{"id":"F2020L00704","name":"Industrial Chemicals (Fees and Charges) Rules 2020","slug":"industrial-chemicals-fees-and-charges-rules-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100155,"registerId":"commonwealth-F2020L00704-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"## Part 1—Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n This instrument is the Industrial Chemicals (Fees and Charges) Rules 2020.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n This instrument is made under the Industrial Chemicals Act 2019.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n In this instrument:\n\n> Act means the Industrial Chemicals Act 2019.\n\n> application fee means the fee imposed under section 5 in relation to an application.\n\n> category A country, in relation to an industrial chemical mentioned in section 73 of the General Rules, means a country that:\n\n (a) is a party to the Rotterdam Convention; and\n (b) has provided an import response to the Secretariat that:\n (i) gives consent to the import of the industrial chemical; or\n (ii) gives consent to the import of the industrial chemical, subject to specified conditions.\n\n> category B country, in relation to an industrial chemical mentioned in section 73 of the General Rules, means a country that:\n\n (a) is a party to the Rotterdam Convention; and\n (b) either:\n (i) has provided an import response to the Secretariat that gives no consent to the import of the industrial chemical; or\n (ii) has not provided an import response to the Secretariat in relation to the industrial chemical.\n\n> category C country means a country that is not a party to the Rotterdam Convention.\n\n> comparable hazard assessment of an industrial chemical means a written assessment or evaluation of the environment hazard characteristics, the human health hazard characteristics, or both, of the industrial chemical by one of the following:\n\n (a) the Executive Director;\n (b) the area of the Department known as the Therapeutic Goods Administration;\n (c) the Australian Pesticides and Veterinary Medicines Authority;\n (d) Environment and Climate Change Canada;\n (e) the European Commission Scientific Committee on Consumer Products;\n (f) the European Scientific Committee on Consumer Safety;\n (g) the European Commission Scientific Committee on Cosmetic Products and Non‑Food Products intended for Consumers;\n (h) Food Standards Australia New Zealand;\n (i) Health Canada;\n (j) the United States Environmental Protection Agency.\n\n> environment hazard characteristic has the same meaning as in the General Rules.\n\n> General Rules means the Industrial Chemicals (General) Rules 2019.\n\n> human health hazard characteristic has the same meaning as in the General Rules.\n\n> import response, in relation to an industrial chemical mentioned in section 73 of the General Rules, means any of the following:\n\n (a) a consent to the import of the industrial chemical;\n (b) a consent to the import of the industrial chemical, subject to specified conditions;\n (c) a consent to the import of the industrial chemical during an interim period;\n (d) a consent to the import of the industrial chemical during an interim period, subject to specified conditions;\n (e) no consent to the import of the industrial chemical;\n (f) no consent to the import of the industrial chemical during an interim period.\n\n> Note: In 2020, a database of import responses made by countries that are parties to the Rotterdam Convention was available at the Rotterdam Convention website (http://www.pic.int).\n\n> indicative environment risk has the same meaning as in the General Rules.\n\n> indicative human health risk has the same meaning as in the General Rules.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Application fees","content":"## Part 2—Application fees","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Application fees","content":"#### 5 Application fees\n\n General\n (1) For the purposes of paragraph 167(1)(f) of the Act, the following table sets out the amount of the fee that is to accompany an application of a kind mentioned in an item in the table.\n\n```html\n

Application fees

Item

Kind of application

Amount ($)

1

An application under section 16 of the Act for registration

80

2

An application under section 31 of the Act for an assessment certificate for the introduction of an industrial chemical

the amount worked out under subsection (2), (3) or (4) (whichever is applicable)

3

An application under subsection 40(1) of the Act for a person to be covered by a certificate

1,540

4

An application under subsection 40(4) of the Act to be removed as a person covered by a certificate

830

5

An application under subsection 41(1) of the Act to be added as a holder of a certificate

1,540

6

An application under subsection 41(4) of the Act to be removed as a holder of a certificate

830

7

An application under section 43 of the Act to vary a term of an assessment certificate

4,885

8

An application under section 53 of the Act for a commercial evaluation authorisation

6,695

9

An application under subsection 60(1) of the Act to be added as a holder of a commercial evaluation authorisation

1,540

10

An application under subsection 60(4) of the Act to be removed as a holder of a commercial evaluation authorisation

830

11

An application under section 62 of the Act to vary a term of a commercial evaluation authorisation

2,605

12

An application under subsection 83(1) of the Act for an industrial chemical to be listed on the Inventory

1,540

13

An application under subparagraph 87(1)(c)(ii) of the Act to vary a term of the Inventory listing for an industrial chemical

1,540

14

An application under section 88 of the Act to vary a term of the Inventory listing for an industrial chemical

4,885

15

An application under subsection 105(1) of the Act for the proper name for an industrial chemical to be treated as confidential business information

1,785

16

An application under subsection 105(2) of the Act for an end use for an industrial chemical to be treated as confidential business information

625

17

An application under section 111 of the Act for the proper name or end use for an industrial chemical to continue to be treated as confidential business information

4,710

18

An application under section 113 of the Act for information to be treated as confidential business information

1,190

19

An application under section 74 of the General Rules for approval to introduce an industrial chemical

4,930

20

An application under section 74 of the General Rules for approval to export an industrial chemical

(a) if the export is to a category A country for the industrial chemical—2,470; or

(b) if the export is to a category B country for the industrial chemical—4,930; or

(c) if the export is to a category C country—2,470

21

An application under subitem 36(2) of Schedule 2 to the Industrial Chemicals (Consequential Amendments and Transitional Provisions) Act 2019 to be taken to be a confidence holder for a confidential Inventory listing for an industrial chemical

4,230

\n```\n\n Applications under section 31 of the Act\n (2) For the purposes of item 2 of the table in subsection (1) and subject to subsection (6), the amount of the fee that is to accompany an application under section 31 of the Act for an assessment certificate for the introduction of an industrial chemical is as follows:\n (a) subject to subsections (3) and (4), the amount worked out using the table at the end of this subsection;\n (b) if the application includes a comparable hazard assessment of the industrial chemical and the application is not covered by subsection (3) or (4)—$18,060.\n\n```html\n

Applications under section 31 of the Act—general

Item

If the indicative human health risk for the introduction of the industrial chemical …

and the indicative environment risk for the introduction of the industrial chemical …

then the amount ($) of the fee is …

1

(a) is very low; or

(b) is low

(a) is very low; or

(b) is low

7,670

2

(a) is very low; or

(b) is low

(a) is medium to high risk; or

(b) has not been determined at the time the application is made

24,100

3

(a) is medium to high risk; or

(b) has not been determined at the time the application is made

(a) is very low; or

(b) is low

24,100

4

(a) is medium to high risk; or

(b) has not been determined at the time the application is made

(a) is medium to high risk; or

(b) has not been determined at the time the application is made

36,050

\n```\n\n> Note: For how to determine the indicative human health risk and the indicative environment risk, see Chapter 2 of the General Rules.\n\n (3) If:\n (a) an application (the first application) is made by a person under section 31 of the Act for an assessment certificate for the introduction of an industrial chemical; and\n (b) at the same time as the first application is made, the person makes one or more other applications (a related application) under that section for an assessment certificate for the introduction of another industrial chemical; and\n (c) the industrial chemicals to which the first application and each related application relate are similar and have the same end use;\n then:\n (d) the amount of the fee that is to accompany the first application is an amount worked out using the table in subsection (2); and\n (e) the amount of the fee that is to accompany each related application is $7,235.\n (4) If:\n (a) an application (the first application) is made by a person under section 31 of the Act for an assessment certificate for the introduction of an industrial chemical; and\n (b) at the same time as the first application is made, the person makes one or more other applications (a related application) under that section for an assessment certificate for the introduction of another industrial chemical; and\n (c) the industrial chemicals to which the first application and each related application relate are intended to be part of the same multi‑component introductions;\n then:\n (d) the amount of the fee that is to accompany the first application is an amount worked out using the table in subsection (2); and\n (e) the amount of the fee that is to accompany each related application is $2,735.\n Multi‑component introductions\n (5) For the purposes of paragraph (4)(c), 2 or more industrial chemicals (component chemicals) may be part of multi‑component introductions if:\n (a) each component chemical can be uniquely identified; and\n (b) the component chemicals are manufactured (whether in Australia or otherwise) together; and\n (c) the component chemicals are to be introduced into, and used in, Australia together (and not separated during introduction or use); and\n (d) there is no single CAS name that covers all the component chemicals and only the component chemicals.\n Lower fee applies if more than one fee is specified for an application\n (6) If paragraphs (2)(a) and (b) both apply in relation to an application, the amount of the fee that is to accompany the application is the lower of the applicable amounts.","sortOrder":5},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"## Part 3—Miscellaneous","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Refund of overpayments of registration charge","content":"#### 6 Refund of overpayments of registration charge\n\n For the purposes of paragraph 22(b) of the Act, the Executive Director may, on behalf of the Commonwealth, refund an overpayment of registration charge by a person in relation to a registration year:\n (a) on the Executive Director’s own initiative, at any time within 3 years after the end of the registration year; or\n (b) if, within 3 years after the end of the registration year, the person applies to the Executive Director, in writing, for the refund.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Waiving application fees","content":"#### 7 Waiving application fees\n\n (1) This section applies for the purposes of subsection 170(1) of the Act.\n (2) If:\n (a) a person makes an application under the Act; and\n (b) the person has paid an application fee in relation to the application; and\n (c) the person withdraws the application before a decision has been made on the application;\n the Executive Director may, on behalf of the Commonwealth, if the Executive Director considers it appropriate to do so, waive the whole or part of the application fee.\n (3) When considering whether to waive the whole or part of an application fee under subsection (2), the Executive Director must have regard to the costs that have been incurred, if any, in considering the application.\n (4) If the Executive Director waives the whole or part of an application fee, the Executive Director must, on behalf of the Commonwealth, refund the amount waived.","sortOrder":8}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Rules do not alter who or what the Act regulates. They prescribe the amounts, calculation methods and administrative rules for fees, refunds and waivers under the Industrial Chemicals Act 2019 and rely on the General Rules for risk determinations."},"complexity_factors":["Numerous fixed-fee items across many application types (s 5(1) table) increasing administrative detail.","Risk‑based fee scale for assessment certificates with four fee bands and conditional determinations (s 5(2) and accompanying table).","Alternative flat fee when a comparable hazard assessment is provided (s 5(2)(b)) which changes incentives to supply external assessments.","Reduced fees for related applications and multi‑component introductions with specific eligibility conditions (s 5(3)–(5)).","Export‑destination categories (A/B/C) tied to Rotterdam Convention status affect fees for export approvals (definitions and s 5(1) item 20).","Cross‑references to the General Rules for how indicative risks are determined (s 4 definitions and s 5 note), adding inter‑instrument dependency.","Executive Director discretion on refunds and waivers, including time limits and consideration of incurred costs (ss 6 and 7), creating administrative discretion and compliance uncertainty.","Rule that the lower of applicable fees applies where multiple fee rules intersect (s 5(6)), requiring fee calculations in some cases."],"plain_english_summary":"This instrument sets the fees and charges that must accompany applications under the Industrial Chemicals Act 2019. It lists fixed fees for many application types, a risk‑based fee scale for assessment certificates (with a lower fee when a comparable hazard assessment is supplied), reduced fees for related or multi‑component applications, differential export fees by destination category, and rules for refunds and waivers exercisable by the Executive Director. It matters to businesses and applicants who pay these fees and to the regulator that administers refunds and discretionary waivers."},"kimi_summary":{"content_quality":"ok","complexity_score":5,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original purpose as a fees and charges instrument under the Industrial Chemicals Act 2019. The scope covers application fees, registration charge refunds, and fee waivers as expected for subordinate legislation of this type. The detailed fee structures for risk-based assessment and Rotterdam Convention export approvals align with the Act's objectives of regulating industrial chemicals while harmonising with international standards."},"complexity_factors":["Multiple fee calculation methods with cross-referencing: fees depend on risk matrices, comparable hazard assessments, and whether applications are 'related' or 'multi-component'","Nested conditional logic in section 5: subsections (2), (3), (4), and (6) interact to determine final fee amounts, with a 'lower of' rule in subsection (6)","Extensive defined terms (12 explicit definitions) that incorporate by reference to the 'General Rules' (Industrial Chemicals (General) Rules 2019), including 'indicative human health risk', 'indicative environment risk', and 'comparable hazard assessment'","International treaty references: fees for exports depend on complex categorisation of destination countries (Category A, B, or C) based on their status under the Rotterdam Convention and their specific 'import responses'","Tabular presentation of fee schedules requiring readers to cross-reference multiple variables (risk levels, application types, country categories)","Multi-component introduction rules with four cumulative criteria in subsection 5(5)"],"plain_english_summary":"This instrument sets the fees businesses must pay when registering, introducing, exporting or otherwise dealing with industrial chemicals in Australia. It uses a risk‑based fee scale (higher fees for higher human/environmental risk), provides reductions when applicants supply accepted overseas safety assessments, and allows refunds or partial waivers (e.g., withdrawn applications or overpaid charges).\n\nIt affects manufacturers, importers/exporters and anyone seeking Inventory listing or confidentiality for chemical information."},"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"}},"importantCases":[],"_links":{"self":"/api/acts/industrial-chemicals-fees-and-charges-rules-2020","history":"/api/acts/industrial-chemicals-fees-and-charges-rules-2020/history","analysis":"/api/acts/industrial-chemicals-fees-and-charges-rules-2020/analysis","conflicts":"/api/acts/industrial-chemicals-fees-and-charges-rules-2020/conflicts","importantCases":"/api/acts/industrial-chemicals-fees-and-charges-rules-2020/important-cases","documents":"/api/acts/industrial-chemicals-fees-and-charges-rules-2020/documents"}}