Exploring ways to refine categorisation and record-keeping obligations
We’re looking at ways to streamline obligations for chemical introducers when it comes to the categorisation process, reporting and record keeping. We’re continuing to talk to our stakeholders to find new options and solutions.
From 25 November 2022
We worked with industry stakeholders to understand the challenges that businesses face in complying with requirements such as written undertakings. As a result, there are different rules for introductions of 10 kg or less in a year. These rules ensure that regulatory obligations for low-risk, low-volume introductions are proportionate to their low level of risk to Australians and the environment.
Simpler records for listed introductions (chemicals on the Inventory) of 10 kg or less
It’s easier for you to meet record-keeping obligations if you introduce Inventory-listed chemicals at 10 kg or less each year. You don’t need a written undertaking from your supplier if you don’t know the chemical’s CAS name or CAS number.
Reported introduction of 10 kg or less
There are separate criteria in Step 3 of our ‘Guide to categorising your chemical importation or manufacture’ (Categorisation Guide) for introductions of 10 kg or less in a year. If your introduction meets the criteria, then it is in the reported (low risk) category and you don’t need to work out the hazard and exposure band or complete steps 4, 5 and 6 of the Categorisation Guide. This is a significant saving in time and effort for businesses, plus it means less information that you need to know and keep.
Other benefits of the reported introduction type for 10 kg or less:
- you will need to submit a pre-introduction report (PIR) before you introduce the chemical, but the form will be shorter and simpler than PIRs for other types of reported introductions – see our PIR guidance
- you don’t need a written undertaking from your supplier if you don’t know the chemical’s CAS name, CAS number, or IUPAC name.
- you’ll have a reduced set of record-keeping requirements.
Listed introductions of chemicals that were on the NICNAS Inventory
If you’re continuing to introduce chemicals that were previously on the NICNAS Inventory and you don’t know your chemical’s CAS name or CAS number – administrative record keeping arrangements apply until 30 November 2023. See full details on our record-keeping page for listed introductions.
Chemicals previously introduced under NICNAS exemptions
The transitional provisions ended on 30 August 2022. There are no exemptions or special categories for introductions of between 10 and 100 kg or cosmetics. You can only introduce a chemical if it is authorised under an AICIS introduction category. Read our Guide to categorising your chemical introduction or manufacture to work out which category and obligations apply to your introduction.
We're exploring new ways to make it easier for you to meet regulatory AICIS requirements.
We're looking at stakeholders' issues related to categorisation, reporting and record-keeping obligations. We will continue to consult industry, community and other stakeholders to develop solutions and options. Subscribe to our newsletter to get the latest updates.
This exploration process will be limited in scope and is not a review of AICIS itself.
Questions and answers
Q. What records do I need to have if my chemical introduction of 10 kg or less is listed on the inventory?
A. See our record-keeping page for Inventory-listed introductions for this information. There are reduced record keeping obligations compared to other types of listed introductions and you do not need to obtain a written undertaking.
Q. What do I do if my chemical is not listed on the Inventory?
A. You need to follow our Categorisation Guide. You’ll see at step 3 that we’ve added new criteria for a reported introduction of 10 kg or less. If you meet the criteria in step 3, your introduction is in the reported category. There are reduced record-keeping obligations compared to most other reported introductions.
Before you start your reported introduction, you must:
- make sure your business is registered with AICIS
- submit a once-off pre-introduction report (PIR) before you can start your introduction.
Q. What do I do if my supplier won’t give me the identity of my chemical or provide a written undertaking so I can categorise my introduction?
A. If you are introducing volumes of 10kg or less in a registration year, your supplier does not need to give you the chemical identity or a written undertaking. You can still categorise your introduction and meet the obligations associated with the introduction category. You need to have a business relationship with your supplier and know who holds the identity of the chemical. You also need to know who you believe, on reasonable grounds, would give the CAS number (if assigned) and CAS, IUPAC or INCI name of the chemical to the Executive Director (if asked to supply this information).
Q. If I can’t categorise my introduction and can no longer import the chemical, can I still use or sell existing stock that is in Australia?
A. Yes. If the introduction of the chemical before 31 August 2022 was authorised because you met the NICNAS exemption criteria, then you can use or sell the stock that was introduced under that exemption. You must keep records about your introduction.