Document ID: chunk:federal_register_of_legislation:C2004A01159:clause:1_80kb
Version: federal_register_of_legislation:C2004A01159
Segment Type: clause
Provision Reference: sch 1 cl 80KB
Character Range: 6225–8142

80KB  Late renewal applications are subject to a penalty

 (1) If a person referred to in subsection 80K(1) makes an application for renewal of registration (a late renewal application) after the time specified in paragraph 80K(2)(b), in contravention of that paragraph, the person must pay the late renewal penalty prescribed under subsection 110A(1).

 (2) A late renewal application must:
 (a) comply with the requirements of paragraphs 80KA(1)(a) to (d); and
 (b) be accompanied by the late renewal penalty mentioned in subsection (1); and
 (c) be accompanied by:
 (i) a registration charge in relation to that registration year in the amount prescribed for the purposes of paragraph 80T(2)(b); or
 (ii) the amount prescribed for the purposes of paragraph 80T(2)(a), paid on account of any registration charge payable in relation to that registration year.

 (3) The Director must grant the late renewal application if he or she is satisfied that:
 (a) the applicant is a registrable person in respect of the registration year; and
 (b) the application complies with the requirements of subsection (2).

 (4) If the Director is not so satisfied about those matters, the Director must refuse the late renewal application.

 (5) In relation to the late renewal application, the applicant is taken to be registered in relation to the relevant registration year:
 (a) from the time the application is made until the Director grants or refuses the renewal application; and
 (b) if the Director grants the renewal application—since the start of that registration year.

 (6) However, subsection (5) does not apply for the purposes of a prosecution under section 80B:
 (a) that is in relation to the introduction of relevant industrial chemicals that occurred in the registration year for which the late renewal application is made; and
 (b) for which the charge was laid before the late renewal application was made.