Register + categorise industrial chemicals (Industrial Chemicals Act 2019)
Importers + manufacturers of industrial chemicals must register with AICIS + categorise introductions.
Who must comply
Every importer or manufacturer of industrial chemicals for commercial purposes, including small businesses making and selling soap, importers of cosmetics for sale and businesses introducing small quantities. An agent or consultant cannot lodge the annual declaration on the business's behalf.
What triggers it
Importing or manufacturing an industrial chemical, or a product containing one, for commercial purposes. The registration level, and the fee and charge, is set by the value of industrial chemicals introduced in the previous financial year, not by sales or profit.
When due
Register before introducing. Categorise each introduction before it occurs and lodge any pre-introduction report or assessment application first. The AICIS registration year runs 1 September to 31 August; the annual declaration for that year, and any once-off exempted introduction declaration, is due by 30 November.
Evidence required
AICIS registration at the correct level; categorisation records for every chemical and product; pre-introduction reports and assessment certificates where required; annual declaration lodgement; commercial records of the value of chemicals introduced (invoices, purchase orders, receipts, import declarations), kept for 5 years after the end of the registration year and produced within 20 working days if AICIS asks.
Max penalty
Introducing an industrial chemical while unregistered for the registration year (s 13) or where the introduction is not authorised under ss 25 to 30 (s 24) is a fault-based offence and a civil penalty provision, each carrying 500 penalty units ($182,000), with a strict liability offence of 60 penalty units ($21,840). Failing to make the annual declaration (s 99) or to keep the information needed to demonstrate categorisation (s 102) carries up to 300 penalty units ($109,200). AICIS can also use infringement notices, enforceable undertakings and injunctions (Part 7)
Who must comply with this? The applicability test by industry, business structure and size.
Summary
Under the Industrial Chemicals Act 2019 (Cth), a business that imports or manufactures ('introduces') industrial chemicals for commercial purposes, including finished products that contain them such as cosmetics, soap and cleaning products, must register with the Australian Industrial Chemicals Introduction Scheme (AICIS) at the correct registration level. Every introduction must be categorised before it happens: listed (on the Australian Inventory of Industrial Chemicals), exempted (very low risk), reported (low risk), assessed (medium to high risk), commercial evaluation, or exceptional circumstances. Reported introductions need a pre-introduction report, and assessed or commercial evaluation introductions need an assessment certificate or authorisation first. Each year, every registered introducer must lodge an annual declaration confirming its introductions were authorised under ss 25 to 30 of the Act, and keep category-specific records.
Topics
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Reading
Frequently asked questions
- Who must comply with + categorise industrial chemicals (Industrial Chemicals Act 2019)?
- Every importer or manufacturer of industrial chemicals for commercial purposes, including small businesses making and selling soap, importers of cosmetics for sale and businesses introducing small quantities. An agent or consultant cannot lodge the annual declaration on the business's behalf.
- What triggers + categorise industrial chemicals (Industrial Chemicals Act 2019)?
- Importing or manufacturing an industrial chemical, or a product containing one, for commercial purposes. The registration level, and the fee and charge, is set by the value of industrial chemicals introduced in the previous financial year, not by sales or profit.
- When is + categorise industrial chemicals (Industrial Chemicals Act 2019) due?
- Register before introducing. Categorise each introduction before it occurs and lodge any pre-introduction report or assessment application first. The AICIS registration year runs 1 September to 31 August; the annual declaration for that year, and any once-off exempted introduction declaration, is due by 30 November.
- What is the maximum penalty for + categorise industrial chemicals (Industrial Chemicals Act 2019)?
- Introducing an industrial chemical while unregistered for the registration year (s 13) or where the introduction is not authorised under ss 25 to 30 (s 24) is a fault-based offence and a civil penalty provision, each carrying 500 penalty units ($182,000), with a strict liability offence of 60 penalty units ($21,840). Failing to make the annual declaration (s 99) or to keep the information needed to demonstrate categorisation (s 102) carries up to 300 penalty units ($109,200). AICIS can also use infringement notices, enforceable undertakings and injunctions (Part 7)
- What evidence is required for + categorise industrial chemicals (Industrial Chemicals Act 2019)?
- AICIS registration at the correct level; categorisation records for every chemical and product; pre-introduction reports and assessment certificates where required; annual declaration lodgement; commercial records of the value of chemicals introduced (invoices, purchase orders, receipts, import declarations), kept for 5 years after the end of the registration year and produced within 20 working days if AICIS asks.
Source: https://www.industrialchemicals.gov.au/business/reporting-and-record-keeping-obligations/annual-declaration-all-introducers. Rules Mate is not a law firm. Always verify against the live regulator source before acting.