{"id":"C2021A00028","name":"Industrial Chemicals Environmental Management (Register) Charge (Customs) Act 2021","slug":"industrial-chemicals-environmental-management-register-charge-customs-act-2021","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"28 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436342,"registerId":"C2021A00028-fast-fetch-1775953570513","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industrial Chemicals Environmental Management (Register) Charge (Customs) Act 2021","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 Environmental Management (Register) Charge (Customs) Act 2021\n\n \n\nNo. 28, 2021\n\n \n\n \n\n \n\n \n\n \n\nAn Act to impose charge on registered introducers of industrial chemicals, so far as that charge is a duty of customs, and for related purposes\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Crown to be bound\n\n4 Extension to external Territories\n\n5 Act does not impose tax on property of a State\n\n6 Definitions\n\nPart 2—Charge\n\n7 Imposition of charge\n\n8 Amount of charge\n\n9 Exemptions from charge\n\nPart 3—Miscellaneous\n\n10 Regulations\n\n \n\n![Commonwealth Coat of Arms of Australia](image.002.png)\n\n \n\n \n\nIndustrial Chemicals Environmental Management (Register) Charge (Customs) Act 2021\n\nNo. 28, 2021\n\n \n\n \n\n \n\nAn Act to impose charge on registered introducers of industrial chemicals, so far as that charge is a duty of customs, and for related purposes\n\n[Assented to 26 March 2021]\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act is the Industrial Chemicals Environmental Management (Register) Charge (Customs) Act 2021.\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. The whole of this Act The later of:(a) the start of the day after this Act receives the Royal Assent; and(b) immediately after the commencement of the Industrial Chemicals Environmental Management (Register) Act 2021.However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 27 March 2021\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  Crown to be bound\n\n  This Act binds the Crown in right of each of the States, of the Australian Capital Territory and of the Northern Territory. However, it does not bind the Crown in right of the Commonwealth.\n\n4  Extension to external Territories\n\n  This Act extends to the external Territories.\n\n5  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\n6  Definitions\n\n  In this Act:\n\namount includes a nil amount.\n\ncharge means charge imposed by section 7.\n\nproperty of any kind belonging to a State has the same meaning as in section 114 of the Constitution.\n\nregistered introducer for a registration year has the same meaning as in the Industrial Chemicals Environmental Management (Register) Act 2021.\n\nregistration year has the same meaning as in the Industrial Chemicals Environmental Management (Register) Act 2021.\n\nPart 2—Charge\n\n \n\n7  Imposition of charge\n\n (1) Charge payable by a registered introducer for a registration year under section 67 of the Industrial Chemicals Environmental Management (Register) Act 2021 is imposed.\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\n8  Amount of charge\n\n (1) The amount of charge payable by a registered introducer for a registration year is:\n\n (a) the amount prescribed by the regulations; or\n\n (b) the amount worked out in accordance with the method prescribed by the regulations.\n\n (2) Without limiting subsection (1), the regulations may specify different amounts or methods for different classes of registered introducers.\n\n9  Exemptions from charge\n\n  The regulations may provide for exemptions from charge.\n\nPart 3—Miscellaneous\n\n \n\n10  Regulations\n\n  The Governor‑General may make regulations prescribing matters:\n\n (a) required or permitted by this Act to be prescribed by the regulations; 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 3 December 2020\n\nSenate on 18 March 2021]\n\n \n\n(164/20)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Act implements a charge on registered introducers as provided for in the Register Act and confines the charge to duties of customs (s7). It does not expand the class of persons captured beyond \"registered introducers\"; however, the practical reach (who ultimately pays and how much) depends on regulations that set amounts, classes, methods and exemptions (s8–s10)."},"complexity_factors":["Relies on external Act for key definitions and charge trigger (registered introducer; registration year; and charge payable under section 67 of the Industrial Chemicals Environmental Management (Register) Act 2021) (s6, s7(1)).","Constitutional constraint limits application to amounts that are duties of customs, adding a legal boundary that must be assessed (s7(2)).","Substantial delegation to regulations for amount, methods, classes, and exemptions creates administrative discretion and leaves substantive detail outside the statute (s8, s8(2), s9, s10).","Commencement is contingent on the separate Register Act commencing, producing a linked implementation timetable (s2).","Statute is short and prescriptive about who is charged but sparse on substantive calculation rules, increasing reliance on secondary instruments (whole Act)."],"plain_english_summary":"This Act imposes a charge, framed as a duty of customs, on persons who are \"registered introducers\" of industrial chemicals under the Industrial Chemicals Environmental Management (Register) Act 2021. The dollar amount, classes of introducers, and any exemptions are set by regulation, and the charge applies only to the extent it qualifies as a customs duty (see ss 6–9). It matters to registered introducers because it creates a regulatory cost and to administrators because it delegates key design choices to regulations."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The Act remains tightly focused on its original purpose: imposing a charge on registered introducers of industrial chemicals specifically as a customs duty. It has not expanded beyond this narrow technical function. The Act is a 'mirror' or 'tied' Act that operates in conjunction with the Industrial Chemicals Environmental Management (Register) Act 2021 and its associated charges, maintaining its original scope of providing the constitutional basis for charging importers."},"complexity_factors":["Only 10 sections total, with minimal substantive content","Only 6 defined terms in section 6, most of which simply cross-reference the companion Act","Heavy reliance on regulations for substantive details (amount of charge, exemptions, calculation methods)","No nested exceptions or complex conditional logic within the Act itself","Simple structure: preliminary provisions, single charge mechanism, regulation-making power","Constitutional limitation in section 7(2) is straightforward (customs duty framing)"],"plain_english_summary":"This law creates a **customs charge** (a type of tax) on businesses that import industrial chemicals into Australia.\n\n**Who it affects:**\n- **Registered introducers** — these are businesses or individuals registered under the Industrial Chemicals Environmental Management (Register) Act 2021 who bring industrial chemicals into Australia.\n\n**What it does:**\n- **Imposes a charge** (section 7) on these registered introducers for each registration year.\n- **Sets the amount** (section 8) through regulations — either as a fixed fee or a calculated amount based on a method set out in regulations. Different types of introducers can be charged different amounts.\n- **Allows exemptions** (section 9) — the government can make regulations to exempt certain people or situations from paying the charge.\n- **Limits the charge to customs duties** (section 7(2)) — this is specifically framed as a customs duty under the Constitution, which is why it's a separate Act from the main registration scheme.\n\n**Why it matters:**\nThis is one of three \"mirror\" Acts that impose the same charge in different legal forms — this one covers it as a **customs duty** (tax on imports). The charge helps fund the regulatory system for managing industrial chemicals in Australia, ensuring businesses pay their share of environmental management costs. Without this specific Act, the charge on imports might be unconstitutional because the Commonwealth can only impose certain types of taxes in specific ways.\n\n**Key technical note:**\nThe Act is deliberately short because most of the detail (how much to pay, who is exempt) is left to **regulations** — secondary laws made by the government. This makes the legislation flexible but means the actual costs aren't set out in the Act itself."}},"importantCases":[],"_links":{"self":"/api/acts/industrial-chemicals-environmental-management-register-charge-customs-act-2021","history":"/api/acts/industrial-chemicals-environmental-management-register-charge-customs-act-2021/history","analysis":"/api/acts/industrial-chemicals-environmental-management-register-charge-customs-act-2021/analysis","conflicts":"/api/acts/industrial-chemicals-environmental-management-register-charge-customs-act-2021/conflicts","importantCases":"/api/acts/industrial-chemicals-environmental-management-register-charge-customs-act-2021/important-cases","documents":"/api/acts/industrial-chemicals-environmental-management-register-charge-customs-act-2021/documents"}}