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Part 2—Registration of industrial chemical introducers

Part 2 Registration of industrial chemical introducers

Division 1 Simplified outline of this Part

12   Simplified outline of this Part

An introducer must be registered on the Register of Industrial Chemical Introducers for a registration year before introducing an industrial chemical during that year. Penalties apply if a person introduces an industrial chemical without being registered.

A registration charge is payable for each registration year when the person applies for registration for that year.

Division 2 Registration

13   Introducers must be registered

             (1)  A person contravenes this subsection if:

                     (a)  the person introduces an industrial chemical in a registration year; and

                     (b)  at the time the industrial chemical was introduced the person was not registered for the registration year.

Fault-based offence

             (2)  A person commits an offence if the person contravenes subsection (1).

Penalty:  500 penalty units.

Strict liability offence

             (3)  A person commits an offence of strict liability if the person contravenes subsection (1).

Penalty:  60 penalty units.

Civil penalty provision

             (4)  A person is liable to a civil penalty if the person contravenes subsection (1).

Civil penalty:          500 penalty units.

14   Establishment of Register

             (1)  The Executive Director must establish and keep a register to be called the Register of Industrial Chemical Introducers.

             (2)  Subject to subsection 15(2), the Register must be made publicly available on the AICIS website.

             (3)  The Register is not a legislative instrument.

15   Content of Register

             (1)  The Register must contain the following for each registered person:

                     (a)  the person’s name and address;

                     (b)  the person’s registration number.

             (2)  However, a person’s address must not be made publicly available.

16   Applying for registration

             (1)  Subject to subsection (3), a person may apply to the Executive Director to be registered for a registration year.

Note:          For general requirements relating to applications: see section 167.

             (2)  An application for registration for a registration year must be accompanied by the amount of registration charge payable by the person for the registration year under section 21.

             (3)  An application under subsection (1) cannot be made by a person if the person’s registration has been cancelled on the grounds mentioned in paragraph 19(2)(b) or (c) in that registration year or any of the 3 previous registration years.

17   Grant of registration

             (1)  The Executive Director must grant an application for registration for a registration year if the Executive Director is satisfied that the application is in accordance with sections 16 and 167.

             (2)  If the Executive Director grants an application, the Executive Director must:

                     (a)  give written notice to the person of the decision to grant the registration; and

                     (b)  allocate a registration number to the person; and

                     (c)  enter on the Register the information mentioned in section 15 for the person.

             (3)  Subject to subsection (4), a person’s registration takes effect at the start of the registration year to which it relates.

             (4)  If a person makes an application for registration after the start of the registration year to which the registration relates, the person’s registration takes effect from the day the registration is granted.

18   Correction of register

             (1)  A person may notify the Executive Director in writing of any corrections required to information included in the Register for that person.

             (2)  The Executive Director must correct the Register if the Executive Director is satisfied that any information recorded for a person is incorrect.

19   Cancellation of registration

Cancellation on registered person’s initiative

             (1)  The Executive Director must cancel a person’s registration for a registration year if the person requests, by written notice, the Executive Director to do so.

Cancellation on Executive Director’s initiative

             (2)  The Executive Director may cancel a person’s registration for a registration year if the Executive Director is satisfied that:

                     (a)  the person’s name was entered on the Register by mistake; or

                     (b)  the person has, in that registration year or in any of the 3 previous registration years, been convicted of an offence, or subject to a civil penalty, under this Act; or

                     (c)  the person has made a statement, or given a document or information, to the Executive Director in connection with the person’s registration that was false or misleading in a material particular.

             (3)  The Executive Director must give written notice of the proposed cancellation, and the reasons for the cancellation, to the person.

             (4)  The person may make a written submission to the Executive Director about the proposed cancellation.

             (5)  A submission must be given within the period specified in the notice, which must not be less than 20 working days after the day the notice is given.

             (6)  After considering any submissions made during that period the Executive Director must decide to:

                     (a)  cancel the person’s registration; or

                     (b)  not cancel the person’s registration.

             (7)  The Executive Director must give written notice of the decision to the person.

Division 3 Registration charge

20   Registration charge

             (1)  A person who is registered for a registration year is liable to pay registration charge.

             (2)  Registration charge payable by a person is a debt due and payable by the person to the Commonwealth and may be recovered by the Commonwealth in a court of competent jurisdiction.

21   Amount of registration charge

                   The amount of registration charge payable by a person in relation to a registration year is the amount prescribed:

                     (a)  so far as the charge is a duty of customs within the meaning of section 55 of the Constitution—by regulations made for the purposes of section 7 of the Industrial Chemicals Charges (Customs) Act 2017 ; and

                     (b)  so far as the charge is a duty of excise within the meaning of section 55 of the Constitution—by regulations made for the purposes of section 7 of the Industrial Chemicals Charges (Excise) Act 2017 ; and

                     (c)  so far as the charge is neither a duty of customs nor a duty of excise within the meaning of section 55 of the Constitution—by regulations made for the purposes of section 7 of the Industrial Chemicals Charges (General) Act 2017 .

22   Other matters relating to registration charge

                   The rules may provide for other matters relating to the collection and recovery of registration charge, including (but not limited to) the following:

                     (a)  the recovery of underpayments of registration charge;

                     (b)  the refund of overpayments of registration charge.