Review of decisions

If you are a commercial importer and/or manufacturer of industrial chemicals you may seek review of certain decisions made by:

  • the Federal Minister for Health responsible for NICNAS, or
  • the NICNAS Director.

To have a decision reviewed, you must make a written application to the Administrative Appeals Tribunal.

The following table shows the decisions under the Industrial Chemicals (Notification and Assessment) Act 1989 that can be reviewed, and who is empowered to make the decision/s.

Decision under section

Made by

Subject: A decision …

14(4)

Director

… to include a chemical in the confidential section of the Australian Inventory of Chemical Substances five years after the issuing of an assessment certificate.

15AA(7)

Director

… to include or not include a chemical in the Inventory [along with] specified particulars [under the power to include previously regulated chemicals in the Inventory]

17(4)

Director

… on whether to treat an applicant as the holder of a confidence about a chemical.

18A(2), 19(9)

Director

… to reject a person's reasons against the transference of a chemical from the confidential to the non-confidential section of the Australian Inventory of Chemical Substances.

20AA(6)

Director

… to remove a chemical wrongly included in the Australian Inventory of Chemical Substances.

20E(3)

Director

… that an application for listing an eligible chemical should be refused.

21H(1)

Director

… to refuse the application for a Commercial Evaluation Permit on the grounds that the quantity requested is not reasonably needed.

21H(2)

Director

… to refuse the application for a Commercial Evaluation Permit on the grounds that the period requested exceeds one year.

21L

Director

…  to use specified conditions in a Commercial Evaluation Permit.

21U(3)

Director

… to refuse an application for a Low Volume Chemical Permit.

21W(3)

Director

… to grant a Low Volume Chemical Permit subject to specified conditions.

21W(4)

Director

… to impose further conditions on a Low Volume Chemical Permit or to revoke or vary conditions already imposed.

21W(6)

Director

… to cancel a Low Volume Chemical Permit.

24(1)

Director

… to waive the requirements of the notification statement in the case of a chemical listed on a recognised international inventory of chemicals.

24(3)

Director

… allowing the variation of information normally required by the Schedule in the notification statement.

24(4)

Director

… to waive the requirements of the notification statement where particular matters specified in the Schedule are irrelevant, or unnecessary, for the assessment of the chemical.

27(1)

Director

… to request further information about a matter relating to a requirement in the Schedule.

27(2)

Director

… to request further information which is additional to the requirement in the Schedule, and which is necessary to complete an assessment.

27(4)

Director

… that a notifier has complied with a notice to give additional information for the assessment of the chemical.

28(2)

Director

… to suspend consideration an assessment until the notifier supplies further information required for the evaluation of the chemical.

30(1)

Minister

… to grant to a notifier a permit to introduce a chemical before the assessment certificate is given.

30(3)

Minister

… that information be published relating to a chemical which is subject to a permit.

30(5)

Minister

… on conditions specified in a permit allowing a chemical to be introduced before an assessment certificate is given.

30A(3)

Director

… not to grant an Early Introduction Permit.

30C(1)

Director

… to revoke an Early Introduction Permit.

31(3)

Minister

… to grant an additional 90 days in which to complete a thorough assessment and report.

37(2)(b)

Director

… to grant an additional 90 days in which to complete a thorough assessment and report.

40(6)

Director

… on varying a full public report as requested.

40F(3)(b)

Director

… to refuse to vary an assessment report as requested.

44(1)(d)

Director

… on whether the assessment under an approved foreign scheme is relevant to Australia.

44(2)(b)

Director

… to adopt a report, other information and documents given under an approved foreign scheme.

44(5)

Minister

… to grant an additional 90 days to complete an assessment report based on information provided under an approved foreign scheme.

51(1)

Minister

… to declare a Priority Existing Chemical (PEC).

52

Director

… that a chemical was wrongly included in Australian Inventory of Chemical Substances (AICS).

57(6)

Minister

… to extend the period of six months to 12 months to complete a thorough assessment report for a PEC.

58(3)

Director

… concerning information to be given for the assessment of a PEC.

60E(5)

Director

… to refuse to vary a draft assessment report.

61(2)

Minister

… to prohibit a particular activity involving a declared PEC.

65(2)

Director

… to require a Secondary Notification.

67(1)

Minister

… to suspend an assessment certificate or introduction permit, or to prohibit continuing introduction of a chemical, upon failure to comply with a Secondary Notification requirement.

68(6)

Minister

… to grant an additional period of up to 90 days to complete a thorough assessment and report for a chemical subject to Secondary Notification.

69(1)

Director

… to require persons who are not required to give a Secondary Notification of a chemical to supply information to assist in the thorough assessment of that chemical.

73(6)

Director

… to revoke an assessment certificate because NICNAS has not been informed of a change in the holder of the certificate.

75(1)

Director

… to allow specific items of information to be exempt from publication.

79(a)

Director

… to disclose confidential information in the public interest.

80G(2)

Director

… to refuse an application for registration.

80K(5)

Director

… to refuse an application for renewal of registration.

80QA(1)

Director

… on assessment of a registration charge.

80QC(3)

Director

… in response to a reconsideration or review of an assessment.

Last update 29 July 2018