Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 320
EXPLANATORY STATEMENT
Statutory Rules 1994 No. 320
(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 the 50% cost-recovery target of the National Industrial Chemicals Notification and Assessment Scheme..
Subregulation 13(2) of the Industrial Chemicals (Notification and Assessment) Regulations (the Regulations) prescribed fees for an application for an assessment certificate under section 23 of the Act depending on the level of notification required by the Act. Subparagraph 13(2)(a) prescribed a fee of $8,000 in relation to applications requiring notification in accordance with Parts A, B, C and D or Parts A, B and C of the Schedule to the Act. Subparagraph 13(2)(b) prescribed a fee of $4,500 in relation to applications requiring a lesser level of notification (in accordance with Parts A, B and D or Parts A and B of the Schedule to the Act). Reflecting the cost of this assessment the fees prescribed are $6,700 and $5,600 respectively.
Item 3A of the Schedule to the Regulations prescribed a fee of $500 for an application for a commercial evaluation permit under section 21 B of the Act. This fee is now $1,000.
Item 3B of the Schedule prescribed a fee of $500 for an application for a chemical to be included in the Australian Inventory of Chemical Substances under section 20C of the Act. This fee is now $1,000.
Section 30 of the Act provides for a permit to be granted to allow a person (who has applied for an assessment certificate for a chemical) to import or manufacture that chemical prior to the giving of an assessment certificate. Item 7 of the Schedule prescribed a fee of $4,000 for an application for an introduction permit. This fee is now $3,000.
Section 65 of the Act provides that in certain circumstances the Director must require the secondary notification of the chemical. Item 14 of the Schedule prescribed a fee of $4,500 for a secondary notification under section 65 of the Act. This fee is now $3,500.
Section 21R of the Act establishes a permit system to allow persons to introduce an industrial chemical without an assessment certificate provided that the amounts introduced are less than 100 kilograms. Item 15 of the Schedule prescribed a fee of $500 for an application for a low volume permit. This fee is now $1,000.
Overview
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 320 was enacted to align the fees associated with the notification and assessment of industrial chemicals under the Industrial Chemicals (Notification and Assessment) Act 1989 with the 50% cost-recovery target of the National Industrial Chemicals Notification and Assessment Scheme. The amendment was issued by the Assistant Minister for Industrial Relations under the authority of section 111 of the Act, which empowers the Governor-General to make regulations for the purposes of the Act. The policy objective of this amendment is to ensure that the fees reflect the actual cost of the services provided, thereby supporting the financial sustainability of the regulatory scheme. The fees for various applications and notifications under the Act were adjusted to achieve this cost-recovery target, including fees for assessment certificates, commercial evaluation permits, inclusion in the Australian Inventory of Chemical Substances, introduction permits, secondary notifications, and low volume permits.
Scope and Application
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 320 applies to entities and individuals involved in the manufacture, importation, or notification of industrial chemicals in Australia, as governed by the Industrial Chemicals (Notification and Assessment) Act 1989. This amendment specifically revises the fees associated with various applications and notifications required under the Act, aligning them with a 50% cost-recovery target of the National Industrial Chemicals Notification and Assessment Scheme. The regulations apply across Australia and govern transactions involving industrial chemicals, regardless of the jurisdiction within which they occur. These fees apply to applications for assessment certificates, commercial evaluation permits, inclusion in the Australian Inventory of Chemical Substances, introduction permits, secondary notifications, and low volume permits. The amended fees reflect updated cost considerations and are designed to ensure that the scheme remains financially sustainable while supporting its regulatory objectives.
Key Provisions
The key operative sections of the Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 320 pertain to the amendment of fees prescribed under the Industrial Chemicals (Notification and Assessment) Regulations. Specifically, section 110 of the Act allows for the regulation of fees related to various actions under the Act, and this amendment reflects a 50% cost-recovery target for the National Industrial Chemicals Notification and Assessment Scheme. For instance, subregulation 13(2) of the Regulations, which previously set fees for assessment certificate applications at $8,000 and $4,500, now sets these fees at $6,700 and $5,600 respectively (subsection 13(2)(a) and (b)). Similarly, fees for other applications such as a commercial evaluation permit, inclusion in the Australian Inventory of Chemical Substances, introduction permits, secondary notifications, and low volume permits have been adjusted to reflect current cost recovery measures.
The obligations and requirements imposed by these regulations on parties or entities include adherence to the updated fee structure when applying for various chemical-related permits and notifications. This involves ensuring that the correct fees are paid as per the amended regulations. For example, an entity seeking an assessment certificate must now pay $6,700 if the application requires notification in accordance with Parts A, B, C and D, or Parts A, B and C of the Schedule to the Act, rather than the previous $8,000. Likewise, fees for other applications, such as those for a commercial evaluation permit or a chemical to be included in the Australian Inventory of Chemical Substances, must now be set at $1,000 instead of $500.
The Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1994 No. 320 also outline potential civil and criminal consequences for non-compliance. If an entity fails to pay the correct fees as prescribed by the amended regulations, it may be deemed to have not properly fulfilled the application requirements, potentially leading to delays or refusals in processing. The regulations do not explicitly state maximum penalties for non-compliance, but such breaches could lead to administrative actions or legal proceedings under the Industrial Chemicals (Notification and Assessment) Act 1989. Therefore, it is imperative for entities to comply with the updated fee structure to avoid any disruptions in their chemical-related activities.