Commonwealth Consolidated Regulations

INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS 1990 - REG 15

         (1)   Subject to subregulations (2) and (3), if:

                (a)    an application, statement, nomination or notification has been lodged and the prescribed fee has been paid; and

               (b)    the application, statement, nomination or notification is withdrawn before:

                          (i)    the Minister:

                                   (A)     has granted a permit under section 30 of the Act; or

                                   (B)     has approved a foreign scheme under subsection 43 (3) of the Act; or

                         (ii)    the Director:

                                   (A)     has made a decision in relation to an application under subsection 14 (3), 17 (3) or 19 (7) or section 25, 29, 37, 40, 42, 45, 50, 60, 66 or 89 of the Act; or

                                   (B)     has given an assessment certificate under section 39 of the Act; or

                                   (C)     has given an authorisation under section 22 of the Act; or

                                   (D)     has waived or varied a requirement under section 24 of the Act; or

                                   (E)     has published a notice under section 65 of the Act;

the Director may, if he or she thinks fit, remit any part or the whole of the fee paid in respect of that application, statement, nomination or notification.

         (2)   In exercising a discretion under subregulation (1), the Director must take into account the cost of any completed phase of the process of assessing or deciding the application, statement, nomination or notification.

         (3)   If an application, statement, nomination or notification to which paragraph (1) (a) applies is withdrawn before consideration of it has begun:

                (a)    subregulation (1) does not apply; and

               (b)    90% of the prescribed fee paid on the application, statement, nomination or notification must be repaid to the person or persons who paid it.

         (4)   The Director may remit 10% of the fee paid in respect of an application under subsection 55 (1) or (2) of the Act if the information required to be given to the Director in relation to a chemical under subsection 58 (3) of the Act:

                (a)    is submitted at or before the end of the period specified in relation to the chemical under subsection 58 (4) of the Act; and

               (b)    is given in sufficient clarity and detail to allow proper assessment of the chemical.

         (5)   The Director may remit 15% of the fee paid for an application under section 23 of the Act if satisfied that the applicant has submitted with the application a draft assessment report, for the chemical, that contains:

                (a)    a determination under section 32 of the Act that takes into account the matters mentioned in subsection 32 (2) of the Act; and

               (b)    the summary and recommendations mentioned in section 33 of the Act.

         (6)   The Director may remit up to 40% of the fee paid for an application under section 23 of the Act if satisfied that the applicant has submitted with the application an assessment of the chemical:

                (a)    by the Therapeutic Goods Administration under the Therapeutic Goods Act 1989 ; or

               (b)    by the Australian Pesticides and Veterinary Medicines Authority under the Agricultural and Veterinary Chemicals Code Act 1994 ; or

                (c)    by Food Standards Australia New Zealand under the Food Standards Australia New Zealand Act 1991 ; or

               (d)    by a chemicals notification and assessment scheme operating in a member country of the European Union or the Organisation for Economic Co-operation and Development.

         (7)   The Director may remit:

                (a)    up to 40% of the fee paid for an application under section 23 of the Act if satisfied that:

                          (i)    the applicant has submitted with the application an assessment of a chemical prepared under section 32 of the Act; and

                         (ii)    the chemical is similar to the chemical that has been assessed under section 32 of the Act; and

               (b)    up to a further 20% of the fee paid for an application under section 23 of the Act if satisfied that the chemical has the same, or similar, use to the chemical that has been assessed under section 32 of the Act.

         (8)   The Director may remit a part, or the whole, of a fee paid for an application under section 23 of the Act if satisfied that:

                (a)    the application is made at the same time as an application is made for another chemical under section 23 of the Act; and

               (b)    the chemical is similar to the other chemical; and

                (c)    the chemical has the same or similar use to the other chemical.

         (9)   The Director may remit a part, or the whole, of a fee paid for an application made under subsection 30A (1) of the Act for a chemical mentioned in paragraph 30A (1A) (a) or (b) of the Act.