12B(2).
Subregulation 12C(1) provides that the fee must be paid within 14 days of the applicant being informed, pursuant to proposed regulation 12B(3), of the amount due. Subregulation 12C(2) provides that where a person pays a fee for an application, and as a result of a subsequent application, the fee payable is reduced, the Director must refund the difference to the person as soon as possible.
As noted above, regulation 14 provided for the reduction of a fee for an application for assessment of a priority existing chemical where there is more than one application. As a result of the new method of calculating fees this regulation is no longer relevant has been omitted.
Regulation 16 specified the time at which all fees prescribed under the Act are to be paid. The time for payment in respect of applications under subsections 55(1) and 55(2) is now prescribed in regulation 12C. Regulation 16 has been omitted.
As far as they remain relevant, the provisions of regulation 16 are now found at regulation 14 and provide that the fees prescribed under regulation 13 (not being applications for assessment of a priority existing chemical) are to be paid at the time of lodgement of the relevant application, statement, nomination or notification.
Subsection 58(3) of the Act provides that the Director may require certain information to be given to allow the proper assessment of the chemical. Subregulation 15(4) allows the Director to remit 10 per cent of the fee paid in relation to an application under subsections 55(1) or 55(2) of the Act where the applicant supplies the information required under subsection 58(3) in sufficient detail and within the specified time limit.