Offences and penalties

Offence under the Industrial Chemicals (Notification and Assessment) Act 1989

Guidance

Penalty units—for monetary value see
s4AA of the Crimes Act 1914 (Cth)

s15A

Failing to comply with conditions of use of an AICS-listed chemical.

The NICNAS Director may include in the AICS certain conditions associated with the chemical's mode of use or introduction. If you are importing or manufacturing the chemical you must comply with these conditions.

  • 120 for individuals
  • 600 for businesses

s21

Introducing a new industrial chemical (without an assessment certificate or permit and not exempt).

A new industrial chemical is either not listed on the AICS, or is listed but with certain conditions attached to its importation and/or manufacture. NICNAS must be notified of all new industrial chemicals and you must obtain an assessment certificate or permit before you can import or manufacture the chemical in Australia.

This does not apply if the new industrial chemical is exempt from notification to NICNAS or introduced for an excluded use.

  • 300 for individuals
  • 1500 for businesses

s21AA(4)

Failing to provide an annual report.

If you are introducing a new industrial chemical under an exemption you must provide an annual report to the NICNAS Director before or on 28 September of the following registration year after the year chemical was introduced.

  • 10-120 (max) for individuals
  • 50-600 (max) for businesses

S21L(4)

Contravening any conditions imposed on the Commercial Evaluation Permit.

CEC permits are subject to stipulations relating to safeguarding occupational health and safety, public health and the environment.You, and agreed users, must adhere to all permit conditions.

  • 300 for individuals
  • 1500 for businesses

For both individual and corporation the NICNAS Director can also cancel the permit (s21N)

s21W(5)

Contravening any condition imposed on the Low Volume Permit.

LVC permits are subject to stipulations relating to safeguarding occupational health and safety, public health and the environment.

You must follow all permit conditions.

  • 300 for individuals
  • 1500 for businesses

For both individual and corporation the NICNAS Director can also cancel the permit (s21W(6))

s22I

Contravening any condition imposed on the Controlled Use Permit.

CUPs are granted subject to conditions that the chemical is imported or manufactured only for the use stated on the permit. Conditions are designed to safeguard occupational health and safety, public health and the environment

You must follow all permit conditions.

  • 300 for individuals
  • 150 for businesses

s30C

Using a chemical after receiving a revocation notice from the NICNAS Director

In certain circumstances, the NICNAS Director can revoke an Early Introduction Permit

You must stop introducing the chemical as soon as you receive the revocation notice.

  • 300 for individuals
  • 1500 for businesses

s40K(3)

Failing to keep supporting records for permits or certificates.

If you are issued with an LVP, CUP, or a self-assessed assessment certificate you must keep records in support of information associated with your application for five years.

  • 120 for individuals
  • 600 for businesses

s40L(3)

Failing to provide requested documentation or information to the NICNAS Director relevant to a permit or certificate

You must provide information to the NICNAS Director, if asked, on an LVP, a CUP, or a self-assessed assessment certificate.

  • 60 for individuals
  • 300 for businesses

s40N(4)

Failing to provide an annual report for permits or certificates.

If you are introducing a new industrial chemical under a CEP, LVP, CUP, or a self-assessed assessment certificate, you must provide a report to the NICNAS Director before or on 28 September of the following registration year.

  • 10-120 (max) for individuals
  • 50-160 (max) for businesses

s64(1)(2)

(1) Failing to notify the NICNAS Director within 28 days of certain specified circumstances have occurred giving rise to the obligation of secondary notification.

(2) If you have introduced an industrial chemical that was assessed by NICNAS and then become aware of certain changes since the assessment, you must notify the NICNAS Director of the changes within 28 days and the circumstances of which you have become aware.

Specified circumstances or certain changes may include:

  • the function or use of the chemical has or is likely to change;
  • the amount of chemical introduced has or is likely to increase;
  • an imported chemical has begun to be manufactured;
  • the method of manufacture has or is likely to change;
  • additional information is available on the adverse occupational health and safety, public health or environmental effects of the chemical; and/or
  • other circumstances recommended on the assessment report for the chemical have occurred.
  • 120 for individuals
  • 600 for businesses

s67

Failing to comply with secondary notification requirements.

The NICNAS Director may, by notice in the Chemical Gazette, require you to submit a Secondary Notification of a chemical by persons to whom the notice applies.

s65(5) The notice must specify a period of not less than 28 days for compliance.

new industrial chemical

For both individuals and corporations, the Minister can suspend any assessment certificate or introduction permit you hold for the chemical

in any other case

  • 120 for individuals
  • 600 for businesses

For both individuals and corporations, the Minister can also  prohibit you from importing or manufacturing the chemical

s69

Contravening a notice by the NICNAS Director in the Chemical Gazette requiring information to assess industrial chemicals (existing or new) which may require secondary notification.

The NICNAS Director may require, to assess a new or existing industrial chemical requiring secondary notification, a notice in the Chemical Gazette for …

  • all persons who introduce the chemical
  • specified persons who introduce the chemical
  • specified persons who the Director considers may have relevant information on the chemical

… but who are not required to give secondary notification, to provide the NICNAS Director the information specified in the notice.

  • 60 for individuals
  • 300 for businesses

*

Last update 17 August 2017