Introductions that don't require categorisation and registration
Some introductions of industrial chemicals don't require you to register your business with us or categorise your introduction.
Some chemical introductions don't require you to register your business with us – such as the chemical introductions outlined below.
If this applies:
- the chemical does not need to be listed on the Inventory
- you're not required to categorise your introduction, even if the chemical is not on the Inventory
- if the chemical is listed on the Inventory, you are not required to meet the terms of listing for that chemical
However, if you also introduce other chemicals that are not covered on this page, then you must register with us.
Selling products made from locally sourced ingredients
You do not need to register with us, nor categorise your introduction, if you sell products that you made by blending ingredients that you only bought within Australia. This is because the supplier or manufacturer of those ingredients that you bought from are already registered with us. But if you bought of any of the ingredients from overseas, you must register with us.
Blending is commonly described as the process of mixing two or more industrial chemicals together without producing a chemical reaction.
Naturally occurring chemicals
If you only introduce chemicals that meet our definition of a naturally-occurring chemical, then you don't need to register with us.
This is legally defined as an unprocessed chemical occurring in a natural environment, or, a chemical occurring in a natural environment that is extracted without chemical change by:
- manual, mechanical or gravitational means; or
- dissolution in water; or
- flotation; or
- a process of heating for the sole purpose of removing uncombined water
It's important to note that chemical ingredients that are derived from natural sources, such as plant essences and minerals, may not meet this definition because of the process used to extract the chemical from its source.
Ingredients that are labelled or marketed as ‘natural’, ‘organic’, 'herbal' or ‘pure’ often do not meet the legal definition of a naturally occurring chemical.
A non-isolated intermediate is an industrial chemical that is all of the following:
- produced in the course of the manufacture of another industrial chemical
- consumed in the course of the manufacture of the other industrial chemical
- not intentionally removed from the equipment in which it is manufactured (other than by sampling
- not likely to be released into the environment during normal operations.
Example: your chemical IS a non-isolated intermediate
The chemical is contained wholly within a reaction vessel, its ancillary equipment, and any equipment through which the chemical passes through during a continuous flow or batch process as well as the pipe work for transfer from one vessel to another for the purpose of the next reaction step.
Common examples of chemicals that are NOT non-isolated intermediates
- stored (isolated) within tanks or other vessels after manufacture
- isolated and transported or supplied to other sites
- subject to transfer into an otherwise enclosed system for use as a reactant in chemical manufacturing
- subject to transfer into an otherwise enclosed system for use as catalytic, processing, surface treating or curing agent during chemical manufacturing.
Incidentally introduced chemicals
An incidentally introduced chemical is an industrial chemical that is introduced – either with or subsequent to the introduction of another industrial chemical – and has no commercial value separate from the other industrial chemical. The incidentally introduced chemical is a result of any of the following:
- the incomplete reaction of starting materials or reaction intermediates used in the manufacture of the other industrial chemical
- an unintended constituent present in the starting materials used in the manufacture of the other industrial chemical
- the exposure of the other industrial chemical to light, heat or other environmental conditions in the course of handling or storage
- the occurrence of a chemical reaction during the manufacture or use of the other industrial chemical
Example – incidentally introduced chemical
A chemical by product or impurity that remains in a mixture with an industrial chemical as a result of manufacture, offering no commercial value separate from that industrial chemical, and being uneconomical to remove as part of manufacture or before importation of that industrial chemical.
Chemicals unintentionally released from an article
The release of a chemical from an article, where the article was not designed to do this, is an excluded introduction.
- chemicals leaching from a plastic chair (the article) during use or disposal
- chemicals leaking from a sealed, closed cell battery (the article)
One the other hand, a ballpoint pen is designed release a chemical. If you import or manufacture ballpoint pens, you must register your business and categorise your introduction.
See more in our articles section below.
These are excluded introductions if it is a transhipment chemical that:
- is introduced at a port or airport in Australia
- remains subject to customs control under the Customs Act 1901 at all times before leaving Australia
- leaves Australia within 25 working days beginning the day the industrial chemical is introduced
Chemicals introduced incidentally on an aircraft or ship
These are excluded introductions if the chemicals are all of the following:
- introduced incidentally to the carriage of passengers or the importation of other products on an aircraft or ship that leaves Australia within 25 working days
- used to support the operation of the aircraft or ship
- not freight
Chemicals introduced only for personal use
This means the industrial chemical is only for individual use and NOT in any way connected with a business activity.
Foreign businesses using an Australian distributor
If you are a foreign business and use an Australian distributor who is already registered with us, you do not need to register.
If you only import or manufacture articles that are not intentionally designed to release chemicals, you're not required to register nor categorise your introduction. An example of an article is a table. An example of a product that is not an article is a ballpoint pen.
If your chemical has no industrial use, then we don't regulate it. You'll need to seek advice from the relevant regulatory authority. For more information, read 'What is an industrial chemical'.
4 June 2021 – correction: The sentence about an incidentally introduced chemical not having commercial value separate from the other industrial chemical that it is introduced with was incorrectly placed as a dot point under the heading 'Incidentally introduced chemicals'. This sentence was moved to the first paragraph to clarify that the criteria of having no separate commercial value applies regardless of how the incidentally introduced chemical was created.