Commonwealth Numbered Regulations - Explanatory Statements

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Statutory Rules 1992 No. 29

Issued by the Authority of the 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 55 of the Act deals with applications for the assessment of priority existing chemicals. Amending regulation 2 omitted and substituted a new regulation 14. It enables the Director of the National Industrial Chemicals Notification and Assessment Scheme (the Director) to reduce fees where there are two or more applications under section 55 of the Act, in relation to the same chemical. In deciding the amount of any reduction the Director is required to take into account the saving in time and resources required to assess the chemical because the applications relate to the same chemical. The fees must not be reduced beyond the amount payable in relation to one application. It does not effect the late fee payable in an application under subsection 55(2) of the Act.

Amending regulation 3 amended regulation 15 by inserting new subregulations. They require the Director to take into account the cost of any completed phase of the process of assessing or deciding the application, statement, nomination or notification in determining whether to remit fees that would otherwise be payable. If the application, statement, nomination or notification is withdrawn prior to consideration then 90 per cent of the prescribed fee paid is to be refunded.

Amending regulation 4 added a new regulation 17. This enables an application to be made to the Administrative Appeals Tribunal to review a decision of the Director made under regulations 14 and 15.

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