NICNAS Transition in Australia

Under AICIS, the Industrial Chemicals Act 2019 makes every importer register each year, work out the right "introduction category" for each chemical before bringing it in, make an annual declaration, and keep records for 5 years. Each of these duties carries a criminal penalty and a civil penalty. The Act defines "introduce" as importing or manufacturing in Australia, so importers and manufacturers carry the same duties ^[2].

Approach: I read the current compilation of the Industrial Chemicals Act 2019 (14 October 2024) and the AICIS list of chemicals that are banned or restricted for import and export. The AICIS website did not respond again, and the Industrial Chemicals (General) Rules 2019 are not in the datasets. So I can't give the category thresholds, which the Act leaves to those Rules, or compare point by point with the old NICNAS rules.

1. Yearly registration

• Registration years run from 1 September (first year: 1 September 2020) ^[2].
• Importing while unregistered carries up to 500 penalty units (deliberate offence or civil penalty), or 60 units as a strict-liability offence (no proof of intent needed) ^[5].
• The application must include the registration charge and, where it applies, the IChEMS scheduling charge (environmental register) ^[6]. The charge amounts are set by regulations under the Industrial Chemicals Charges Acts 2019 ^[7].
• AICIS can cancel a registration after a conviction or civil penalty under the Act, or after false or misleading information. Such a person then cannot re-apply that year or for the 3 years after a cancellation ^[8][6].

2. Every import must fall within one of six categories Importing a chemical outside an authorised category carries the same 500 / 60 penalty units ^[9].

Category	What it requires
Listed	Chemical is on the Australian Inventory of Industrial Chemicals, and the import follows the terms of its listing [10]
Exempted (very low risk)	Circumstances set by the Rules [11]
Reported (low risk)	A pre-introduction report is filed, and the import follows its terms [12]
Assessed (medium to high risk)	Importer holds, or is covered by, an assessment certificate. This is the default for anything not listed, exempted or reported [13]
Commercial evaluation	Importer holds a commercial evaluation authorisation [14]
Exceptional circumstances	Importer holds an exceptional circumstances authorisation [15]

• Self-assessment: the exempted and reported categories can be used without AICIS assessing the chemical first. Record-keeping and reporting duties still apply ^[16].
• Inventory listing terms: a listing can set conditions on volume or on where the chemical is introduced or used, and can require information to be given to AICIS ^[17].
• Assessed chemicals and the Inventory: a chemical with an assessment certificate goes onto the Inventory after 5 years ^[18].

3. Reporting, declarations and records

• Reported introductions: the report "must" reach AICIS before the first import ^[19].

• Exempted introductions: a post-introduction declaration is due within 4 months after the start of the last month of the registration year ^[20].

• All importers: an annual declaration is due by the same deadline ^[21].

• Records: importers must keep records showing:

  • each chemical introduced;
  • its category;
  • the basis for that category;
  • the registration charge payable.

  Records must be kept for 5 years after the end of the registration year, and given to AICIS within 20 working days of a written request ^[22].

• New hazard information: for chemicals with an assessment certificate, or listed chemicals that have an assessment or evaluation statement and were imported in the past 12 months, new or more severe hazard information must go to AICIS within 20 working days ^[23].

• Proof of category: importers must follow the Rules on what information they may use to set the category. If AICIS asks, they have 20 working days to provide it ^[24].

• Cosmetics: for a chemical used only in cosmetics, the Rules can bar using animal test data from tests done on or after 1 July 2020 to set the category ^[25].

4. What falls outside, and treaty controls

• Excluded imports: most of the scheme does not apply to:

  • naturally-occurring chemicals;
  • non-isolated intermediates;
  • incidentally-introduced chemicals;
  • goods for an individual's own personal use;
  • chemicals kept under customs control that leave Australia within 25 working days of arrival.

  ^[26]

• Rotterdam Convention: AICIS lists these as "subject to import conditions - must apply for authorisation":

  • tributyl tin compounds ^[27];
  • tetramethyl lead ^[28];
  • tetraethyl lead ^[29];
  • SCCPs ^[30];
  • PBBs ^[31];
  • PFOA ^[32];
  • PFOA salts ^[33];
  • PFOA-related compounds ^[34];
  • PFOS and related compounds ^[35];
  • HBCD ^[36];
  • decaBDE ^[37];
  • commercial penta-BDE ^[38];
  • commercial octa-BDE ^[39].

• Minamata Convention: importing elemental mercury, or mercury mixtures with at least 95% mercury by weight, needs prior AICIS authorisation only when the source is a country that is not a Party to the Convention ^[40][41].

• Penalty: breaching a treaty ban or condition carries up to 300 penalty units ^[42].