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Australian Senate Standing Committee for the Scrutiny of Bills - Scrutiny Digests

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Industrial Chemicals Charges (Excise) Bill 2017 [2017] AUSStaCSBSD 174 (14 June 2017)


Industrial Chemicals Charges (Excise) Bill 2017

Purpose
This bill seeks to for the imposition of a charge, only when they are considered a duty of excise, under the Industrial Chemicals Bill 2017
Portfolio
Health
Introduced
House of Representatives on 1 June 2017
Scrutiny principle
Standing Order 24(1)(a)(iv)

Charges in delegated legislation [84]

1.125 This bill provides for the imposition of an annual registration charge on persons introducing chemicals into Australia (by import or manufacture) in accordance with the Industrial Chemical Bill 2017. The bill enables regulations to describe the methods of working out the annual registration charge applicable to each introducer of industrial chemicals.

1.126 Subclause 7(1) states that the amount of charge payable by a person is the amount:

(a) prescribed by the regulations; or

(b) worked out in accordance with a method prescribed by the regulations.

1.127 Subclause 7(2) provides that the regulations may also prescribe different charges or methods depending on the value of industrial chemicals.

1.128 The committee has sought the Minister's advice as to why there are no limits on the charge specified in primary legislation and whether guidance in relation to the method of calculation of the charge and a maximum charge can be specifically included in each of the proposed Industrial Chemical Charges bills.

1.129 For the committee's full commentary in relation to this issue please refer to the committee's comments on the Industrial Chemicals Charges (General) Bill 2017 at paragraphs [1.112] to [1.119].


[84] Clause 7. The committee draws Senators’ attention to this provision pursuant to principle 1(a)(iv) of the committee’s terms of reference.


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