INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (GENERAL) BILL 2020
INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (CUSTOMS) BILL 2020
INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (EXCISE) BILL 2020
GENERAL OUTLINE
The Industrial Chemicals Environmental Management (Register) Charge (General) Bill 2020, Industrial Chemicals Environmental Management (Register) Charge (Customs) Bill 2020, Industrial Chemicals Environmental Management (Register) Charge (Excise) Bill 2020 (the Charges Bills) complement the Industrial Chemicals Environmental Management (Register) Bill 2020 (the ICEMR Bill) by establishing a cost recovery model to recover the costs of implementing the framework in the ICEMR Bill for making, varying and revoking scheduling decisions for industrial chemicals.
The ICEMR Bill is intended to give effect to the National Standard for the environmental risk management of industrial chemicals that was developed in consultation with States, Territories and industry stakeholders and agreed to in principle by Environment Ministers in 2017. It would establish a national framework to drive consistency in the way that risks from the use and disposal of industrial chemicals are managed to reduce impacts on the environment and limit people's exposure to harmful substances. The ICEMR Bill will also strengthen the environmental risk management responses available to all jurisdictions by enabling environmental management conditions to be imposed on an industrial chemical across its lifecycle. This would be done by the Minister making scheduling decisions in relation to an industrial chemical. A scheduling decision can categorise an industrial chemical according to its level of concern to the environment and set out the controls applicable to the use, handling and disposal of an industrial chemical. Controls may include restrictions or prohibitions on the use or disposal of a chemical
As agreed by all Australian jurisdictions, it is intended that the Commonwealth, States and Territories will adopt or apply the Register (by way of their own legislation) and will thus be responsible for implementing and enforcing the scheduling decisions, recorded in the Register, within their jurisdictions.
The Charges Bills are intended to ensure that appropriate cost recovery mechanisms are in place for services provided by the Commonwealth in relation to industrial chemicals under the ICEMR Bill. The Charges Bills would provide a framework (by allowing relevant charges to be prescribed by regulations) for applying cost recovery charges to ensure that the Commonwealth’s costs of administering the framework in the ICEMR Bill can be recovered appropriately.
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FINANCIAL IMPACT STATEMENT
The Charges Bills would have no financial impact on the Australian Government.
STATEMENT OF COMPATIBILITY WITH HUMAN RIGHTS
The Charges Bills are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
The full statements of compatibility with human rights are attached to this explanatory memorandum.
INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (GENERAL) BILL 2020
NOTES ON CLAUSES
Part 1—Preliminary
Clause 1 – Short title
1. Clause 1 would provide that the Industrial Chemicals Environmental Management (Register) Charge (General) Bill 2020 (General Charges Bill) may be cited as the Industrial Chemicals Environmental Management (Register) Charge (General) Act 2020.
Clause 2 – Commencement
2. Clause 2 would provide that the General Charges Bill will commence on the later of the day after it receives the Royal Assent, and immediately after the commencement of the Industrial Chemicals Environmental Management (Register) Act 2020.
3. However, the General Charges Bill would not commence if the Industrial Chemicals Environmental Management (Register) Act 2020 Act does not commence.
Clause 3 – Crown to be bound
4. Clause 3 would have the effect that the General Charges Bill will bind the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it would not bind the Crown in right of the Commonwealth.
Clause 4 – Extension to external Territories
5. Clause 4 would provide that the General Charges Bill will extend to every external territory.
Clause 5 – Bill does not impose tax on property of a state
6. Clause 5 would ensure that the General Charges Bill does not impose a tax on property of any kind belonging to a State. This is necessary because section 114 of the Constitution prevents the Commonwealth from imposing a tax on the property of a State.
Clause 6 – Definitions
7. Clause 6 would define key terms used in the General Charges Bill.
8. The terms registered introducer and registration year would be defined as having the same meaning as in the Industrial Chemicals Environmental Management (Register) Act 2020 (once enacted).
9. The term charge would mean a charge imposed by clause 7, and the amount of a charge would include a nil amount.
10. Clause 6 would also clarify that property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
Part 2—Charges
Clause 7 – Imposition of charges
11. Clause 7 would impose a charge that is payable by a registered introducer for a registration year. This charge is referred to as the scheduling charge in the ICEMR Bill.
12. Charges imposed under the General Charges Bill are only valid so far as the charge is a neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution (subclause 7(2)). This is because section 55 of the Constitution limits laws imposing duties of customs to dealing with only duties of customs and laws imposing duties of excise to dealing only with duties of excise.
Clause 8 – Amount of charge
13. Subclause 8(1) would allow the regulations to prescribe a charge by either specifying an amount of the charge or specifying a method for working out the amount of the charge. The amount of the charge may be nil.
14. It is necessary to have the flexibility to prescribe the detail of the amount of the charge, or the method for working out the amount of the charge, in the regulations as:
a. different charges may be prescribed for different matters; and
b. it may be appropriate for some charges to be set as a flat amount, while for others it may be more appropriate to set a method for working out the charge in the regulations.
15. Consistent with Australian Government policy, the amount of any applicable charge will be determined through a Cost Recovery Implementation Statement. Any charges set out in the regulations will be consistent with the Australian Government Charging Framework and the Australian Government Cost Recovery Guidelines. This is intended to provide assurance that the amount charged reflects the likely costs to the Commonwealth. It is anticipated that the charges will generally reflect the costs to the Commonwealth of services provided in relation to industrial chemicals under the ICEMR Bill, such as matters relating to assessing chemicals (and uses of chemicals) for the purposes of making, varying or revoking a scheduling decision.
16. Subclause 8(2) would clarify that regulations made for the purpose of subclause 8(1) may specify different amounts or methods for different classes of registered introducers.
Clause 9 – Exemptions from charges
17. Clause 9 would allow the regulations to provide for exemptions from a charge imposed under the General Charges Bill.
Part 3—Miscellaneous
Clause 10 – Regulations
18. Clause 10 would enable the Governor-General to make regulations prescribing matters that are required or permitted by the General Charges Bill to be prescribed, or necessary or convenient to carry out or give effect to the General Charges Bill.
INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (CUSTOMS) BILL 2020
NOTES ON CLAUSES
Part 1—Preliminary
Clause 1 – Short title
1. Clause 1 would provide that the Industrial Chemicals Environmental Management (Register) Charge (Customs) Bill 2020 (Customs Charges Bill) may be cited as the Industrial Chemicals Environmental Management (Register) Charge (Customs) Act 2020.
Clause 2 – Commencement
2. Clause 2 would provide that the Customs Charges Bill will commence on the later of the day after it receives the Royal Assent, and immediately after the commencement of the Industrial Chemicals Environmental Management (Register) Act 2020.
3. However, the Customs Charges Bill would not commence if the Industrial Chemicals Environmental Management (Register) Act 2020 does not commence.
Clause 3 – Crown to be bound
4. Clause 3 would have the effect that the Customs Charges Bill will bind the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it would not bind the Crown in right of the Commonwealth.
Clause 4 – Extension to external Territories
5. Clause 4 would provide that the Customs Charges Bill will extend to every external territory.
Clause 5 – Bill does not impose tax on property of a state
6. Clause 5 would ensure that the Customs Charges Bill does not impose a tax on property of any kind belonging to a State. This is necessary because section 114 of the Constitution prevents the Commonwealth from imposing a tax on the property of a State.
Clause 6 – Definitions
7. Clause 6 would define key terms used in the Customs Charges Bill.
8. The terms registered introducer and registration year would be defined as having the same meaning as in the Industrial Chemicals Environmental Management (Register) Act 2020 (once enacted).
9. The term charge would mean a charge imposed by clause 7, and the amount of a charge would include a nil amount.
10. Clause 6 would also clarify that property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
Part 2—Charges
Clause 7 – Imposition of charges
11. Clause 7 would impose a charge that is payable by a registered introducer for a registration year. This charge is referred to as the scheduling charge in the ICEMR Bill.
12. Charges imposed under the Customs Charges Bill are only valid so far as the charge is a duty of customs within the meaning of section 55 of the Constitution (subclause 7(2)). This is because section 55 of the Constitution limits laws imposing duties of customs to dealing with only duties of customs.
Clause 8 – Amount of charge
13. Subclause 8(1) would allow the regulations to prescribe a charge by either specifying an amount of the charge or specifying a method for working out the amount of the charge. The amount of the charge may be nil.
14. It is necessary to have the flexibility to prescribe the detail of the amount of the charge, or the method for working out the amount of the charge, in the regulations as:
a. different charges may be prescribed for different matters; and
b. it may be appropriate for some charges to be set as a flat amount, while for others it may be more appropriate to set a method for working out the charge in the regulations.
15. Consistent with Australian Government policy, the amount of any applicable charge will be determined through a Cost Recovery Implementation Statement. Any charges set out in the regulations will be consistent with the Australian Government Charging Framework and the Australian Government Cost Recovery Guidelines. This is intended to provide assurance that the amount charged reflects the likely costs to the Commonwealth. It is anticipated that the charges will generally reflect the costs to the Commonwealth of services provided in relation to industrial chemicals under the ICEMR Bill, such as matters relating to assessing chemicals (and uses of chemicals) for the purposes of making, varying or revoking a scheduling decision.
16. Subclause 8(2) would clarify that regulations made for the purpose of subclause 8(1) may specify different amounts or methods for different classes of registered introducers.
Clause 9 – Exemptions from charges
17. Clause 9 would allow the regulations to provide for exemptions from a charge imposed under the Customs Charges Bill.
Part 3—Miscellaneous
Clause 10 – Regulations
18. Clause 10 would enable the Governor-General to make regulations prescribing matters that are required or permitted by the Customs Charges Bill to be prescribed, or necessary or convenient to carry out or give effect to the Customs Charges Bill.
INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (EXCISE) BILL 2020
NOTES ON CLAUSES
Part 1—Preliminary
Clause 1 – Short title
1. Clause 1 would provide that the Industrial Chemicals Environmental Management (Register) Charge (Excise) Bill 2020 (Excise Charges Bill) may be cited as the Industrial Chemicals Environmental Management (Register) Charge (Excise) Act 2020.
Clause 2 – Commencement
2. Clause 2 would provide that the Excise Charges Bill will commence on the later of the day after it receives the Royal Assent, and immediately after the commencement of the Industrial Chemicals Environmental Management (Register) Act 2020.
3. However, the Excise Charges Bill would not commence if the Industrial Chemicals Environmental Management (Register) Act 2020 does not commence.
Clause 3 – Crown to be bound
4. Clause 3 would have the effect that the Excise Charges Bill will bind the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it would not bind the Crown in right of the Commonwealth.
Clause 4 – Extension to external Territories
5. Clause 4 would provide that the Excise Charges Bill will extend to every external territory.
Clause 5 – Bill does not impose tax on property of a state
6. Clause 5 would ensure that the Excise Charges Bill does not impose a tax on property of any kind belonging to a State. This is necessary because section 114 of the Constitution prevents the Commonwealth from imposing a tax on the property of a State.
Clause 6 – Definitions
7. Clause 6 would define key terms used in the Excise Charges Bill.
8. The terms registered introducer and registration year would be defined as having the same meaning as in the Industrial Chemicals Environmental Management (Register) Act 2020 (once enacted).
9. The term charge would mean a charge imposed by clause 7, and the amount of a charge would include a nil amount.
10. Clause 6 would also clarify that property of any kind belonging to a State has the same meaning as in section 114 of the Constitution.
Part 2—Charges
Clause 7 – Imposition of charges
11. Clause 7 would impose a charge that is payable by a registered introducer for a registration year. This charge is referred to as the scheduling charge in the ICEMR Bill.
12. Charges imposed under the Excise Charges Bill are only valid so far as the charge is a duty of excise within the meaning of section 55 of the Constitution (subclause 7(2)). This is because section 55 of the Constitution limits laws imposing duties of excise to dealing only with duties of excise.
Clause 8 – Amount of charge
13. Subclause 8(1) would allow the regulations to prescribe a charge by either specifying an amount of the charge or specifying a method for working out the amount of the charge. The amount of the charge may be nil.
14. It is necessary to have the flexibility to prescribe the detail of the amount of the charge, or the method for working out the amount of the charge, in the regulations as:
a. different charges may be prescribed for different matters; and
b. it may be appropriate for some charges to be set as a flat amount, while for others it may be more appropriate to set a method for working out the charge in the regulations.
15. Consistent with Australian Government policy, the amount of any applicable charge will be determined through a Cost Recovery Implementation Statement. Any charges set out in the regulations will be consistent with the Australian Government Charging Framework and the Australian Government Cost Recovery Guidelines. This is intended to provide assurance that the amount charged reflects the likely costs to the Commonwealth. It is anticipated that the prescribed matters will generally reflect services provided by the Commonwealth in relation to industrial chemicals under the ICEMR Bill, such as matters relating to assessing chemicals (and uses of chemicals) for the purposes of making, varying or revoking a scheduling decision.
16. Subclause 8(2) would clarify that regulations made for the purpose of subclause 8(1) may specify different amounts or methods for different classes of registered introducers.
Clause 9 – Exemptions from charges
17. Clause 9 would allow the regulations to provide for exemptions from a charge imposed under the Excise Charges Bill.
Part 3—Miscellaneous
Clause 10 – Regulations
18. Clause 10 would enable the Governor-General to make regulations prescribing matters that are required or permitted by the Excise Charges Bill to be prescribed, or necessary or convenient to carry out or give effect to the Excise Charges Bill.