Commonwealth Numbered Regulations - Explanatory Statements

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INDUSTRIAL CHEMICALS (NOTIFICATION AND ASSESSMENT) REGULATIONS (AMENDMENT) 1995 NO. 81

Statutory Rules 1995 No. 81

Issued by the Authority of the Assistant Minister for Industrial Relations

Industrial Chemicals (Notification and Assessment) Act 1989

Industrial Chemicals (Notification and Assessment) Regulations (Amendment)

Section 111 of the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 110 of the Act provides that the regulations may prescribe fees, or a method of calculating fees, to be paid to the Commonwealth in respect of a variety of applications, notifications and other actions under the Act.

These regulations extended the availability of the Administrative Appeals Tribunal (the AAT) review to a decision of the Director to remit part of a fee and removed a reference to a subregulation which has previously been omitted.

Subsection 55(1) of the Act provides that an application may be made for an assessment of a priority existing chemical. Subsection 55(2) makes separate provision for a late application for an assessment.

Subsection 58(3) of the Act provides that the Director may require certain information to be given to allow the proper assessment of the chemical. Subregulation 15(4) of the Principal Regulations allows the Director to remit 10 per cent of the fee paid in relation to an application under subsections 55(1) or 55(2) of the Act where the applicant supplies the information required under subsection 58(3) in sufficient detail and within the specified time limit.

Regulation 17 of the Principal Regulations provides that an application may be made to the AAT for review of a decision of the Director under subregulations 14(1) or 15(1). The decision under subregulation 15(4) is based on partly subjective criteria, that is, whether the information is submitted in sufficient detail. It was therefore considered appropriate to extend the AAT review provided for in regulation 17 to the decision in subregulation 15(4).

Old regulation 14 was omitted by Statutory Rule No. 368 of 1994 and a new regulation was substituted; however, the reference to the previous subregulation 14(1) in regulation 17 was overlooked and is no longer relevant.

Subregulation 2.1 amended regulation 17 to include a reference to subregulation 15(4) and remove the reference to subregulation 14(1).