Australia’s Transitional Period for NICNAS Exemptions to Expire on August 31, 2022

From September 1, 2022, cosmetic importers and manufacturers in Australia will not be allowed to import and manufacture industrial chemicals under any of the NICNAS exemptions. They shall categorize their introduction under the current AICIS scheme and comply with the corresponding obligations.

Commenced on July 1, 2020, the Australian Industrial Chemicals Introduction Scheme (AICIS) has replaced the previous National Industrial Chemicals Notification and Assessment Scheme (NICNAS) as the new overarching regulatory framework for the introduction of industrial chemicals into Australia.

As per the Industrial Chemicals (Consequential Amendments and Transitional Provisions) Rules 2019 and the notices on the AICIS website, the transitional period for exemptions granted under NICNAS will expire on August 31, 2022 without any extension. ¹

The following NICNAS exemption categories will be affected:²

Industrial chemicals for cosmetic use without unreasonable risk (not exceeding 100kg per year);
Industrial chemicals for cosmetic use without unreasonable risk or hazards (a concentration of 1% or less in cosmetics);
Industrial chemicals for non-cosmetic use without unreasonable risk (not exceeding 100kg per year);
Industrial chemicals for R&D or analysis—importation only (not exceeding 100kg per year), and;
Industrial chemicals for R&D or analysis (manufactured in a fixed apparatus in a specific location).

Notably, introductions made in accordance with NICNAS exemptions before August 31, 2022, are categorized as the “reported introductions” under AICIS. Cosmetic importers and manufacturers shall submit an annual declaration at the end of each AICIS registration year (some time between August and 30 November) and archive sufficient records to prove that the introduction meets the relevant NICNAS exemption criteria and is compliant with the legislation for official inspection.

From September 1, 2022, introductions shall be in accordance with the AICIS categories. Enterprises cannot manufacture or import industrial chemicals under the NICNAS exemptions. Instead, they need to categorize the industrial chemicals into one of the following five AICIS introduction categories and meet the requirements for the relevant introduction category.

Source: AICIS website