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Welcome to the website of the Australian Industrial Chemicals Introduction Scheme (AICIS). We started on 1 July 2020. Read about us.

Terms of Use

Welcome to the Business Portal for Australian Industrial Chemicals Introduction Scheme (AICIS) (https://business.industrialchemicals.gov.au). As a condition of Your use of the AICIS Business Portal, You must agree to these Terms of Use.

In these Terms of Use: 

a. the terms ‘You’ and ‘Your’ refer to the user of the AICIS Business Portal, and where applicable, also includes a reference to an Applicant where they are represented by a Representative User. 

b. ‘Applicant’ means an individual or body who makes an Application. 

c. ‘Application’ means any application under the Industrial Chemicals Act, including, where the context permits, any application for registration, certificates or any similar action relevant to industrial chemicals in accordance with the Industrial Chemicals Act. 

d. ‘Applicant User’ means a User who is an Applicant that has successfully registered a User Profile in the AICIS Business Portal.

e. ‘AICIS’ means the Australian Industrial Chemicals Introduction Scheme established under the Industrial Chemicals Act. 

f. ‘AICIS Business Portal’ means the electronic platform run by the Commonwealth on which Applicants may apply and manage registrations. 

g. ‘Commonwealth’ means the Commonwealth as represented by the Department of Health, or such other agency that has responsibility for administering, or assisting with administering, the AICIS from time to time. 

h. ‘Industrial Chemicals Act’ means the Industrial Chemicals Act 2019 (Cth).

i. ‘Intellectual Property Rights’ include:

  • all copyright (including rights in relation to phonograms and broadcasts);
  • all rights in relation to inventions, plant varieties, trademarks (including service marks), designs and circuit layouts; and
  • all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields.

but do not include:

  • moral rights under Part IX of the Copyright Act 1968 (Cth); or
  • rights in relation to confidential information.

j. ‘Material’ means any thing:

  • lodged by a User into the AICIS Business Portal; or
  • communicated by the Commonwealth via the AICIS Portal, and

includes any such thing in which Intellectual Property Rights arise.

k. ‘Personnel’ means an officer, employee, agent or subcontractor, of the Commonwealth. 

l. ‘Profile’ means Your online registered account to use the AICIS Business Portal.

m.    ‘Representative User’ means an individual who has successfully registered a User Profile in the AICIS Business Portal is authorised by the Applicant(s) to represent them in applying and managing certain Applications.

n. ‘User’ means You or any other individual registered with the AICIS Business Portal, and where the context permits includes an Applicant User and Representative User.

The Commonwealth may at its discretion update these Terms of Use. By continuing to use the AICIS Business Portal, You accept the Terms of Use as they apply from time to time and acknowledge that You have an ongoing need to access the AICIS Business Portal. 

If You no longer have an ongoing need to access the AICIS Business Portal, You must notify the Commonwealth as soon as possible.

Your obligations

Your obligations are different depending upon the type of User you are, and these Terms of Use differentiate between the types of Users of the AICIS Business Portal where required. You may be more than one type of User.  

Confirmation of identity 

If You register a User Profile for the AICIS Business Portal, You confirm that Your individual identification details submitted on the AICIS Business Portal registration page are true and correct and that You are not misrepresenting Your identity or registering on behalf of any other individual. 

If You use the AICIS Business Portal as a Representative User, You confirm that Your individual identification details submitted with any information and Material You lodge via the AICIS Business Portal are true and correct and that You are not misrepresenting Your identity.

Representative User

If You are a Representative User, You:

a. agree to submit to the Commonwealth on its request evidence of Your authority to represent an Applicant(s); 

b. must only use the AICIS Business Portal within the scope of the authority given by Applicant(s) to represent them; and

c. must cease using the AICIS Business Portal in relation to any Applicant(s) if the authority given by them for You to represent them is revoked.

Applications (Applicant Users or Representative Users)

On each occasion that you save a draft Application, You:

a. represent and warrant that You have complied with these Terms of Use;

b. represent and warrant that you have read and understood the relevant guidelines provided in the AICIS Business Portal relating to the requirements of the Industrial Chemicals Act; and

c. understand that the Commonwealth may not be able to accept the draft Application if the file size exceeds 5MB per file upload.

In lodging an Application, You:

a. represent and warrant that You have complied with these Terms of Use;

b. represent and warrant that You have complied with the requirements of Application in the Industrial Chemicals Act;

c. represent and warrant that you have read and understood the relevant guidelines provided in AICIS Business Portal relating to the requirements of the Industrial Chemicals Act; 

d. represent and warrant that to the best of your knowledge, the information contained in the Application is true and accurate;

e. understand that the Commonwealth may not be able to accept the Application if the file size exceeds 5MB per file upload; 

f. undertake to advise the Commonwealth of any changes to information contained in the Application;

g. accept and agree that You are responsible for any Application lodged by You on the AICIS Business Portal using Your Profile;

h. acknowledge and agree that where the Application is linked to Your Profile, information in any Applications You have previously lodged that is linked to Your Profile may be used or disclosed for the purpose of assessing the Application; 

i. acknowledge and agree that the Application may be linked to another User Profile that is associated with the Application on Your or, in the case of a Representative User, the Applicant’s request; and

j. acknowledge and agree that the contents of the Application may be disclosed to other parties associated with the Application. 

Lawful and appropriate use of AICIS Business Portal 

You must:

a. only use the AICIS Business Portal for Your own lawful purposes, in accordance with these Terms of Use as amended from time to time or any other conditions notified by the Commonwealth on the AICIS Business Portal, and in a manner that does not infringe the Intellectual Property Rights of, or restrict or inhibit the use of the AICIS Business Portal by, any third party;

b. only access and use the AICIS Business Portal from within Australia;

c. not attempt to undermine the security or integrity of the AICIS Business Portal;

d. not attempt to gain unauthorised access to any Materials other than those lodged by You, or to which You have been given express permission by the Commonwealth; 

e. immediately notify the Commonwealth of any unauthorised use of Your Profile, if You have one, or any other breach of security and take all other actions that the Commonwealth reasonably deems necessary to maintain or enhance the security of the AICIS Business Portal;

f. maintain Your Profile details and ensure Your Profile details are true, accurate, current and correct, if You have one;

g. not use, or misuse the AICIS Business Portal in any way which may disrupt or impair the functionality of the AICIS Business Portal or other systems used for the AICIS Business Portal; and

h.not transmit, or input via the AICIS Business Portal, any: 

  • harmful code or malware;
  • unlawful, defamatory, obscene, offensive or scandalous Material, or any Material that constitutes or encourages conduct that would contravene any law or which may harass or cause distress or inconvenience to any person; or
  • Material in violation of any Intellectual Property Rights or any laws, or Material that You do not have the right to use or transmit or input into the AICIS Business Portal.

It is Your responsibility to ensure that any files uploaded comply with these conditions.

You acknowledge that Your access to, and use of, the AICIS Business Portal is subject to applicable Commonwealth legislation (including the Criminal Code Act 1995 (Cth), the Privacy Act 1988 (Cth), and the Industrial Chemicals Act), and that penalties may apply for misrepresenting information lodged on, or misuse of information obtained from, the AICIS Business Portal.

Your use of AICIS Business Portal will be logged for the purpose of security and usage monitoring.

Intellectual Property Rights

Materials on the AICIS Business Portal may be protected by Intellectual Property Rights. You must not use any Material on the AICIS Business Portal for a purpose for which You do not have express permission from the Intellectual Property Rights owner. If You have any doubt as to Your right to use the Material, please contact its owner. The Commonwealth is not liable if You breach an owner’s Intellectual Property Rights.

You grant (or will procure) a royalty-free, non-exclusive licence for the Commonwealth to use, reproduce and adapt the information and Material included in any Applications You lodge in the AICIS Business Portal for the purpose of making an assessment of those Applications.

You acknowledge and agree that the licences granted above, as relevant to You, do not limit or exclude any rights that the Commonwealth is entitled to exercise at law in relation to the Material.

Indemnification, liability and termination

You remain solely responsible for complying with all applicable laws in connection to Your use of the AICIS Business Portal. It is Your responsibility to check that storage of, transfer and access to the Materials You transmit or input via the AICIS Business Portal will comply with all laws applicable to You.

You indemnify the Commonwealth for any loss or expense incurred by the Commonwealth in dealing with any claim against it, including legal costs and expenses on a solicitor/own client basis and the cost of time spent, resources used or disbursements paid by the Commonwealth, arising from either:

a. a breach by You of these Terms of Use; or

b. an act or omission involving fault on Your part in connection with these Terms of Use.

Your liability to indemnify the Commonwealth under these Terms of Use will be reduced proportionately to the extent that any negligent or other tortious act or omission of the Commonwealth contributed to the relevant loss or damage.

Collection of Your personal information and privacy obligations

For details about how the Executive Director of AICIS collects and holds your personal information, see our privacy policy.

For further details about how the Commonwealth handles personal information, see the Commonwealth’s privacy policy at http://www.health.gov.au/internet/main/publishing.nsf/content/privacy-policy.

Disclaimers

You agree that Your use of the AICIS Business Portal is entirely at Your own risk, and You have made Your own assessment on the risk of use of the AICIS Business Portal and any Materials on the AICIS Business Portal.

You accept and agree that You are authorised and responsible for any Applications made to the AICIS Business Portal using Your Profile. The Commonwealth is not liable or legally responsible for any of the Applications You make using Your Profile. 

The Commonwealth may at any time change the content, including removing any Materials held in the AICIS Business Portal at its discretion and without notice.

You agree that Material You transmit or input via the AICIS Business Portal may be accessed by Personnel who are permitted access to the Material by the Commonwealth for the purposes of processing Applications, or operating and administering the AICIS Business Portal. You are responsible for all risks relating to access by Personnel to Material You transmit or input via the AICIS Business Portal before using the AICIS Business Portal. 

The Commonwealth gives no warranty in connection with the AICIS Business Portal and its Materials and cannot guarantee that the use of the AICIS Business Portal and its Materials will not breach Intellectual Property Rights, will be uninterrupted or error free, that any defects in the AICIS Business Portal and its Materials will be corrected, or that the AICIS Business Portal is free of harmful code.

To the maximum extent permitted by law, the Commonwealth excludes all liability and responsibility to You (or any other person) for any loss (including loss of information, data, profits and savings) or damage resulting, directly or indirectly, in connection from Your (or any other person’s) use of or reliance on, the AICIS Business Portal or its Materials.

Where connection to a system or website outside the Commonwealth’s control compromises the AICIS Business Portal, the Commonwealth may sever links to that website or system.

General

These Terms of Use are governed by the laws of the Australian Capital Territory, Australia, and You agree to submit to the exclusive jurisdiction of the courts of the Australian Capital Territory.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use will continue in full force.

If either party waives any breach of these Terms of Use, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

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