{"id":"C2019A00018","name":"Industrial Chemicals Charges (Customs) Act 2019","slug":"industrial-chemicals-charges-customs-act-2019","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"18 of 2019","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436303,"registerId":"C2019A00018-fast-fetch-1775953543875","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industrial Chemicals Charges (Customs) Act 2019","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nIndustrial Chemicals Charges (Customs) Act 2019\n\n \n\nNo. 18, 2019\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose charge on the registration of introducers of industrial chemicals, so far as that charge is a duty of customs\n\n \n\n \n\n \n\nContents\n\n1 Short title\n\n2 Commencement\n\n3 Extension to external Territories\n\n4 Act binds the Crown\n\n5 Definitions\n\n6 Imposition of charge\n\n7 Amount of charge\n\n8 Act does not impose tax on property of a State\n\n9 Regulations\n\n \n\n![Commonwealth Coat of Arms of Australia](image.001.png)\n\n \n\n \n\nIndustrial Chemicals Charges (Customs) Act 2019\n\nNo. 18, 2019\n\n \n\n \n\n \n\nAn Act to impose charge on the registration of introducers of industrial chemicals, so far as that charge is a duty of customs\n\n[Assented to 3 April 2019]\n\nThe Parliament of Australia enacts:\n\n1  Short title\n\n  This Act is the Industrial Chemicals Charges (Customs) Act 2019.\n\n2  Commencement\n\n (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. Sections 1 and 2 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 3 April 2019\n- 2. Sections 3 to 9 The later of:(a) the start of the day after this Act receives the Royal Assent; and(b) immediately after the commencement of section 3 of the Industrial Chemicals Act 2019.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 1 July 2020(paragraph (b) applies)\n\n\nNote: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.\n\n (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.\n\n3  Extension to external Territories\n\n  This Act extends to every external Territory.\n\n4  Act binds the Crown\n\n  This Act binds the Crown in each of its capacities. However, it does not bind the Crown in right of the Commonwealth.\n\n5  Definitions\n\n  In this Act:\n\namount includes a nil amount.\n\ncharge means charge imposed by this Act.\n\nindustrial chemical has the same meaning as in the Industrial Chemicals Act 2019.\n\nintroduce an industrial chemical has the same meaning as in the Industrial Chemicals Act 2019.\n\nproperty of any kind belonging to a State has the same meaning as in section 114 of the Constitution.\n\nregistration year has the same meaning as in the Industrial Chemicals Act 2019.\n\n6  Imposition of charge\n\n (1) Charge is imposed in relation to the registration of a person under section 17 of the Industrial Chemicals Act 2019 for a registration year.\n\n (2) This section imposes charge only so far as that charge is a duty of customs within the meaning of section 55 of the Constitution.\n\n7  Amount of charge\n\n (1) The amount of charge payable by a person is the amount:\n\n (a) prescribed by the regulations; or\n\n (b) worked out in accordance with a method prescribed by the regulations.\n\n (2) Without limiting subsection (1), the regulations may prescribe different charges or methods depending on the value of industrial chemicals introduced by the person during a registration year or a financial year.\n\n8  Act does not impose tax on property of a State\n\n  This Act does not impose a tax on property of any kind belonging to a State.\n\n9  Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed; or\n\n (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act.\n\n \n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 1 June 2017\n\nSenate on 18 October 2017]\n\n \n\n(100/17)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"This Act is narrowly focused and technical: it simply creates a mechanism to impose a charge on registrants under the Industrial Chemicals Act 2019 and to treat that charge (to the extent applicable) as a duty of customs. It delegates substantive rate and calculation detail to regulations and cross‑refers to the Industrial Chemicals Act for definitions and registration mechanics. There is no indication in the text that the Act expands beyond that original, narrow purpose."},"complexity_factors":["Very short Act (9 substantive sections plus commencement table).","Only 6 defined terms in the Act’s interpretation section (s5).","Heavy reliance on cross‑references to the Industrial Chemicals Act 2019 for substantive definitions and the registration mechanism (s5, s6(1)).","Monetary detail delegated entirely to regulations: amount or method prescribed by regulation (s7) and regulations may vary by value introduced (s7(2)).","Conditional commencement tied to the commencement of a provision in the Industrial Chemicals Act 2019 (s2) adds sequence dependency.","Constitutional limitation: the charge applies only so far as it is a \"duty of customs\" (s6(2)), creating interpretive/legal complexity beyond the statute’s text.","Small number of cross‑references to the Constitution (s6(2) and s8 referring to s114) which import constitutional law considerations."],"plain_english_summary":"**What this law does (mechanically)**\n\n- The Act creates a charge (a fee) that applies when a person is registered as an \"introducer of industrial chemicals\" under the Industrial Chemicals Act 2019 (see section 6(1)). The registration referred to is the registration in section 17 of the Industrial Chemicals Act 2019.\n- The charge is only imposed \"so far as\" it qualifies as a duty of customs under section 55 of the Constitution (s6(2)). That is, the Act treats the charge as a customs duty to the extent constitutional law permits.\n- The amount payable is not set in the Act itself. Instead the amount (or the method for calculating it) is left to regulations (s7(1)). Regulations may set different charges or calculation methods depending on the value of the industrial chemicals introduced in a registration year or a financial year (s7(2)).\n- The Governor‑General makes the regulations (s9). The Act extends to external Territories (s3) and, subject to a specific qualification, binds the Crown (s4). The Act explicitly does not impose a tax on State property (s8).\n\n**Who is affected**\n\n- Primary payers: people who must register as introducers of industrial chemicals under the Industrial Chemicals Act 2019 (the Act cross‑refers to the definition of \"introduce an industrial chemical\" in that Act) (s5, s6(1)). In practice this will include importers and other persons whose activities fall within the Industrial Chemicals Act definitions.\n- Decision‑makers: the executive (via regulations made by the Governor‑General) sets the charge amounts or methods (ss7–9). The registration requirement and procedural detail sit in the Industrial Chemicals Act 2019, not this Act.\n\n**Why it matters (stated purpose and practical effect)**\n\n- The Act’s stated legal effect is to create a payable charge linked to registration under the Industrial Chemicals Act and to ensure that, for constitutional purposes, the charge is treated as a duty of customs where it fits that category (s6). That classification has legal consequences (for example, it interacts with constitutional limits such as the prohibition on taxing State property — s8 refers to s114 of the Constitution).\n- Practically, the Act establishes the legal vehicle for cost recovery or revenue collection from those introducing industrial chemicals, while leaving the specific rates, tiers or calculation formulas to subordinate legislation (s7).\n\n**Immediate implementation and legal structure**\n\n- The Act is short and largely enabling: it relies on the Industrial Chemicals Act 2019 for definitions (\"industrial chemical\", \"introduce an industrial chemical\", \"registration year\") (s5) and on regulations for the monetary details (s7, s9).\n- Commencement of most provisions is conditional on provisions of the Industrial Chemicals Act 2019 (s2).\n\n**Costs, incentives and trade‑offs (practical testing of purpose claims)**\n\n- Who pays: cost is concentrated on the registrants/introducers of industrial chemicals (s6(1), s7). If regulations set charges by value introduced, larger importers or introducers pay more (s7(2)).\n- Who decides and discretion: the executive decides rates and methods through regulations (ss7–9). That delegates substantive pricing and possibly tiering decisions to regulation rather than Parliament.\n- Compliance burden: businesses must track the volume/value of chemicals introduced over the relevant registration year or financial year (if the regulations adopt that method) to calculate the charge; this imposes administrative and recordkeeping costs.\n- Market and pricing effects: firms may pass charges through to customers, adjust import volumes, or alter sourcing/manufacture decisions depending on how the regulations structure the charge. The Act itself does not prescribe cost‑recovery caps or exemptions; those details live in subordinate instruments.\n- Constitutional and legal constraints: the charge only applies to the extent it falls within the constitutional concept of a customs duty (s6(2)), so legal interpretation may be required to determine coverage. The Act also avoids imposing a tax on State property (s8), which narrows potential application.\n- Implementation risk and uncertainty: because rates/methods are in regulations, stakeholders will need to examine those regulations to understand actual costs and compliance rules. Cross‑references to the Industrial Chemicals Act mean businesses must consult both Acts to know registration triggers and timing (s5, s6).\n\n**Practical checklist for an affected business**\n\n- Check whether you are an \"introducer\" of industrial chemicals under the Industrial Chemicals Act 2019 (definitions cross‑referenced in s5).\n- Check registration obligations under section 17 of the Industrial Chemicals Act 2019 (registration triggers the charge under s6(1)).\n- Review the regulations (made under ss7–9) to see the charge amount or calculation method and any value‑based tiers.\n- Prepare to record and report the value/volume of chemicals introduced in the relevant period if the regulations use that basis (s7(2)).\n\n**Key statutory references**: sections 5–9 (definitions, imposition, amount, State property exclusion, regulations) and section 6 which ties the charge to registration and to the constitutional category of customs duties."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: imposing a customs duty on registration of industrial chemical introducers. It has not expanded beyond this narrow, specific function."},"complexity_factors":["Very short statute — only 9 sections","Minimal defined terms (5 definitions in section 5, mostly referencing another Act)","No nested exceptions or complex conditional logic","Heavy reliance on delegated legislation (regulations) for substantive details like fee amounts","Simple structure: definitions → imposition → amount → constitutional safeguard → regulation-making power","Single cross-reference to the Industrial Chemicals Act 2019 for core concepts"],"plain_english_summary":"This law creates a **registration fee** (called a 'charge') for businesses that want to import industrial chemicals into Australia.\n\n**What it does:**\n- Requires companies or individuals who bring industrial chemicals into Australia to register with the government\n- Imposes a fee for this registration\n- The fee is treated as a **duty of customs** (a tax on imported goods), which is important for constitutional reasons\n\n**Who it affects:**\n- **Importers of industrial chemicals** — businesses that bring chemicals used in manufacturing, construction, or other industrial processes into Australia\n- The fee amount is set by government regulations and can vary based on how much the business imports\n\n**Why it matters:**\n- This is part of Australia's system for regulating industrial chemicals to ensure they're safe for human health and the environment\n- The registration fee helps fund the regulatory scheme\n- The law is carefully drafted to fit within Australia's constitutional framework — specifically, it uses the customs power (section 55 of the Constitution) to impose the charge, which is why it's limited to imports\n\n**Key limitation:**\n- This specific Act only covers the **customs** aspect (imports). There's a companion Act that covers chemicals produced or manufactured within Australia."}},"importantCases":[],"_links":{"self":"/api/acts/industrial-chemicals-charges-customs-act-2019","history":"/api/acts/industrial-chemicals-charges-customs-act-2019/history","analysis":"/api/acts/industrial-chemicals-charges-customs-act-2019/analysis","conflicts":"/api/acts/industrial-chemicals-charges-customs-act-2019/conflicts","importantCases":"/api/acts/industrial-chemicals-charges-customs-act-2019/important-cases","documents":"/api/acts/industrial-chemicals-charges-customs-act-2019/documents"}}