The reforms to the regulation of industrial chemicals in Australia will be achieved through the new Australian Industrial Chemical Introduction Scheme (AICIS) which replaces the current National Industrial Chemicals Notification and Assessment Scheme (NICNAS). The new scheme will make regulatory effort more proportionate to risk, promote safer innovation by encouraging the introduction of lower risk chemicals and will continue to protect the Australian people and the environment from any harmful effects of industrial chemicals.
The bills that provide the new regulatory framework are currently before parliament.
Further information on the reforms is available from NICNAS Reforms.
Implementation of the reforms to the regulation of industrial chemicals
Legislation introducing reforms to the industrial chemicals regulatory framework was passed unamended through the House of Representatives on 17 October 2017 and is currently before the Senate. Passage of the Industrial Chemicals legislation for the new scheme is now expected to be debated in the Senate in the first half of 2019.
It was previously proposed that AICIS would come into effect on 1 July 2019. To assist regulated entities to adequately prepare for compliance with this new scheme, the Australian Government has decided to change commencement of the scheme to 1 July 2020. The ban on cosmetic testing on animals that is included in the Industrial Chemicals Bill 2017 will also commence on 1 July 2020.
Consultation to develop the supporting draft Rules and Categorisation Guidelines closed on 31 May 2018. More information on reforms consultations is available from NICNAS Have your say.
Further information on the detail of the reforms along with timing of specific reform implementation is available from NICNAS Reforms.
NICNAS is a statutory scheme within the portfolio of the Minister for Health, with responsibility delegated to the Assistant Minister for Health. The Director of NICNAS is a statutory office holder with specific functions under the Industrial Chemicals (Notification and Assessment) Act 1989 (the Act), including the scientific assessment of chemical risks to public health, occupational health and safety and the environment. NICNAS also has some responsibilities for recommending the control of risks in relation to new and existing chemicals.
A review of NICNAS, initially progressed as a Better Regulation Ministerial Partnership between the Minister for Finance and Deregulation and the Minister for Health, was undertaken to evaluate and make recommendations on the regulatory settings for the notification, assessment and regulation of industrial chemicals, noting that any proposed changes to the regulatory arrangements for industrial chemicals should not weaken human health and environmental protection. The review considered:
- the role and functions of NICNAS as set out in the Act and the extent to which they adequately reflect stakeholder expectations and international best practice, having regard to the broader context of chemicals regulation in Australia
- the governance and consultation arrangements of NICNAS and the extent to which they support the effective delivery of NICNAS' functions
- the efficiency and effectiveness of NICNAS' operating arrangements and business processes, with particular regard to the protection of human and environmental health, the management of risk, and compliance costs for business
- any implications for the resourcing of functions currently cost recovered, should the review recommend changed responsibilities.
In considering the options for reform, the Australian Government had regard to:
The final Regulation Impact Statement associated with the reforms for NICNAS is available from the Office of Best Practice Regulation.