A Guide to the Australian Industrial Chemicals Introduction Scheme (AICIS)

Many chemicals, both hazardous and non-hazardous by nature, are required to be registered before they are allowed entry into many jurisdictions. Australia is no exception to this. The Australian Industrial Chemicals Introduction Scheme (AICIS) is an essential regulatory framework designed to govern the importation and manufacture of industrial chemicals.

If you’re a business that intends to introduce new chemicals to the Australian market, or just want to better understand the scheme, read on to learn more.

What about NICNAS?

AICIS has replaced the National Industrial Chemicals Notification and Assessment Scheme (NICNAS)—the previous regulatory system in Australia—from 1 September 2022 after a two-year transition period. Some administrative arrangements are still in place until 30 November 2023, but these are exceptions for chemicals without a CAS name or CAS number that were previously listed on the NICNAS inventory. New introductions for industrial chemicals will need to be authorised under the AICIS framework. If you’re unsure about how to navigate the change from NICNAS to AICIS, Chemwatch offers consultancy services to assist with registration of your business, notification of chemical introductions, and more.

What is an industrial chemical?

Rather than defining industrial chemicals by what they are, AICIS defines them by what they aren't. Industrial chemicals are anything which is not otherwise used for the following:

• Agriculture
• Veterinary use
• Therapeutic goods
• Food for humans or animals
• Substances or mixtures prepared by a pharmacist or veterinary surgeon

Introducers are required to register the chemical with the government and provide detailed information about the chemical’s properties, risks, and potential uses. Chemicals may have multiple uses, so it's important to follow the regulations applicable to each use of your product. The information provided by an introduction is used to assess the risks posed by the chemical so that the government can place conditions on the chemical’s importation and use.

There are two lists of industrial chemicals: one public and one confidential. Anybody can search the public list—containing around 40,000 entries—however the confidential list is by application only, to protect confidential business information. If you can't find your chemical on this public list, you can apply through AICIS Business Services to search the confidential list.

What are my obligations when introducing chemicals?

Generally speaking, if you import or manufacture (introduce) industrial chemicals to Australia you are required to:

• Register with AICIS
• Categorise your introductions within AICIS introduction categories 
• Submit declarations and report to AICIS
• Keep records
• Provide information to AICIS if required 

Each new chemical that you want to introduce has to be authorised under one of the five categories, as shown below:

The AICIS registration year spans from 1 September to 31 August. Registration fees vary depending on the total value of chemicals introduced by your business in the previous year.

Record keeping

Once you have categorised your chemical introduction within one of the categories above (exempted, reported, assessed, listed, or commercial evaluation) you will need to submit annual declarations and maintain records of your activities.

If you introduce 10kg or less of your chemical in a given registration year, you only need to record the identity of the chemical, as well as provide records to prove that the introduced amount did not exceed 10kg, and hazard identification documents.

For introductions of chemicals in excess of 10kg, you must record the identity of the chemical, as well as records which prove that you are abiding by the terms of your inventory listing. Terms may include a defined scope of use, conditions related to the introduction or use of your chemical, or specific requirements to provide additional information to AICIS. 

Records must be provided within 20 working days after being requested by AICIS, and you must keep records for five years, even if your chemical is no longer being introduced. All introducers must also submit an annual declaration to AICIS by 30 November every year.

Exceptions

Some businesses do not need to register or categorise an introduction under specific circumstances. Exceptions include the following:

• Selling blended products from locally sourced ingredients only
• Chemicals which are naturally occurring (i.e., extracted without any chemical changes taking place)
• Non-isolated intermediates (i.e., chemicals which are produced and then consumed in the course of manufacturing another chemical, and not intentionally removed from the equipment in which it is manufactured, and not likely to be released into the environment)
• Incidentally introduced chemicals (i.e., chemicals which are present alongside an industrial chemical, and has no separate commercial value, such as reaction intermediates)
• Chemicals unintentionally released from an article
• Transshipment chemicals (which leave Australia within 25 working days of its introduction, and remain subject to Australian customs control for the duration)
• Chemicals introduced incidentally on an aircraft or ship (if the aircraft or ship leaves Australia within 25 working days, and the chemical is used to support the vessel’s operation, and is not freight)
• Chemicals introduced only for personal or hobby use
• Foreign businesses using an Australian distributor (if your distributor is already registered with AICIS)
• Articles (i.e., a finished good which is not intentionally designed to release an industrial chemical)
• Non-industrial chemicals

Chemwatch is here to help!

Navigating chemical introductions and AICIS reporting requirements can be confusing. Chemwatch offers consultancy services to assist businesses with the AICIS Registration and Notification Process, as well as searching for confidentially listed chemicals, if required. If you don’t have an SDS compliant to Australian regulations, we can help you with this as well. For more information, contact us today! 

Sources:

• https://www.industrialchemicals.gov.au/
• https://www.industrialchemicals.gov.au/chemical-information/what-industrial-chemical
• https://www.industrialchemicals.gov.au/help-and-guides/guide-categorising-your-chemical-importation-and-manufacture