Industrial Chemicals Charges (General) Regulations 2020

made under the

Industrial Chemicals Charges (General) Act 2019

Compilation No. 2

Compilation date:                              24 August 2023

Includes amendments up to:            F2023L01105

Registered:                                         6 September 2023

About this compilation

This compilation

This is a compilation of the Industrial Chemicals Charges (General) Regulations 2020 that shows the text of the law as amended and in force on 24 August 2023 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the Register for the compiled law.

Application, saving and transitional provisions for provisions and amendments

If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the Register for the compiled law.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.

Contents

Part 1—Preliminary                                                                                                                                        1

1............ Name............................................................................................................................. 1

3............ Authority....................................................................................................................... 1

4............ Definitions..................................................................................................................... 1

Part 2—Registration charge                                                                                                                      3

5............ Amount of registration charge....................................................................................... 3

6............ Value of relevant industrial chemicals introduced in financial year................................ 3

Part 3—Applicational, saving and transitional provisions                                                      5

7............ Application of amendments made by the Industrial Chemicals Charges (General) Amendment Regulations 2023...................................................................................................................................... 5

Endnotes                                                                                                                                                                 6

Endnote 1—About the endnotes                                                                                                        6

Endnote 2—Abbreviation key                                                                                                            7

Endnote 3—Legislation history                                                                                                         8

Endnote 4—Amendment history                                                                                                       9

Part 1—Preliminary

1  Name

                   This instrument is the Industrial Chemicals Charges (General) Regulations 2020.

3  Authority

                   This instrument is made under the Industrial Chemicals Charges (General) Act 2019.

4  Definitions

Note:          A number of expressions used in this instrument are defined in the Act, including the following:

(a)    industrial chemical;

(b)    introduce;

(c)    registration year.

                   In this instrument:

Act means the Industrial Chemicals Charges (General) Act 2019.

article has the same meaning as in the Industrial Chemicals Act 2019.

import has the same meaning as in the Industrial Chemicals Act 2019.

incidentally‑introduced chemical has the same meaning as in the Industrial Chemicals Act 2019.

manufacture has the same meaning as in the Industrial Chemicals Act 2019.

naturally‑occurring chemical has the same meaning as in the Industrial Chemicals Act 2019.

non‑isolated intermediate has the same meaning as in the Industrial Chemicals Act 2019.

relevant industrial chemical means an industrial chemical other than any of the following:

                     (a)  a naturally‑occurring chemical;

                     (b)  a non‑isolated intermediate;

                     (c)  an incidentally‑introduced chemical;

                     (d)  an industrial chemical that:

                              (i)  is introduced in goods, equipment, or a vehicle or other machinery; and

                             (ii)  is only intended to be released from the goods, equipment, vehicle or other machinery for the purposes of maintaining or servicing the goods, equipment, vehicle or other machinery;

                     (e)  an industrial chemical that was released from an article that was not designed to release it;

                      (f)  an industrial chemical that:

                              (i)  is imported into Australia; and

                             (ii)  remains subject to customs control under the Customs Act 1901 at all times before leaving Australia; and

                            (iii)  leaves Australia within 25 working days beginning the day the industrial chemical is introduced;

                     (g)  an industrial chemical that:

                              (i)  is imported into Australia; and

                             (ii)  is subsequently exported from Australia; and

                            (iii)  is then re‑imported into Australia;

                     (h)  an industrial chemical that is introduced by an individual solely for the individual’s personal use;

                      (i)  an industrial chemical that is introduced:

                              (i)  by an educational institution solely for educational purposes; or

                             (ii)  by a not‑for‑profit entity solely for not‑for‑profit research; or

                            (iii)  by a charity solely for a charitable purpose;

                      (j)  an industrial chemical that:

                              (i)  is introduced incidentally to the carriage of passengers, or the importation of other products, on an aircraft or a ship that leaves Australia within 25 working days beginning the day the industrial chemical is introduced; and

                             (ii)  is used to support the operation of the aircraft or ship; and

                            (iii)  is not freight.

value of the relevant industrial chemicals introduced by a person in a financial year means the value worked out in accordance with section 6.

Part 2—Registration charge

5  Amount of registration charge

             (1)  For the purposes of subsection 7(1) of the Act, the amount of charge payable in relation to the registration of a person under section 17 of the Industrial Chemicals Act 2019 for a registration year is:

                     (a)  if the person introduced a relevant industrial chemical in the 12 months preceding the registration year—the amount for the registration year set out in the table in subsection (2); and

                     (b)  if the person did not introduce a relevant industrial chemical in the 12 months preceding the registration year—nil.

             (2)  For the purposes of paragraph (1)(a), the following table sets out the amount of the charge for a registration year.

Note:          The value of the relevant industrial chemicals introduced in the preceding financial year is calculated in accordance with section 6.

6  Value of relevant industrial chemicals introduced in financial year

             (1)  The value of the relevant industrial chemicals introduced by a person in a financial year is the sum of the imported industrial chemical value and the manufactured industrial chemical value, worked out as follows:

where:

customs duty means the total duty of customs payable under the Customs Tariff Act 1995 on any relevant industrial chemicals imported by the person during the financial year.

customs value means the total customs value (within the meaning of the Customs Act 1901) of any relevant industrial chemicals imported by the person during the financial year.

factory costs means the total cost for the financial year of factory overhead expenses in relation to the manufacture of any relevant industrial chemicals manufactured by the person during the financial year.

insurance and freight costs means the total insurance and freight costs for the financial year that are related to the importation of any relevant industrial chemicals imported by the person during the financial year.

labour and material costs means the total cost for the financial year of labour and materials employed in the manufacture of any relevant industrial chemicals manufactured by the person during the financial year.

             (2)  If:

                     (a)  a person has imported relevant industrial chemicals in the financial year; and

                     (b)  the person has manufactured relevant industrial chemicals in the financial year; and

                     (c)  some or all of the imported relevant industrial chemicals were used during the financial year as ingredients or components in the manufacture by the person of one or more other relevant industrial chemicals;

the value of the relevant industrial chemicals introduced for the financial year worked out under subsection (1) is reduced as follows:

where:

manufacture use value, for an imported relevant industrial chemical, means so much of the value of the relevant industrial chemical introduced in the financial year as can be apportioned to the use of the relevant industrial chemical in the manufacture by the person of one or more other relevant industrial chemicals during the financial year.

total value of relevant industrial chemicals introduced means the value of the relevant industrial chemicals introduced by the person in the financial year worked out in accordance with subsection (1).

             (3)  The value of the relevant industrial chemical introduced by a person in a financial year worked out under subsections (1) and (2) is to be rounded to the nearest whole dollar (rounding 50 cents upwards).

Part 3—Applicational, saving and transitional provisions

7  Application of amendments made by the Industrial Chemicals Charges (General) Amendment Regulations 2023

                   The amendments made by Part 1 of Schedule 1 to the Industrial Chemicals Charges (General) Amendment Regulations 2023 apply in relation to the registration of a person for a registration year beginning on 1 September 2023 and later registration years.

Endnotes

Endnote 1—About the endnotes

The endnotes provide information about this compilation and the compiled law.

The following endnotes are included in every compilation:

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

Amending laws are annotated in the legislation history and amendment history.

The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.

The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.

Misdescribed amendments

A misdescribed amendment is an amendment that does not accurately describe how an amendment is to be made. If, despite the misdescription, the amendment can be given effect as intended, then the misdescribed amendment can be incorporated through an editorial change made under section 15V of the Legislation Act 2003.

If a misdescribed amendment cannot be given effect as intended, the amendment is not incorporated and “(md not incorp)” is added to the amendment history.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history