Why do I need to register?

Last update 29 September 2017

You must be registered with NICNAS if you manufacture and/or import relevant industrial chemicals, as defined in the Industrial Chemicals (Notification and Assessment) Act 1989 (ICNA Act).

Once registered with NICNAS, your details will be added to the Register of Industrial Chemical Introducers.

Registration helps NICNAS inform industry about their legal obligations and the safe use of industrial chemicals. It also maintains public confidence in Australia's chemical industry.

The revenue from registration allows NICNAS to assess the risks of existing chemicals, as well as undertake compliance, communication and business support activities. Read more about us.

Find out if you need to register your business

Consequences of not registering

If you import or manufacture industrial chemicals for commercial purposes without first registering with NICNAS, you could be in breach of your legal obligations under the ICNA Act.

NICNAS can seek to prohibit you from introducing industrial chemicals until you meet your registration requirements.

A court could also impose penalties for non-compliance with your legal obligations. These penalties are up to:

  • $63,000 for an individual
  • $315,000 for a business

Offences and penalties

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