Industrial chemicals

Member: 

Basic information

1

Outline of the system

The Australian Industrial Chemicals Introduction Scheme (AICIS), aids in the protection of the Australian people and the environment through the regulation of the introduction of industrial chemicals, the assessment and evaluation of the introduction and use of certain industrial chemicals and providing information and recommendations to promote their safe use. Industrial chemicals include a broad range of chemicals used in inks, plastics, adhesives, paints, glues, solvents, cosmetics, soaps and many other products. The Office of Chemical Safety (OCS) within the Department of Health and Aged Care administers the statutory scheme known as the Industrial Chemicals Act 2019 (IC Act). OCS assessments inform decisions made by a wide range of Commonwealth, State and Territory government agencies involved in regulating the control, use, release and disposal of industrial chemicals. AICIS administers the following licensing systems under the IC Act:

• Chemical assessments and authorisations – The import and/or manufacture of industrial chemicals is authorised under specific categories. Chemicals not listed on the Australian Inventory of Industrial Chemicals (Inventory) may be introduced under Exempted (very low risk introductions), Reported (low risk) or Assessed (medium to high risk) categories. Introducers will have to first categorise the chemical they wish to introduce by determining the indicative risk to human health and the environment. Commercial importers and/or manufacturers (introducers) are required to apply for assessment of a medium to high risk chemical and upon completion an assessment certificate may be granted. Introducers are also required to apply to vary the Inventory listing for an industrial chemical if their intended use differs from that specified in the listing. An introducer may apply for a commercial evaluation authorisation in order to evaluate the commercial viability of industrial chemicals.
• Registration of introducers – establishes a Register of Industrial Chemical Introducers – A certificate of Registration authorises companies and persons to import industrial chemicals into Australia.
• International Conventions - is responsible for implementing the domestic obligations of the Rotterdam Convention for industrial chemicals and the Minamata Convention on Mecury for mercury with industrial use. Australia's import decisions for industrial chemicals listed in Annex III of the Convention reflects the current regulatory status of that chemical in Australia. More information can be obtained from:
https://www.industrialchemicals.gov.au/chemical-information/banned-or-re...
• Rotterdam Convention - The importation of polychlorinated biphenyls (PCBs), and other substances obtained by chlorinating terphenyls (PCTs) and other polyphenyls, is prohibited under the provisions of the Customs Act 1901 and Prohibited Import (PI) Regulations unless the permission in writing of the responsible Minister is granted and presented at the time of importation. The permission must be issued in the name of the owner. It may include strict conditions as to the application, disposal and destruction of the industrial chemicals.
Under the Industrial Chemicals (General) Rules 2019, the introduction and export of chemicals listed in sections 72 and 73 is prohibited without approval from the Executive Director, AICIS.

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Product coverage

Refer above for details of each licensing system and chemicals that are subject to each system under the IC Act.

Nature of licensing

Automatic

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If Automatic, administrative purpose

Non-Automatic

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If Non-Automatic, description of the notified Non-Automatic Licensing regime

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Products under restriction as to the quantity or value of imports

International Conventions - The Rotterdam Convention applies to chemicals subject to the Convention originating in and coming from countries that are Parties to that Convention. The purpose of the Rotterdam Convention is to promote shared responsibility and cooperative efforts among Parties in the international trade of certain hazardous chemicals in order to protect human health and the environment from potential harm. Systems for chemicals covered by the Rotterdam Convention apply to goods originating in and coming from countries that are Parties to that Convention. AICIS also authorises chemicals imported from countries which are not a Party to the Convention, for example tetraethyl lead. The licensing of chemicals covered by the Rotterdam Convention is for the purpose of fulfilling Australia's obligations under that Convention. The monetary value is not a criterion for control.

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Questions for products under restriction as to the quantity or value of imports

Not applicable.

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The system applies to products originating from which country?

Chemical assessment and authorisation applies to the importation of industrial chemicals (as defined in the IC Act) from all countries.

International Conventions – Rotterdam Convention applies to chemicals subject to the Convention originating in and coming from countries that are Parties to that Convention. AICIS also authorises chemicals imported from countries which are not a Party to the Convention, for example tetraethyl lead.

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Expected duration of licensing procedure

Eligibility of applicants

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Is there a system of registration of persons or firms permitted to engage in importation?

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What persons or firms are eligible to apply for a licence?

All persons, firms and institutions are eligible to apply for permission to import provided statutory requirements outlined above are met.

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Is there a registration fee?

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Is there a published list of authorized importers?

Contact point for information on eligibility

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Ministry/Authority

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Address

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Telephone

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Fax

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E-mail address

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Website

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Contact officer

Submission of an application

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Administrative body(ies) for submission of an application

Documentation requirements

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What information is required in applications?

International Conventions – applications for permits to import polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls must be made in writing to the Minister for Home Affairs. The application should include the importer's name and address and details of the goods to be imported.

Applications for permission to import PCBs and PCTs can be made using the form available at: https://www.abf.gov.au/form-listing/forms/1530.pdf.

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What documents is the importer required to supply with the application?

Chemical assessment and authorisation – a comprehensive list of documentation and other requirements required for this process can be found on the AICIS website at https://www.industrialchemicals.gov.au/getting_started/basics-importing-....

Window of submission of an application

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How far in advance of importation must application for a licence be made?

Chemical assessment and authorisation – Required authorising instruments (e.g. assessment certificates) must be obtained before the chemical is introduced into Australia under the appropriate category for that chemical.

International Conventions – for the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls application for a permit should be made in advance of the arrival of the goods.

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Are there any limitations as to the period of the year during which application for licence can be made? If so, explain

All licencing may be issued throughout the year.

Issuing the license

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Can a licence be granted immediately on request?

Chemical assessment and authorisation – assessment certificates are issued after an assessment is completed. Statutory timeframes apply to assessment applications, commercial evaluation authorisations and applications to vary an Inventory listing.

International Conventions – for the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls permits cannot be issued immediately as they are only issued on the advice of the Department of Industry, Science and Resources.

For the remaining chemicals listed on the Rotterdam Convention – within 20 business days as long as criteria are met.

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Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence

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Which administrative body is responsible for approving application of licences?

International Conventions – for the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls, a permit is issued by the Minister for Home Affairs on the advice of the Department of Industry, Science and Resources. Permissions to import PCBs are normally granted by the Department of Home Affairs for research purposes. However, PCB waste may also be imported under the Hazardous Waste (Regulations of Exports and Imports) Act 1989, provided all the requirements of that Act have been met.

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Must the applications be passed on to other organs for visa, note or approval?

For the remaining industrial chemicals listed on the Rotterdam Convention, written approvals are issued by AICIS.

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Are there any other conditions attached to the issue of a licence?

All authorisations to import the chemicals listed in the Rotterdam Convention can be subject to conditions including the quantity. Permission granted under Regulation 4AB of the PI Regulations may specify conditions or requirements to be complied with by the holder of the permission.

Fees and other administrative charges

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Is there any licensing fee or administrative charge?

A comprehensive list of all AICIS fees and charges can be found on the AICIS website at https://www.industrialchemicals.gov.au/fees.

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What is the amount of the fee or charge?

International Conventions – There are fees for import approvals for chemicals listed in the Rotterdam Convention under the IC Act. The fees and charges are available at: https://www.industrialchemicals.gov.au/fees. There are no fees for import or export approvals for mercury.

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Is there any deposit or advance payment required associated with the issue of licences?

There is no deposit or advance payment requirement associated with the issue of licences.

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Amount or rate?

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Is it refundable?

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What is the period of retention?

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What is the purpose of this requirement?

Refusal of an application

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Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?

International Conventions – for the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls an application for permission to import can be refused on the discretion of the Minister for Home Affairs or an authorised person.

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Are the reasons for any refusal given to applicants?

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Have applicants a right of appeal in the event of refusal to issue a licence?

There is no right of appeal against the Minister's decision. For the remaining chemicals listed in the Rotterdam Convention, and the import/export of mercury for industrial uses, approvals are issued by AICIS if approval is not granted a person whose interests are affected may request the Executive Director to reconsider the decision.

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If so, to what bodies and under what procedures?

An application may be made to the Administrative Appeals Tribunal for a review of a reconsidered decision.

Importation

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Are there any limitations as to the period of year during which importation may be made?

All licencing may be issued throughout the year.

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What documents are required upon actual importation?

International Conventions – for the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls, the written permission of the Minister for Home Affairs is required to be produced on import. For the remaining chemicals listed in the Rotterdam Convention, authorisation from AICIS is required to be in force at the time of importing the chemical.

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Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

No.

Conditions of licensing

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What is the period of validity of a licence? Can the validity be extended? How?

Registration of introducers - AICIS Registration is valid for one year commencing on 1 September and finishing on 31 August.

International Conventions - Rotterdam Permits (granted by the Minister for Home Affairs or an authorised person) apply to one consignment only.

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Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is no penalty for the non-utilisation of a licence or a portion of a licence under the ICNA Act.

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Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Registration of introducers - permits/licences are not transferable between importers.

Foreign Exchange

50

Is foreign exchange automatically provided by the banking authorities for goods to be imported?

Not applicable.

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Is a licence required as a condition to obtaining foreign exchange?

Not applicable.

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Is foreign exchange always available to cover licences issued?

Not applicable.

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What formalities must be fulfilled for obtaining the foreign exchange?

Not applicable.