Applications and guidelines - confidential AICS listing

Last update 22 September 2017

Preparing your application

Before you submit your application you must be certain you can provide a reasoned argument for a confidential AICS listing that is supported by relevant data or other evidence where available.

An application for confidential AICS listing doesn't mean it will automatically be accepted. Each application will be considered individually using a statutory test that weighs up commercial and public interests. It is important that you provide relevant information that addresses the commercial and public interest elements of the statutory test.

Read this Information on commercial interest, public interest and the statutory test

In general, the more relevant data provided in support of an application, the stronger the case is likely to be. To assist applicants, we have prepared examples of a successful application (including data provided we could rely on) and an unsuccessful application.

If the chemical was previously assessed by us as a new chemical, you should provide any information that has become available since the assessment was completed. Similarly, applications for confidential re-listing could include information that has become available since the previous confidential listing decision. This enables us to check that the conclusions and recommendations of the original assessment are still relevant, or whether new information requires consideration.

Applicants are reminded that information relating to secondary notification requirements should be provided to us within 28 days of the applicant becoming aware of the information.

See guidance and example of a successful application

See guidance and example of an unsuccessful application

Submit your application

Fees

A fee of $3,900 applies and must be made at the time of applying. Payment can be made by EFT, credit card and cheque (all details are provided in the application form).

Apply for a confidential listing / re-listing (Form AICS-1) [Word 62.5 kb]

Send your application to:

Email AICS Manager

Mail
AICS Manager
NICNAS
GPO Box 58
Sydney NSW 2001

or contact us for further assistance.

Decision on your application

We will will consider your application and give you notice about the outcome.

Decisions are made on a case-by-case basis using the statutory test and considering all reasoned arguments and relevant information submitted.

In making a decision on any aspect of the test, the Director will not be justified in granting the application unless there are substantial grounds for thinking that publishing the information could be expected to substantially prejudice the applicant’s commercial interests and that any such prejudice would outweigh the public interest from publishing the information.

Applications that relate to matters other than a new chemical will generally be decided within 20 business days of payment of any applicable fee and all data needed to make a decision.

Review process

If you are unhappy with the decision you can apply to the Administrative Appeals Tribunal (AAT) for review. An application for review to the AAT must be lodged within 28 days of the decision.

A chemical that is the subject of a confidential listing application cannot be listed in the non-confidential section until an AAT review is finalised.

If the decision by the Director is affirmed by AAT, the chemical will be listed on the non-confidential section of the AICS, unless an appeal from the AAT decision is made to the Federal Court of Australia.

Once a chemical is listed on the non-confidential section of the AICS there are limited circumstances in which the chemical can be transferred to the confidential section, or alternatively removed from the AICS entirely.