Chemicals exempt from notification

Our "Do I need to notify?" questionnaire will tell you if you qualify for an exemption

Determine whether a chemical poses no unreasonable risk

If you qualify for an exemption from notification you will still need to comply with annual reporting and record-keeping requirements.

For some exemptions you also need to provide us with information before you import and/or manufacture and keep evidence that the chemical poses no unreasonable risks to work health and safety, human health and the environment.

Learn more about the annual reporting, record-keeping and information requirements for the following 5 exemption categoriesclick on the arrows to read guidelines/information/checklists.

  • Research, development or analysis

    There are 2 different situations when the research, development of analysis exemption may apply.

    1. Manufactured in a fixed apparatus in a specific location

    To qualify for this exemption, the new chemical must be:

    • solely for research, development or analytical work
    • site-limited, and
    • in an apparatus that cannot operate effectively to produce smaller quantities.

    There is no volume restriction on this category.

    Checklist

    You will need to:

    • advise NICNAS before manufacturing using Research and development exemption application Form 6 [Word 163.7 KB]
    • maintain:
      • procedures for safe disposal
      • procedures for hazardous degradation products
      • records showing the type and location of the apparatus
      • records on the use of the chemical (research, development or analysis), and monitor the manufactured volume of the chemical.

    2. Imported and/or manufactured at a maximum of 100kg in a 12-month period

    This is when you import or manufacture the new chemical only for research, development or analytical work in a quantity of not less than 100 g and not more than 100 kg in any 12-month period.

    Checklist

    You will need to:

    • monitor the manufactured and/or imported volume of the chemical
    • submit an annual report to NICNAS at the end of the registration year (chemicals introduced at a total quantity of < 100 grams do not need to be reported).
  • Transshipment

    This exemption applies if you introduce a new chemical to Australia and it:

    • remains under the control of Australian Customs and Border Protection Service, and
    • leaves Australia less than 30 days after the day you introduce it.

    There is no volume restriction on this category.

    Checklist

    You will need to:

    • store the chemical in a bonded warehouse that is subject to Australian Customs and Border Protection Service control for no more than 30 days
    • maintain import and export records about the new chemical, and
    • submit an annual report to NICNAS at the end of the registration year.
  • Non-cosmetic use not exceeding 100kg

    Your new chemical may qualify for this exemption if it:

    • is not intended for cosmetic use
    • poses no unreasonable risk to occupational health and safety, public health or the environment
    • is imported or manufactured in a volume no greater than 100 kg in any 12-month period, and
    • is not an industrial nanomaterial.

    Checklist

    You will need to:

    • maintain:
    • monitor import and/or manufacture volumes, and
    • submit an annual report to NICNAS at the end of the registration year.

    You may:

  • Cosmetic use not exceeding 100kg

    This exemption category includes options for introducing the chemical in volumes up to 10 kg or between 10 kg and 100kg in any 12-month period.

    To qualify for this exemption, the chemical must not:

    Where the chemical is present in the cosmetic at a concentration ≥1%, you must have information that indicates that the chemical will be safe for use by potentially high-risk groups, including infants, elderly persons and atopic persons, consistent with the anticipated pattern of consumer exposure.

    Checklist

    You will need to:

    • maintain:
      • evidence that the chemical poses no unreasonable risk to work health and safety, public health and the environment, and
      • records relating to the occupational health and safety, public health and environmental effects for 5 years after the chemical is introduced
    • monitor import and manufacture volumes
    • submit an annual report to NICNAS at the end of the registration year
    • If your chemical is for a volume between 10 kg and 100 kg in any 12-month period you must also advise NICNAS before importing and/or manufacturing the chemical by using Cosmetic exemption application Form CE-1 [Word 1MB].
  • Cosmetic use at a concentration of 1% or less

    Your new chemical must meet all the following requirements to qualify for this exemption.

    The chemical must:

    • be introduced in a cosmetic product at a concentration of 1% or less
    • have a very low aquatic toxicity to fish, aquatic invertebrates and algae—that is, LC50 or EC50 100 mg/L or greater
    • have one of the following characteristics:
      • dissolves in water without dissociation or association, is not surface-active and the partition coefficient (n‑octanol/water) at 20oC as log Pow does not exceed 3
      • solubility in water is greater than 1 mg/litre
      • molecular weight (MW) (or number-average molecular weight (NAMW) in the case of a polymer) is greater than 1000, or
      • readily biodegradable.

    The chemical must not:

    Checklist

    Have you:

    • established that the chemical is not a hazardous chemical, not a dangerous good and meets prescribed environmental criteria?
    • ensured records are kept and available relating to the use of the new chemical and its percentage in the cosmetic?
    • provided us with an annual report, which is due at the end of each registration year?

Go to exemption application forms

Last update 17 August 2017