Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1992 No. 282
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 282
(Issued by the Authority of the 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 55 of the Act deals with applications for the assessment of priority existing chemicals. Regulation 14 of the Industrial Chemicals (Notification and Assessment) Regulations (the Regulations) enables the Director of the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) to reduce the amount of the fee payable for each application.
The regulations reduce the administrative and regulatory inconvenience to industry by removing the requirement that the fees for two or more applications under section 55 of the Act be paid at the time at which the applications are lodged. The regulations overcome this previous requirement because the fee payable for an application is not payable at the time the application is made but only after the Director has advised an applicant in writing of the amount of the reduction.
Subregulation 14(3A) requires the Director of NICNAS to tell each of the applicants whether the fee payable is to be reduced and the amount of the reduction.
Subregulation 16(1), which is subject to subregulation 16(2), requires a fee prescribed under regulation 13 to be paid at the time at which the application, statement, nomination or notification is lodged.
Subregulation 16(2) provides that, in the case of two or more applications under section 55 of the Act, the fee for each of the applications is to be paid no later than 14 days after the Director has, in accordance with subregulation 14(3A), told the applicant in writing of the amount of the fee required.
Overview
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1992 No. 282, issued under the authority of the Minister for Industrial Relations, amends the Industrial Chemicals (Notification and Assessment) Regulations 1989. The amendment aims to address the administrative and regulatory inconvenience experienced by industry when required to pay fees for multiple applications under section 55 of the Act at the time of application submission. This change seeks to streamline the process by allowing the fee to be payable only after the Director of the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) advises the applicant in writing of the amount of the reduction. This amendment does not alter the substance of the original Act but seeks to make the regulatory process more efficient and less burdensome for applicants.
Scope and Application
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1992 No. 282, issued under the authority of the Minister for Industrial Relations, pertains to the Industrial Chemicals (Notification and Assessment Act 1989. The Act and its amendments govern the assessment and notification of industrial chemicals in Australia. The regulations specifically address applications for the assessment of priority existing chemicals, as outlined in section 55 of the Act. This includes modifying the fee structure for such applications, as regulated by regulation 14 of the Industrial Chemicals (Notification and Assessment) Regulations, which allows the Director of the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) to adjust the fees payable for applications. The amendment reduces administrative burdens by allowing fees to be paid after the Director advises the applicant of any reductions, rather than at the time of application lodging. These regulations apply nationally across Australia, impacting entities and individuals involved in the industrial chemicals sector. However, specific exclusions or exemptions are not detailed in the provided text, and any further limitations or conditions would be determined by the subordinate regulations or guidelines issued under the Act.
Key Provisions
The primary changes introduced by the Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1992 (No. 282) relate to the fee payment structure for applications concerning the assessment of priority existing chemicals under Section 55 of the Industrial Chemicals (Notification and Assessment) Act 1989. Regulation 14 of the original Regulations has been amended to allow for a reduction in the amount of the fee payable for each application. This amendment removes the requirement for applicants to pay fees at the time of lodging applications, instead stipulating that fees are only payable after the Director of the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) informs the applicant in writing of any reduction.
Under the amended Regulation 14, subregulation 14(3A) mandates that the Director must notify each applicant in writing regarding any reduction in the fee payable and the exact amount of the reduction. This ensures transparency and allows applicants to plan their financial commitments accordingly. Subregulation 16(1) stipulates that, generally, fees prescribed under regulation 13 must be paid at the time the application, statement, nomination, or notification is lodged. However, subregulation 16(2) specifies that in the case of two or more applications under Section 55, the fee for each application must be paid no later than 14 days after the Director provides written notification of the required fee amount.
The Regulations impose several obligations on the parties involved. Firstly, the Director of NICNAS must ensure that all applicants are informed in writing of any fee reductions and the exact amount of these reductions, as per subregulation 14(3A). This communication must occur before the fees are payable, allowing applicants to budget appropriately. Secondly, applicants are required to pay the specified fees within 14 days of receiving the Director’s notification under subregulation 16(2). This timeline ensures that the administrative process is streamlined and reduces the administrative burden on industry.
Failure to comply with the fee payment requirements may result in legal consequences. While the Explanatory Statement does not explicitly outline specific penalties for non-compliance, breaches of regulations typically attract administrative actions under the Act. These may include fines, administrative penalties, or other enforcement measures to ensure compliance. The precise penalties would depend on the specific provisions of the Industrial Chemicals (Notification and Assessment) Act 1989 and the applicable administrative guidelines or regulations.