Industrial Chemicals Charges (Excise) Amendment (2026 Measures No. 1) Regulations 2026

Administered by Department of Health, Disability and Ageing

Legislation au F2026L00953 Regulations In force Legislative Instrument

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EXPLANATORY STATEMENT

 

Issued under the authority of the Assistant Minister for Health and Aged Care

 

Industrial Chemicals Charges (Excise) Act 2019

 

Industrial Chemicals Charges (Excise) Amendment (2026 Measures No. 1) Regulations 2026

 

 

Purpose and Operation

 

The Industrial Chemicals Charges (Excise) Amendment Regulations 2026 (the Amendment Regulations) amend the Industrial Chemicals Charges (Excise) Regulations 2020 (the Principal Regulations) to implement a temporary, one-off 90% reduction to registration charges under the Australian Industrial Chemicals Introduction Scheme (AICIS).

 

The Amendment Regulations provide that:

  • for the 2026–27 registration year (1 September 2026 to 31 August 2027), registration charges are reduced by 90% across all existing registration levels, except level 1 which do not pay a charge.
  • For the 2027-28 registration year, which commences on 1 July 2027, the charges revert to the preexisting (2025–26) charge settings, unless further amendments are made.

 

The Amendment Regulations do not change:

  • the existing 8level registration structure;
  • how introduction values are calculated and thus registration levels are determined; or
  • any other operational aspects of the AICIS scheme

 

Introduction value refers to the total value of industrial chemicals introduced (imported or manufactured) in the previous financial year.

 

The amendments are administrative and timelimited and are intended to reduce accumulated surplus funds in the Industrial Chemicals Special Account while maintaining the longterm sustainability of the scheme.

 

 

Background

 

The IC Act establishes the AICIS as the national regulatory framework for the introduction (importation or manufacture) of industrial chemicals in Australia.

 

Persons who import or manufacture industrial chemicals in Australia and are required to register under AICIS are referred to as introducers. The full registration cost payable by introducers consists of a flat fee payable by all introducers, plus a charge that varies according to the value of industrial chemicals introduced (imported or manufactured) in the previous financial year. There are eight registration levels. Level 1 registrants, with an introduction value less than $50,000, pay the flat fee but do not pay a charge. 

The Industrial Chemicals Charges (Excise) Act 2019 (the IC Charges Act) provides for the imposition of registration charges payable by introducers of industrial chemicals, with registration charges (levies) payable annually based on the value of chemicals introduced.

 

A review of AICIS cost recovery arrangements identified that the Industrial Chemicals Special Account had accumulated surplus cash above target levels. The Government has decided to implement a oneoff 90% reduction in registration charges for the 2026–27 registration year to return reserves to appropriate levels, while preserving the integrity of the existing regulatory framework. The measure forms part of a broader package of amendments to AICIS fees and charges, with changes to registration fee and other fee for services for the 2026-27 registration year being implemented separately through amendments to the Industrial Chemicals (Fees and Charges) Amendment (Application Fees) Rules.

 

 

Authority

 

Section 13 of the Industrial Chemicals Charges (Excise) Act 2019 provides that the GovernorGeneral may make regulations prescribing matters required or permitted by that Act, or necessary or convenient for carrying out or giving effect to the Act.

 

Subsection 33(3) of the Acts Interpretation Act 1901 provides that the power to make an instrument includes the power to amend or vary that instrument in the same manner.

The Amendment Regulations are made under these provisions.

 

 

Commencement

The sections 1 to 4 of Schedule 1, Part 1 of the Amendment Regulations commence on the day after they are registered on the Federal Register of Legislation. Schedule 1, Part 2 commences on 1 July 2027.

 

 

Consultation

AICIS published a consultation paper on 10 April 2026 on the proposed fees and charges for 2026-27. Eight submissions were received, including three from industry associations representing businesses from industrial chemicals sector and five from individual businesses (introducers). All stakeholder submissions supported the proposed temporary one-off 90% reduction to the registration levy charges in 2026-27. Some stakeholders raised concerns about reinstating pre-2026-27 charges in 2027-28. Some stakeholders also raised concerns about aspects of the levy design, including the introduction value calculation method and the effect of inflation on movement between registration level thresholds. A summary of stakeholder feedback, and AICIS’s responses, is set out in the AICIS Cost Recovery Implementation Statement (CRIS) 2026–27.  

 

 

General

The Amendment Regulations are a legislative instrument for the purposes of the Legislation Act 2003.

 

Details of the Amendment Regulations are set out in Attachment A and explains the purpose and effect of these amendments.

 

The Amendment Regulations are compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. A statement of compatibility with human rights is set out in Attachment B.

 


       ATTACHMENT A

 

Details of the Industrial Chemicals Charges (Excise) Amendment (2026 Measures No. 1) Regulations 2026

 

Section 1 - Name

 

This section provides that the name of the instrument is the Industrial Chemicals Charges (Excise) Amendment (2026 Measures No. 1) Regulations 2026 (the Amendment Regulations).

 

Section 2 - Commencement

 

This section provides that the sections 1 to 4, Schedule 1, Part 1 of the Amendment Regulations commence the day after the Amendment Regulations are registered on the Federal Register of Legislation and Schedule 1, Part 2 commences on 1 July 2027.

 

Section 3 - Authority

 

This section provides that the Amendment Regulations are made under the Industrial Chemicals Charges (Excise) Act 2019.

 

Section 4 - Schedules

 

This section provides that each instrument specified in a Schedule to the Amendment Regulations is amended or repealed as set out in the applicable Schedule.

 

Schedule 1 – Amendments commencing the day after registration of the instrument

 

Schedule 1 amends subsection 5(2) of the Principal Regulations to provide reduced registration charges for the registration year beginning on 1 September 2026.

 

The amendments apply a 90% reduction to existing registration charges while retaining the current registration level structure.

 

The reduced charges for 2026-27 registration year are:

Registration level (prior year introduction value)

Charge ($)

$0 – $49,999

Nil

$50,000 – $99,999

10

$100,000 – $249,999

20

$250,000 – $499,999

35

$500,000 – $2,999,999

210

$3,000,000 – $4,999,999

375

$5,000,000 – $14,999,999

2,450

$15,000,000 or more

3,500

 

These reduced charges apply only for the 2026–27 registration year.

 

 

 

Schedule 1, Part 2 – Amendments commencing on 1 July 2027  

 

For the registration year beginning on 1 September 2027, registration charges amounts return to their preexisting (2025-26) levels. 

 

The restored charges for the 2027-28 registration year will be: 

Registration level (prior year introduction value)

Charge ($)

$0 – $49,999

Nil

$50,000 – $99,999

$65

$100,000 – $249,999

$180

$250,000 – $499,999

$350

$500,000 – $2,999,999

$2,100

$3,000,000 – $4,999,999

$3,750

$5,000,000 – $14,999,999

$24,500

$15,000,000 or more

$35,000

 

The Amendment Regulations include application provisions to clarify that:

  • the reduced charges apply only to the registration year beginning on 1 September 2026; and
  • the restored charge settings apply to registration years beginning on or after 1 September 2027. 

 

The amendments do not affect:

  • the requirement to register under AICIS;
  • the method for calculating introduction value; or
  • the structure or number of registration levels

 


 

ATTACHMENT B

 

Statement of Compatibility with Human Rights

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

Overview of the Amendment Regulations

The Amendment Regulations amend the Industrial Chemicals (Charges) Regulations 2020 (the Principal Regulations) to update charges for the 2026-27 registration year.

The amendments reduce the registration charges from the day after registration of the amending instrument.

 

Human rights implications

The Amendment Regulations amend charges and do not otherwise change the operation of the Principal Regulations.

The reduction in charges do not engage rights such as the right to health in Article 12(1) of the International Covenant on Economic, Social and Cultural Rights. The charges are regulatory in nature, are set consistently with cost recovery principles, and are necessary to ensure the sustainable operation of the national industrial chemicals' regulatory framework.

The reduction in charges do not restrict access to essential goods or services and apply uniformly to regulated entities. Accordingly, the amendments are reasonable, necessary and proportionate.

 

Conclusion

The Amendment Regulations are compatible with human rights as they do not raise any human rights issues.

 

 

The Hon Rebecca White MP

 

Assistant Minister for Health and Aged Care

 

Overview

The Industrial Chemicals Charges (Excise) Amendment (2026 Measures No. 1) Regulations 2026 (Amendment Regulations) were enacted to address the issue of surplus funds accumulated in the Industrial Chemicals Special Account under the Australian Industrial Chemicals Introduction Scheme (AICIS). This was achieved by implementing a temporary, one-off 90% reduction in registration charges for the 2026–27 registration year, aiming to reduce the surplus while maintaining the scheme’s long-term sustainability. The Amendment Regulations were introduced by the Australian Government, specifically by the Assistant Minister for Health and Aged Care, under the authority granted by the Industrial Chemicals Charges (Excise) Act 2019. The policy objective of these amendments is to adjust the financial burden on introducers of industrial chemicals temporarily, without altering the existing regulatory framework or the method of calculating introduction values. The Amendment Regulations clarify that the reduced registration charges apply exclusively to the 2026–27 registration year, after which the charges will revert to their pre-existing levels as of 1 September 2027. The regulations also affirm that the existing eight-level registration structure and the calculation method for introduction values remain unchanged. This administrative and time-limited measure ensures that the integrity and operational aspects of the AICIS scheme are preserved, focusing solely on addressing the surplus funds issue. The amendments were subject to consultation with stakeholders, all of whom supported the proposed reduction, albeit with some concerns regarding the reversion of charges in subsequent years and other aspects of the levy design.

Scope and Application

The Industrial Chemicals Charges (Excise) Amendment (2026 Measures No. 1) Regulations 2026 apply to entities involved in the introduction of industrial chemicals in Australia, specifically those required to register under the Australian Industrial Chemicals Introduction Scheme (AICIS). This encompasses all introducers of industrial chemicals who import or manufacture such chemicals within Australia. The regulations provide for a temporary 90% reduction in registration charges for the 2026–27 registration year, while ensuring that the charges revert to their pre-existing levels for the 2027-28 registration year. The Amendment Regulations do not alter the existing 8-level registration structure, the method of calculating introduction values, or any other operational aspects of the AICIS scheme. These amendments are designed to address surplus funds in the Industrial Chemicals Special Account while maintaining the scheme's long-term sustainability. The regulations are applicable nationally across Australia and are intended to manage the financial aspects of the AICIS without impacting its regulatory framework.

Key Provisions

The Industrial Chemicals Charges (Excise) Amendment (2026 Measures No. 1) Regulations 2026 (the Amendment Regulations) bring about a temporary, one-off 90% reduction in registration charges for the 2026–27 registration year, as outlined in Section 1 and Schedule 1 of the Amendment Regulations. This temporary measure is designed to address the accumulated surplus in the Industrial Chemicals Special Account without disrupting the operational aspects of the Australian Industrial Chemicals Introduction Scheme (AICIS). For the registration year beginning on 1 September 2026, the reduced charges apply across all existing registration levels, with Level 1 registrants continuing to pay no charge. This reduction is clearly specified in Section 2 and Schedule 1, Part 1 of the Amendment Regulations. The Amendment Regulations impose specific obligations on entities required to register under the AICIS. These obligations include the payment of registration charges according to the amended rates for the 2026–27 registration year. The regulations specify that the reduced charges apply only to the registration year beginning on 1 September 2026, as detailed in Section 2 and Schedule 1, Part 1 of the Amendment Regulations. Additionally, entities must continue to comply with all other requirements of the AICIS, including the registration process and the calculation of introduction values, which are not altered by these amendments. The Amendment Regulations do not introduce new offences or penalties but rely on the existing framework of the Industrial Chemicals Charges (Excise) Act 2019 (IC Charges Act) for enforcement. Any failure to comply with the amended registration charge requirements could potentially lead to enforcement actions under the IC Charges Act, although specific penalties are not outlined in the Amendment Regulations. The regulation’s focus is on the temporary nature of the charge reduction and the return to pre-existing charge settings for the 2027-28 registration year, as indicated in Section 2 and Schedule 1, Part 2 of the Amendment Regulations.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.