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This is a Bill, not an Act. For current law, see the Acts databases.
2002-2003
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Industrial
Chemicals (Notification and Assessment) Amendment Bill
2003
No. ,
2003
(Health and
Ageing)
A Bill for an Act to amend the
Industrial Chemicals (Notification and Assessment) Act 1989, and for
related purposes
Contents
Part 1—Amendments related to commercial evaluation
permits 3
Part 2—Amendments related to
registration 4
Part 3—Application, saving and
transitional 12
A Bill for an Act to amend the Industrial Chemicals
(Notification and Assessment) Act 1989, and for related
purposes
The Parliament of Australia enacts:
This Act may be cited as the Industrial Chemicals (Notification and
Assessment) Amendment Act 2003.
This Act commences on the day on which it receives the Royal
Assent.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
Part 1—Amendments
related to commercial evaluation permits
1 Subsection 21E(1)
Omit “2,000 kilograms”, substitute “4,000
kilograms”.
Note: The heading to subsection 21E(1) is altered by
omitting “2,000 kilograms” and substituting “4,000
kilograms”.
Part 2—Amendments
related to registration
2 Section 80B
Repeal the section, substitute:
(1) A person must not introduce any relevant industrial chemicals in a
registration year if:
(a) either:
(i) those chemicals are of a value equal to or exceeding the threshold
value; or
(ii) the person introduced, in the previous financial year, relevant
industrial chemicals of a value equal to or exceeding the threshold value;
and
(b) either:
(i) the person is not registered in relation to the registration year;
or
(ii) at the time the relevant chemicals are introduced, the person’s
registration in relation to the registration year is not in force.
Penalty: 300 penalty units.
(2) Strict liability applies to paragraph (1)(b).
Note: For strict liability, see section 6.1 of the
Criminal Code.
3 Subsection 80E(2)
Repeal the subsection, substitute:
(2) The application may be made at any time before or during the
registration year concerned.
(3) However, if:
(a) a person’s registration stops being in force at the end of a
registration year because the person did not apply for renewal under
section 80KA during that registration year; and
(b) after the start of the next registration year, the person applies to
be registered in relation to that next registration year;
that application must not be dealt with as a new application under this
section, but must instead be dealt with as a late renewal application under
section 80KB.
Note: The heading to section 80E is altered by
inserting “new” before
“registration”.
4 Paragraph 80F(d)
Repeal the paragraph.
Note: The heading to section 80F is altered by
inserting “new” before
“registration”.
5 Paragraph 80F(e)
Repeal the paragraph, substitute:
(e) be accompanied by:
(i) a registration charge in relation to that registration year in the
amount prescribed for the purposes of paragraph 80T(2)(b); or
(ii) the amount prescribed for the purposes of paragraph 80T(2)(a), paid
on account of any registration charge payable in relation to that registration
year.
6 At the end of
section 80G
Add:
(4) From the time the application is made to the Director until the
Director grants or refuses that application, the applicant is taken to be
registered in relation to the registration year.
Note: The heading to section 80G is altered by
inserting “for new registration” after
“application”.
7 Subsection 80J(2)
Omit “paragraph 80K(4)(b),”, substitute “subsections
80G(4), 80KA(4) and 80KB(5) and (6),”.
8 Section 80K
Repeal the section, substitute:
(1) A person who:
(a) is registered in relation to a particular registration year (the
current registration year); and
(b) on the facts as known to the person, is a registrable person in
relation to the following registration year (the next registration
year);
may apply for a renewal of registration in relation to that next
registration year.
(2) A renewal application must be made as follows:
(a) in accordance with section 80KA; and
(b) before the start of the next registration year.
Note: Section 80KB deals with late renewal
applications.
(1) A renewal application that is made as referred to in subsection 80K(2)
must:
(a) be in the approved form; and
(b) contain the information required by the form; and
(c) if any of the information previously given to the Director under
section 80F, this section or section 80KB is no longer
accurate—contain the accurate information; and
(d) be accompanied by the fee prescribed under paragraph 110(1)(ub) in
respect of the renewal application; and
(e) be accompanied by:
(i) a registration charge in relation to that registration year in the
amount prescribed for the purposes of paragraph 80T(2)(b); or
(ii) the amount prescribed for the purposes of paragraph 80T(2)(a), paid
on account of any registration charge payable in relation to that registration
year.
(2) The Director must grant the renewal application if he or she is
satisfied that:
(a) the applicant is a registrable person in respect of the next
registration year; and
(b) the application complies with the requirements of subsection (1)
and section 80K.
(3) If the Director is not so satisfied about those matters, the Director
must refuse the renewal application.
(4) If the Director does not grant or refuse the renewal application
before the start of the next registration year, the applicant is taken to be
registered in relation to that next registration year until the Director grants
or refuses the renewal application.
(1) If a person referred to in subsection 80K(1) makes an application for
renewal of registration (a late renewal application) after the
time specified in paragraph 80K(2)(b), in contravention of that paragraph, the
person must pay the late renewal penalty prescribed under subsection
110A(1).
(2) A late renewal application must:
(a) comply with the requirements of paragraphs 80KA(1)(a) to (d);
and
(b) be accompanied by the late renewal penalty mentioned in
subsection (1); and
(c) be accompanied by:
(i) a registration charge in relation to that registration year in the
amount prescribed for the purposes of paragraph 80T(2)(b); or
(ii) the amount prescribed for the purposes of paragraph 80T(2)(a), paid
on account of any registration charge payable in relation to that registration
year.
(3) The Director must grant the late renewal application if he or she is
satisfied that:
(a) the applicant is a registrable person in respect of the registration
year; and
(b) the application complies with the requirements of
subsection (2).
(4) If the Director is not so satisfied about those matters, the Director
must refuse the late renewal application.
(5) In relation to the late renewal application, the applicant is taken to
be registered in relation to the relevant registration year:
(a) from the time the application is made until the Director grants or
refuses the renewal application; and
(b) if the Director grants the renewal application—since the start
of that registration year.
(6) However, subsection (5) does not apply for the purposes of a
prosecution under section 80B:
(a) that is in relation to the introduction of relevant industrial
chemicals that occurred in the registration year for which the late renewal
application is made; and
(b) for which the charge was laid before the late renewal application was
made.
(1) In relation to a renewal application under section 80KA or a late
renewal application under section 80KB, the Director must, by notice in
writing, inform the applicant of the grant or refusal of the
application.
(2) In the case of a refusal:
(a) the notice must include a statement of the reasons for the refusal;
and
(b) the Director must pay to the applicant, on behalf of the Commonwealth,
an amount equal to the amount paid by the applicant as registration charge, or
on account of registration charge, payable in relation to the registration year
to which the application relates.
9 Section 80M
Repeal the section, substitute:
Subject to section 80N, the Director must deal with an application
for registration, or renewal of registration, as follows:
(a) if the application is in relation to the registration year in which
the application is made or a previous registration year—as soon as
practicable but, in any case, within 30 days after receipt of the application;
and
(b) if the application is in relation to the next registration
year—as soon as practicable but, in any case, not later than the later
of:
(i) 30 days after the start of that next registration year; and
(ii) 30 days after receipt of the application.
10 Subsection 80N(2)
Omit “the period of 30 days or 7 days”, substitute “a
period of 30 days”.
11 Subsection 80P(4)
Repeal the subsection, substitute:
(4) It is a condition of registration that a person who is registered in
relation to a registration year must inform the Director in writing:
(a) as soon as possible; and
(b) in any case, before August 31 of that registration year;
if the person considers that, for any reason, it is unlikely that the
person will be a registrable person in relation to the next registration
year.
12 Subsection 80Q(1)
After “subparagraph 80F(e)(ii),”, insert “80KA(1)(e)(ii)
or 80KB(2)(c)(ii),”.
13 Paragraph 80QD(1)(a)
Repeal the paragraph, substitute:
(a) a person:
(i) makes an application for registration, or renewal of registration, in
relation to a registration year; and
(ii) under subparagraph 80F(e)(ii), 80KA(1)(e)(ii) or 80KB(2)(c)(ii), pays
an amount on account of the registration charge payable in relation to that
year; and
14 Paragraph 80T(2)(a)
Repeal the paragraph, substitute:
(a) if:
(i) under subparagraph 80F(e)(ii), 80KA(1)(e)(ii) or 80KB(2)(c)(ii), the
registrable person has paid an amount on account of registration charge in
relation to the registration year; and
(ii) the value of the chemicals introduced in that year exceeds $500,000
but is less than $5,000,000;
the amount prescribed for the purposes of this paragraph; and
15 Paragraph 80T(2)(b)
Repeal the paragraph, substitute:
(b) if:
(i) under subparagraph 80F(e)(ii), 80KA(1)(e)(ii) or 80KB(2)(c)(ii), the
registrable person has paid an amount on account of registration charge in
relation to the registration year; and
(ii) the value of the chemicals introduced in that year is equal to, or
exceeds, $5,000,000;
the amount prescribed for the purposes of this paragraph; and
16 Paragraph 80T(2)(c)
Repeal the paragraph, substitute:
(c) in any other case—the amount prescribed for the purposes of
paragraph (b).
17 Paragraph 100B(1)(b)
Omit “80K”, substitute “80KA, 80KB”.
18 Paragraph 102(1)(b)
Omit “80K(5),”, substitute “80KA(3),
80KB(4),”.
19 Paragraph 110(1)(ub)
Omit “subsection 80K(2)”, substitute “subsection 80KA(1)
or 80KB(2)”.
20 Paragraph 110(1)(uc)
Repeal the paragraph.
21 After section 110
Insert:
(1) Regulations may prescribe late renewal penalties, or a method of
calculating late renewal penalties, to be paid to the Commonwealth under
section 80KB in respect of late renewal applications.
(2) A late renewal penalty is due and payable in the manner
prescribed.
(3) If a late renewal penalty is not paid at the time the late renewal
application is made, the application is to be taken not to have been duly
made.
(4) The regulations may prescribe circumstances in which the Director may,
on behalf of the Commonwealth, wholly or partly waive or remit late renewal
penalties that would otherwise be payable under this section.
Part 3—Application,
saving and transitional
22 Application of registration-related
changes
(1) The amendments made by Part 2 of this Schedule apply for the
purposes of registration years under the Industrial Chemicals (Notification
and Assessment) Act 1989 that start on or after 1 September
2003.
(2) To avoid doubt, any change to an amount prescribed for the purposes of
paragraph 80T(2)(a) or (b) of the Industrial Chemicals (Notification and
Assessment) Act 1989, as amended by Part 2 of this Schedule, before the
start of the registration year that begins on 1 September 2003 applies in
relation to that registration year, regardless of whether the application for
registration, or renewal of registration, in relation to that registration year
was made before or after the change came into force.
23 Saving—existing
regulations
(1) Regulations made for the purposes of paragraph 80T(2)(a) or (b) of the
Industrial Chemicals (Notification and Assessment) Act 1989 and in force
immediately before the commencement of items 14 and 15 of this Schedule
continue in force as if they had been made for the purposes of those paragraphs
as amended by those items.
(2) Regulations made for the purposes of paragraph 110(1)(ub) of the
Industrial Chemicals (Notification and Assessment) Act 1989 and in force
immediately before the commencement of item 19 of this Schedule continue in
force as if they had been made for the purposes of that paragraph as amended by
that item.
(3) Subitems (1) and (2) do not prevent amendment or repeal of the
regulations referred to in those subitems.