NICNAS Matters September 2013
Welcome to the September 2013 NICNAS Matters—the first edition to appear electronically on our new website. This is the 39th edition and—like all previous issues—provides you with updates on all NICNAS's assessment and regulatory activities, as well as those of related regulatory agencies.
This edition comes to you just a couple of months after we launched our new website. The revised Handbook for Notifiers (Guide for importers and manufacturers of industrial chemicals in Australia) is one of the new website's main components.
This NICNAS Matters also includes links to NICNAS publications such as brochures describing our core activities and updated factsheets on the new website. The 'new look' brochure format is pictured at left.
We acknowledge stakeholders, registrants, advisory and engagement group members and others who helped develop the new website and handbook.
We will soon be inviting all stakeholders to participate in the latest NICNAS Stakeholder Survey. Invitations to participate—and contribute your views about our work so we can better serve your needs—will be on the website and emailed to our regular stakeholders soon!
Note: A list of some of our new publications and sources of information—most of which are to be found on our new website—is provided as the last item in this newsletter.
REVISED SUNSCREEN STANDARD 2012 ADOPTED
The revised Australian/New Zealand Sunscreen Standard (AS/NZS 2604:2012 Sunscreen products—evaluation and classification) ('the 2012 Sunscreen Standard') took legal effect for certain cosmetic products in an amended Cosmetics Standard 2007 from 1 August 2013—with a five-year transition period before full compliance is required.
The new standard replaces the previous version of the Sunscreen Standard referenced by the Cosmetics Standard 2007, namely the AS/NZS 2604:1998 Sunscreen products—evaluation and classification ('the 1998 Sunscreen Standard').
The amended Cosmetics Standard 2007 updates the requirements of two categories of cosmetic sunscreen products (face/nail and skin care). Manufacturers and importers of cosmetic products will have five years to fully comply with the updated requirements. This means that—from 1 August 2013 to 31 July 2018—these products must comply with the specified SPF and broad spectrum performance, labelling and testing requirements of either the 1998 Sunscreen Standard or 2012 Sunscreen Standard.
Relevant products manufactured or imported into Australia on or after 1 August 2018 will have to comply with the 2012 Sunscreen Standard only—the 1998 Sunscreen Standard will no longer have legal effect.
The amended Cosmetics Standard 2007 is published on the Federal Register of Legislative Instruments (FRLI), and was also tabled in Parliament on 24 June 2013, as required for disallowable instruments. An explanatory memorandum is also available on the FRLI website, and a regulatory impact statement is available on the Office of Best Practice Regulation website.
For a full explanation of the background to this story, please see the August 2013 Chemical Gazette or contact NICNAS:
FreeCall 1800 638 528 * Ph 61 (0)2 8577 8800 * Fax 61 (0)2 8577 8888 * Email firstname.lastname@example.org
ROTTERDAM CONVENTION: FEE STRUCTURE FOR IMPORT/ EXPORT OF CERTAIN INDUSTRIAL CHEMICALS
Are you an importer and/or exporter of banned or severely restricted chemicals?
If so, you need to know that there are regulatory obligations—informed by Australia's import decision for industrial chemicals listed in Annex III of the Rotterdam Convention—that reflect the current regulatory status of such chemicals in Australia.
The obligations of the Rotterdam Convention are implemented under the Industrial Chemicals (Notification and Assessment) Act 1989 and the Industrial Chemicals (Notification and Assessment) Regulations 1990—both of which are administered by NICNAS. The regulations were developed for the purposes of section 106(1) of the Act.
As an importer and/or exporter, you are responsible for keeping up-to-date with the status of Annex III-listed chemicals and import decisions published in the PIC Circular, to ensure that you do not import and/or export without appropriate authorisation or notification.
We (NICNAS) view any breach of the Rotterdam Convention, the Act and/or Regulations as a serious matter and may enforce a range of options, including legal proceedings.
Exporting or importing?
Exporting an Annex III-listed chemical …….
The following two scenarios incur a fee of $750 to process an annual authorisation to export certain industrial chemicals under the Prior Informed Consent (PIC) procedure of the Rotterdam Convention:
- A NICNAS client seeking an annual authorisation to export Annex III-listed industrial chemicals to a country that is a party to the convention and has provided an import response that gives consent for the import to occur, or gives consent for the import to occur subject to specified conditions, or
- A NICNAS client seeking an annual authorisation to export an Annex III-listed industrial chemical to a country that is not a party to the convention.
Processing export notifications to export certain industrial chemicals under the PIC procedure of the Rotterdam Convention incurs a fee of $1700, which will apply to the following two scenarios:
- A NICNAS client seeking an export notification to be processed by NICNAS to export an Annex III-listed industrial chemical to a country that is a party to the convention but has not provided an import response to the Rotterdam Convention Secretariat for subject chemical, or
- A NICNAS client seeking an export notification to be processed by NICNAS to export an Annex III-listed industrial chemical to a country that is a party to the convention but has provided an import response to the Rotterdam Convention Secretariat for subject chemical of 'no consent'.
The industrial chemicals pertinent to these two export scenarios are:
- polybrominated biphenyls: (hexa; octa; and deca)
- tris (2,3‑dibromopropyl) phosphate
- polychlorinated biphenyls
- polychlorinated terphenyls
- tetraethyl lead, and
- tetramethyl lead.
Importing an Annex III-listed chemical …….
Processing an annual authorisation to introduce certain industrial chemicals under the PIC procedure of the Rotterdam Convention will incur a fee of $1700—currently this applies to importing or manufacturing:
- polybrominated biphenyls: (hexa; octa; and deca), and
- tetramethyl lead.
Note re tetraethyl lead .......
Legislation is being finalised regarding a fee to process an annual authorisation for introducing tetraethyl lead; however, an annual authorisation and fee are not applicable for introducing tetraethyl lead if:
- the tetraethyl lead is introduced in aviation gasoline (avgas), or for use in the production of avgas, or
- the tetraethyl lead is introduced in a leaded fuel or fuel additive, and:
- by a person in respect of whom an approval granted under subsection 13 (1) of the Fuel Quality Standards Act 2000 is in force at the time of introduction, and
- for the purpose of a supply that is specified in the approval.
If you intend to import tetraethyl lead in circumstances other than the above-mentioned scenario, please contact NICNAS.
Authorisation / notification processing and payment
Submission of either an annual authorisation or export notification application will not be processed by NICNAS until accompanied by both the appropriate payment and Payment options form.
Once an application has been submitted to NICNAS and has been determined to meet the appropriate criteria for vetting, your payment will be processed and will be non-refundable.
Further information about the Rotterdam Convention can found on the NICNAS website compliance pages or by contacting the Compliance and Enforcement Team on:
Freecall: 1800 638 528 * Email: email@example.com
REGISTRATION REMINDER: PENALTIES FOR LATE/NON PAYMENT
The Industrial Chemicals (Notification and Assessment) Act 1989 requires all introducers of relevant industrial chemicals to be registered with NICNAS. With the new registration year having now started, introducers are reminded that registrations needed to be renewed by
31 August 2013.
Registration renewal kits were posted out to all registrants in mid-July. If you have not received your renewal pack, please contact NICNAS on 1800 638 528 or e-mail firstname.lastname@example.org.
The 2013–14 registration year runs from
1 September 2013 to August 31 2014.
There are four levels of registration. Your registration level is based on the total value of relevant industrial chemicals introduced each year. Your registration may not be current if you are not registered at the correct level. Additionally, your registration renewal invoice and application form for 2013–14 will be based on your registration level as at 1 July 2013.
Compliance and enforcement
NICNAS's Compliance and Enforcement Program undertakes year-round audit and monitoring activities to ensure introducers meet their registration obligations.
We audited over 1,200 importers in 2012–13, resulting in over 700 organisations registering for the first time—or upgrading their registration level. Additionally, audits have been conducted to ensure registrants meet their Australian Inventory of Chemical Substances (AICS) obligations.
The total number of registrants for 2012–13 increased by approximately 300 to a total of 5,289.
NICNAS will start implementing formal compliance action for registrants that have not completed payment of their registration renewal charge prior to the due date (under s83A of the Industrial Chemicals (Notification and Assessment) Act 1989).
Further information about NICNAS registration can be obtained by contacting NICNAS on:
Freecall 1800 638 528 * Fax 02 8577 8888 * Email: email@example.com
It's more than 12 months since NICNAS started using a new process for assessing—over four years—around 3,000 existing chemicals (Stage One chemicals) on the Australian Inventory of Chemical Substances (AICS) using the Inventory Multi-tiered Assessment and Prioritisation (IMAP) Framework.
During the past 12 months, NICNAS has published over 980 assessments for public comment. The public comment period for the fourth tranche ended on 9 August 2013.
NICNAS has published an updated list of the Stage One chemicals on the website. The updated information includes:
- identification of replacements for the chemicals removed as a result of AICS audit activities
- identification of chemicals for which assessment will commence in 2013–14, and
- assessment status for each of the Stage One chemicals.
Stage One List: replacement of chemicals
In August 2012, some chemicals were removed from the Stage One chemical list as a result of AICS audit activities.
NICNAS committed to replace these chemicals as part of the second year assessment activities, and six replacement chemicals (which meet the criteria for inclusion where chemicals have been identified as a concern for which action has been taken overseas) are now included in the Stage One list.
Assessment of these chemicals will commence in 2013–14.
Chemicals assessments scheduled for 2013–14
NICNAS continues to assess a number of chemicals for which work started in the first year.
In addition, NICNAS has identified the chemicals for which assessment will commence for human health or environment in 2013–14. These include (but are not limited to):
- compounds of cadmium, nickel or cobalt
- petroleum refinery gases and oils
- fatty amines
- cationic surfactants
- benzidine-congener dyes, and
- a subset of hair-dyes restricted overseas.
We welcome any information provided by introducers and users of the Stage One chemicals. You can use the template from our website to provide exposure information. Hazard or other relevant information can also be provided by stakeholders.
Please provide any data on chemicals for which assessment will start in 2013–14, by
1 October 2013.
For further information on the IMAP Framework, please contact the Existing Chemicals Program at:
NICNAS, GPO Box 58, Sydney NSW 2001 * Phone: 61 (0)2 8577 8800 * Email: firstname.lastname@example.org
TRAINING AND OUTREACH SESSIONS
NICNAS's preferred approach to ensuring compliance with our legislation is to work with industry, providing advice to help you understand your regulatory obligations and helping to find the most practical way to meet those obligations.
As part of our commitment to raising industry awareness, NICNAS conducts free training and awareness sessions each year.
These training sessions are open to all interested stakeholders, such as registered chemical introducers, regulatory consultants and customs brokers.
NICNAS industry training schedule
2013: Newcastle: 21 November
2014: Brisbane: 27 February, Melbourne: 27 March, Sydney 10 April
NICNAS customs broker seminars schedule
2014: Brisbane: 27 February, Melbourne: 27 March, Sydney: 10 April
If you wish to attend please provide your name; industry/company; number of attendees and preferred city, and email to: email@example.com
Once we have received your expression of interest, NICNAS officers will contact you two weeks before the training date with a confirmation of venue and sessions details.
If you have any further inquiries about industry training, please contact NICNAS on:
Phone: 61 (0)2 8577 8800 * Freecall: 1800 638 528 * Email: firstname.lastname@example.org
REMINDER: ANNUAL REPORTING STATEMENTS DUE 28 SEPTEMBER
Under sections 21AA and 40N of the Industrial Chemicals (Notification and Assessment) Act 1989, a person introducing a new industrial chemical using certain permits, certificates or exemptions in a registration year must provide a report to the Director, NICNAS, stating the name and quantity of the chemical that was introduced.
Under the Act, annual reports must be submitted to NICNAS where there is a requirement to do so, even if the quantity being reported is 0 kg.
2012–13 annual reports for new chemicals introduced during the previous registration period
(1 September to 31 August) must be submitted to NICNAS by 28 September 2013.
If you do not submit an annual report, the NICNAS Compliance and Enforcement team will follow you up—and penalties may apply for non-compliance!
For further information regarding please refer to the Annual reporting webpage on the NICNAS website or call NICNAS Freecall: 1800 638 528.
CALENDAR OF EVENTS 2013–14
September 11–12: Society for Risk Analysis—Australia and New Zealand (SRA-ANZ) 7th Annual Conference, Canberra, ACT
October 16–18: Australasian College of Toxicology and Risk Assessment (ACTRA) Endocrine disrupting chemicals: science and regulation workshop and Annual Scientific Meeting, Canberra ACT
October 28: NICNAS Industry Engagement Group (IEG) meeting, Sydney NSW
November 21: NICNAS industry training session, Newcastle NSW (see item above for details)
November 26: Chemical diversion workshop (AFP), Sydney NSW
November 29: NICNAS Community Engagement Forum (CEF), Sydney NSW (to be confirmed)
November 30–04 December: Australian Institute of Occupational Hygienists (AIOH) Annual Conference, Sydney NSW
December 3: NICNAS Industry Government Consultative Committee (IGCC), Sydney NSW (to be confirmed)
February 2–6: 2014 International Conference on Nanoscience and Nanotechnology (ICONN2014), Adelaide SA
February 27: NICNAS industry training session and customs broker seminar, Brisbane QLD
March 27: NICNAS industry training session and customs broker seminar, Melbourne VIC
April 10: NICNAS industry training session and customs broker seminar, Sydney NSW
List of 96 chemicals of security concern [NICNAS was commissioned by the Attorney General's Department to collect information on certain chemicals—and obtained and collated information on the use of 67 chemicals that were defined as 'industrial chemicals' under the Industrial Chemicals (Notification and Assessment) Act 1989.]
FactSheets on chemicals/categories of chemicals (50 topics—updated versions of NICNAS information sheets, Alerts and Safety information sheets)
Nanomaterials FactSheets and Technical information sheets (four information sheets)
FactSheets on other chemical issues/topics (including Coal Seam Gas)
New web pages
Most pages on the NICNAS website are either new, significantly updated or re-styled. You may be particularly interested in the Issues pages on:
Nanomaterials / Nanotechnology (which includes new information sheets), and
Fracking / Hydraulic fracturing (Coal Seam Gas extraction).
© Commonwealth of Australia 2013
This work is copyright. Apart from any use as permitted under the Copyright Act 1968, no part may be reproduced by any process without prior written permission from the National Industrial Chemicals Notification Scheme. Requests and inquiries concerning reproduction and rights should be addressed to: Head, BMC Program, National Industrial Chemicals Notification and Assessment Scheme, GPO Box 58, Sydney NSW 2001Back to top