Request for information on industrial uses of certain chemicals on the Inventory

Our new scheme, the Australian Industrial Chemicals Introduction Scheme (AICIS), starts on 1 July 2020. It will be governed by a new law — the Industrial Chemicals Act 2019 (IC Act). The Australian Inventory of Industrial Chemicals (the new Inventory) will replace the Australian Inventory of Chemical Substances (the current Inventory). Section 80 of the IC Act mandates that the new Inventory must only contain industrial chemicals.

Learn more about how the IC Act defines an industrial chemical

At the moment, we believe that the current Inventory lists more than 1600 chemicals that are not — and are not likely to ever have been — industrial chemicals, and are (or have been) used solely as:

  • an agricultural chemical
  • a veterinary chemical
  • a medicine or therapeutic, or
  • a food or food additive

Chemicals used in this way are not industrial chemicals and are regulated by other agencies. Under the Industrial Chemicals (Notification and Assessment) Act 1989, these are called ‘excluded use’ chemicals.

Learn more about excluded use chemicals

Removal of non-industrial chemicals from the Inventory before the new scheme starts

We have prepared a list of chemicals on the current inventory that we believe do not have (and have not had) an industrial use and need to be removed.

View the list of excluded use chemicals

We intend to remove from the current Inventory all chemicals on the list that have no industrial use before the new scheme starts. The new Inventory will then contain chemicals used only for industrial purposes.

Relevant legislation informing this action

Do you know of any chemical on this list that has an industrial use?

If you are aware of any chemicals on this list that have an industrial use, we need to know:

  • the chemical name
  • the CAS number
  • the industrial use of the chemical

You can let us know by submitting this form

Please note that it is an offence under the Criminal Code Act 1995 to provide false or misleading information.

Due date

You must submit the information by 31 March 2020.

What will happen after 31 March 2020?

We will:

  • consider the information received
  • remove any chemical without an industrial use from the Inventory, and
  • publish a list of these chemicals on our website

We will not remove any chemical that has an industrial use as well as an excluded use.

Relevant legislation

  • Section 50 of the Industrial Chemicals (Consequential Amendments and Transitional Provisions) Act 2019, and
  • Associated requirements set out in section 66 of the Industrial Chemicals (Consequential Amendments and Transitional Provisions) Rules 2018 (Transitional Rules)

Section 66 Transitional Rules excerpt:

66 Removing chemicals that have been wrongly listed on the Inventory

(1) This section applies if:

(a) immediately before the commencement day, a chemical was listed in the non confidential section of the old Inventory*; and
(b) the chemical is not an industrial chemical under the old law or the new law.

(2) For the purposes of the new law and the transitional Act, the chemical is taken to have never been listed in the old Inventory.

(3) The Executive Director must publish on the NICNAS website a list of the chemicals to which this section applies.

Previous consultations on this issue

This is our third round of consultation. It follows our previous consultations on these chemicals, which we did under the Inventory Multi-tiered Assessment and Prioritisation (IMAP) framework.

Background information on the current Inventory

The current Inventory was developed over 4 phases from the late 1970s until 1990. During these development phases (most of which occurred prior to the establishment of NICNAS), industry was encouraged to nominate any chemicals (not only industrial chemicals) that were in use in Australia. This resulted in the inclusion of a number of chemicals on the current Inventory that are not, and never have been, industrial chemicals.

*the old inventory is the current Inventory under the Industrial Chemicals (Notification and Assessment) Act, 1989

Last update 3 December 2019