Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1992 No. 29
EXPLANATORY STATEMENT
Statutory Rules 1992 No. 29
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. Amending regulation 2 omitted and substituted a new regulation 14. It enables the Director of the National Industrial Chemicals Notification and Assessment Scheme (the Director) to reduce fees where there are two or more applications under section 55 of the Act, in relation to the same chemical. In deciding the amount of any reduction the Director is required to take into account the saving in time and resources required to assess the chemical because the applications relate to the same chemical. The fees must not be reduced beyond the amount payable in relation to one application. It does not effect the late fee payable in an application under subsection 55(2) of the Act.
Amending regulation 3 amended regulation 15 by inserting new subregulations. They require the Director to take into account the cost of any completed phase of the process of assessing or deciding the application, statement, nomination or notification in determining whether to remit fees that would otherwise be payable. If the application, statement, nomination or notification is withdrawn prior to consideration then 90 per cent of the prescribed fee paid is to be refunded.
Amending regulation 4 added a new regulation 17. This enables an application to be made to the Administrative Appeals Tribunal to review a decision of the Director made under regulations 14 and 15.
Overview
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1992 No. 29, issued by the Authority of the Minister for Industrial Relations, amend the Industrial Chemicals (Notification and Assessment) Regulations 1989. This legislation was enacted to address the need for a more efficient and cost-effective process in the assessment of industrial chemicals in Australia. The Industrial Chemicals (Notification and Assessment) Act 1989 aims to regulate the introduction and use of industrial chemicals by requiring notification and assessment to ensure they do not pose unacceptable risks to human health or the environment. The policy objective of these amendments is to streamline the administrative processes and reduce the financial burden on applicants by allowing for reduced fees under certain conditions and providing a mechanism for reviewing fee-related decisions.
Scope and Application
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1992 No. 29 applies to entities and individuals involved in the notification and assessment of industrial chemicals in Australia. The regulations amend the existing framework under the Industrial Chemicals (Notification and Assessment) Act 1989, affecting the processes and fees associated with applications for the assessment of priority existing chemicals. These amendments specifically target the Director of the National Industrial Chemicals Notification and Assessment Scheme, allowing for fee reductions in certain circumstances and providing mechanisms for fee remission based on the costs incurred in the assessment process. Additionally, these regulations introduce the ability to seek review of certain decisions made by the Director through the Administrative Appeals Tribunal. The amendments are applicable nationally, extending the regulatory reach across Australia, and do not introduce any specific exclusions or exemptions beyond those already outlined in the principal Act. The application of these regulations is further extended and defined through subordinate instruments, which provide detailed procedural and operational guidelines.
Key Provisions
The key operative sections of the Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1992 No. 29 (the Amendment) pertain to fee adjustments and the process for reviewing decisions made by the Director under the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act). Regulation 14 (subsection 55 of the Act) allows the Director to reduce fees for applications relating to the same chemical, taking into account the time and resources saved by considering the applications together (section 111 of the Act). Regulation 15 requires the Director to consider the costs of any completed phase of the assessment process when deciding whether to remit fees, and mandates a 90% refund if an application is withdrawn before consideration. Regulation 17 introduces a mechanism for the Administrative Appeals Tribunal to review decisions made by the Director under regulations 14 and 15.
The Amendment imposes several obligations on the Director and applicants. The Director must assess the potential savings in time and resources when multiple applications for the same chemical are submitted and must not reduce fees below the amount payable for a single application (regulation 14). Additionally, the Director is required to consider the costs associated with any completed phases of the assessment process when deciding whether to remit fees, and must provide a 90% refund if an application is withdrawn prior to consideration (regulation 15). Applicants must ensure their submissions comply with the conditions set out in the regulations, particularly regarding the withdrawal of applications and the potential for fee adjustments.
Failure to comply with the provisions of the Amendment may result in civil or administrative consequences. For instance, if the Director does not properly assess and adjust fees according to the regulations, this could lead to disputes or appeals being lodged with the Administrative Appeals Tribunal. While the Amendment does not explicitly outline criminal or civil penalties for non-compliance, breaches of the regulations could potentially result in legal challenges or the overturning of decisions made by the Director, which could lead to financial implications or delays in the assessment process. The Act and its associated regulations aim to ensure a fair and efficient system for the notification and assessment of industrial chemicals, and any deviations from these provisions could have significant consequences for all parties involved.