Commonwealth Numbered Regulations

1994 No. 368 INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) - REG 2

2.1 After regulation 12, insert: Fees for assessment applications under
section 55 of the Act

"12A. (1) The fee payable on an application under subsection 55 (1) of the Act
is the amount worked out according to the formula:
n X (a + b)
t where: n is the number of persons who make the application; a is:

   (a)  in the case of an application relating to a chemical that is assessed
        by taking into account only 1 of the matters specified in paragraphs
        32 (2) (c), (d), (e) and (f) of the Act-$30,000; or

   (b)  in any other case-$60,000; t is the total number of persons who have
        applied to have the priority existing chemical assessed (including, in
        the case of a joint application, each joint applicant); b is $2,500.

"(2) The fee payable on a late application under subsection 55 (2) of the Act
is $3,000 plus the fee worked out by the formula in subregulation (1).

Calculation of fees for assessment applications

"12B. (1) Immediately after the end of the period of 28 days mentioned in
subsection 55 (1) of the Act in relation to a priority existing chemical, the
Director must calculate the amount of the fee payable for each application for
assessment of that chemical.



"(2) If a person makes a late application for assessment of a priority
existing chemical, the Director must, after receiving that late application:

   (a)  calculate the fee payable in respect of that application; and

   (b)  recalculate the fee payable for each application (if any) and late
        application (if any) already received for assessment of that chemical.



"(3) After the Director calculates or recalculates the fee payable for an
application or a late application under subregulation (1) or (2), he or she
must inform each applicant in writing of the fee so calculated or
recalculated.

Payment of fees for assessment applications

"12C. (1) The fee payable for an application for assessment of a priority
existing chemical under section 55 of the Act must be paid no later than 14
days after the day on which the Director informs the applicant under
subregulation 12B (3).



"(2) If:

   (a)  a person pays an amount by way of fee for an application referred to
        in subregulation (1); and

   (b)  other applications are subsequently received for assessment of the
        same chemical and as a result the fee payable on each application for
        assessment of that chemical decreases; the Director must, as soon as
        practicable after the payment, refund the difference to the person.".