CTHRepealedAct
Industrial Chemicals (Notification and Assessment) Act 1989
110Fees
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#### 110 Fees
(1) Regulations may prescribe fees, or a method of calculating fees to be paid to the Commonwealth in respect of each of the following:
(aa) an application under section 13B that is made after 28 days of the giving of an assessment certificate;
(a) an application under subsection 14(3);
(b) an application under subsection 17(3) to be the holder of a confidence;
(caaa) a statement under subsection 19(4);
(ca) an application under section 21B for a commercial evaluation permit;
(cb) an application under section 21B for a renewal of a commercial evaluation permit;
(cc) an application under section 21R for a low volume permit;
(cd) an application under section 21R for a renewal of a low volume permit;
(ce) an application under section 22B for a controlled use permit;
(cf) an application under section 22B for a renewal of a controlled use permit;
(e) an application under section 23 for an assessment certificate, not being an application to which paragraph 41(3)(d) or subsection 44(1) applies;
(ea) an application under section 23A for a self‑assessed assessment certificate;
(f) an application under section 24 to vary the requirements of section 23;
(fa) an application under section 21AAA that information be treated as exempt information;
(g) an application under section 21P, 21ZB, 22O, 25, 29, 30A, 40D, 42, 45, 50, 60, 66 or 89 that information be treated as exempt information;
(h) an application under section 30 for an introduction permit;
(ha) an application under section 30A for an early introduction permit;
(j) an application under section 37 for the variation of a recommendation;
(k) an application under section 40 for the variation of a recommendation;
(ka) an application under section 40A for extension of an original assessment certificate;
(m) an application for an assessment certificate, being an application to which paragraph 41(3)(d) applies;
(n) a nomination under subsection 43(3) of a foreign scheme;
(p) an application for an assessment certificate, being an application to which subsection 44(1) applies;
(s) secondary notification required by section 65;
(u) an inquiry under section 79;
(ua) an application for registration under section 80F;
(ub) an application for renewal of registration under subsection 80KA(1) or 80KB(2);
(v) if a regulation made for the purposes of subsection 106(1) provides for approvals to be given in relation to the introduction or export of an industrial chemical that is subject to the Convention (within the meaning of Part 5A)—an application for the approval.
(1A) For the purposes of paragraph (1)(v), the regulations may prescribe different fees, or different methods of calculating fees, for an application for an approval in respect of different countries or different classes of countries.
(1B) Subsection (1A) does not limit subsection 33(3A) of the Acts Interpretation Act 1901.
> Note: For example, subsection 33(3A) of the Acts Interpretation Act 1901 allows regulations to prescribe different fees for applications in relation to different chemicals, or different classes of chemicals.
(2) Fees are due and payable in such manner and at such time or times as are prescribed.
(3) Where a fee that is required to be paid at the time of making an application or inquiry is not so paid, the application or inquiry is to be taken not to have been duly made.
(4) Where a fee that is required to be paid by a particular date after the making of an application or inquiry is not paid by that date, the application or inquiry is to be taken to have been withdrawn at that date, but the withdrawal of the application or inquiry does not affect any liability for the payment of any fee in respect of work done in respect of the application or inquiry before it is taken to have been so withdrawn.
(5) The regulations may prescribe circumstances in which the Director may, on behalf of the Commonwealth, wholly or partly waive or remit fees that would otherwise be payable under this section.
(6) A prescribed fee is not to be such as to amount to taxation.