Document ID: chunk:federal_register_of_legislation:F2024C01033:front:0:p22
Version: federal_register_of_legislation:F2024C01033
Segment Type: other
Provision Reference: 
Character Range: 57111–60007

application component: see subregulation 5.12C(1); and
 (b) in relation to a controlling provision component: see subregulation 5.12D(1); and
 (c) in relation to a legislative impact component: see subregulation 5.12F(1).

5.12B  Components of a complexity fee
 (1) The complexity fee for an assessment of the impacts of an action includes the following components:
 (a) 3 application components;
 (b) one or more controlling provision components;
 (c) if applicable—the exceptional case component;
 (d) a legislative impact component;
 (e) a project composition component.
 (2) An application component applies, in relation to the assessment of the impacts of an action, for each of the following types of information required to be included in the referral of the action:
 (a) information mentioned in paragraph 4.01(a) or (j) of Schedule 2 (about the proposed action);
 (b) information mentioned in item 5.02, 5.04 or 5.05 of Schedule 2 (about the nature and extent of the likely impacts of the action);
 (c) information mentioned in item 6.01, 6.02 or 6.03 of Schedule 2 (about measures to avoid or reduce the impacts of the action).
 (3) A controlling provision component applies, in relation to the assessment of the impacts of an action, for each Subdivision of a Division of Part 3 of the Act that includes a controlling provision for the action.
 (4) An exceptional case component applies in relation to the assessment of the impacts of an action if the action is of a kind determined by the Minister under subregulation 5.12E(1).
 (5) A legislative impact component applies, in relation to the assessment of the impacts of an action, for the legislative processes involved in the assessment (whether or not there are any).
 (6) A project composition component applies, in relation to the assessment of the impacts of an action, for the activities to be carried out in taking the action (known as project components), as determined by the Minister under subregulation 5.12G(1).

5.12C  Determination for each application component
 (1) The Minister may determine that an application component is of low complexity, moderate complexity, high complexity or very high complexity.
 (2) When making a determination under this regulation, the Minister must consider the adequacy of the information provided.
 (3) A determination made under this regulation is not a legislative instrument.

5.12D  Determination for each controlling provision component
 (1) The Minister may determine that a controlling provision component that applies in relation to the assessment of the impacts of an action is of moderate complexity, high complexity or very high complexity.
 (2) When making a determination under this regulation, the Minister must consider the following:
 (a) the matters referred to in paragraphs 87(3)(a) to (e) of the Act;
 (b) how well understood are the impacts of the action on each