Australia Regulatory News

On 9 June 2023, the Australian government announced that because of a historic agreement reached at a national summit of environment ministers, strict new government regulations governing packaging wi...

On 9 June 2023, the Australian government announced that because of a historic agreement reached at a national summit of environment ministers, strict new government regulations governing packaging will soon be implemented to reduce waste and increase recycling. With the aid of these new regulations, packaging waste may be reduced while also being utilised in places where it can be recovered, reused, repurposed, or reprocessed. To limit the use of toxic chemicals in food packaging, the regulations will include required package design criteria and objectives, as well as requirements for recycled material. 

Manufacturers must now meet new design requirements and must prioritize waste reduction from the start of the packaging process. These guidelines will cover several factors, including the use of recycled materials. In addition, consumer health and environmental protection laws will be introduced to ensure the safe and sustainable use of chemicals in food packaging. 

Voluntary targets set by environment ministers in 2018 to be completed by 2025. The targets set in 2018 and the completion status of the targets can be seen in the table below. In addition, single-use plastic packaging, which is harmful and unnecessary, should no longer be used by 2025.   

The pledge follows a report from the Australian Packaging Organization (APCO) published on April 20, which concluded the nation was not on target to meet its public packaging targets by 2025 and called for clearer guidance. 

On 20 June 2023, the Australian Industrial Chemicals Introduction Scheme (AICIS) posted information on their website that the rules for importation and exportation of decabromodiphenyl ether (decaBDE)...

On 20 June 2023, the Australian Industrial Chemicals Introduction Scheme (AICIS) posted information on their website that the rules for importation and exportation of decabromodiphenyl ether (decaBDE), perfluorooctanoic acid (PFOA), its salts, and PFOA-related compounds in Australia will be amended in the near future. The changes will be made because these chemicals were added to Annex II of the Rotterdam Convention in October 2022. The amendments will affect Division 1, Part 2 of Chapter 6 of the Industrial Chemicals (General) Rules 2019.

The AICIS has furthermore published a Call for Information asking current and previous importers and exporters of the above-mentioned chemicals to submit information about their import or manufacture. The call is open until 15 September 2023 and the information can be submitted here.

For current importers of decaBDE, PFOA, its salts and related compounds the new rules will mean that they must cease any new import or export of the chemicals. All current and new importers must apply to the AICIS for import or export authorisation and can only resume import or export once the authorisation has been received. It will be and offence to import or export these chemicals without authorisation and penalties apply.

The full list of chemicals that will be subject to the new import/export authorisation rules can be found here.

On 4 May 2023, Australia Industrial Chemicals Introduction Scheme (AICIS) repealed CBI acceptance for the proper name of 2 Industrial Chemicals in the Australian Inventory of Industrial Chemicals (AII...

On 4 May 2023, Australia Industrial Chemicals Introduction Scheme (AICIS) repealed CBI acceptance for the proper name of 2 Industrial Chemicals in the Australian Inventory of Industrial Chemicals (AIIC). These chemicals are listed below: 

Other updates on cancellation and addition of chemicals to AIIC: 

On 23 March 2023 the Australian Industrial Chemicals Introduction Scheme (AICIS) opened consultation on 17 draft evaluation statements covering 1768 industrial chemicals. The deadline for comments is ...

On 23 March 2023 the Australian Industrial Chemicals Introduction Scheme (AICIS) opened consultation on 17 draft evaluation statements covering 1768 industrial chemicals. The deadline for comments is 19 May 2023. This type of consultations has been held by the AICIS on three prior occasions, first in October 2021 (1387 substances), in May 2022 (157 substances) and in October 2022 (187 substances).

Under Australia’s Industrial Chemicals Act 2019, any chemical that meets the definition of an industrial chemical (or class of industrial chemicals) may be subject to evaluation. Evaluations can cover a single chemical, a class or group of chemicals, a specific use, a specific hazard, a specific exposure, or specific circumstances of a chemical introduction.

The evaluations are a part of Australia’s evaluation roadmap for 2024 and beyond, published in September 2021 and the accompanying rolling action plan for prioritizing chemicals for evaluation. Both were implemented to accelerate the risk assessment process for industrial chemicals that can be used in the country. The aim of the evaluation roadmap is to evaluate at least 20 % of the chemicals on the Australian Inventory of Industrial Chemicals (AIIC) for which a current risk assessment is not available by 30 June 2024. This would be approximately 4200 chemicals.

The list of draft evaluation statements provides an overview of the evaluations including the proposed outcomes for each chemical. For example, benzaldehyde is evaluated in order to provide information on human health risks, focusing on the risk to public health from the use of the chemical in e-cigarettes (vaping products). Another example is 1-chloro-4-(trifluoromethyl)-benzene where evaluation selection analysis has indicated a potential human health risk and the AICIS proposes to vary terms of the Inventory for this substance. Most of the substances (approximately 1500 of the 1768) are not considered for in depth evaluation since they are no longer commercially active in Australia.

On 10 January 2023 a number of changes to the Australian Inventory of Industrial Chemicals (AIIC) were announced by the AICIS. After an evaluation under Part 4 of the Industrial Chemicals Act 2019...

On 10 January 2023 a number of changes to the Australian Inventory of Industrial Chemicals (AIIC) were announced by the AICIS.

After an evaluation under Part 4 of the Industrial Chemicals Act 2019, the AICIS has decided to remove the inventory listings of two Persistent Organic Pollutants (POPs) from the AIIC. The conclusion of the evaluation was that the risks to the environment from the introduction or use of the two substances cannot be managed with the existing regulatory framework. The following two substances will therefore be removed from the AIIC on 8 February 2023.

The above-mentioned evaluation also resulted in variations to inventory listings for two substances. The variation means that an obligation to provide specific information to the AICIS will be added to the terms of listing for the to following compounds from 8 February 2023.

Furthermore, the following industrial chemicals were added to the AIIC because 5 years have passed since the assessment certificates for these compounds were issued. Obligations to provide information about the new substances apply. The AICIS must be informed within 28 days if the circumstances of the importation or manufacture (introduction) are different to their assessment.

On 15 November 2022 the Australian Industrial Chemicals Rules 2019 has been amended regarding introductions of 10 kg or less. The amended rules, Industrial Chemicals (General) Amendment (Introductions...

On 15 November 2022 the Australian Industrial Chemicals Rules 2019 has been amended regarding introductions of 10 kg or less. The amended rules, Industrial Chemicals (General) Amendment (Introductions of 10 kg or Less) Rules 2022, is a result of a consultation held by the Australian Chemicals Introduction Scheme (AICIS) in October 2022.

For listed introductions (import or manufacture) it is now possible to choose to keep a simple set of records, if the introduced chemical is listed in the Australian Inventory for Industrial Chemicals (AIIC) and the combined volume of the chemical that is introduced in an AICIS registration year (from 1 September to 31 August) is 10 kg or less. This means that if the introducer of the chemical knows the CAS number to the chemical, they must keep a record of the CAS number and the CAS name (or INCI) name. If the introducer does not know the CAS number, they must keep a record of the CAS name, IUPAC name, or INCI name as well as records to indicate that the chemical is listed on the inventory. This information could be obtained for the chemical supplier.  

Reported introductions of 10 kg or less now have reduced reporting and record-keeping obligations compared to other reported introduction types. A pre-introduction report (PIR) must be submitted if the chemical to be introduced is in the reported category and is not on the AIIC or if it is on the AIIC, but the introduction is outside the parameters of the defined scope of assessment. Introducers must keep records for 5 years including written or electronic record of the chemical names provided in the PIR, the names of any products containing the chemical that has been imported into Australia, and records showing that the criteria for reported introduction 10 kg or less are met.

Other changes made as a result of the feedback the AICIS received during the consultation:

• The definition of GHS has been changed so that it now refers to the GHS edition in use by SafeWork Australia. This signifies that the Industrial Rules 2019 will not need to be amended when SafeWork Australia updates its GHS edition.
• Introductions can be classified as reported as long as the introducer does not hold information to suggest that the chemical does not satisfy the criteria for germ cell mutagenicity, carcinogenicity, or reproductive toxicity hazards classes in the GHS.

On 16 November 2022 the Australian Industrial Chemicals Introductory Scheme (AICIS) announced that 8 substances have been added to the Australian Inventory of Industrial Chemicals (AIIC) because 5 yea...

On 16 November 2022 the Australian Industrial Chemicals Introductory Scheme (AICIS) announced that 8 substances have been added to the Australian Inventory of Industrial Chemicals (AIIC) because 5 years have passed since the assessment certificates for the chemicals were issued. This is in accordance with Section 82 of the Industrial Chemicals Act 2019. Obligations to provide information about the new substances apply. The AICIS must be informed within 28 days if the circumstances of the introduction (importation or manufacture) are different to their assessment.

The substances added to the AIIC are:

On the same day the AICIS announced that the inventory listing for the following substance was changed since the approval to treat the proper name of the substance as confidential business information (CBI) had been revoked:

1,3-Benzenedicarboxylic acid, polymer with (2E)-2-butenedioic acid, 2,2-dimethyl-1,3-propanediol, 2-ethyl-2-(hydroxymethyl)-1,3-propanediol and hexanedioic acid, (octahydro-4,7-methano-1H-indenyl)methyl ester (CAS number: 2093197-30-7)