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Industrial Chemicals Environmental Management (Register) Charge (Customs) Bill 2020

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2019-2020-2021

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

HOUSE OF REPRESENTATIVES

INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (GENERAL) BILL 2020

 

INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (CUSTOMS) BILL 2020

 

INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (EXCISE) BILL 2020













ADDENDUM TO THE EXPLANATORY MEMORANDUM

(Circulated by authority of the Minister for the Environment, the Hon. Sussan Ley MP)



INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (GENERAL) BILL 2020

 

INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (CUSTOMS) BILL 2020

 

INDUSTRIAL CHEMICALS ENVIRONMENTAL MANAGEMENT (REGISTER) CHARGE (EXCISE) BILL 2020

This addendum responds to concerns raised by the Senate Standing Committee for the Scrutiny of Bills in Scrutiny Digest No. 4, dated 24 February 2021.

General Outline

 

The Australian Government Charging Framework and the Australian Government Cost Recovery Guidelines require that there must be alignment between the expenses of an activity (in this case, the costs of the administration of the scheme) and corresponding revenue (income generated through charges in relation to the scheme).

 

The explanatory memorandum for the Industrial Chemicals Environmental Management (Register) Charge (General) Bill 2020, the Industrial Chemicals Environmental Management (Register) Charge (Excise) Bill 2020, and the Industrial Chemicals Environmental Management (Register) Charge (Customs) Bill 2020 (collectively referred to as the ICEMR Charges Bills) provides that any charges set out in the regulations will be consistent with the Australian Government Charging Framework and the Australian Government Cost Recovery Guidelines . This was intended to provide assurance that the amounts charged would reflect the likely costs to the Commonwealth of services provided in relation to industrial chemicals under the ICEMR Bill, such as matters relating to assessing industrial chemicals (and their uses) for the purposes of making, varying or revoking scheduling decisions.

 

Consistent with Australian Government policy, the amount of any applicable charge will be determined through a Cost Recovery Implementation Statement (CRIS). All government cost recovered activities must be documented in a CRIS before charging regulations are made and charging can begin. The CRIS would be released for public consultation and include the method of calculation of the charges which will be discussed with stakeholders. Therefore, the method of calculation of charges or the maximum charge would not be able to be included in the bills themselves before this process is completed.

 

In addition, the Department of Finance must be satisfied that the charge is set at a level that is designed to recover no more than the full and efficient costs of the administration of the framework. The Finance Minister must also agree to the final CRIS. Financial performance of the cost recovery arrangement will be monitored on an ongoing basis and the CR1S may be updated annually as required to show the actual expense and cost recovery revenue.