Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1995 No. 81
EXPLANATORY STATEMENT
Statutory Rules 1995 No. 81
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.
These regulations extended the availability of the Administrative Appeals Tribunal (the AAT) review to a decision of the Director to remit part of a fee and removed a reference to a subregulation which has previously been omitted.
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.
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) of the Principal Regulations 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.
Regulation 17 of the Principal Regulations provides that an application may be made to the AAT for review of a decision of the Director under subregulations 14(1) or 15(1). The decision under subregulation 15(4) is based on partly subjective criteria, that is, whether the information is submitted in sufficient detail. It was therefore considered appropriate to extend the AAT review provided for in regulation 17 to the decision in subregulation 15(4).
Old regulation 14 was omitted by Statutory Rule No. 368 of 1994 and a new regulation was substituted; however, the reference to the previous subregulation 14(1) in regulation 17 was overlooked and is no longer relevant.
Subregulation 2.1 amended regulation 17 to include a reference to subregulation 15(4) and remove the reference to subregulation 14(1).
Overview
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1995 No. 81, issued under the authority of the Assistant Minister for Industrial Relations, amends the existing regulations to address specific procedural aspects of the Industrial Chemicals (Notification and Assessment) Act 1989. This amendment was made to enhance the regulatory framework by ensuring that decisions of the Director regarding the remission of fees for applications related to the assessment of priority existing chemicals are subject to review by the Administrative Appeals Tribunal (AAT). The objective is to provide a mechanism for the review of decisions that are based on partly subjective criteria, ensuring fairness and transparency in the regulatory process. Additionally, the amendment corrects an oversight by removing a reference to a subregulation that has already been omitted, thereby streamlining the regulatory text and maintaining its relevance.
The policy objective behind this amendment is to ensure that the regulatory process is fair and accessible, providing appropriate avenues for review and ensuring that the administrative decisions are subject to scrutiny. This helps in maintaining the integrity and effectiveness of the regulatory framework governing the notification and assessment of industrial chemicals in Australia.
Scope and Application
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1995 No. 81 apply to the administration and regulation of industrial chemicals in Australia under the Industrial Chemicals (Notification and Assessment) Act 1989. These regulations amend existing provisions to extend the availability of Administrative Appeals Tribunal (AAT) review to decisions made by the Director concerning the remission of fees related to the assessment of priority existing chemicals. This applies to any person or entity that has submitted an application for assessment under the Act, including manufacturers, importers, and suppliers of industrial chemicals. The amendments also correct a previous oversight by removing a reference to a subregulation that was omitted in a previous amendment, ensuring the regulations are internally consistent and legally sound. The changes have a national reach as they pertain to the administration of the Act across the Commonwealth of Australia.
These amendments do not alter the fundamental scope of the Act but refine the administrative process for fee remissions and appeals, enhancing the procedural fairness for applicants. The Act applies to any industrial chemical that requires notification or assessment under the regulatory framework, impacting industries involved in the production, importation, or supply of such chemicals. The geographic reach is national, encompassing all states and territories of Australia. There are no stated exclusions or exemptions in these amendments, and they do not introduce new thresholds for the application of the Act. The regulations extend the application of the Act through subordinate instruments by amending existing regulations to include new provisions and correct previous errors, ensuring the regulatory framework operates effectively and efficiently.
Key Provisions
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1995, No. 81, introduces changes to the existing regulations under the Industrial Chemicals (Notification and Assessment) Act 1989. One of the key provisions of these regulations is found in subregulation 15(4), which allows the Director to remit 10 per cent of the fee paid for an application for the assessment of a priority existing chemical if the applicant provides the necessary information in sufficient detail and within the specified time limit (subsection 58(3)). This amendment ensures that the Director has the flexibility to consider the completeness and quality of the information submitted by applicants, which is crucial for the proper assessment of chemicals.
These regulations impose obligations on applicants to provide detailed information as required by the Director, within the stipulated timeframes. Failure to provide the necessary information in a timely manner may result in the Director not remitting any part of the fee, as per subregulation 15(4). Furthermore, applicants must be aware that their applications may now be subject to review by the Administrative Appeals Tribunal (AAT) if they challenge a decision of the Director to remit part of the fee. This is a significant change, as previously, such decisions were not subject to AAT review (regulation 17).
The amendments also address the oversight of an outdated reference in regulation 17, which previously referred to subregulation 14(1) that was omitted by Statutory Rule No. 368 of 1994. Subregulation 2.1 now corrects this oversight by updating regulation 17 to include a reference to subregulation 15(4) and removing the reference to subregulation 14(1). These changes are intended to ensure the regulations are accurate and relevant to the current legislative framework.
In terms of enforcement and consequences, the regulations do not explicitly outline specific offences or penalties for breaches. However, the provisions regarding fee remission and AAT review suggest that non-compliance with the requirements for information submission could result in financial implications for applicants, as they may not receive a fee remission. Additionally, any disputes regarding the Director's decisions on fee remission could lead to proceedings before the AAT, which may result in a review or overturning of the Director's decision. The exact penalties for non-compliance would depend on the specific circumstances and any applicable laws or regulations outside of these amendments.