Industrial Chemicals (Fees and Charges) Rules 2020

Contents

Part 1 · Preliminary

1Name#

This instrument is the Industrial Chemicals (Fees and Charges) Rules 2020.

3Authority#

This instrument is made under the Industrial Chemicals Act 2019.

4Definitions#

In this instrument:

Act means the Industrial Chemicals Act 2019.

application fee means the fee imposed under section 5 in relation to an application.

category A country, in relation to an industrial chemical mentioned in section 73 of the General Rules, means a country that:

(a)is a party to the Rotterdam Convention; and

(b)has provided an import response to the Secretariat that:

(i)gives consent to the import of the industrial chemical; or

(ii)gives consent to the import of the industrial chemical, subject to specified conditions.

category B country, in relation to an industrial chemical mentioned in section 73 of the General Rules, means a country that:

(a)is a party to the Rotterdam Convention; and

(b)either:

(i)has provided an import response to the Secretariat that gives no consent to the import of the industrial chemical; or

(ii)has not provided an import response to the Secretariat in relation to the industrial chemical.

category C country means a country that is not a party to the Rotterdam Convention.

comparable hazard assessment of an industrial chemical means a written assessment or evaluation of the environment hazard characteristics, the human health hazard characteristics, or both, of the industrial chemical by one of the following:

(a)the Executive Director;

(b)the area of the Department known as the Therapeutic Goods Administration;

(c)the Australian Pesticides and Veterinary Medicines Authority;

(d)Environment and Climate Change Canada;

(e)the European Commission Scientific Committee on Consumer Products;

(f)the European Scientific Committee on Consumer Safety;

(g)the European Commission Scientific Committee on Cosmetic Products and Non-Food Products intended for Consumers;

(h)Food Standards Australia New Zealand;

(i)Health Canada;

(j)the United States Environmental Protection Agency.

environment hazard characteristic has the same meaning as in the General Rules.

General Rules means the Industrial Chemicals (General) Rules 2019.

human health hazard characteristic has the same meaning as in the General Rules.

import response, in relation to an industrial chemical mentioned in section 73 of the General Rules, means any of the following:

(a)a consent to the import of the industrial chemical;

(b)a consent to the import of the industrial chemical, subject to specified conditions;

(c)a consent to the import of the industrial chemical during an interim period;

(d)a consent to the import of the industrial chemical during an interim period, subject to specified conditions;

(e)no consent to the import of the industrial chemical;

(f)no consent to the import of the industrial chemical during an interim period.

Note: In 2020, a database of import responses made by countries that are parties to the Rotterdam Convention was available at the Rotterdam Convention website (http://www.pic.int).

indicative environment risk has the same meaning as in the General Rules.

indicative human health risk has the same meaning as in the General Rules.

Part 2 · Application fees

5Application fees#

General

(1)For the purposes of paragraph 167(1)(f) of the Act, the following table sets out the amount of the fee that is to accompany an application of a kind mentioned in an item in the table.

Application fees
Item	Kind of application	Amount ($)
1	An application under section 16 of the Act for registration	85
2	An application under section 31 of the Act for an assessment certificate for the introduction of an industrial chemical	the amount worked out under subsection (2), (3) or (4) (whichever is applicable)
3	An application under subsection 40(1) of the Act for a person to be covered by a certificate	1,595
4	An application under subsection 40(4) of the Act to be removed as a person covered by a certificate	860
5	An application under subsection 41(1) of the Act to be added as a holder of a certificate	1,595
6	An application under subsection 41(4) of the Act to be removed as a holder of a certificate	860
7	An application under section 43 of the Act to vary a term of an assessment certificate	5,050
8	An application under section 53 of the Act for a commercial evaluation authorisation	6,920
9	An application under subsection 60(1) of the Act to be added as a holder of a commercial evaluation authorisation	1,595
10	An application under subsection 60(4) of the Act to be removed as a holder of a commercial evaluation authorisation	860
11	An application under section 62 of the Act to vary a term of a commercial evaluation authorisation	2,695
12	An application under subsection 83(1) of the Act for an industrial chemical to be listed on the Inventory	1,595
13	An application under subparagraph 87(1)(c)(ii) of the Act to vary a term of the Inventory listing for an industrial chemical	1,595
14	An application under section 88 of the Act to vary a term of the Inventory listing for an industrial chemical	5,050
15	An application under subsection 105(1) of the Act for the proper name for an industrial chemical to be treated as confidential business information	1,845
16	An application under subsection 105(2) of the Act for an end use for an industrial chemical to be treated as confidential business information	650
17	An application under section 111 of the Act for the proper name or end use for an industrial chemical to continue to be treated as confidential business information	4,865
18	An application under section 113 of the Act for information to be treated as confidential business information	1,230
19	An application under section 74 of the General Rules for approval to introduce an industrial chemical	5,095
20	An application under section 74 of the General Rules for approval to export an industrial chemical	(a) if the export is to a category A country for the industrial chemical—2,555; or(b) if the export is to a category B country for the industrial chemical—5,095; or(c) if the export is to a category C country—2,555
21	An application under subitem 36(2) of Schedule 2 to the Industrial Chemicals (Consequential Amendments and Transitional Provisions) Act 2019 to be taken to be a confidence holder for a confidential Inventory listing for an industrial chemical	4,370

Applications under section 31 of the Act

(2)For the purposes of item 2 of the table in subsection (1) and subject to subsection (6), the amount of the fee that is to accompany an application under section 31 of the Act for an assessment certificate for the introduction of an industrial chemical is as follows:

(a)subject to subsections (3) and (4), the amount worked out using the table at the end of this subsection;

(b)if the application includes a comparable hazard assessment of the industrial chemical and the application is not covered by subsection (3) or (4)—$20,385.

Applications under section 31 of the Act—general
Item	If the indicative human health risk for the introduction of the industrial chemical …	and the indicative environment risk for the introduction of the industrial chemical …	then the amount ($) of the fee is …
1	(a) is very low; or(b) is low	(a) is very low; or(b) is low	14,530
2	(a) is very low; or(b) is low	(a) is medium to high risk; or(b) has not been determined at the time the application is made	34,760
3	(a) is medium to high risk; or(b) has not been determined at the time the application is made	(a) is very low; or(b) is low	34,760
4	(a) is medium to high risk; or(b) has not been determined at the time the application is made	(a) is medium to high risk; or(b) has not been determined at the time the application is made	40,740

Note: For how to determine the indicative human health risk and the indicative environment risk, see Chapter 2 of the General Rules.

(3)If:

(a)an application (the first application) is made by a person under section 31 of the Act for an assessment certificate for the introduction of an industrial chemical; and

(b)at the same time as the first application is made, the person makes one or more other applications (a related application) under that section for an assessment certificate for the introduction of another industrial chemical; and

(c)the industrial chemicals to which the first application and each related application relate are similar and have the same end use;

then:

(d)the amount of the fee that is to accompany the first application is an amount worked out using the table in subsection (2); and

(e)the amount of the fee that is to accompany each related application is $7,475.

(4)If:

(a)an application (the first application) is made by a person under section 31 of the Act for an assessment certificate for the introduction of an industrial chemical; and

(c)the industrial chemicals to which the first application and each related application relate are intended to be part of the same multi-component introductions;

then:

(d)the amount of the fee that is to accompany the first application is an amount worked out using the table in subsection (2); and

(e)the amount of the fee that is to accompany each related application is $2,825.

Multi-component introductions

(5)For the purposes of paragraph (4)(c), 2 or more industrial chemicals (component chemicals) may be part of multi-component introductions if:

(a)each component chemical can be uniquely identified; and

(b)the component chemicals are manufactured (whether in Australia or otherwise) together; and

(c)the component chemicals are to be introduced into, and used in, Australia together (and not separated during introduction or use); and

(d)there is no single CAS name that covers all the component chemicals and only the component chemicals.

Lower fee applies if more than one fee is specified for an application

(6)If paragraphs (2)(a) and (b) both apply in relation to an application, the amount of the fee that is to accompany the application is the lower of the applicable amounts.

Part 3 · Miscellaneous

6Refund of overpayments of registration charge#

For the purposes of paragraph 22(b) of the Act, the Executive Director may, on behalf of the Commonwealth, refund an overpayment of registration charge by a person in relation to a registration year:

(a)on the Executive Director’s own initiative, at any time within 3 years after the end of the registration year; or

(b)if, within 3 years after the end of the registration year, the person applies to the Executive Director, in writing, for the refund.

7Waiving application fees#

(1)This section applies for the purposes of subsection 170(1) of the Act.

(2)If:

(a)a person makes an application under the Act; and

(b)the person has paid an application fee in relation to the application; and

(c)the person withdraws the application before a decision has been made on the application;

the Executive Director may, on behalf of the Commonwealth, if the Executive Director considers it appropriate to do so, waive the whole or part of the application fee.

(3)When considering whether to waive the whole or part of an application fee under subsection (2), the Executive Director must have regard to the costs that have been incurred, if any, in considering the application.

(4)If the Executive Director waives the whole or part of an application fee, the Executive Director must, on behalf of the Commonwealth, refund the amount waived.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.

Industrial Chemicals (Fees and Charges) Rules 2020

Part 1 · Preliminary

1Name#

3Authority#

4Definitions#

Part 2 · Application fees

5Application fees#

General

Applications under section 31 of the Act

Multi-component introductions

Lower fee applies if more than one fee is specified for an application

Part 3 · Miscellaneous

6Refund of overpayments of registration charge#

7Waiving application fees#

Defined terms · 12

Connections

History · 1 version

Key facts

Part 1 · Preliminary

1Name#

3Authority#

4Definitions#

Part 2 · Application fees

5Application fees#

General

Applications under section 31 of the Act

Multi-component introductions

Lower fee applies if more than one fee is specified for an application

Part 3 · Miscellaneous

6Refund of overpayments of registration charge#

7Waiving application fees#