Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 454
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 454
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 19 of the Act provides for the transfer of industrial chemicals from the confidential section to the non-confidential section of the Australian Inventory of Chemical Substances. Subsection 19(7) of the Act provides that a statement may be given to the Director of Chemicals Notification and Assessment, setting out reasons why a chemical should not be transferred.
Paragraph 110(1)(c) of the Act provides in part that the regulations may prescribe fees in respect of a statement under subsection 19(7).
Item 3 of Schedule 2 of the Industrial Chemicals (Notification and Assessment) Regulations (the Regulations) previously prescribed a fee of $1000 in relation to a statement under subsection 19(7) of the Act.
Following industry concerns at the level of this fee, it was been reviewed.
A revised fee of $600 is now prescribed, on the basis of 100% cost recovery.
Subregulation 2.1 amends Item 3 of Schedule 2 to the Regulations to provide for an amended fee of $600.
Overview
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 454 is an amendment to the existing regulations under the Industrial Chemicals (Notification and Assessment) Act 1989. Enacted by the authority of the Assistant Minister for Industrial Relations, this amendment was introduced to address industry concerns regarding the fee prescribed for statements opposing the transfer of industrial chemicals from the confidential to the non-confidential section of the Australian Inventory of Chemical Substances. The policy objective of this amendment is to revise the fee structure to better reflect cost recovery, reducing the fee from $1000 to $600. This adjustment aims to align the fee with the actual costs incurred while maintaining the regulatory framework's integrity and responsiveness to industry feedback.
Scope and Application
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 454 applies to the Industrial Chemicals (Notification and Assessment) Act 1989, specifically addressing the fees associated with statements regarding the transfer of industrial chemicals from the confidential to the non-confidential section of the Australian Inventory of Chemical Substances. This amendment pertains to industry stakeholders, including chemical manufacturers and suppliers, who must comply with the notification and assessment requirements stipulated by the Act. The scope of the regulation is nationwide, applying across all states and territories within Australia, thereby establishing a uniform approach to the assessment and notification of industrial chemicals. The Act does not specify any exclusions or exemptions; however, the fee adjustment is intended to reflect a 100% cost recovery basis. Subregulation 2.1 of the amended Regulations reduces the fee for a statement under subsection 19(7) of the Act from $1000 to $600, a change implemented in response to industry feedback. This amendment is an example of how subordinate instruments can be used to adjust regulatory requirements in line with stakeholder input and economic considerations.
Key Provisions
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 454 primarily revises the fee structure associated with statements submitted to the Director of Chemicals Notification and Assessment regarding the transfer of industrial chemicals. Under the original regulations, a fee of $1000 was required for such statements (Regulations, Schedule 2, Item 3). This has been amended to a new fee of $600, reflecting a review based on 100% cost recovery (Regulations, Schedule 2, Item 3, as amended by subregulation 2.1).
These amendments impose new financial obligations on parties seeking to prevent the transfer of certain chemicals from the confidential to the non-confidential section of the Australian Inventory of Chemical Substances. Specifically, any party now needs to pay a fee of $600 when submitting a statement to the Director of Chemicals Notification and Assessment, outlining reasons why a chemical should remain confidential (Regulations, Schedule 2, Item 3, as amended by subregulation 2.1). This change ensures that the fee is aligned with the actual costs incurred by the regulatory body in processing such statements.
Failure to comply with the new fee requirement could potentially lead to administrative penalties or other consequences as stipulated by the overarching Act. However, the specific penalties for non-compliance are not detailed in the explanatory statement or the amendment itself. It is important for parties to adhere to the new fee structure to avoid any potential repercussions, as the regulations are designed to streamline the process of chemical classification and inventory management within Australia.