Industrial Chemicals (Notification and Assessment) Regulations (Amendment) 1997 No. 203
EXPLANATORY STATEMENT
Statutory Rules 1997 No. 203
(Issued by the authority of the Minister for Workplace Relations and Small Business)
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 prescribing (inter alia) matters required or permitted by the Act to be prescribed or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
Subsection 4(1) of the Acts Interpretation Act 1901 provides that where an Act has been enacted but has not come into force, and that Act confers power to make a regulation, such a regulation may be made in anticipation of the commencement of that Act as if the Act had come into force.
The Industrial Chemicals (Notification and Assessment) Amendment Act 1997 (the Amendment Act) received Royal Assent on 30 June 1997. Subsection 2(2) of the Amendment Act provide that items 41, 78 and 93 of the Amendment Act commenced on a day to be fixed by Proclamation (7 August 1997). New Regulations 6AA, 9A and 9B and item 4 of Schedule 2 (Fees), were made in anticipation of the commencement of items 41, 78 and 93 of the Amendment Act (the proclamation of which was not gazetted at the time these Regulations were made). The Amendment Act evinces no intention contrary to section 4 of the Acts Interpretation Act 1901.
These regulations give effect to various matters which are required or permitted by the Act:
* prescribing the period in which a person who was a holder of a confidence about a chemical may apply for the transfer of the chemical to the confidential section of the Australian Inventory of Chemical Substances (Regulation 3);
* prescribing the information to be contained in a summary report prepared under paragraph 60F(5)(d) of the Act (Regulation 4);
* prescribing authorities of the Commonwealth, the States and the Territories for the purposes of paragraph 60F(7)(a) of the Act (Regulation 4),
* prescribing various fees under the Act (Regulations 5 - 7).
Details of the regulations are attached.
ATTACHMENT
INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT)
Regulation 1
Sub-regulation 1.1 provides for commencement of these regulations.
Regulations 6AA, 9A and 9B and item 3A of Schedule 2 (Fees) were made in anticipation of the commencement of items 41, 78 and 93 of the Amendment Act (as the proclamation of these items had not been gazetted at the time these Regulations were made). Subsection 4(1) of the Acts Interpretation Act 1901 provides that where an Act has been enacted but has not come into force, and that Act confers power to make a regulation, such a regulation May be made in anticipation of the commencement of that Act as if the Act had come into force.
The Amendment Act evinces no intention contrary to section 4 of the Acts Interpretation Act 1901.
Regulation 2
Sub-regulation 2.1 is a formal provision, providing that the Industrial Chemicals (Notification and Assessment) Regulations ('the existing Regulations') are amended as set out by these Regulations.
Regulation 3
Sub-regulation 3.1 inserts new Regulation 6AA.
New Regulation 6AA
Section 18A of the Act provides that if an industrial chemical was transferred to the non-confidential section of the Inventory under subsection 19(5), a person who was the holder of a confidence about the chemical, may within the prescribed period apply in the approved form to the Director of Chemicals Notification and Assessment for the transfer of the chemical to the confidential section.
New Regulation 6AA prescribes a period of 56 days from the date of commencement of these Regulations.
Regulation 4
Sub-regulation 4.1 inserts new Regulations 9A and 9B.
New Regulation 9A
Subsection 60F(4) of the Act (item 78 of the Amendment Act which commenced on 7 August 1997) requires the preparation of a summary report about a priority existing chemical which is to be published in the Chemical Gazette. Subsection 60F(5) sets out the content of the summary report. Paragraph 60F(5)(d) of the Act provides that the report may contain any other prescribed information.
New Regulation 9A prescribes the information in relation to paragraph 60F(5)(d)
New Regulation 9B
Subsection 60F(7) of the Act (as amended) sets out the manner in which the Director of Chemicals Notification and Assessment is to publish an assessment report about a priority existing chemical. Paragraph 60F(7)(a) of the Act provides that the report is to be published by giving a copy of it to prescribed authorities of the Commonwealth, the States and the Territories.
New Regulation 9B prescribes the relevant authorities for the Commonwealth and Western Australia.
Regulation 5
Sub-regulation 5.1 inserts new Regulation 11AAA.
New Regulation 11AAA
Paragraph 80F(d) of the Act provides that if a person who has applied for registration on the Register of Industrial Chemical Introducers wishes the application to be considered as a matter of urgency, it must be accompanied by an urgent handling fee.
New Regulation 11AAA prescribes a fee of $200 for the purposes of paragraph 80F(d).
Regulation 6
Sub-regulation 6.1 amends existing paragraphs 13(3)(a) and 13(3)(b).
Subregulation 13(3) prescribes fees for the purposes of paragraph 110(1)(p) of the Act which relates to an application for an assessment certificate for a chemical which has already been notified and assessed under an approved foreign scheme.
Paragraph 13(3)(a) prescribed a fee of $7,200 for standard applications (being an application requiring a notification statement from Parts A, B and C or Parts A, 13, C and D of the Schedule to the Act) which are lodged with an assessment report from an approved foreign scheme. Sub-regulation 6.1 reduces this fee by 10 per cent to $6,480.
Paragraph 13(3)(b) prescribed a fee of $5,900 for limited applications (being an application requiring a notification statement from Parts A and B or Parts A, B and D of the Schedule to the Act) which are lodged with an assessment report from an approved foreign scheme. Subregulation 6.2 reduces this fee by 10 per cent to $5,220.
Regulation 7
Regulation 13 provides that the fee in column 3 of an item in Schedule 2 is prescribed for the purposes of the provision of the Act specified in column 2 of that item.
Item 3 of Schedule 2 sets a fee of $600 for an application under subsection 17(3) to become the holder of a confidence about a chemical in the confidential section of the Inventory. Proposed subregulation 7.1 increases this fee to $1, 500 in line with full cost recovery.
Sub-regulation 7.2 inserts a new item 4 into Schedule 2 to prescribe a fee for the purposes of paragraph 110(1)(caaa). Paragraph 110(1)(caaa) allows a fee to be prescribed for a statement under subsection 19(6) as to why a chemical should not be removed from the confidential section of the Inventory. The paragraph is inserted by item 93 of the Amendment Act which commenced on 7 August 1997. Proposed new item 4 prescribes a fee of $1,350.
Sub-regulation 7.3 further amends Schedule 2 of the existing Regulations, which sets the level of fees for a range of matters.
Item 2 of Schedule 2 prescribed a fee of $500 for an application under subsection 17(3) being an application to become the holder of a confidence in relation to a chemical included in the confidential section of the Australian Inventory of Chemical Substances. Sub-regulation 7.3 reduces this fee by 10 per cent to $450.
Item 5 of Schedule 2 prescribed a fee of $1000 for an application under section 24 to vary the notification requirements under section 23 . Sub-regulation 7.3 reduces this fee by 10 per cent to $900.
Item 7 of Schedule 2 prescribed a fee of $6,300 for an application under section 30 for a permit allowing introduction before assessment. Sub-regulation 7.3 reduces this fee by 10 per cent to $5,670.
Item 11 of Schedule 2 prescribed a fee of $5,200 for a nomination of a foreign scheme under subsection 43(3). Sub-regulation 7.3 reduces this fee by 10 per cent to $4,680.
Item 14 of Schedule 2 prescribed a fee of $7,200 for secondary notification of a chemical required by section 65. Sub-regulation 7.3 reduces this fee by 10 per cent to $6,480.