{"id":"C2021A00029","name":"Industrial Chemicals Environmental Management (Register) Charge (Excise) Act 2021","slug":"industrial-chemicals-environmental-management-register-charge-excise-act-2021","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"29 of 2021","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":436344,"registerId":"C2021A00029-fast-fetch-1775953570515","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Industrial Chemicals Environmental Management (Register) Charge (Excise) 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 (Excise) Act 2021\n\n \n\nNo. 29, 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 excise, 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 (Excise) Act 2021\n\nNo. 29, 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 excise, 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 (Excise) 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 excise 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(165/20)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"This Act is narrowly focused and implements a single purpose: to impose the excise‑character portion of a charge on registered introducers connected to the industrial chemicals register. It does not materially broaden or change that purpose compared with the instrument’s apparent original objective. The Act deliberately delegates rate setting, class distinctions and exemptions to regulations, but that delegation is an implementation detail rather than an expansion of scope."},"complexity_factors":["Short statute (10 sections, 3 substantive Parts) concentrating detail in regulations","Multiple cross‑references to the Industrial Chemicals Environmental Management (Register) Act 2021 for key terms (\"registered introducer\", \"registration year\") and to section 67 of that Act (ss 6, 7(1))","Delegation of substantive matters (amounts, methods, classes, exemptions) to regulations (ss 8–9, 10)","Constitutional qualification limiting operation to \"so far as\" the charge is a duty of excise (s 7(2)), which adds legal complexity in application","Conditional commencement tied to the separate Register Act (s 2), so practical operation depends on another instrument coming into force","Few defined terms in the Act itself (limited interpretive guidance); reliance on external instrument increases interpretive steps"],"plain_english_summary":"**What this law does (mechanically)\n\n- The Act creates a charge (a fee that is treated, for constitutional purposes, as an excise duty) that is payable by persons who are \"registered introducers\" of industrial chemicals for a registration year (see section 7).  The term \"registered introducer\" and \"registration year\" are taken from the Industrial Chemicals Environmental Management (Register) Act 2021 (s 6).\n\n- The Act imposes that charge only to the extent the charge is a duty of excise within the meaning of section 55 of the Constitution (s 7(2)). In short, the Commonwealth will only rely on its power to impose excise duties in enforcing the charge.\n\n- The amount to be paid is not fixed in the Act itself. Instead the regulations set either a fixed amount or a method for working out the amount (s 8). The regulations can set different amounts or methods for different classes of registered introducers (s 8(2)).\n\n- The regulations may also create exemptions from the charge (s 9). The Governor‑General makes those regulations (s 10).\n\n- The Act binds the States, the Australian Capital Territory and the Northern Territory but does not bind the Commonwealth Crown (s 3). It extends to external Territories (s 4) and it does not operate as a tax on State property (s 5).\n\n\nWho this affects\n\n- Primary payers: \"registered introducers\" of industrial chemicals (the people or entities required to be registered under the related Register Act) because the charge is imposed on them for each registration year (s 7).\n\n- Regulators and Treasury: the amount, the classes, and the exemptions are left to regulation, so executive decision‑makers (via delegated legislation) will determine practical outcomes (s 8–10).\n\n- Indirectly affected: purchasers, downstream industrial users, importers or manufacturers could face higher costs if registered introducers pass on the charge.\n\n\nWhy it matters (purpose claims and practical implications)\n\n- The statute’s operative purpose is to create a funding mechanism tied to the industrial chemicals register by charging registered introducers. That purpose is expressed by the text: it imposes the charge referenced in section 67 of the Industrial Chemicals Environmental Management (Register) Act 2021 (s 7(1)).\n\n- Practical implications and trade‑offs:\n  - Who pays: registered introducers (s 7). The financial burden falls first on those registrants; market actors may pass the cost on to customers or suppliers.\n  - Who decides rates and exemptions: the executive through regulations (s 8–10). That delegates significant detail to regulation rather than statute, concentrating discretion in the regulatory process.\n  - Predictability and compliance: because the Act does not fix amounts or classes, businesses must monitor subordinate legislation to know their obligations. This creates an ongoing compliance information cost.\n  - Constitutional constraint: the Act expressly limits the charge to the extent it is an excise (s 7(2)), which may narrow the Commonwealth’s taxing reach and affect how regulations are framed to meet the constitutional test.\n  - Distribution of effects: the Act centralises rate-setting and exemption design in regulation; the benefits (revenue for the register or related administrative functions) are concentrated for the program, while costs are borne by registrants and potentially downstream users.\n\n\nKey implementation mechanics to watch\n\n- The Act relies on cross‑reference to the Register Act for crucial definitions (s 6). Without consulting that Act you cannot identify who is a registrant, or the timing of a registration year.\n- The regulations will determine almost all practical details: the dollar amounts or formulas, class distinctions, and exemptions (s 8–9). The statutory text gives little operational detail by design.\n- Constitutional limit (s 7(2)) may require careful drafting of regulations and enforcement to ensure the charge qualifies as an excise.\n\n\nSections cited: preliminary definitions and coverage (ss 1–6), imposition and constitutional limit (s 7), amount and regulatory delegation (s 8), exemptions (s 9), and regulation‑making power (s 10)."},"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: providing the constitutional mechanism to impose excise duties on registered chemical introducers. It has not expanded beyond this narrow, technical function."},"complexity_factors":["Very short statute — only 10 sections across 3 Parts","Minimal defined terms — only 6 definitions in section 6, most of which simply point to definitions in the companion Act","Heavy reliance on delegated legislation — the actual charge amounts, calculation methods, and exemptions are all left to regulations (section 8 and 9)","Single cross-reference dependency — the entire operation of this Act depends on the parallel Industrial Chemicals Environmental Management (Register) Act 2021","No nested exceptions or conditional logic — the operative provisions are straightforward imposition and amount-setting provisions","Constitutional limitation clearly stated — section 7(2) simply limits the Act to excise duties without complex conditional application"],"plain_english_summary":"This law creates a **fee (called a 'charge')** that businesses must pay when they register to import or manufacture industrial chemicals in Australia.\n\n**Who it affects:**\n- **Registered introducers** — these are companies or people who register under the Industrial Chemicals Environmental Management (Register) Act 2021 to bring industrial chemicals into Australia or make them here.\n\n**What it does:**\n- **Imposes a charge** on these registered introducers for each registration year (essentially an annual fee).\n- **The amount** isn't set in this law itself — it's left to regulations (rules made later by the government), which can set different fees for different types of businesses.\n- **Exemptions** can also be created by regulations, meaning some introducers might not have to pay.\n\n**Why it matters:**\nThis is one of two parallel laws (the other being a 'customs duty' version) that ensure the government can legally collect fees from chemical importers and manufacturers. This specific version deals with fees that count as **excise** — a type of tax on goods produced or manufactured in Australia (as opposed to imported goods). The Constitution requires excise duties to be imposed by a separate Act of Parliament, which is why this short, technical law exists.\n\n**Key point:** This law doesn't stand alone — it works with the main Industrial Chemicals Environmental Management (Register) Act 2021, which contains the detailed rules about registration and chemical management."}},"importantCases":[],"_links":{"self":"/api/acts/industrial-chemicals-environmental-management-register-charge-excise-act-2021","history":"/api/acts/industrial-chemicals-environmental-management-register-charge-excise-act-2021/history","analysis":"/api/acts/industrial-chemicals-environmental-management-register-charge-excise-act-2021/analysis","conflicts":"/api/acts/industrial-chemicals-environmental-management-register-charge-excise-act-2021/conflicts","importantCases":"/api/acts/industrial-chemicals-environmental-management-register-charge-excise-act-2021/important-cases","documents":"/api/acts/industrial-chemicals-environmental-management-register-charge-excise-act-2021/documents"}}