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SR 1995 No. 358 Regulations as made
These Regulations amend the Industrial Chemicals (Notification and Assessment) Regulations.
Administered by: Health
General Comments: This instrument was backcaptured in accordance with Section 36 of the Legislative Instruments Act 2003
Registered 01 Jan 2005
Tabling HistoryDate
Tabled HR30-Apr-1996
Tabled Senate30-Apr-1996
Gazetted 30 Nov 1995
Date of repeal 19 Mar 2014
Repealed by Health (Spent and Redundant Instruments) Repeal Regulation 2014

Statutory Rules 1995   No. 3581

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Industrial Chemicals (Notification and Assessment) Regulations2 (Amendment)

I, The Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Industrial Chemicals (Notification and Assessment) Act 1989.

Dated 29 November 1995.

 

                                                                                    BILL HAYDEN

                                                                                   Governor-General

By His Excellency’s Command,

 

 

GARY JOHNS

Assistant Minister for Industrial Relations

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1.   Commencement

1.1   These Regulations commence on 1 December 1995.

2.   Amendment

2.1   The Industrial Chemicals (Notification and Assessment) Regulations are amended as set out in these Regulations.

3.   Regulation 12A (Fees for assessment applications under section 55 of the Act)

3.1   Omit the regulation, substitute:

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 ´ $5,000

 

where n is the number of persons who are party to the application.

           “(2)   The fee payable on a late application under subsection 55 (2) of the Act is worked out according to the formula:

 

(n ´ $5,000) + (n ´ $1,000)

 

where n is the number of persons who are party to the application.”.

4.   Regulation 12B (Calculation of fees for assessment applications)

4.1   Omit the regulation.

5.   Regulation 12C (Payment of fees for assessment application)

5.1   Omit the regulation, substitute:

When fees for assessment application must be paid

        “12C.   The fee payable on an application under subsection 55 (1) or (2) of the Act is payable at the time that the application is lodged.”.

6.   New regulation 16

6.1   After regulation 15, insert:

Waiver of fees—1,4 dioxane

           “16.   (1)    Subject to subregulation (2), the Director may, if he or she thinks fit, on behalf of the Commonwealth, wholly or partly waive any fee that would otherwise be payable by a person under section 110 of the Act in respect of the priority existing chemical known as 1,4 dioxane, if the chemical is, or is to be, introduced by the person:

             (a)   solely for the purposes of research, development or analysis and in a quantity of not more than 50 kilograms in any 12 month period; or

             (b)   solely as a by-product.

           “(2)   Subregulation (1) ceases to have effect when 1,4 dioxane ceases to be a priority existing chemical.

[NOTE:   Under section 62 of the Act, a chemical declared to be a priority existing chemical under subsection 51 (1) or section 52 of the Act ceases to be a priority existing chemical when a summary report about the chemical is published under paragraph 38 (5) (c) of the Act.]

           “(3)   If:

             (a)   under subregulation (1) (a), the Director has waived a fee that would otherwise be payable by a person in respect of 1,4 dioxane; and

             (b)   that person introduces, or proposes to introduce, a quantity of 1,4 dioxane that is more than 50 kilograms in any 12 month period;

the person must, within 28 days after introducing, or proposing to introduce, the increased quantity (as the case requires):

             (c)   notify the Director in writing of that fact; and

             (d)   pay the fee so waived.


           “(4)   A person who knowingly or recklessly fails to comply with a requirement under paragraph (3) (c) is guilty of an offence.

Penalty:   10 penalty units.

[NOTE:   As at the commencement of this subregulation, the value of a penalty unit was $100: Crimes Act 1914, subsection 4AA (1).]”.

7.   Regulation 17 (Appeal to the Administrative Appeals Tribunal)

7.1   Subregulation 17 (1):

Omit “subregulation 15 (1) or (4).”, substitute “subregulation 15 (1) or (4), or 16 (1).”.

8.   Saving

8.1   Despite the amendments of the Industrial Chemicals (Notification and Assessment) Regulations made by these Regulations, the provisions of regulations 12A, 12B and 12C of the Industrial Chemicals (Notification and Assessment) Regulations in force immediately before 1 December 1995 continue to apply to any application under section 55 of the Act made before that date, as if those amendments had not been made.

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NOTES

1.   Notified in the Commonwealth of Australia Gazette on 30 November 1995.

2.   Statutory Rules 1990 No. 231 as amended by 1990 No. 440; 1991 No. 165; 1992 Nos. 29, 245 and 282; 1993 No. 35; 1994 Nos. 21, 320, 368 and 454.