Penalties for registration offences

Strict liability means that fault (intention, knowledge, recklessness or negligence) does not need to be established to prove an offence. Strict liability is defined in the Criminal Code Act 1995 (Cth).

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

Guidance

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

s80B

Strict liability offence

Introducing relevant industrial chemicals without a registration in force.

Registration with NICNAS is necessary if relevant industrial chemicals are imported or manufactured in a registration year. This runs from 1 September to 31 August.

  • 300 for individuals
  • 1500 for businesses

s80Q

Strict liability offence

Failure to provide the NICNAS Director with a written statement indicating the total value of relevant industrial chemicals actually introduced in a registration year by 31 October.

If registered with NICNAS for a particular registration year, you must provide a written statement of the total value of relevant industrial chemicals actually introduced during the year, within two months of the end of that registration year.

  • 30 for individuals
  • 150 for businesses

s80QD

Strict liability offence

Failure to retain records for five years.

If registered for a particular registration year, you must keep all records to prove the introduction value for that year. You must keep these records for five years.

  • 30 for individuals
  • 150 for businesses

s80W(3)

Strict liability offence

Failure to comply with notice requiring information relating to the introduction of relevant industrial chemicals in a relevant registration year.

If the NICNAS Director believes you should have been registered in a particular registration year, the Director may require information from you relating to your introduction of relevant industrial chemicals for that year.

  • 30 for individuals
  • 150 for businesses

Last update 29 July 2018