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INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) 1994 NO. 320

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.

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