G/LIC/N/3/AUS/15  
 
30 September 2022  
(22-7393) Page: 1/78 
Committee on Import Licensing  Original: English  
 
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1 
NOTIFICATION UNDER ARTICLE 7.3 OF THE AGREEMENT  
ON IMPORT LICENSING PROCEDURES (202 2) 
AUSTRALIA  
The following communication, dated 28 September 2022, is being circulated at the request of the 
delegation of Australia.  
 
_______________  
 
 
Table of contents  
 
1   ANIMALS (INCLUDING BIRDS, MARINE ANIMALS AND INSECTS) AND ANIMAL 
PRODUCTS, PLANTS AND GOODS OF GENERAL QUARANTINE CONCERN  .........................  2 
2   ANZAC GOODS  ................................ ................................ ................................ ............  5 
3   ASBESTOS  ................................ ................................ ................................ ..................  7 
4   CAT AND DOG FUR PRODUCTS  ................................ ................................ ..................  10 
5   CHEESE, CERTAIN TYPES  ................................ ................................ ..........................  11 
6   CHEMICAL WEAPONS, CHEMICALS AND THEIR PRECURSORS  ................................ ... 14 
7   COUNTERFEIT CREDIT CARDS  ................................ ................................ ..................  17 
8   DOG COLLAR – PROTRUSION  ................................ ................................ ...................  18 
9   FLAGS, ARMS AND SEALS  ................................ ................................ .........................  19 
10   GENETICALLY MODIFIED ORGANISMS  ................................ ................................ ... 22 
11   HAZARDOUS GOODS  ................................ ................................ ...............................  25 
12   HAZARDOUS WASTE  ................................ ................................ ...............................  27 
13   ICE PIPES  ................................ ................................ ................................ ...............  30 
14   IMPORTS TO ANTARCTICA  ................................ ................................ .....................  32 
15   IMPORTS TO TERRITORY OF HEARD ISLANDS AND MCDONALD ISLANDS  ..............  34 
16   INDUSTRIAL CHEMICALS  ................................ ................................ .......................  35 
17   ROAD VEHICLES  ................................ ................................ ................................ ..... 38 
18   NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED CHEMICALS  ........  42 
19   OBJECTIONABLE GOODS  ................................ ................................ ........................  44 
20   ORGANOCHLORINE CHEMICALS  ................................ ................................ .............  47 
21   OZONE -DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE GASES  ...............  48 
 
1 See document G/LIC/3, Annex, for the Questionnaire.  G/LIC/N/3/AUS/15  
 
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  22   PLASTIC EXPLOSIVES ................................ ................................ .............................  52 
23   RADIOACTIVE SUBSTANCES  ................................ ................................ ...................  55 
24   ROUGH DIAMONDS  ................................ ................................ ................................ . 57 
25   SECURITY SENSITIVE AMMONIUM NITRATE  ................................ ..........................  59 
26   TABLET PRESSES AND ENCAPSULATORS  ................................ ................................  61 
27   THERAPEUTIC SUBSTANCES AND GOODS  ................................ ...............................  63 
28   TOBACCO PRODUCTS  ................................ ................................ ..............................  65 
29   UNMANUFACTURED TOBACCO LEAF  ................................ ................................ ........  67 
30   VIABLE MATERIAL DERIVED FROM HUMAN EMBRYO CLONES  ................................  70 
31   WEAPONS AND CROWD CONTROL GOODS  ................................ ..............................  72 
32   WOOLPACKS  ................................ ................................ ................................ ...........  74 
33   ELEMENTAL MERCURY  ................................ ................................ ............................  76 
 
1  ANIMALS (INCLUDING BIRDS, MARINE ANIMALS AND INSECTS) AND ANIMAL 
PRODUCTS, PLANTS AND GOODS OF GENERAL QUARANTINE CONCERN  
Outline of System  
1. The Environment Protection and Biodiversity Conservation Act 1999  (EPBC Act) regulates 
international trade in Australian native species, live animals and plants, and species listed under the 
Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).  
The Biosecurity Act 2015 (Biosecurity Act) applies controls to the importation of all plants, parts of 
plants and plant products, all animals (including birds, marine animals and insects), animal products, 
soil and other items of general quarantine concern.  
Sections of the Cu stoms (Prohibited Imports) Regulations 1956 (PI Regulations) control the 
importation of some animals and plants.  
Purposes and coverage of licensing  
2. Apart from exports, the EPBC Act regulates:  
• the import of all live animals and plants, including marine a nimals;  
• the import of non -live animal and plant specimens, including parts and derivatives, of species 
listed under CITES.  
The purpose of Australia's biosecurity legislation is to manage the risk of introduction of pests and 
disease that could damage plant , animal or human health or the environ ment. Australia's biosecurity 
legislation applies to the importation of all plants, animals and their products and derivatives.  
The PI Regulations  control the importations of fish caught by foreign -based fishing vesse ls and 
Patagonian and Antarctic toothfish. The Regulations also control the import of raw tobacco and 
certain plant material containing drugs.  
3. These systems apply to the importation of goods from all countries.  
4. The EPBC Act seeks to implement Austral ia's obligations under CITES, by regulating international 
trade in wildlife and wildlife products, to contribute to the protection and conservation of species 
that are endangered, or could become endangered, and to facilitate legal, sustainable trade in 
wildlife. The EPBC Act is not intended to restrict the quantity or value of imports.  
The biosecurity legislation is not intended to restrict the quantity or value of imports but to manage 
the risk of introduction of exotic pests and diseases associated with importation for the purpose of G/LIC/N/3/AUS/15  
 
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  protecting plant, animal and human health and the environment. The legislation also seeks to protect 
the Australian environment against further establishment of pest species of plants and animals by 
controlling the importatio n of certain live plants, animals and other biological material.  
5. The controls on the importation of goods specified in this category are statutory requirements 
under the following legislation:  
• Environment Protection and Biodiversity Conservation Act 1999 ; 
• Environment Protection and Biodiversity Conservation Regulati ons 2000 ; 
• Biosecurity Act 2015 ; 
• Customs (Prohibited Imports) Regulations 1956 ; 
 
The Department of Agriculture, Fisheries and Forestry (DAFF)  is responsible for administration of the 
EPBC Act and for administration of animal and plant biosecurity legislation. The Department of Home 
Affairs is responsible for administration of the PI Regulations.  
The legislation does not allow for administrative discretion regarding goods/items subject to import 
controls. It is not possible for the Government or executive branch to abolish the systems without 
legislative approval.  
Procedures  
6. Not appli cable.  
7.(a) Applications should be made well in advance of arrival of the goods to allow time for the 
application to be assessed against the legislation and the relevant import policy. Under the 
EPBC Act, once a permit application is received, there is a 40-business day statutory timeframe 
in which a decision regarding the application must be made. Not all goods require an import 
permit and clearance to import can be given at the point of entry provided the import 
conditions have been met. The Biosecurity Act does not prescribe a specific period of notice 
required but does note that relevant regulations may prescribe different requirements for 
notices for different classes of goods.  
(b) In the case of most importations in this category it will not be possible for permission to be 
issued immediately on request.  
(c) No, permits may be issued at any period of the year.  
(d) Applications for permission to import most animals, animal products, plants and plant 
products into Australia involve an approach to a  single agency – the DAFF.  
8. An application to the DAFF for an import permit may only be refused under the ordinary criteria 
for such applications. Reasons for refusal will be advised. There are legislated structures in place 
that allow applicants to req uest a review of a decision to refuse to grant an import permit.  
For permit decisions under the EPBC Act, applicants may appeal on the merits of the decision to the 
Administrative Appeals Tribunal (AAT). Alternatively, an appeal may be made on the 
decision -making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
The Biosecurity Act provides the DAFF with an option to apply a fit and proper person test to import 
permit applicants and t heir associates. The test supports the trust placed on importers who are 
granted import permits. Not all permit applicants will be subject to a fit and proper person test - this 
test will only be used at the DAFF's discretion.  
9.(a) Not applicable  
(b) All Australian persons, firms and institutions are eligible to apply for permission to import.  G/LIC/N/3/AUS/15  
 
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  Documentation and other requirements for application for licence  
10. Applications for permission to import must be made electronically for all commodities through 
the DAFF BICON system. Conditions for imports into the Australian external territories of Norfolk 
Island, Christmas Island and the Cocos (Keeling) Islands are not contained in BICON. For information 
about all imports into these Australian external Territorie s, please visit 
http://www.agriculture.gov.au/import/goods/external -territories . 
Importers should consult the BICON database  to determine if a commodity intended for import to 
Australia needs an import permit and/or treatment or if there are any other biosecurity prerequisites. 
Permits must be obtained prior to importation and are required on importation. Applications for 
permits may be lodged electronically ( https://bicon.agriculture.gov.au/BiconWeb4.0 ). Other 
documentation required is dependent on the type of commodity and the import conditions of the 
permit or as listed on the BICON database. For the import of CITES listed specimens, both CITES 
export and import permits are generally required upon importation. The import of live specimens 
may also require an import permit.  
Where the importation of the item is listed under CITES, applications for permission to import m ust 
be made electronically to the Minister for the Environment. The link to the application form can be 
found at: https://onlineservices.environment.gov.au/ . 
11. Where the importation of the item comes under the jurisdiction of the Department of Agriculture, 
Water and the Environment, an Australian import permit is required unless the specimens are 
considered to be personal and household effects, or they are pr e-CITES and non-live. In most cases 
of CITES -listed specimens, CITES documentation from the country of export is required. Original 
documents must travel with the goods.  
12. Information on fees and charges may be found at: http://www.agriculture.gov.au/fees  and 
https://www.dcceew.gov.au/environment/wildlife -trade/permits/fees .  
13. There is no deposit or advance payment requirement associated with the issue of licenses, 
although assessment fees apply for most DAFF permit applications. An application (processing) and 
assessment fee for a DAFF permit is charged automatically when a  permit application is accepted, 
regardless of whether or not the permit is issued.  
Conditions of licensing  
14. The period of validity of a permit depends on the nature of the importation: specific details to 
be supplied on enquiry. Legislation will norma lly not allow for continuing permission. Individual 
assessments of permit applications will determine the appropriate validity period, which is generally 
one or two years for biosecurity permits. From time to time, a permit will be issued with a different 
validity, such as short -term importation of artefacts for a museum exhibition. CITES permits are 
valid for up to six months. The period of validity cannot be extended.  
15. There is no penalty for the non -utilisation of a permit or a portion of a permit.  
16. Biosecurity import permits are not transferrable between importers. Permits issued under the 
EPBC Act may be transferred under very limited circumstances.  
17. Biosecurity import permits often have end use restrictions placed on the goods (e.g., for human  
consumption only) and/or types of treatments they have to undergo prior to or after the goods arrive 
in Australia (e.g., product has been heat treated at 100 degrees  Celsius for 30 minutes).  
(a)  Not applicable.  
(b)  Conditions may be applied in respect o f such issues as custody, end use, disposal or 
distribution of imported goods as well as pre -export treatment, testing, certification or  
on-arrival treatment or quarantine.  G/LIC/N/3/AUS/15  
 
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  Other procedural requirements  
18. No.  
19. Not applicable.  
2  ANZAC GOODS  
Outline of S ystem  
1. Importation into Australia of goods the description of which includes or bears the word "Anzac", 
or advertising matter relating to those goods, is controlled by the Customs (Prohibited Imports) 
Regulations 1956 (PI Regulations) and is prohibited e xcept with the written permission of the 
Minister for Veterans' Affairs (the Minister) or an authorised officer.  
A person making an application to import "Anzac" goods under the PI Regulations will also need to 
apply to use the word "Anzac" under the Protection of Word "Anzac" Regulations (Anzac 
Regulations ). 
The Department of Veterans' Affairs (DVA) issues the Use of the Word 'Anzac' Guidelines (the 
Guidelines) to help Australians comply with the legal restrictions on the use of the word 'Anzac'.  
For more information about use of the word 'Anzac', visit Protecting the word Anzac , or contact: 
usewordanzac@dva.gov.au . 
Purposes and coverage of licensing  
2. Lic ensing system maintained, and products covered include: the Anzac Regulations and the PI 
Regulations.  
The purpose of Regulation 4V of the PI Regulations is to prohibit the importation of all goods into 
Australia that include or bear the word "Anzac", unles s: the person importing the goods is the holder 
of a written permit granted by the Minister or an authorised officer; and the permit is produced at 
or before the time of importation. The Minister or an authorised officer may specify conditions or 
requireme nts to be complied with by the holder of the permission or permit to import "Anzac" goods, 
and may, for any such condition or requirement, specify a time period before the permission expires. 
The Minister or an authorised officer may revoke permission wher e the conditions of the permit are 
not met.  
In certain circumstances, providing the goods obtain approval status, importers are able to obtain 
retrospective import approval after the goods have arrived in Australia. However, if the "Anzac" 
goods in questio n do not receive ministerial approval they may be detained or seized by the 
Australian  Border Force (ABF).  
3. The regulation applies to the importation of goods from all countries.  
4. The PI Regulations are not intended to restrict the quantity or value of  imports. The PI Regulations, 
in conjunction with the Anzac Regulations, seek to protect the inappropriate use and commercial 
exploitation of the word "Anzac" and to protect the significance of the word.  
5. The controls on the importation of "Anzac" goods are statutory requirements and cannot be 
abolished without legislative approval.  There are two regulations under which the word "Anzac" is 
protected in Australia : Protection of Word "Anzac"  Regulations (Anzac Regulations)  and Customs 
(Prohibited Imports) Regulations 1956 (PI Regulations)  
Procedures  
6. Not applicable.  G/LIC/N/3/AUS/15  
 
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  7.(a)  An application for the importation of "Anzac" goods into Australia should be made well in 
advance of the arrival of the goods. Permit applications may take up to four weeks for the 
process to be completed and to be notified of an outcome.  On rare occasions  this may increase 
beyond four weeks, particularly around peak times leading up to Anzac Day or because of the 
checks made on the individual or company applying to import the "Anzac" goods. Checks are 
also undertaken on the nature of the goods and their in tended use.  
The importation of "Anzac" goods is prohibited without written approval from the Minister or 
an authorised officer. Goods that arrive into port without ministerial approval may be detained 
or seized by the ABF.  
In addition to the PI Regulations , the Anzac Regulations prohibit the use of the word "Anzac" 
or any word resembling the word "Anzac" in connection with any trade, business, calling, or 
profession without the Minister or an authorised officer's written approval. Persons applying 
to import  "Anzac" goods may also re quire written consent to use the said "Anzac" goods under 
the Anzac Regulations.  
(b) A permit cannot be granted immediately on request as certain conditions must be fulfilled. 
Processing and assessing applications includes extensi ve checks and the preparation of a brief 
for the Minister's consideration and decision.  
(c) Applications can be made at any time of the year.  
(d) The DVA issues permits for the importation of "Anzac" goods in accordance with Regulation 
4V of the PI Regulat ions, and Permission to Use Word "Anzac" in accordance with the Anzac 
Regulations. When considering permit applications, other authorities may be contacted by the 
DVA to verify application details.  
8. An application for a permit may be refused if: the Mini ster considers that approving the application 
would cause offence; use of the word "Anzac" on the imported goods is inappropriate; the application 
does not fall within the intent of the Regulations , e.g., the use of the word "Anzac" on an 
inappropriate product; the applicant is not considered fit and proper; or further permission is 
required but  has not been obtained. A permit may be revoked if the applicant fails to comply with 
the conditions of the permit.  
An unsuccessful applicant is advised in writing of the Minister's decision and the reason for it. There 
are no appeal provisions under the Regulations; however, the Minister will consider a request for 
reconsideration if the applicant is able to provide new information in support o f their application. In 
addition, an appeal may be made on the decision -making process itself under the Administrative 
Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Any person, firm or institution is eligible to apply to the Minister to import "Anzac" goods.  
(b) Not applicable  
Documentation and other requirements for application for licence  
10. An application can be submitted using form D9363 Application for Approval to use the word 
"Anzac " available on the DVA we bsite. Every application is considered on its individual merits and if 
additional information is required the applicant will be contacted.  
Applications should include, but are not restricted to:  
• name of the applicant/importer (person and organisation);  
• name and address of registered company/premises;  
• nature of the business and purpose of the proposed "Anzac" goods;  
• a current copy of the company Australian Business Number (ABN) or Australian Company 
Number (ACN) registration;  
• product description, full colour  copy of item and text;  G/LIC/N/3/AUS/15  
 
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  • letters of support from the ex -service community;  
• proposed date of import;  
• the duration permit is required; and  
• where applicable, the name of the end user and the use of the end goods.  
11. The signed permit is required at the time of importation.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing  
14. The period of the import permit is specified in the permi t issued to the applicant and is based on 
the requirements of each application. Unless otherwise noted, an import permit is required for every 
delivery.  
The period of an existing permit cannot be extended, but a new permit may be issued upon request 
to the  Minister.  
15. There is no penalty for the non -utilisation of a license or a portion of a license.  
16. Permits/licences are not transferable between importers.  
17.(a) Not applicable . 
(b)  Not applicable.   
Other procedural requirements  
18. No.  
19. Not appl icable.  
3  ASBESTOS  
Outline of System  
1.  Under the Customs (Prohibited Imports) Regulations 1956 (PI Regulations), the importation of 
asbestos, or goods containing asbestos, is subject to prohibition. The regulations empower the Work 
Health and Safety Minister (the WHS Minister) administering the  Work Health and Safety Act  2011 
(WHS Act) to grant permission to import asbestos in certain circumstances.  
Purposes and coverage of licensing  
2.  Under the PI Regulations, the importation of asbestos, or goods containing asbestos, is prohibited 
unless:  
(a) The asbestos or goods containing asbestos are hazardous waste as defined in Section 4 of the 
Hazardous Waste (Regulation of Exports and Imports) Act 1989  (HW Act). Goods of this type 
must be imported in accordance with the provisions of the HW Act;  
(b) The goods are raw materials containing naturally occurring traces of asbestos; or  
(c) Permission has been granted by the WHS Minister for one or more of the following purposes:  
i)  in any case: research, analysis or display;  
ii)  if the importation is fr om and Australian external Territory: disposal in a mainland State 
or Territory; or  G/LIC/N/3/AUS/15  
 
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  (d) A confirmation from an authority of an Australian State or Territory is in force stating that the 
proposed use of the asbestos or goods is research, analysis or displa y in accordance with WHS 
laws of that State or Territory; or  
(e) The importation is of a ship or resources installation and all of the following apply:  
i)  of at least 150 gross tonnage as shown on the International Tonnage Certificate;  
ii)  the asbestos w as installed or affixed before 1 January 2005;  
iii)  the asbestos in the ship or resources installation will not be a risk to any person unless 
it is disturbed.  
Asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or 
amphibole groups of rock forming minerals including the following:  
(a)  actinolite asbestos;  
(b)   grunerite (or amosite) asbestos (brown);  
(c)   anthophyllite asbestos;  
(d)   chrysotile asbestos (white);  
(e)   crocidolite asbestos (blue);  
(f)   tremolite as bestos;  
(g)   a mixture that contains one or more of the minerals referred to in paragraphs (a) to (f).  
 
3. The regulations apply to the importation of goods from all countries.  
4. The importation of all forms of asbestos is regulated as a community and wo rkplace safety 
measure. The importation of asbestos is subject to prohibition to reduce and prevent occupational 
and environmental exposures to asbestos fibres, and the possible adverse health outcomes 
attributed to these exposures. In addition to the proh ibition of the importation of asbestos, the use 
of asbestos is prohibited in all Australian state, territory and Commonwealth work health and safety 
regulations. The import prohibition applies to all goods that contain asbestos regardless of their 
value.  
5. The control on importation of asbestos and goods containing asbestos is a statutory requirement 
under Regulation 4C of the PI Regulations made under the Customs Act 1901 . The system cannot 
be abolished without legislative approval.   
Procedures  
6. Not applicable.  
7.(a)  Permission to import must be obtained before shipment to Australia.  
(b) A request for permission to import asbestos can be made at any time by writing to the Minister 
administering the WHS Act, or to the CEO of the Asbestos Safety and Er adication Agency who 
is authorised by Ministerial instrument to grant permission in some instances. Upon 
consideration of the request, the Minister or authorised person will reply to the applicant.  
(c) Permission to import may be granted at any period of t he year.  
(d) Consideration of licence applications is effected by the Asbestos Safety and Eradication Agency  
(the Agency) . The Agency consults with the  Department of Employment and Workplace 
Relations (DEWR) , which has responsibility for the WHS Act.  The W HS Minister is briefed by 
the Agency or the DEWR  in relation to applications that are complex or not routine in nature. 
Otherwise, the delegated decision maker is the CEO of the Agency . Permission to import may 
be granted for a one -off import or for an ong oing period, as decided by the WHS Minister or 
CEO of the Agency  
8. Applications for permission to import asbestos are risk -assessed on a case -by-case basis. The act 
of applying for permission does not guarantee permission will be granted.  G/LIC/N/3/AUS/15  
 
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  There are no specific appeal provisions in relation to asbestos available under the PI Regulations. 
However, an appeal may be made on the decision -making process itself under the Administrative 
Decisions (Judicial Review) Act 1977 . 
Eligibility of importers  to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import asbestos.  
Documentation and other requirements for application for licence  
10. For permission to import, applications must be  made in writing to the WHS Minister or to the 
CEO of the Agency. The application should include the following information:  
• importer's name, address and phone number, as well as those details for a representative;  
• details of the asbestos or goods containin g asbestos to be imported including the reason or 
purpose for the importation, where the asbestos or goods containing asbestos are to be 
imported from, and the amount of asbestos intended to be imported;  
• details of the procedures to be used to package, lab el, handle, transport and dispose of the 
goods, including whether they are compliant with relevant laws;  
• where applicable – evidence that a laboratory where research will be undertaken has 
appropriate accreditation.  
• where applicable – that relevant WHS reg ulator approval has been obtained,  
• an assurance the applicant will comply with relevant Commonwealth and State/territory 
legislation relating to the use, handling, transport, and disposal of asbestos.  
Relevant information for applicants is available at the  website of the Asbestos Safety and Eradication 
Agency (Australian Government) . 
11. The import permission of the relevant Minister or authorised person is to be available for 
presentation to the ABF at the  point of importation. Asbestos must be declared as present in the 
goods when lodging the import entry.  
12. No.  
13. No.  
Conditions of licensing  
14. The WHS Minister and authorised person (CEO of the Agency) have discretion as to the period 
of validity of a  permission . Import permissions are single use or they may be for ongoing use for a 
period specified in the permission letter, depending on the applicant's requirements.  
15.  Not applicable.  
16.  Not transferable.  
17.(a)Not applicable.  
(b)  The WHS Minister or authorised person may only grant permission to import asbestos:  
- in any case, for the purpose of research, analysis or display, or  
- in the case of (Australian) external territories, for disposal on the mainland.  
Permission to import a sbestos is granted conditional on it only being for one or more of these 
purposes, as specified in the permission letter. The WHS Minister or authorised person has discretion 
to attach other conditions, such as compliance with relevant laws in relation to asbestos.  G/LIC/N/3/AUS/15  
 
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  Conditions are to ensure compliance with the asbestos border control and to reduce the risk of 
exposure of asbestos fibres to humans from the asbestos in the goods.  
Other procedural requirements  
18. In some states a person is required to seek per mission to use asbestos from the relevant WHS 
regulator. It is a requirement that permission be sought prior to the granting of import permission.  
19. Not applicable.  
4  CAT AND DOG FUR PRODUCTS  
Outline of System  
1. The importation of cat and dog fur and good s made from or using cat or dog fur is prohibited 
under provisions of the Customs Act 1901 (Customs Act) and the Customs (Prohibited Imports) 
Regulations 1956 (PI Regulations) unless the permission of the Minister for Home Affairs, or an 
authorised person,  has been obtained.  
Purposes and coverage of licensing  
2. The goods covered by this control include raw, tanned or processed furs or pelts, and goods that 
may contain such fur, that are derived from the cat and dog species listed below. These species are 
more commonly referred to as domestic cat and dog breeds.  
• Cat fur - the pelt or hair of an animal of the species Felis catus;  
• Dog fur - the pelt or hair of an animal of the species Canis familiaris;  
• Cat or dog fur product - a product or other thing that consists, wholly or partly, of cat or dog 
fur. 
The relevant Harmonised Commodity Description and Coding System tariff numbers include various 
lines, but are not limited to; 4103.90, 4301.80, 4301.90, 4302.19, 4302.20, 4302.30, 4303.10 and 
4303.90.  
3. The s ystem applies to importations from all countries.  
4. The PI Regulations are not intended to restrict the quantity or value of imports. The importation 
of cat and dog fur products is regulated in response to animal welfare concerns.  
5. The control on the sp ecified goods is a statutory requirement under Regulation 4W of the PI 
Regulations made under the Customs Act . The control cannot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.  
7.(a) Application should be made in advance of arriva l of the goods. Import permission can be 
considered for goods which have inadvertently arrived in Australia.  
(b) No. 
(c) No. 
(d) Permissions are granted by the Minister for Home Affairs or an authorised person. Importers 
may also need to approach the Depar tment of Agriculture , Fisheries and Forestry  for 
permission to import cat or dog fur or products thereof.  
8. Apart from statutory or ordinary requirements there are no other criteria. Reasons for refusal are 
given to applicants. Applicants refused permissi on to import may appeal on the merits of the decision G/LIC/N/3/AUS/15  
 
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  to the Administrative Appeals Tribunal. Alternatively, an appeal may be made on the  
decision -making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importer s to apply for licence  
9. All persons, firms and institutions are eligible to apply.  
Documentation and other requirements for application for licence  
10. Applications must be made in writing to the Minister for Home Affairs or an authorised person. 
The app lication should include the following information: importer's name and address; and details 
of the goods to be imported.  
11. The original permission from the Minister for Home Affairs or authorised person is required to 
be produced upon importation.  
12. Th ere is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing  
14. The Minister for Home Affairs may specify a time period for the validity of the perm ission.  
15. There is no penalty for the non -utilisation of a license or a portion of a license.  
16. Permits/licences are not transferable between importers.  
17. Conditions may be imposed on the permit. Quantitative limits, where appropriate, are specified 
as conditions.  
Other procedural requirements  
18. No.  
19. Not applicable.  
5  CHEESE, CERTAIN TYPES  
Outline of System  
1. Australia administers a tariff quota on imports of certain types of cheese and curd. Under the 
Cheese and Curd Quota Scheme the tariff quota applies to certain types of cheese and curd that can 
be imported at a concessional rate of duty ($0.096/kg) and is restricted to 11,500 tonnes per annum. 
Imports can be made outside the 11,500 -tonne quota allocated each year, but a higher rate of dut y 
($1.220/kg) applies.  
Purposes and coverage of licensing  
2. No licensing system is maintained for out -of-quota cheese imports. For in -quota cheese imports, 
individuals or companies which have historically imported dutiable cheese under quota are allocated  
a share of the tariff quota, allowing them to import a quantity of cheese at the concessional rate of 
duty. Individuals or companies who do not have a share of the tariff quota may still import cheese 
at the out -of-quota tariff rate. The products covered by the tariff quota are as follows:  G/LIC/N/3/AUS/15  
 
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  Number 0406  Product type  
Cheese and Curd  Rate of Duty  
0406.10  Fresh (un -ripened or uncured) cheese, including whey cheese, 
and curd  $A0.096/kg (a)  
$A1.220/kg (b)  
0406.20  Grated or powdered cheese, of all kinds  $A0.096/kg (a)  
$A1.220/kg (b)  
0406.30  Processed cheese, not grated or powdered  $A0.096/kg (a)  
$A1.220/kg (b)  
0406.40.10  Blue-veined cheese:  
 - Roquefort, Stilton  Free (c)  
 
0406.40.90  Blue-veined cheese:  
 - Other  $A0.096/kg (a)  
$A1.220/kg (b)  
0406.90.10  Other Cheese:  
 - Cheese, of the following types:  
  ● made wholly from goats' milk, other than feta or 
kasseri  
  ● surface -ripened soft, having:  
  ● a fat content in the dry matter of not less than 
50% by weight, and  
  ● a moisture content of not less than 65% by weight 
of the non -fatty matter  Free (c)  
 
0406.90.90  Other Cheese:  
 - Other  
  ● includes Cheddar, Colby, Edam, Gouda, Havarti, 
Parmesan, Kasseri, Mozzarella, Provolone, Feta  $A0.096/kg (a)  
$A1.220/kg (b)  
 
(a)   Rate for cheese imported within the tariff quota.  
(b)  Out of quota rate for cheese imported in excess of tariff quota amount.  
(c)   Not subject to the tariff quota. Included in table only to indicate coverage of residual tariff item 
("other").  
Note:  The rate for develop ing countries is as shown in the table above, less 5% of the customs value (fob 
price) of the product.  
3. The scheme applies to cheeses originating in and coming from all countries. the Scheme does not 
apply to cheese and curd products that are:  
 
• of Australian origin ( e.g., returned Australian goods);  
• of a preference country of origin ( e.g., under a Free Trade Agreement); or  
• subject to a free rate of duty under Schedule 3 of the Customs Tariff Act 1995 . 
4. The licensing system is used to administer th e tariff quota.  
5. The licensing system is maintained under the Customs Act 1901  (Customs Act)  and the Customs 
Tariff Act  1995. The system cannot be abolished without legislative approval.  
Procedures  
6.-I. The names of annual tariff quota holders and their  quota allocation are made public through 
publication in the Commonwealth of Australia Gazette.  
II. The size of the tariff quota is 11,500 tonnes per annum. The allocation of the tariff quota to 
individual importers occurs on an annual basis.  
III. Tariff quota allocations to individuals or companies are based on historical trade performance 
in the importation of cheese under quota. No tariff quota is allocated on the basis of domestic 
production of like product. Unused portions/amounts of the tariff  quota allocation are not 
added to the tariff quota for the following year.  
IV.-VI. Not applicable.  
VII. The Department of Agriculture, Fisheries and Forestry (DAFF) is responsible for the policy 
framework of the Scheme, with the  Australian Border Force (ABF) administer ing the scheme 
on behalf of the DAFF . G/LIC/N/3/AUS/15  
 
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  VIII. Tariff quotas are allocated to importers on the basis of historical trade performance involving 
quota usage. The allocations of the cheese and curd quota are made to importers in July each 
year base d on the actual usage of quota to import cheese and curd in the 23 months ending 
31 May of that same year. New importers are able to acquire tariff quota allocation on transfer 
from an existing holder of tariff quota.  
IX. Not applicable.  
X. Not applicable.  
XI. No. 
7. Not applicable.  
8. No circumstances exist for refusal to make an allocation beyond failure to meet the standard 
criteria.  
Allocations are made only in accordance with a Determination made in pursuance of Section 273B 
of the Customs Act , and pub lished documentation such as relevant Australian Customs  Notices  
issued by the ABF . Allocations of quota to new parties are enacted by transfer by use of an approved 
form.  
The fixed annual amount of quota available for distribution is allocated to existing  quota holders 
according to each quota holders' previous import history of use of quota in the 23 months ending 
31 May prior to the next financial year allocation. The scheme does not provide for direct applications 
for quota and does not have a licensing system as such.  
The ABF has no record of refusals to make an allocation.  
All decisions of an administrative nature are appealable on a case -by-case basis under the 
Administrative Decisions (Judicial Review) Act . 
Eligibility of importers to apply for licenc e 
9.(a) Only those firms that have a history of trade performance in importing cheese under quota 
are allocated a share in the tariff quota. The allocation of the tariff quota is made on the basis 
of historical trade performance. Firms are free to transfer  their tariff quota allocation.  
(b) Not applicable.  
Documentation and other requirements for application for licence  
10. Applications are not required. Eligible importers are advised of their entitlement based on the 
ABF records of import entries lodged during the preceding base period.  
11. No quota specific document is required on importation. Product is entered into Australia under 
quota by use of unique Tariff Quota Numbers and security codes on Customs import clearance 
documentation (electronic  or manual).  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing  
14. Twelve -month period with no extensions.  
15. There are no official  penalties for individuals or companies that do not utilise their allocation. 
However, since allocations are based on historical trading performance, future allocations may be 
reduced for individuals or companies that do not utilise their allocation.  G/LIC/N/3/AUS/15  
 
- 14 - 
 
  16. Tariff quota allocations can be transferred between individuals and companies without limitation. 
However, transfer transactions do not count as trade performance for the purpose of quota 
allocation.  
17.(a)  No. 
(b) No.  
Other procedural requirements  
18. No.  
19. Not applicable.  
6  CHEMICAL WEAPONS, CHEMICALS AND THEIR PRECURSORS  
Outline of System  
1. The importation into Australia of prescribed goods containing a chemical compound, or a chemical 
compound belonging to a group of compounds, men tioned in Part 2 or 3 of Schedule 11 of the 
Customs (Prohibited Imports) Regulations 1956 (PI Regulations), from a country that is not a State 
Party to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of 
Chemical Weapon s and on their Destruction ("Chemical Weapons Convention"),  is prohibited under 
Regulation 5J of the PI Regulations.  
The importation of prescribed goods containing a chemical compound, or a chemical compound 
belonging to a group of compounds, mentioned in  Part 2 or 3 of Schedule 11 of the PI Regulations 
from a country that is a State Party to the Chemical Weapons Convention or mentioned in Part 4 of 
Schedule 11 of the PI Regulations, is prohibited unless:  
• the Minister for Foreign Affairs  or an authorised p erson has given permission in writing to 
import the goods. The Minister  for Foreign Affairs  has authorised the positions of Director 
General and Assistant Secretary of Australian Safeguards and Non -Proliferation Office (ASNO) 
to grant permits; and  
• the permission is produced to the Australian Border (ABF) . 
These prohibitions do not apply to chemicals listed in Part 3 (except Items 1, 2 or 3) or Part 4 of 
Schedule 11 where they are in concentrations of less than 10% by weight of the goods, and there 
are no other Part 2, 3 or 4 chemical compounds in the goods. Such goods may be imported from 
both State Parties and non -State Parties without requiring a permit.  
Purposes and coverage of licensing  
2. Chemical compounds as mentioned in Part 2 or 3 of Schedul e 11 of the PI Regulations from a 
country that is a State Party to the Chemical Weapons Convention and all Part 4 chemicals are 
regulated by a permit system. A permit must be granted by the Minister for Foreign Affairs or an 
authorised person and produced to the ABF.  
3. The regulations apply to the importation of goods from all countries.  
4. The PI Regulations are not intended to restrict the quantity or value of imports. Australia is a 
Party to the Chemical Weapons Convention (CWC), and amongst other thing s, this treaty requires 
State Parties to declare trade in CWC -Scheduled chemicals, and to impose trade restrictions on 
transfers of the more toxic chemicals listed in Part 2 and 3 to non -State Parties. Since implementing 
the treaty in 1997, Australia has r egulated the Part 2 chemicals through use of permits. In 2000, 
the permit system was extended to apply to Part 3 and 4 chemicals in response to stricter CWC 
provisions relating to Part 3 transfers and because less formal means of controlling and tracking 
were assessed as inadequate.  
5. The control on importation of the specified goods is a statutory requirement under Regulation 5J 
of the PI Regulations made under the  Customs Act 1901  (Customs Act) but could  also be relevant G/LIC/N/3/AUS/15  
 
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  to the Chemical Weapons (Prohibit ion) Act 1994 . This restriction does not apply to goods that contain 
a chemical compound listed in Part 3 (except Items 1, 2 or 3) or Part 4 of Schedule 11 of the PI 
Regulations that is less than 10% by weight of the total and contain no other listed chemi cals. The 
system cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a) Application should be made in advance of arrival of the goods. There are two types of permits: 
permits for chemicals in Part 2 of Schedule 11 of the PI R egulations (Schedule 1 of the CWC) 
and permits for chemicals in Part 3 and Part 4 of Schedule 11 of the PI Regulations (Schedules 
2 and 3 of the CWC). Chemicals from Part 2 require 37 days' notice for importation which 
cannot be varied due to concomitant i nternational reporting requirements. However, the 
37-day advance notification requirement is waived for imports of saxitoxin in quantities of 
5mg or less for medical/diagnostic purposes provided that the goods contain no other chemical 
listed in Part 2 of Schedule 11 of the PI Regulations. Permits for chemicals listed in Part 3 a nd 
Part 4 of Schedule 11 require 7 days' notice, which can be reduced if necessary.  
(b) Permits cannot be issued immediately for chemicals under Part 2 except in the saxitoxin case 
described in paragraph 7(a). Part 3 and 4 chemical permits can be issued immediately where 
practical. There is also allowance for post -import permits to be issued immediately upon 
request under subdivision GC of the  Customs Act  where importation occurred i nadvertently 
without a permit.  
(c) Permits may be issued at any period of the year.  
(d) Permit applications are considered by a single administrative organ, namely ASNO as the 
permit issuing authority. However, ASNO consults with the ABF prior to issuing a n import 
permit to check whether there are any adverse findings for that company in relation to 
previous imports. Permits are issued by the Minister for Foreign Affairs or authorised persons 
(i.e., the Director General and Assistant Secretary of ASNO) .  Please note that ASNO then 
provides the ABF with the details of import permit holders for Part 3 and 4 chemicals, including 
the company name, all chemicals listed on their import permit, and the tariff classification 
code used by the importer.  
8. Application  for permission to import can be refused on the discretion of the Minister for Foreign 
Affairs. There is no right of appeal on the merits of the decision. However, an appeal may be made 
on the decision -making process itself under the Administrative Decisio ns (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import, however the 
chemicals from Parts 2 and 3 can only be imported from a country which is a State Party to 
the Chemical Weapons Convention (as listed on the Internet at https://www.opcw.org/about -
opcw/member -states ). Also, all of the prescribed chemical imports can only be used for 
purposes not prohibited by the CWC, as provided for under the Chemical Weapons 
(Prohibi tion) Act 1994 . 
Documentation and other requirements for application for licence  
10. For permission to import, applications must be made in writing to the relevant Minister or 
authorised person.  
Permits for chemicals in Part 2 of Schedule 11 of the Customs  (Prohibited Imports)  Regulations 1956 
(i.e. Schedule 1 of the CWC) . 
The permit is valid for a single shipment of the specified chemical. The following details must be 
included in the application:  G/LIC/N/3/AUS/15  
 
- 16 - 
 
  • importer's name, address, Australian Business Number and ot her contact details;  
• supplier's name and address;  
• country of export (this can only be another State Party) – the goods must be shipped directly; 
transhipment through another country is not allowed;  
• name, CAS number, quantity (gross and net) and percentage by weight, proposed use, tariff 
classification code and other descriptors of the chemical;  
• date of export from supplying country and expected import date;  
• end user's name, address and other contact details;  
• a description of security measures tha t will be taken to prevent unauthorised access to the 
chemical.  
Permits for chemicals in Part 3 and Part 4 of Schedule 11 of the Customs (Prohibited Imports) 
Regulations 1956 ( i.e., Schedules 2 & 3 of the CWC) . 
The permit is valid for multiple shipments of  multiple chemicals over a specified time, usually one 
year. The following details must be included in the application:  
• importer's name, address and other contact details;  
• importer's ABN;  
• names, CAS numbers. tariff classification c odes and percentage by we ight of the chemicals 
the importer is proposing to import;  
• exporting country;  
• a description of security measures that will be taken to prevent unauthorised access to the 
chemical.  
When required, ASNO can issue bespoke import permits covering Schedule 1, 2 and 3 chemicals to 
allow for the import of unknown samples from, or on behalf of, the Organisation for the Prohibition 
of Chemical Weapons.  
ASNO's secure online portal (available for existing import permit holders since 1 January 2015) 
allows for electron ic reporting and renewal of import permits.  
Companies that are importing chemicals for the first time must submit a completed import permit 
application form (available at http://www.dfat.gov.au \asno).  
Further in formation, including permit application and reporting forms, is available at:  
https://dfat.gov.au /about -us/publications/Pages/the -chemical -weapons -convention -information -
for-importers -and-exporters -of-chemicals -2014.aspx . 
11. Written permission of the Minister  for Foreign Affairs  or ASNO (i.e., the import permit) is required 
by the ABF at the time of import. Where Part 2 chemicals are imported, the importer must also notify 
ASNO of the actual arrival date within 30 days of shipment arrival in Australia.  
12. No.  
13. Not applicable.  
Conditions of licensing  
14. Permits for chemicals in Part 2 of Schedule 11 of the PI Regulations apply to one consignment 
only and are valid for up to twelve  months. A new application is required for each import.  
Permits for chemicals in Part 3 and 4 of S chedule 11 of the PI Regulations may be for multiple 
importations and are valid for up to twelve  months. Permits may be reissued on an annual basis on 
request, provided all permit conditions are met, including reporting annually to ASNO on actual 
quantitie s of chemicals imported. Permits may also be varied at any time.  
Bespoke import permits for samples send from, or on behalf of, the Organisation for the Prohibition 
of Chemical Weapons apply to one consignment only and are valid for up to twelve months. A new 
application is required for each import.  G/LIC/N/3/AUS/15  
 
- 17 - 
 
  15. No.  
16. No.  
17. A permission granted under Regulation 5J of the PI Regulations may specify conditions or 
requirements to be complied with by the holder of the permission. Permit requirements for chemicals 
in Parts 3 and 4 of Schedule 11 include the annual reporting of chemical shipments covered by the 
permit for the previous calendar year. If the holder of any permission fails to comply with a condition 
or requirement the Minister may revoke the p ermission.  
Other procedural requirements  
18. For Part 2 and 3 chemicals, the recipient facility will require an operational permit under the 
Chemical Weapons (Prohibition) Act 1994  (the Act) if certain activity thresholds for those chemicals 
are exceeded. However, the requirements for operational permits as specified under the Act are not 
linked to the timing of imports.  
19. Not applicable.  
7  COUNTERFEIT CREDIT CARDS  
Outline of System  
1.  The importation of counterfeit credit, debit or charge cards is prohibi ted under provisions of the 
Customs Act 1901 (Customs Act)  and the Customs (Prohibited Imports) Regulations 1956 (PI 
Regulations), unless the permission of the Minister administering the Australian Federal Police Act 
1979 – presently the Attorney General  – has been obtained.  
Purposes and coverage of licensing  
2. The goods covered are any non -genuine credit, debit and charge cards that are made to imitate 
and pass for genuine cards. The relevant tariff classification code  is 8523.21.  
3. The system applies to  any non -genuine credit, debit and charge cards that are made to imitate 
and pass for genuine cards originating from all countries.  
4. The PI Regulations are intended to prohibit the importation of counterfeit credit, debit or charge 
cards.  
5. The control on the specified goods is a statutory requirement under PI Regulations made under 
the Customs Act. The control cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  Applications for permission to import should be made in ad vance of arrival of the goods.  
(b) Applications for permission to import can be processed immediately, provided all information 
is available and the application is considered to be urgent.  
(c) Permits may be issued at any period of the year.  
(d) Permits ar e granted by the relevant Minister . 
8. Applications for permission to import can be refused at the discretion of the relevant Minister. 
Reasons for refusal are given to applicants. Applicants refused permission to import may appeal on 
the decision -making process under the Administrative Deci sions (Judicial Review) Act 1977 . G/LIC/N/3/AUS/15  
 
- 18 - 
 
  Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to apply.  
Documentation and other requirements for application for licence  
10. Applications must be made in writing to the M inister. The application should include the following 
information:  
• Importers name and address;  
• Details of the goods to be imported.  
11. The original permission from the Minister or authorised person is required upon importation.  
12. There is no licensing fee.  
13. There is no deposit or advance payment requirement associated with the issue of these licenses.  
Conditions of licensing  
14. The Minister may specify a time period for the validity of the permission.  
15. There is no penalty for the non -utilisation of a license or a portion of a license.  
16. Permits/licenses are not transferable between importers.  
17. Conditions may be imposed on the permission and quantities are specified.  
Other procedural requirements  
18. No.  
19. Not applicable.  
8  DOG COLLA R – PROTRUSION  
Outline of System  
1. The importation of protrusion dog collars is prohibited under provisions of the Customs Act 1901 
(Customs Act) and the Customs (Prohibited Imports) Regulations 1956 (PI Regulations), unless the 
permission of the Minister  for Home Affairs, or an authorised person, has been obtained.  
Purposes and coverage of licensing  
2. The goods covered are: dog collars, incorporating apparatus designed to puncture or bruise an 
animal's skin.  
3. The system applies to importations from all  countries.  
4. The PI Regulations are not intended to restrict the quantity or value of imports. The importation 
of protrusion dog collars is regulated in response to animal welfare concerns.  
5. The control on the specified goods is a statutory requirement  under Regulation 4 Schedule 2, 
Item 10 of the PI Regulations made under the Customs Act . The control cannot be abolished without 
legislative approval.  
Procedures  
6. Not applicable.  G/LIC/N/3/AUS/15  
 
- 19 - 
 
  7.(a) Application should be made in advance of arrival of the goods.  
(b) No.  
(c) No. 
(d) Permissions are granted by the Minister for Home Affairs or an authorised person.  
8. Apart from statutory or ordinary requirements there are no other criteria for refusal. Reasons for 
refusal are given to applicants. Applicants refused  permission to import may appeal on the 
decision -making process under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply . 
Documentation and other requirements for application for licence  
10. Applications must be made in writing to the Minister for Home Affairs or an authorised person. 
The application should include the following information:  
• importer's name and address;  
• details of the goods to be imported.  
11. The original permission from the Minister for Home Affairs or authorised person is required to 
be produced upon importation.  
12. There is no permit fee.  
13. Not applicable.  
Conditions of licensing  
14. The Minister for Home Affairs may specify a time period for the validity of the permission.  
15. There is no penalty for the non -utilisation of a license or a portion of a permission.  
16. Licenses are not transferable between importers.  
17. Conditions may be im posed on the permit. Quantitative limits, where appropriate, are specified 
as conditions.  
Other procedural requirements  
18. No.  
19. Not applicable.  
9  FLAGS, ARMS AND SEALS  
Outline of System  
1. The importation of goods with a representation of the arms, seal or flag of the Commonwealth or 
a State or Territory or the Royal Arms is prohibited under provisions of the Customs Act 1901 
(Customs Act)  and the Customs (Prohibited Imports) Regulations 195 6 (PI Regulations).  
For goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag or a G/LIC/N/3/AUS/15  
 
- 20 - 
 
  seal of the Commonwealth as to be likel y to deceive, specified conditions must be complied with. 
The goods must not be imported unless the design has been approved in writing by the Secretary 
to the Department of the Prime Minister and Cabinet or an authorised person; and if the collector 
asks the importer to produce the approval, the importer produces it.  
For goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of a State or Territory of the Commonwealth or a representation so nearly rese mbling 
the Arms, a flag or a seal of a State or Territory of the Commonwealth as to be likely to deceive; or 
a representation of the Royal Arms or a representation so nearly resembling the Royal Arms as to 
be likely to deceive . The goods must not be import ed unless the design has been approved in writing 
from the Department of Premier and Cabinet or the Chief Minister 's Department of the relevant State 
or Territory ; and if the collector asks the importer to produce the approval, the importer produces 
it. 
Purposes and coverage of licensing  
2. The goods covered are:  
• goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag 
or a seal  of the Commonwealth as to be likely to deceive; and  
• goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of a State or Territory of the Commonwealth or a representation so nearly 
resembling the Arms , a flag or a seal of a State or Territory of the Commonwealth as to be 
likely to deceive; and  
• goods to which, or to the coverings of which, there is applied a representation of the Royal 
Arms or a representation so nearly resembling the Royal Arms as to b e likely to deceive.  
3. The system applies to the importation of goods originating from all countries.  
4. The PI Regulations are not intended to restrict the quantity or value of imports.  
The importation of goods bearing the arms or having applied to them a representation of a flag or 
seal of the Commonwealth or a State or Territory was introduced to act as a quality control measure 
to ensure that representations are realistic, of good quality, preserve the dignity and integrity of 
national symbols and do n ot breach other legislation.  
5. The control on the specified goods is a statutory requirement under Regulation 4, Schedule 2 
(Royal Arms) and Schedule 3 ( State and Territory flags, arms and seals and Commonwealth flags, 
arms and seals) of the PI Regulation s made under the  Customs Act . 
The control cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  Applications should be made in advance of the importation of the goods and it is recommended 
that the design be approved prior to the mass production of goods.  
(b)  Approval  cannot be granted immediately on request.  
(c)  Approvals  may be issued throughout the year.  
(d)  Designs must be approved by the Department of Prime Minister and Cabinet or the 
Department of Premier and Cabinet or the Chief Minister 's Department of the relevant 
State/Territory.  
8. Apart from statutory or ordinary requirements, the only other criteria for refusal is if the design 
has not been approved by the relevant authority. Reasons for refusal are given to applicants. G/LIC/N/3/AUS/15  
 
- 21 - 
 
  Applicants refused permission to import may appeal on the decision -making process under the 
Administrative Decisions (Judicial Review ) Act 1977.  
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b)  All persons, firms and institutions are eligible to apply for permission to import.  
Documentation and other requirements for application for licence  
10. Applications for p ermission to import goods having a representation of the arms, a flag or a seal 
of the Commonwealth should include:  
• the importer's name and address;  
• a description of the goods  
• colour image of the goods ; and  
• a copy of the design.  
12. In the case of goods be aring a representation of the arms, a flag or a seal of the Commonwealth 
if the collector asks the importer to produce the approval issued by Secretary to the Department of 
the Prime Minister and Cabinet approval, the importer must produce it.  
In the case of goods bearing a representation of the arms, a flag or a seal of a State or Territory of 
the Commonwealth or a representation of the Royal Arms , if the collector asks the importer to 
produce the approval issued by the Department of Premier and Cabinet or  the Chief Minister 's 
Department of the relevant State/Territory, the import must produce it . 
13. There is no licensing fee or administrative charge.  
Conditions of licensing  
14. There is no deposit or advance payment requirement associated with the issue o f licenses.  
15. Import permissions are not subject to a validity period. In the case of goods bearing a 
representation of the arms, a flag or a seal of the Commonwealth, the design approval provided by 
the Department of the Prime Minister and Cabinet cover s multiple consignments for a period of 
twelve  months. At the expiration of the 12 month period a new approval will need to be sought.  
16. There is no penalty for the non -utilisation of a permission or a portion of a permission.  
17. Permits/licences are no t transferable between importers.  
Other procedural requirements  
18. For goods to which, or to the coverings of which, there is applied a representation of the arms, 
a flag or a seal of a State or Territory of the Commonwealth,  only the approval of the design by the 
Department of Premier and Cabinet or the Chief Minister 's Department of the relevant State/Territory  
is required to import the goods. An importer must produce a copy of the approval to the collector, if 
requested . 
For goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of the Commonwealth only the approval of the design by the Department of Prime 
Minister and Cabinet is required to import the goods. Importers m ust produce a copy of the approval 
to the Collection if requested.  
19. Not applicable.  
 G/LIC/N/3/AUS/15  
 
- 22 - 
 
  10  GENETICALLY  MODIFIED ORGANISMS  
Outline of System  
1. The Gene Technology Act 2000  (GT Act), the Gene Technology Regulations 2001 (GT Regulations) 
and corresponding state and territory laws provide a nationally consistent system to regulate work 
(dealings) with genetically modified organisms (GMOs) in Australia. This includes the creati on or 
import, transport, disposal, growth and propagation of GMOs.  
Other Australian government regulators also oversee work with GMOs, depending on the use of the 
GMO. These regulators include:  
• Australian Pesticides and Veterinary Medicines Authority  (APVMA) covers agricultural 
chemicals and veterinary products, including those produced in, or used on, genetically 
modified (GM) crops and live GM veterinary products. See also Agricultural & Veterinary 
Chemicals Code Act 1994  and Agricultural & Veterinary Chemicals (Administration) Act 1992 . 
• The Department of Agriculture, Fi sheries and Fo restry  regulates the import and quarantine of 
all animal, plant and biological products that could pose a risk if they were imported. See also 
Biosecurity Act 2015  and Imported Food Control Act 1992 . 
• Food Standards Australia New Zealand (FSANZ) covers food issues, including labelling and 
mandatory pre -market safety assessments for GM foods. See also Food Standards Australia 
New Zealand Act 1991 . 
• Therapeutic Goods Administration (TGA) regulates all therapeutics, including those which are 
GMOs (for example, live GM vaccines). See also Therapeutic Goods Act 1989 . 
Purposes and coverage of licensing  
2. The National Gene Technology Scheme covers all dealings with all live/viable GMOs as defined in 
the GT Act. The GT Act defines GMO dealings to include experiments, manufacture, production, 
breeding, growing, transport, destruction and import.  
3. All GMOs, whether created in Australia or imported, are covered by the gene technology 
legislation.  
4. The gene technology legislation is not intended to restrict the quantity or value of imports but to 
manage the risks of workin g with GMOs. In administering the National Gene Technology Scheme, 
the Gene Technology Regulator (the GT Regulator) has specific responsibility to protect the health 
and safety of people, and to protect the environment, by identifying risks posed by or as a result of 
gene technology, and by managing those risks through regulating certain dealings with GMOs. 
The National Gene Technology Scheme also implements Australia's obligations under Article 8(g)  of 
the UN Convention on Biological Diversity.  
A voluntary  system/industry self -regulation is not appropriate due to the level of public concern over 
the potential risks posed by GMOs. However, some work with specified categories of GMOs does not 
require licensing and can be carried out under a notification proce ss with the appropriate institutional 
oversight (for example using GM cell lines to manufacture GM pharmaceutical products within 
certified facilities).  
5. The nationally consistent legislative scheme for gene technology is comprised of the 
Commonwealth GT  Act and GT Regulations, and corresponding State and Territory legislation.  
The scope and nature of gene technology regulation is specified in the GT Act.  Schedules contained 
within the GT Regulations further clarify the scope of the GT Act and specify th e type of 
authorisations required for work with different categories of GMOs.  
The legislation was developed in consultation with all Australian jurisdictions and the scheme is 
supported by the inter -governmental Gene Technology Agreement  between the Australian 
Government and each State and Territory.  G/LIC/N/3/AUS/15  
 
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  It is not possible for the government or executive branch to abolish the systems without legislative 
approva l. 
Procedures  
6. Not applicable.  
7.(a) The National Gene Technology Scheme provides for a number of different kinds of 
authorisations dependent upon the nature of the GMO and the proposed use: 
https://www.ogtr.gov.au/apply -gmo-approval/types -gmo-dealings . 
In relation to commercial -scale import of GMOs, in most cases a licen ce would be required. If the 
GMO is imported for use within contained facilities (e.g. GM seed imported for immediate processing 
into non -viable products) a licence for Dealings Not Involving Intentional Release  (DNIR) into the 
environment may be required. DNIR licences carry a 90-working  day processing time and approval 
must be obtained prior to import.  
All other commercial dealings where the GMO is likely to be released into the environment would 
require a licence for  DNIR into  the environment. The GT Regulator must decide whether to issue a 
DNIR licence within 255 working days.  
If the GT Regulator is satisfied th at a person has come into possession of a GMO inadvertently, the 
GT Regulator may, with the agreement of the person, treat the person as having made an 
Inadvertent Dealings application, or the person may apply for a licence themselves. The GT 
Regulator may  issue a temporary licence (no longer than 12 months) to the person for the purposes 
of disposing of the GMO in a manner which protects the health and safety of people and the 
environment.  
(b) The GT Act does not contain provisions for immediate licence ap provals.  
(c) Licence applications can be made at any time of the year.  
(d) The Australian GT Regulator, supported by the Office of the Gene Technology Regulator, has 
sole responsibility for issuing licences for work with GMOs.  However, separate approvals w ould 
be needed if the end use of the GMO is regulated by another agency, e.g., therapeutic or 
veterinary products, agricultural products, human food, etc. (see answer to question 1).  
Approval for import under the Biosecurity Act 2015 , from the Department of Agriculture, 
Fisheries and Forestry may also be required.  
8. The GT Regulator must not issue the licence unless satisfied that:  
(i) any risks posed by the dealings proposed to be authorised by the licence are able to be 
managed in such a way as to protect:  
 - the health and safety of people; and  
 - the environment; and that  
(ii) the applicant is a suitable person to hold the licence.  
The GT Regulator must inform the applicant of the reasons for their decision. A decision not to issu e 
a licence, or to impose a licence condition, is a reviewable decision under the GT Act, and the 
applicant may apply to the Administrative Appeals Tribunal  for review of the merits of the deci sion.  
Alternatively, an appeal may be made on the decision -making process itself under the Administrative 
Decisions (Judicial Review) Act 1977 . G/LIC/N/3/AUS/15  
 
- 24 - 
 
  Eligibility of importers to apply for licence  
9. Anyone can apply for a licence; however, the GT Regulator is r equired to consider the suitability 
of the applicant to hold a licence. Section 58 of the GT Act provides information on applicant 
suitability.  
Documentation and other requirements for application for licence  
10. Application forms to work with GMOs can be found on the OGTR website at 
https://www.ogtr.gov.au/apply -gmo-approval . 
11. Each DIR lice nce is made available on the OGTR website at https://www.ogtr.gov.au/what -weve-
approved/dealings -involving -intentional -release . A copy of the licence should accompany all 
shipments of GMOs unless the licence specifies otherwise.  
12. Currently no fees apply to applications for licences under the GT Ac t. 
13. Not applicable.  
Conditions of licensing  
14. The period of the licence will be determined on a case -by-case basis during the assessment of 
the application. Typically, commercial licences do not have an expiry date.  
15. Licences permit, but do not req uire, persons to deal with the specified GMOs. All licence 
conditions must be followed when dealing with GMOs. It is a criminal offence to knowingly breach 
the conditions of a licence.  
16. Section 70 of the GT Act allows for the transfer of a licence. A 90 -working day assessment period 
applies to applications to transfer a licence. When deciding whether to transfer a licence, the GT 
Regulator must consider the suitability of the receiving applicant to hold the licence.  
17. Division 6 of part 5 of the GT Act  contains information on conditions that may apply to a licence. 
This includes (but is not limited to):  
(i) the scope of the dealings authorised by the licence;  
(ii) the purposes for which the dealings may be undertaken;  
(iii) variations to the scope or purposes of the dealings;  
(iv) documentation and record -keeping requirements;  
(v) the required level of containment in respect of the dealings, including requirements relating 
to the certification of facilities to specified containment levels;  
(vi) waste d isposal requirements;  
(vii) measures to manage risks posed to the health and safety of people, or to the environment;  
(viii) data collection, including studies to be conducted;  
(ix) auditing and reporting;  
(x) actions to be taken in case of the release of a GMO from a contained environment;  
(xi) the geographic area in which the dealings authorised by the licence may occur;  
(xii) requiring compliance with a code of practice issued under section 24, or a technical or 
procedural guideline issued under section 27; 
(xiii) supervision by, and monitoring by, Institutional Biosafety Committees;  
(xiv) contingency planning in respect of unintended effects of the dealings authorised by the 
licence;  
(xv) limiting the dissemination or persistence of the GMO or its geneti c material in the 
environment;  
(xvi) requiring the licence holder to inform people of licence requirements;  
(xvii)  requiring the licence holder to provide the GT Regulator with relevant information; and  
(xviii)  allowing the GT Regulator to monitor dealings  with GMOs.  
Other procedural requirements  
18. Not applicable.  G/LIC/N/3/AUS/15  
 
- 25 - 
 
  19. Not applicable.  
11  HAZARDOUS GOODS  
Outline of System  
1. For health and safety reasons, the importation of goods deemed to be hazardous is prohibited 
under the Customs Act 1901  (Customs Act) , the Customs (Prohibited Imports) Regulations 1956 (PI 
Regulations). Only the responsible Minister or an authorised person can grant permission to import 
banned goods.  
Purposes and coverage of licensing  
2. Goods covered under these Acts include:  
Goods listed under Schedule 2 in relation to Regulation 4 of the PI Regulations:  
• Cosmetic products containing more than 250 mg/kg of lead or lead compounds (calculated as 
lead), except products containing more than 250mg/kg of lead acetate designed for use in 
hair treatments.  
• Erasers that resemble food in scent or appearance, that contain more than:  
(a) 90 mg/kg of lead; or  
(b) 25 mg/kg of arsenic; or  
(c)  60 mg/kg of antinomy; or  
(d) 75 mg/kg of cadmium; or  
(e)  500mg/kg of selenium; or  
(f) 60 mg/kg of mercury; or 
(g) 60 mg/kg of chromium; or  
(h) 1,000mg/kg of barium.  
• Money  boxes coated with a material that contains more than 90 mg/kg of lead.  
 
• Toys coated with a material the non -volatile content of which contains more than:  
(a) 90 mg/kg of lead; or  
(b) 25 mg/kg of arsenic; or  
(c)  60 mg/kg of antinomy; or  
(d) 75 mg/kg of cadmium; or  
(e)  500mg/kg of selenium; or  
(f) 60 mg/kg of mercury; or  
(g) 60 mg/kg of chromium; or  
(h) 1,000mg/kg of barium.  
• Pencils or paint brushes coated with a material the non-volatile content of which contains 
more than:  
(a) 90 mg/kg of lead; or  
(b) 25 mg/kg of arsenic; or  
(c)  60 mg/kg of antinomy; or  
(d) 75 mg/kg of cadmium; or  
(e)  500mg/kg of selenium; or  
(f) 60 mg/kg of mercury; or  
(g) 60 mg/kg of chromium; or  
(h) 1,000mg/kg of barium.  
Goods listed under Schedule 7 in relation to Regulation 4E of the PI Regulations:  
• Glazed ceramic articles normally used for or in connexion with the storage or consumption of 
food containing lead or cadmium in an amount per volume beyond permissible levels 
specified in schedule 7 of the PI Regulations.  G/LIC/N/3/AUS/15  
 
- 26 - 
 
  Goods listed in Regulation 4S of the PI Regulations:  
• Certain cigarette lighters.  
Goods listed under Schedule 12 in relation to Regulation 4U of the PI Regulations:  
• Glucomannan in tablet form . 
• Seat belt accessories and similar goods designed to induce and maintain slack in retractor 
seat beats.  
• Sun visors that do not comply with Australian Design Rule No. 11.  
• Victim toys.  
• Chewing tobacco and snuffs intended for oral use, imported in amount greater than 1.5kg.  
• Underwater breathing apparatus consisting of an air pump, powered by the user's legs, that 
supplies air drawn down from the water's surface in a compressed state dependent on the 
user's effort.  
• Devices that enable a water skier t o be released quickly in the event of a mishap in the water.  
• Candles with wicks that contain greater than 0.06% lead by weight and candle wicks 
containing greater than 0.06% lead by weight.  
• Jelly confectionery product containing 'konjac' (also known as glu comannan, conjac, 
konnyaku, konjonac, taro powder and yam flour) and supplied in a container that has a height 
or width of less than or equal to 45mm.  
3. The regulations apply to the importation of goods from all countries.  
4. The PI Regulations are not in tended to restrict the quantity or value of imports. The importation 
of these goods is regulated due to safety concerns for people and animals if the goods are used 
inappropriately.  
5. The control on importation of the specified goods is a statutory requir ement under the PI 
Regulations made under the  Customs Act. The system cannot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.  
7.(a)  Applications should be made in advance of arrival of the goods. In certain circumstances, 
import pe rmission can be given to goods that have inadvertently arrived at the point of entry.  
(b) Permission to import is granted by the responsible Minister or an authorised person.  
(c) There are no such limitations.  
(d) Permission to import is granted by the res ponsible Minister or an authorised person.  
Importers may be required to provide written confirmation from an analytical laboratory recognised 
by the National Association of Testing Authorities Australia  (NATA), or a NAT A accredited authority, 
that their goods comply with the requirements of the regulations.  
8. Apart from statutory or ordinary requirements there are no other criteria. Reasons for refusal are 
given to applicants. In certain circumstances applicants refused  permission to import may appeal on 
the merits of the decision to the Administrative Appeals Tribunal. Alternatively, an appeal may be 
made on the decision -making process itself under the Administrative Decisions (Judicial Review) Act 
1977. 
Eligibility of importers to apply for licence  
9.(a)  Not applicable.  
(b) All persons, firms and institutions are eligible to apply.  G/LIC/N/3/AUS/15  
 
- 27 - 
 
  Documentation and other requirements for application for licence  
10. Applications for permission to import must be made to the responsible Minister or authorised 
person. The application must include the following information:  
• Importer's name and address;  
• Details of the goods to be imported, including quantity to be imported and intended use and 
distribution . 
11. The original permi ssion from the responsible Minister or authorised person is required to be 
produced upon importation.  
Alternatively, for the importation of lighters under Regulation 4S of the PI Regulations, the importer 
may complete a statutory declaration stating that a  certificate of compliance has been issued and 
produce that statutory declaration to the responsible customs administration.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing  
14. The responsible Minister or authorised person may specify a time period for the validity of the 
permission.  
15. There is no penalty for the non -utilisation of a license or a portion of a license.  
16. Permits/licences are not transferable between importers.  
17.(a)Not applicable.  
(b) Permission to import goods specified under Regulations 4, 4E, 4S and 4U of the PI Regulations 
may be subject to conditions regarding custody, use, disposal or distribution o f the imported 
goods.  
Other procedural requirements  
18. No.  
19. Not applicable.  
12  HAZARDOUS WASTE  
Outline of System  
1. The import, export and transit of hazardous waste is regulated under the Hazardous Waste 
(Regulation of Exports and Imports) Act 1989 (the Act) and associated regulations, to ensure that 
hazardous waste is managed in an environmentally sound manner to protect human beings and the 
environment, within and outside Australia.  
The regulatory framework implements Australia's obligations under the Basel Convention for the 
Control of Trans -boundary Movements of Hazardous Waste and their Disposal (Basel Convention), 
as well as the following related agreements and arrangements concer ning the transboundary 
movement of hazardous and other waste:  
• the Organisation for Economic Co -operation and Development (OECD) Council Decision  C 
(2001) 107 FINAL, as amended by C (2004) 20;  
• the Waigani Convention (Convention to Ban the Importation into F orum Island Countries of 
Hazardous and Radioactive Wastes and to Control the Transboundary Movement and 
Management of Hazardous Wastes within the South Pacific Region); and  G/LIC/N/3/AUS/15  
 
- 28 - 
 
  • a bilateral  arrangement between Australia and the United Nations Transitional Admin istration 
in East Timor.  
Purposes and coverage of licensing  
2. The Act and regulations establish a permit control system for the export from, import into, or 
transit through, Australia of hazardous and other wastes, which are determined by category and 
characteristics listed in the schedules of the Basel Convention, Waigani Convention, and OECD 
Council Decision.  
3. The permit system applies to all transboundary movements of hazardous and other wastes 
between countries that are a party to the Basel Conventio n or the Waigani Convention, or member 
countries of the OECD, or imports from East Timor to Australia.  
4. The Act and regulations are not intended to restrict the quantity or value of imports.  
The permit system ensures that Australia's international obliga tions concerning the transboundary 
movement, for environmentally sound and safe management of hazardous and other waste, are 
upheld.  
To that effect, the Basel Convention provides that trans boundary movements of hazardous and 
other wastes is to be reduced to the minimum consistent with the environmentally sound and 
efficient management of such wastes.  
Complementary to this, the OECD Council Decision controls the transboundary movements of 
hazardous and other wastes destined for recycling and/or recovery ope rations between OECD 
members in view of member countries having established infrastructure.  
Australia's agreement with East Timor allows the import of hazardous waste from East Timor to 
Australia following similar procedures to that established under the B asel Convention.  
5. The law under which the permitting system is maintained is the Hazardous Waste (Regulation of 
Exports and Imports) Act 1989 (Hazardous Waste Act) and associated regulations. Permitting is a 
statutory requirement for the import, export a nd transit of any hazardous waste listed in schedules 
to the Basel Convention, Waigani Convention, or the OECD Council Decision. It is not possible to 
abolish the system without legislative approval.  
Procedures  
6. Not applicable.  
7.(a) The Hazardous Waste  Act and regulations require that a permit be obtained before hazardous 
waste is exported from, imported into, or transited through, Australia. All applications are 
assessed according to the relevant sections of the Hazardous Waste Act or associated 
regula tions, and on a case -by-case basis. The timeframes in the Hazardous Waste Act and 
associated regulations reflect the timeframes provided for in the treaties on hazardous waste 
to which Australia is a party.  
(b) No. Permits are issued only after authorisati on by the Minister for the Environment or their 
delegate, with a requirement for determination of the justification for import and the fitness 
of the processing organisation to treat the material in an environmentally sound manner.  
(c) No. 
(d) Consideratio n of a permit application is undertaken by the Department of Climate Change, 
Energy, the Environment and Water (DCCEEW) . Importers may, however, have to approach 
other government (Commonwealth, State and Territory) agencies for approval to import due 
to co nditions that apply to the type of item. Examples of such agencies would be the 
Therapeutic Goods Administration or the appropriate State or Territory environment agency.  G/LIC/N/3/AUS/15  
 
- 29 - 
 
  8. A permit application may be refused on various grounds under the Act and regulatio ns, for 
example if the Minister for the Environment considers that it would not be in the public interest to 
grant the permit.  
There are also requirements on all countries through which the proposed movement of hazardous 
waste is to be transported, to cont rol the transboundary movement of hazardous waste.  Refusal to 
accept the movement by any such country will result in the country of export being refused a permit.  
A statement of reasons for the Minister of the Environment or their delegate's refusal of a permit is 
given to applicants. Applicants refused permission to exports may appeal to the Administrative 
Appeals Tribunal on the merits of the decision. Alternatively, an appeal may be made on the decision -
making process itself under the Administrative Dec isions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) Any person, firm or institution may apply for a permit.  
Documentation and other requirements for application for licence  
10.  As with all applications, the decision of the Minister for the Environment or their delegate will 
be based on information provided as required under the Hazardous Waste Act or relevant 
regulations.  
Amongst other things, the Minister for the Environment will consider whether the proposed manner 
for dealing with the hazardous waste is environmentally sound, the applicant is a suitable person to 
be granted a permit and has appropriate insurance.  
The form that is required to be used when applying for an import,  export or transit permit may be 
accessed here:  https://www.dcceew.gov.au/environment/protection/hazardous -waste/permits . 
In general information required in the permit  application includes:  
• the identity and suitability of the applicant, including applicant's name and address and 
financial situation;  
• a description of the material to be imported;  
• the method of transportation, ports of entry for importation; and  
• the method  of disposal of the waste.  
More details of what the Minister for the Environment will give consideration to as part of an 
application process can be found at: https://www.comlaw.gov.au/Series/ C2004A03937  
Additional documentation required with the application includes verification that the disposal is 
environmentally sound and safe, the capability of the processors to treat the material, and proof 
that appropriate insurances and contracts have b een obtained/arranged.  
11. The import permit and a completed Movement/Tracking Form are required.  
12. The application fees and levy that apply to the lodgement of permit applications, can be accessed 
in the Hazardous Waste (Regulation of Exports and Import s) (Fees) Regulations 1990 . All permit 
application fe es (including the levy) are non -refundable.  
13. There is no requirement for an advance payment, as the relevant fee must be paid at the time 
of making a permit application. Full payment of the fee is req uired (unless the Minister has 
determined in writing that the prescribed fee payable in relation to a specified application or a 
specified notice is reduced by a specified amount) - The fee is not refundable.  Permit application 
fees can be found at: https://www.dcceew.gov.au/environment/protection/hazardous -
waste/permits#permit -application -fees G/LIC/N/3/AUS/15  
 
- 30 - 
 
  Conditions of licensing  
14.  Under the Basel Co nvention, the import permit is valid for a period of up to twelve months and 
covers the amount and number of shipments of the hazardous waste as noted in the application. 
The OECD Council Decision allows the period for permits up to 36 months for pre -autho rised facilities.  
15.  There is no penalty for the non -utilisation of an import permit or a portion of that permit.  
16.  Permits/licences are not transferable between importers.  
17.(a)  Not applicable.  
(b)  All applications must identify the maximum amount of the hazardous wastes that is intended 
to be covered by the permit. The maximum amount that is then specified in that permit cannot 
be exceeded. In addition, the applicant is provided with conditions that form part of the permit 
that usually relat e specifically to the transport, treatment and/or disposal of the hazardous 
waste.  
Other procedural requirements  
18. In some cases the approval/certification of other agencies is required prior to the issue of a 
permit. The permit applicant is responsible for ensuring they have obtained all relevant approvals 
and licenses.  
19.  Not applicable.  
13  ICE PIPES  
Outline of System  
1. The importation of ice pipes is prohibited under provisions of the Customs Act 1901  (Customs 
Act) and the Customs (Prohibited Imports) Regulations 1956  (PI Regulations) unless the permission 
of the Minister for Home Affairs, or an authorised person, has been obtained.  
Purposes and coverage of licensing  
2. Ice pipes are defined as a device that is capable of being used for administering 
methylamphetamine, or any other drug mentioned in Schedule 4  of the PI Regulations , by the 
drawing or inhaling of smoke or fumes resulting from heating the drug, in the device, in  a crystal, 
powder, oil or base form. Components are also controlled, and these are defined as a device which 
appears, on reasonable grounds, to be part of an ice pipe; and is capable of being used for 
administering a drug mentioned in Schedule of the PI R egulations , in the way described in the 
definition of ice pipe, only if adjusted, modified or added to.  
3. The system applies to the importation of goods originating from all countries.  
4. The PI Regulations are not intended to restrict the quantity or vol ume of imports. A permit can 
specify conditions or requirements including times for compliance and the number of ice pipes 
allowed to be imported. The Minister for Home Affairs or an authorised person has the power to 
revoke permission where the holder doe s not comply with a condition or requirement.  
The control on ice pipes has been introduced as a result of the Australian Government's commitment 
to reduce the abuse of illicit drugs. Amphetamine Type Stimulants (ATS) have been identified by the 
Australian Criminal Intelligence Commission as an organised crime priority for the Australian 
Government. While ATS can be administered in a range of ways, smoking its crystalline form (known 
as ice) is particularly dangerous, due to high drug purity levels, which ca n result in serious physical 
and emotional harm.  G/LIC/N/3/AUS/15  
 
- 31 - 
 
  5. The control on the specified goods is a statutory requirement under Regulation 4I of the PI 
Regulations made under the Customs Act. The control cannot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.  
7. (a) Application should be made in advance of arrival of the goods.  
(b) Applications for permission to import can be processed immediately provided all information 
is available and the application is considered to be urgent.  
(c) Permits may be issued at any period of the year.  
(d) Permissions are granted by the Minister for Home Affairs or an authorised person.  
8. Application for permission to import can be refused at the discretion of the relevant Minister or 
authorised person. R easons for refusal are given to applicants. Applicants refused permission to 
import may appeal on the decision -making process under the Administrative Decisions (Judicial 
Review) Act 1977 . 
Eligibility of importers to apply for licence  
9. All persons, firms  and institutions are eligible to apply. However, permission will not be granted 
for personal use.  
Documentation and other requirements for application for licence  
10. Applications must be made in writing to the Minister for Home Affairs or an authorised p erson. 
The application should include supporting documentation to possess the goods and/or any relevant 
end user evidential documentation.  
11. The original permission from the Minister for Home Affairs or authorised person is required upon 
importation.  
12. There is no permit fee.  
13. There is no deposit or advance payment requirement associated with the issue of permission.  
Conditions of licensing  
14. The Minister for Home Affairs may specify a time period for the validity of the permission.  
15. There is no penalty for the non -utilisation of a permission or a portion of a permission.  
16. Permits/licenses are not transferable between importers.  
17. Conditions may be imposed on the permission and quantities are specified.  
Other procedural requirements  
18. No . 
19. Not applicable.  G/LIC/N/3/AUS/15  
 
- 32 - 
 
  14  IMPORTS TO ANTARCTICA  
Outline of System  
1. Under the Antarctic Treaty (Environment Protection) Act 1980 (Antarctic Treaty Act) as amended, 
and in line with the requirements of the Protocol on Environmental Protection to the Antarctic Treaty 
(the Madrid Protocol), persons are not permitted to import certain items into Antarctica. This 
legislation applies to Australian nationals for all areas south of 60° south and for foreign nationals 
to the Australian Antarctic Territory only.  
Purpose s and coverage of licensing  
2. The import licensing system is implemented via the  Antarctic Treaty Act . It provides:  
• that a person shall not bring into the Antarctic an organism that is not indigenous to the 
Antarctic unless the organism (not being a live animal) was brought into the Antarctic to be 
used as food. None of these items may be brought into Antarctica unless authorised by a 
permit (s19(1)(c));  
• if a person brings an organism into the Antarctic for use as food the person must put controls 
in place  to ensure that the organism does not escape into the Antarctic environment;  
• a person who brings into the Antarctic poultry or any other bird product that is to be used as 
food must ensure it is not contaminated with disease;  
• that a person shall not bring into, or keep in, the Antarctic non -sterile soil, or polychlorinated 
biphenyls, or polystyrene beads or chips or any similar kind of packaging material 
(s19(1)(ca)); and,  
• that a person shall not bring into, or keep in, the Antarctic any pesticide unless fo r scientific, 
medical or hygienic purposes (s19(1)(cb)).  
3. The system applies to goods from all countries.  
4. The above restrictions have been put in place to implement the Madrid Protocol. The objective of 
the Madrid Protocol is the comprehensive protect ion of the Antarctic environment and its dependent 
and associated ecosystems.  The Antarctic Treaty Act  is not intended to restrict the quantity or value 
of imports.  
5. The control  may not be repealed without legislative approval.  
Procedures  
6. Not applicable.  
7.(a) Proponents are encouraged to submit permit applications as far in advance of their intended 
activity as practicable. Proponents should allow a minimum of two months for the assessment 
of a permit application.  
(b) Permits cannot be granted immediately upon request. The permit -holder must obtain a permit 
prior to their arrival in Antarctica. Permits cannot be issued retrospectively.  
(c) Permit applications may be  lodged at any time of the year.  
(d) Permit applications are assessed by one organisation – i.e., the Australian Antarctic Division 
(AAD) of the Commonwealth Department of Climate Change, Energy, the Environment and 
Water . Corresponding permits are also pr epared by the AAD. Accordingly, proponents need 
only approach one organisation.  
8. An application for a permit will only be refused if it does not meet the ordinary criteria. Particulars 
of refusals to grant permits are provided to the applicant and those particulars are accompanied by 
a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application 
may be made to the Administrative Appeals Tribunal for the review of the merits of a decision to 
refuse to grant a permit by  or on behalf of the person or persons whose interests are affected by G/LIC/N/3/AUS/15  
 
- 33 - 
 
  the decision. Alternatively, an appeal may be made on the decision -making process itself under the 
Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply  for licence  
9.(a) Not applicable.  
(b) All Australian proponents of Antarctic activities are eligible to apply for a permit. No fee is 
charged.  
Documentation and other requirements for application for licence  
10. The project proponent (in the case of rese arch projects, the Chief Investigator) completes an 
application form for a permit. The application should include the following information:  
• name and address of applicant;  
• research location and research methodology;  
• any non -indigenous species being introdu ced to Antarctica;  
• intended access to specially protected areas; sample specimens to be extracted;  
• members of research team or field project; and  
• organisation affiliated to research project.  
Permits  are applied for online. The process is described at: 
http://www.antarctica.gov.au/environment /environmental -impact -assessment -approvals -and- 
permits  
11. Inspectors appointed under the Antarctic Treaty Act  monitor actions to ensure they  are 
undertaken in accordance with the approved permit.  
12. There is no fee or administrative charge.  
13. Not applicable.  
Conditions of licensing  
14. A permit's period of validity is dependent on a project's planned length. A proponent may apply 
to extend a permit's period of validity.  
15. There is no penalty for the non -utilisation of a permit or a portion of a permit.  
16. Permits are not transferable. However, a permit may be varied to:  
• include additional names; and  
• omit existing names.  
A person to  whom a permit has been granted (a principal) may authorise other persons to 
accompany one or more of the principals to carry on activities authorised by the permit.  
17. No.  
Other procedural requirements  
18. There are no other administrative processes requ ired. 
19. Not applicable.  G/LIC/N/3/AUS/15  
 
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  15  IMPORTS TO TERRITORY OF HEARD ISLANDS AND MCDONALD ISLANDS  
Outline of System  
1. The Territory of Heard Island and McDonald Islands is an external territory of Australia. The 
purpose of the Territory of Heard Island and McDonald Is lands Environment Protection and 
Management Ordinance 1987 is the preservation and management of the Territory for the protection 
of its environment and wildlife.  
Purposes and coverage of licensing  
2. The Territory of Heard Island and McDonald Islands Envi ronment Protection and Management 
Ordinance 1987  prohibits:  
• the importation of any diseased organism or live poultry into the Territory (s13);  
• the importation of any organism, or any dead poultry or poultry products into the Territory 
unless in accordance with a permit (s14.1(b)).  
3. The system applies to goods from all countries (and from other parts of Australia).  
4. The Territory of Heard Island and McDonald Islands Environment Protection and Management 
Ordinance 1987  is not intended to restrict the quantity or value of imports.  
5. The controls may not be repealed without legislative approval.  
Procedures  
6. Not applicable.    
7.(a)  Proponents are encouraged to submit permit applications as far in advance of their inten ded 
activity as practicable. Proponents should allow four months for the assessment of a permit 
application.  
(b) Permits cannot be granted immediately upon request. The permit -holder must obtain a permit 
prior to their arrival in the Territory. Permits can not be issued retrospectively.  
(c) Permit applications may be lodged at any time of the year.  
(d) Section 15(1)  permit applications are assessed by a single organisation – i.e., the Australian 
Antarctic Division (AAD) of the Commonwealth Department of  Climate Change, the 
Environment and Water (DCCEEW) . Corresponding permits are also prepared by the AAD. 
Accordingly, proponents need only approach one organisation.  
8.  An application for a permit will be refused if it is inconsistent with the requirements of the Heard 
Island and McDonald Islands Marine Reserve Management Plan  2014-2024, which includes the 
Territory. The reasons for refusals are given to the applicant and the applicant has a right of appeal. 
Particulars of refusals to grant permits are publishe d in the Commonwealth Government Gazette 
and those particulars are accompanied by a statement to the effect that, subject to the 
Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals 
Tribunal for the review of the merits of a decision to refuse to grant a permit by or on behalf of the 
person or persons whose interests are affected by the decision. Alternatively, an appeal may be 
made on the decision -making process itself under the Administrative Decisions (Judicial Review) Act 
1977. 
Eligibility of importers to apply for licence  
9.(a) Not applicable.    
(b) Any person is eligible to apply for a permit.  G/LIC/N/3/AUS/15  
 
- 35 - 
 
  Documentation and other requirements for application for licence  
10. The application should include the following info rmation:  
• name and address of applicant;  
• details of research location;  
• any non -indigenous species being introduced to the Territory;  
• use of radioisotopes;  
• details of sample specimens to be extracted;  
• members of research team or field project; and  
• organisation affiliated to research project.  
11. Permit requirements and the application process are described at: 
http://heardisland.antarctica.gov.a u/protection -and-management/management -plan/permits . 
Visitor self -regulation is an important component of the Territory's environmental management 
regime.  
12. No fees or administration charges are currently imposed. Section 15(6) does, however, provide 
for the imposition of a permit issue fee not exceeding A$50.  
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing  
14. A permit's period of validity is dependent on the length of time that the applicant is scheduled 
to stay in the Territory. A proponent may apply to extend a permit's period of validity.  
15. There is no penalty for the non -utilisation of a license or a portion of a license.  
16. Permits are not transferable. However, a pe rmit may be varied to  include additional names; and  
omit existing names.  
17. No.  
Other procedural requirements  
18. There are no other administrative processes required.  
19. Not applicable.  
16  INDUSTRIAL CHEMICALS  
Outline of System  
1. The Australian Industria l Chemicals Introduction Scheme (AICIS) aids in the protection of the 
Australian people and the environment through the regulation of the introduction of industrial 
chemicals, the assessment and evaluation of the introduction and use of certain industrial chemicals 
and providing information and recommendations to promote their safe use. Industrial chemicals 
include a broad range of chemicals used in inks, plastics, adhesives, paints, glues, solvents, 
cosmetics, soaps and many other products. The Office of C hemical Safety (OCS) within the 
Department of Health and Aged Care administers the statutory scheme known as the Australian 
Industrial Chemicals Introduction Scheme (AICIS), established under the Industrial Chemicals Act 
2019 (IC Act). OCS assessments info rm decisions made by a wide range of Commonwealth, State 
and Territory government agencies involved in regulating the control, use, release and disposal of 
industrial chemicals. AICIS administers the following licensing systems under the IC Act:  
• Chemical  assessments and authorisations – The import and/or manufacture of industrial 
chemicals is authorised under specific categories. Chemicals not listed on the Australian 
Inventory of Industrial Chemicals (Inventory) may be introduced under Exempted (very low  
risk introductions), Reported (low risk) or Assessed (medium to high risk) categories. G/LIC/N/3/AUS/15  
 
- 36 - 
 
  Introducers will have to first categorise the chemical they wish to introduce by determining 
the indicative risk to human health and the environment. Commercial importe rs and/or 
manufacturers (introducers) are required to apply for assessment of a medium to high -risk 
chemical and upon completion an assessment certificate may be granted. Introducers are also 
required to apply to vary the Inventory listing for an industria l chemical if their intended use 
differs from that specified in the listing. An introducer may apply for a commercial evaluation 
authorisation  in order to evaluate the commercial viability of industrial chemicals.  
• Registration of introducers – establish es a Register of Industrial Chemical Introducers – A 
certificate of Registration authorises companies and persons to import industrial chemicals 
into Australia  
• International Conventions - is responsible for implementing the domestic obligations of the 
Rotterdam Convention for industrial chemicals  and the Minamata Convention on Mercury for 
mercury with industrial uses . Australia's import decisions for industrial chemicals listed in 
Annex III of the Rotterdam Convention reflects the current regulatory stat us of that chemical 
in Australia. More information can be obtained from:  
https://www.industrialchemicals.gov.au/chemical -information/banned -or-restricted -
chemicals/chemicals -listed -rotterdam -and-stockholm -conventions/apply -annual -import -
authorisation -rotterdam -convention  
Rotterdam Convention - The importation of polychlorinated biphenyls (PCBs), and other substances 
obtained by chlorinating terphenyls (PCTs) and other polyphenyls, is prohibited under the provisions 
of the Customs Act 1901  and Prohibited Import (PI) Regulations unless the permission in writing of 
the responsible Minister is granted and presented at the time of importation. The permission must 
be issued in the name of the owner. It may include strict conditions as to the app lication, disposal 
and destruction of the industrial chemicals.  
Under the Industrial Chemicals (General) Rules 2019, the introduction and export of chemicals listed 
in sections 72 and 73 is prohibited without approval from the Executive Director, AICIS.  
Purposes and coverage of licensing  
2. Refer above for details of each licensing system and chemicals that are subject to each system 
under the IC Act.  
3. Chemical assessment and authorisation applies to the importation of industrial chemicals (as 
defined in  the IC Act) from all countries.  
4. International Conventions - The Rotterdam Convention applies to chemicals subject to the 
Convention originating in and coming from countries that are Parties to that Convention. T he purpose 
of the Rotterdam Convention is  to promote shared responsibility and cooperative efforts among 
Parties in the international trade of certain hazardous chemicals in order to protect human health 
and the environment from potential harm. Systems for chemicals covered by the Rotterdam 
Conve ntion apply to goods originating in and coming from countries that are Parties to that 
Convention. AICIS also authorises chemicals imported from countries which are not a Party to the 
Convention, for example tetraethyl lead. The licensing of chemicals cove red by the Rotterdam 
Convention is for the purpose of fulfilling Australia's obligations under that Convention. The monetary 
value is not a criterion for control.  
See section 34 for measures for mercury with industrial uses under   the Minamata Convention  
5. Chemical assessment and authorisation - the registration process and the control on the 
importation of other industrial chemicals are prescribed in the IC Act . 
Registration of introducers – the purpose of registering all introducers is a legislative req uirement 
under the IC Act. The risk from the importation of chemicals is borne by industry in the form of a 
charge based on the value of relevant industrial chemical imported/manufactured.  
International Conventions - the licensing of chemicals covered by the Rotterdam and Minamata 
Convention is for the purpose of fulfilling Australia's obligations under th ose Convention. The G/LIC/N/3/AUS/15  
 
- 37 - 
 
  monetary value is not a criterion for control. The control on importation of PCBs,  PCTs and 
polychlorinated polyphenyls is a statutory requirement under Regulation 4AB of the PI Regulations 
made under the Customs Act 1901 . The OCS administers the statutory scheme known as the AICIS, 
established under the IC Act.  
Procedures  
6. Not appli cable.   
7.(a)  Chemical assessment and authorisation – Required authorising instruments (e.g., assessment 
certificates) must be obtained before the chemical is introduced into Australia under the 
appropriate category for that chemical.   
International Conventions – for the importation of polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls application for a permit 
should be made in advance of the arrival of the goods.  
(b)  Chemical assessment and authorisation – assessment certificates are issued after an 
assessment is completed. Statutory timeframes apply to assessment applications, commercial 
evaluation authorisations and applications to vary an Inventory listing.   
International Conventions – for the importat ion of polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls permits cannot be issued 
immediately as they are only issued on the advice of the Department of Industry, Science  and 
Resources.  
For the remaining ch emicals listed on the Rotterdam Convention – within 20 business days as 
long as criteria are met.  
(c) All licencing may be issued throughout the year.  
(d) International Conventions – for the importation of polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls, a permit is issued by the 
Minister for Home Affairs on the advice of the Department of Industry, Science  and Resources. 
Permissions to import PCBs are normally granted by the Department of Home Affairs for  
research purposes. However, PCB waste may also be imported under the Hazardous Waste 
(Regulations of Exports and Imports) Act 1989, provided all the requirements of that Act have 
been met . For the remaining industrial chemicals listed on the Rotterdam Con vention, written 
approvals are issued by AICIS.  
8. International Conventions – for the importation of polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls an application for permission to 
import can be refused  on the discretion of the Minister for Home Affairs or an authorised person. 
There is no right of appeal against the Minister's decision. For the remaining chemicals listed in the 
Rotterdam Convention, and the import/export of mercury for industrial uses, approvals are issued 
by AICIS and if approval is not granted a person whose interests are affected may request the 
Executive Director to reconsider the decision. An application may be made to the Administrative 
Appeals Tribunal for a review of a reconsider ed decision.  
Eligibility of importers to apply for licence  
9.(a) Every person who introduces an industrial chemical in Australia must be registered.  
(b) All persons, firms and institutions are eligible to apply for permission to import provided 
statutory requirements outlined above are met.  
Documentation and other requirements for application for licence  
10. Chemical assessment and authorisation – a comprehensive list of documentation and other 
requirements required for this process can be found on the AIC IS website at G/LIC/N/3/AUS/15  
 
- 38 - 
 
  https://www.industrialchemicals.gov.au/getting_started/basics -importing -and-manufacturing -
chemicals .    
International Conventi ons – applications for permits to import polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls must be made in writing to the 
Minister for Home Affairs. The application should include the importer's name and ad dress and details 
of the goods to be imported.  
Applications for permission to import PCBs and PCTs can be made using the form available at: 
https://www.abf.gov.au/form -listing/forms/1530.p df.  
11. International Conventions – for the importation of polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls, the written permission of the 
Minister for Home Affairs is required to be produced on import. F or the remaining chemicals listed 
in the Rotterdam Convention, authorisation from AICIS is required to be in force at the time of 
importing the chemical.  
12. A comprehensive list of all AICIS fees and charges can be found on the AICIS website at 
https://www.industrialchemicals.gov.au/fees . 
International Conventions – There are fees for import approvals for chemicals listed in the Rotterdam 
Convention under the IC Act. The fees and charges a re available at: 
https://www.industrialchemicals.gov.au/fees . There are no fees for import or export approvals for 
mercury.  
13. There is no deposit or advance payment requirement associated with t he issue of licences.  
Conditions of licensing  
14. Registration of introducers - AICIS Registration is valid for one year commencing on 1 September 
and finishing on 31 August.  
International Conventions - Rotterdam Permits (granted by the Minister for Home A ffairs or an 
authorised person) apply to one consignment only.   
15.  There is no penalty for the non -utilisation of a licence or a portion of a licence under the IC Act.  
16. Registration of introducers - permits/licences are not transferable between importers.  
17. All authorisations to import the chemicals listed in the Rotterdam Convention can be subject to 
conditions including the quantity. Permission granted under Regu lation 4AB of the PI Regulations 
may specify conditions or requirements to be complied with by the holder of the permission.  
Other procedural requirements  
18. No.  
19. Not applicable.  
17  ROAD VEHICLES  
Outline of System  
1. Importation into Australia of road ve hicles is controlled under the Road Vehicle Standards Act 
2018 (the Act) and Road Vehicle Standards Rules 2019  (the Rules). The Act and the Rules 
commenced in full on 1 July 2021 and replaced the now repealed Motor Vehicle Standards Act 1989  
(MVS Act) and associated regulations and determinations.  G/LIC/N/3/AUS/15  
 
- 39 - 
 
  Purposes and coverage of licensing  
2. Under the Act, approvals are required to import road vehicles into Australia. (However, approvals 
are not required in circumstances where road vehicles are imported under cer tain International 
Conventions, where the importation is covered by certain Australian customs by -laws, and where 
the importation is of certain Australian Defence Force Road  vehicles.)  
The various approvals are described below.  
Road vehicles that are impor ted under road vehicle type approvals include vehicles that are fully 
compliant with national road vehicle standards or are substantially compliant where the                    
non-compliance is minor or inconsequential, sufficient to make the vehicles sui table for provision in 
Australia for use on a public road.  
Road vehicles that are approved for importation under concessional import arrangements are 
vehicles not otherwise available in Australia, or subject to other special circumstances, and which 
do not  or cannot meet the national road vehicle standards. These vehicles may have particular 
features such as being high performance, low emission, or having accessibility features, or they may 
be designed to perform particular specialised jobs that fully compl iant vehicles are not capable of 
performing while still fulfilling their intended purpose. Concessional import arrangements limit the 
quantity of road vehicles that can be imported into Australia by the holders of relevant approvals, 
where those vehicles a re personal effects or trailers. These quantity limits do not depend on the 
country from which these vehicles are imported into Australia. Road vehicles subject to concessional 
import arrangements are covered by 'concessional RAV entry approvals'.  
Road veh icles that are not, generally, to be used on a public road can also be approved for 
importation - for example, vehicles to be used in a race or rally, in testing and evaluation, or for 
public exhibition. These road vehicles are covered by 'non -RAV entry im port approvals'.  
Following the repeal of the MVS Act, approvals are available temporarily for certain vehicles to be 
imported into Australia. These approvals are 'transitional import approvals'. Arrangements for 
transitional import approvals limit the quan tity of certain used vehicles that can be imported into 
Australia by the holders of these approvals. These quantity limits do not depend on the country from 
which these vehicles are imported into Australia.  
Certain road vehicles that are outside Australia can be approved for reimportation into Australia. The 
relevant approvals are 'reimportation import approvals'.  
3. The requirement in the Act for an approval to import a road vehicle into Australia applies to the 
importation of all road vehicles from all co untries.  
4. A purpose of the Act is to set nationally consistent performance -based standards that road vehicles 
must comply with before being provided in Australia. Another purpose of the Act is to provide 
consumers in Australia with a choice of road vehic les that:  
-  meet safety and environmental expectations of the community;  
-  use energy conservation technology and anti -theft technology; and  
-  are able to make use of technological advancements.  
The Act aims to achieve these purposes by requiring app rovals to import road vehicles into Australia.  
5. The Act and the Rules are published on the  Federal Register of Legislation, accessible at 
https://www.legislation.gov.au/Details/F2022C004 21 
Legislative requirements for approvals are set out in the Rules. Controls on the import of road 
vehicles are statutory requirements and cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  G/LIC/N/3/AUS/15  
 
- 40 - 
 
  7.(a)  With the exception of applications for road vehicle type approvals, applications for approvals 
where there is no quantitative limit on importation are usually assessed within 30 business 
days. Applications for road vehicle type approvals are usually assessed within 60 business 
days. However, these timeframes will be longer if further information or an inspection is 
requested to assist in the assessment process.  
(b) Requests for immediate granting of approvals may be submitted for consideration, providing 
all statutory requiremen ts for applications are met.  
(c) There are no limitations on the period of the year for the submission of applications for 
approvals.  
(d) Applications for approvals are considered by the Department of Infrastructure, Transport, 
Regional Development , Commun ications  and the Arts . 
8. There are no circumstances under which applications for approvals are refused other than failure 
to meet the statutory criteria in the Rules. Reasons are provided to the applicant where a refusal is 
issued.  
Applicants may appeal a  refusal decision to the Administrative Appeals Tribunal. Alternatively, an 
appeal may be made in relation to the decision -making process itself under the Administrative 
Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9. Generally, all persons may apply for approval to import vehicles into Australia. As set out below, 
some approvals can only be applied for by particular persons, and the granting of some approvals 
is dependent on whether criteria that relate to the applica nt are met.  
(a) Not applicable.  
 
(b) Following the repeal of the MVS Act, approvals ('transitional import approvals') are available 
temporarily for certain unrestricted volume two -wheeled or three -wheeled vehicles. These 
transitional import approvals can only be applied for by holders of approvals granted under 
section 21B of the MVS Act that remain in force under the Consequential and Transitional 
Provisions Act.  
 
Under concessional import arrangements, a person can be approved to import into Australia 
a road veh icle that is to be imported as part of the person's personal effects. The eligibility 
criterion for the import of personal effects under these arrangements, set out in section 39 of 
the Rules, includes requirements that apply to the applicant. These requir ements include that, 
as at the date of the application for an approval, the applicant:  
 
o is entitled to remain in Australia indefinitely, or  
o has applied to become an Australian citizen or permanent resident, or for a visa that 
would allow the applicant to remain in Australia indefinitely, or   
o is the holder of a visa that entitles the applicant to apply to become a permanent 
resident, whether or not after a specified period or in specified circumstances.  
 
Following the repeal of the MVS Act, approvals ( 'transitional import approvals') are available 
temporarily for certain used vehicles. These transitional import approvals can only be applied 
for by holders of approvals granted under section 21B of the MVS Act that remain in force 
under the Consequential and Transitional Provisions Act 2018.  
Documentation and other requirements for application for licence  
10. Applications for concessional RAV entry approvals, non -RAV entry import approvals, and 
reimportation import approvals require applicant details, certain declarations, road vehicle details, 
as well as information about road vehicle use, compliance with applicable national road vehicle 
standards and information about whether the person who would be the approval holder has or may 
have contravened certain road vehicle legislation. The information and documents required in G/LIC/N/3/AUS/15  
 
- 41 - 
 
  particular applications will depend  on the particular circumstances. Application forms are electronic 
and can be accessed by registered users of the department's online application system – Road 
Vehicle Regulator 'ROVER'. ROVER is accessible at the website of the Department of Infrastructur e, 
Transport, Regional Development , Communications  and the Arts . 
Applications for road vehicle type approvals require applicant details, vehicle type details, details 
about relevant design and manufacturing facilities, information about the person's contro l over 
design and manufacturing of the relevant road vehicle type, as well as information about compliance 
with applicable national road vehicle standards and whether the person that would be the approval 
holder has contravened or may have certain road veh icle legislation. Application forms are electronic 
and can be accessed by registered users of the department's online application system – Road 
Vehicle Regulator 'ROVER'. ROVER is accessible at the website of the Department of Infrastructure, 
Transport, Re gional Development , Communications  and the Arts . 
Applications for transitional import approvals require applicant details, evidence that the applicant 
holds a valid import plate approval IPA (IPA) under the MVS Act, information and declarations to 
confirm the make and model of vehicle being imported and that it is covered by the terms of the 
IPA, evidence to confirm that the vehicle has been plated according to the requirements specified in 
the IPA, information to confirm the reasons for importing the vehic le, information to confirm its 
intended usage, and the importation date. The information and documents required in particular 
applications will depend on the particular circumstances. Application forms are electronic and are 
accessible to eligible applican ts through the Vehicle Import System (VIS). VIS is accessible at the 
website of the Department of Infrastructure, Transport, Regional Development and Communications.  
11. Importers must obtain approvals before a road vehicle can be imported into Australia.  Importers 
are advised not to ship their road vehicle to Australia without first obtaining an approval.  
12. Application fees must accompany applications for approvals. The application fee payable depends 
on the kind of application made. The amounts of the various application fees are set out in Part 10 
of the Rules.  
13. Not applicable.  
Conditions of licensing  
14. A road vehicle type approval remains in force for seven years, unless revoked earlier.  
A concessional RAV entry approval will specify the day tha t the approval comes into force, and the 
day (if any) that the approval expires. A transitional import approval will specify the day that the 
approval comes into force and, if the approval is for a specified period, the day that the approval 
expires. A non -RAV entry import approval will specify the day that the approval comes into force 
and, if the approval is for a specified period, the day that the approval expires.  
15.  There is no penalty for the non -utilisation of an approval or a portion of an approva l. 
16.  Approvals are not transferable between importers.  
17.(a) Not applicable . 
(b) Under the Rules, conditions set out in the Rules apply to approvals under concessional import 
arrangements to import into Australia a road vehicle that is to be imported as  part of the 
person's personal effects, approvals under concessional import arrangements to import into 
Australia a road vehicle that is a trailer, and transitional import approvals that are available 
temporarily for certain used vehicles. These approvals can also be subject to any additional 
conditions specified in the approvals.  
Other procedural requirements  
18. Administrative requirements of the Australian Border Force and the Department of Agriculture, 
Fisheries and Forestry must be met before a road ve hicle is imported into Australia.  
19. Not applicable.  G/LIC/N/3/AUS/15  
 
- 42 - 
 
  18  NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED CHEMICALS  
Outline of System  
1. Licences and permits are issued to control the import of specified narcotic drugs, psychotropic 
substances and related chemicals, including kava.  
Purposes and coverage of licensing  
2. This system fulfils part of Australia's obligation under three United Nations Conventions in relation 
to restricting the supply of controlled substances to that necessary to meet medi cal and scientific 
need and preventing diversion to the illicit drug market. The drugs covered are substances listed in 
Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations). The licensing 
system covers persons involved in intern ational trade of those substances listed in Schedule 4  of the 
PI Regulations , their derivatives, precursors and related substances. These include the drugs and 
chemicals required to be controlled under the Single Convention on Narcotic Drugs, 1961 , the 
Convention on Psychotropic Substances, 1971 , and Table I and Table II of the Convention against 
Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 . 
An exemption applies in the case of a drug that is imported by a passenger on a ship or aircra ft 
where the drug:  
(a): 
(i) is required for the medical treatment of the person or another passenger under the care 
of the person;  
(ii) was prescribed by a medical practitioner for the purpose of that treatment; and  
(iii) was supplied to the person in accordance with the prescription of the medical 
practitioner.  
(b): 
(i)  is required for the medical treatment of an animal that is being imported and is under 
the care of the person;  
(ii) was prescribed by a veterinarian for use in the animal for the purpo ses of that 
treatment; and  
(iii) was supplied to  the person in accordance with the prescription of the veterinarian.  
An exemption applies in the case of kava that is imported by a commercial entity for the purposes 
of sale as a food.  
Incoming passengers w ho are over the age of 18 years are allowed to bring 4kg of kava ( piper 
methysticum ) either in the root or dried form, other than a product listed or registered under the 
Therapeutics Goods Act 1989 , into Australia in their accompanied baggage.  
3. The syst em applies to importers of controlled substances from all countries.  
4. The use of import licences and permits enables the Government to restrict and monitor the 
quantities of controlled substances imported. This is intended to prevent the over -supply and 
diversion of controlled substances and is one strategy adopted to address drug misuse. The system 
is based on the requirements of the international treaties. The PI Regulations are not intended to 
restrict the quantity or volume of imports.  
5. The Customs Act 1901 (Customs Act) and the PI Regulations govern the importation of drugs. 
The licensing of importers is a statutory requirement under paragraphs 50(3) (a) and (b) of the 
Customs Act. The drugs subject to control are specified in Schedule 4 under Regul ation 5 of the PI 
Regulations. This system cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  G/LIC/N/3/AUS/15  
 
- 43 - 
 
  7.(a) There is no minimum advance notice required for a licence. However, stringent checks of 
applicants for licences are undertaken in order to issue a licence. Applications for an import 
permit should be made a minimum of 20 working days prior to import. Permits will only be 
issued to a licensed importer. Goods arriving at the port without a permit cannot be imported 
and retrospective  permits cannot be issued.  
(b) No. 
(c) No. 
(d) Import licences and import permits are both issued by the Department of Health  and Aged 
Care. When considering licence applications, State licence or legislative exception must be 
supplied at the time of apply ing for a licence to import, the company applying contacts the 
relevant State Authority. Other authorities may be contacted by the Department of Health and 
Aged Care to verify application details (for example, the Australian Border Force for personnel 
checks of the company applying). The applicant does not need to approach these authorities.  
8. An application may be refused for any of the following reasons:  
• The criteria are not met. These criteria require the importer to be a "fit and proper person" 
and mai ntain adequate security for storage.  
• If other permission is required but has not been obtained (for example, quarantine, State 
licences).  
A licence or permit may be revoked if the licence holder fails to comply with the conditions of the 
licence or permit.  
The affected person is notified in writing of any refusal or revocation. A request for review of the 
refusal can be made to the Australian Government Minister administering the Therapeutic Goods Act 
1989, within 90 days after the decision first com es into the importer's notice. In the case of the 
applicant being dissatisfied with the Minister's finding, an application for a review of the Minister's 
decision can be made to the Administrative Appeals Tribunal.  
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) Any person, firm or institution may apply for a licence. A licence shall not be granted unless 
the applicant is a fit and proper person to be granted a licence to import drugs and suitable 
security arrangements for the holding of drugs are in place. A licence is granted subject to 
conditions concerning use, sale and distribution of the substances. Import permits are  only 
issued to licence holders. State licence or legislative exception must be supplied at the time 
of applying for a licence to import.  Any person, firm or institution may apply for a license to 
import kava. If the kava is imported as a food only a comme rcial entity may apply.  
Documentation and other requirements for application for licence  
10. Applications for licences and permits must be submitted on either an "Application for a Licence 
to Import Controlled Substances" or "Application for a Permit to Im port Controlled Substances" 
respectively.  
The following information must be supplied for a licence application:  
• name of the applicant (person or organisation);  
• address of the premises on which the controlled substance will be held;  
• nature of the business ( e.g. pharmaceutical manufacture, chemical distribution, etc.);  
• classes of controlled substances to be held (e.g. narcotic drugs, psychotropic substances, 
precursor chemicals, laboratory standards, etc.);  
• details of licences held relating to the storage, ma nufacture or distribution of the substances;  
• details of any losses and/or thefts of controlled substances;  G/LIC/N/3/AUS/15  
 
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  • details of all persons who will have access to the controlled substances, including their 
positions and qualifications and specific background inform ation to enable a security check;  
• details of the security arrangements for the storage, distribution and handling of the 
substances;  
• details relating to the applicant's appointment of an agent (e.g. shipping agent, customs 
agent);  
• proposed importing activity for the period of the licence including drug names and proposed 
quantities.  
The following information must be supplied for a permit application:  
• importer's name and address;  
• overseas exporter's name and address;  
• product description (name , form and strength);  
• number and size of the packs;  
• quantity of drug;  
• proposed date of import;  
• where applicable, the name of the end user and the use of the end substance.  
A separate Permit to Import is required for every shipment of a controlled substance  and will not be 
issued unless a licence is already held. All permits must be obtained in advance of the controlled 
substance arriving in Australia.  
11. The import permit is the required document and, for some substances, the corresponding 
overseas export permit.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing  
14. Import licence validity can vary from six months to two years dependin g on the substances being 
imported. Import permits are usually valid for up to six months.  
15. No. However, if a licence holder has not used the licence during the year and applies for a 
renewal, the applicant may need to justify retention of the licence.  
16. Licences and permits are not transferable.  
17. For licences, conditions apply to the keeping of records and the reporting of movements. For 
permits, specific conditions may be endorsed on the permit, (for example for re -export only or for 
veterinary us e only).  
Other procedural requirements  
18. Importers of narcotic drugs, psychotropic substances and related chemicals for commercial 
supply should familiarise themselves with the requirements of the Therapeutic Goods Act 1989 in 
relation to the importation  of therapeutic goods for supply in Australia.  
19. Not applicable.  
19  OBJECTIONABLE GOODS  
Outline of System  
1. Import controls exist on publications and goods that have been 'Refused Classification' by the 
Classification Board or if unclassified, would likely be refused classification if submitted for 
classification from entering Australia. Material which is pro hibited under Regulation 4A, Importation 
of Objectionable Goods, of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) may G/LIC/N/3/AUS/15  
 
- 45 - 
 
  not be imported unless written approval has been granted from the Minister administering Part 2 of 
the Classification  (Publications, Films and Computer Games) Act 1995 (Cth)  (the responsible 
Minister) or by an authorised person; or the goods are being imported by an Australian police officer 
for the purposes of criminal investigation or law enforcement (including crimina l prosecution).  
Under sub -regulation 4A(2A) of the PI Regulations, the responsible Minister has appointed the 
Director and Deputy Director of the Classification Board as authorised persons to grant permissions 
to import.  
Purposes and coverage of licensing  
2. Objectionable goods include: computer games; computer generated images; films; interactive 
games; publications and any other goods that describe, depict, express or otherwise deal with 
matters of sex, drug misuse or addiction, crime cruelty, violence or  revolting or abhorrent 
phenomena in such a way that they offend against the standards of morality, decency and propriety 
generally accepted by reasonable adults to the extent that they should not be imported.  
The goods may also be considered objectionable  if the goods describe or depict in a way that is likely 
to cause offence to a reasonable adult, a person who is, or who appears to be, a child under 18 
(whether the person is engaged in sexual activity or not). The goods may also be considered 
objectionab le if they promote, incite or instruct in matters of crime or violence, or promote or incite 
the misuse of a drug specified in Schedule 4 of the PI Regulations. The goods may be considered 
objectionable if they advocate the doing of a terrorist act. Withou t limiting the  above, computer 
games classified RC (Refused Classification) under the Classification (Publications, Films and 
Computer Games) Act 1995  are also considered objectionable goods.  
3. The regulations apply to the importation of goods from all co untries.  
4. The importation of these goods is regulated as a community protection measure. Goods included 
are considered to be detrimental to the well -being of the community. The PI Regulations are not 
intended to restrict the quantity or value of imports.  
5. The control on importation of the specified goods is a statutory requirement under Regulation  4A 
of the PI Regulations made under the Customs Act 1901 . The system cannot be abolished without 
legislative approval.  
Procedures  
6. Not applicable.  
7.(a) Requests for permission to import  should be made in advance of arrival of the goods. Requests 
to the Director or Deputy Director of the Classification Board generally take up to 20 working 
days to process assuming the person requesting the permission has pro vided sufficient 
information to allow a decision to be made. Requests may be made if goods land and are 
seized by the Australian Border Force. This may happen when a person inadvertently fails to 
apply in advance or does not realise the goods would be proh ibited. The same processing time 
applies, and the Australian Border Force will delay destruction of the goods once they are 
notified a request for permission has been made. If the permission to import is refused or 
granted subject to conditions the person  will be notified of the decision in writing.  
(b) No.  
(c) Permits may be issued at any period of the year.  
(d) A request for permission to import can be refused, or granted subject to conditions, on the 
discretion of the responsible Minister, or a person a uthorised by the responsible Minister. 
Australian Border Force is responsible for determining whether goods are "objectionable" at 
the border and may apply for classification if the good is a publication, film or computer game 
as defined in the Classificat ion (Publications, Films and Computer Games) Act 1995 . G/LIC/N/3/AUS/15  
 
- 46 - 
 
  8. Where an application is refused, or granted subject to conditions, application for review of this 
decision may be made to the Administrative Appeals Tribunal (AAT), and except where 
subsection  28(4)  of the Administrative Appeals Tribunal Act 1975  applies, the applicant may request 
a statement of reasons for the decision. The  responsible Minister may certify in writing that in the 
public interest the responsibility for permission or refusal should remain solely with the responsible 
Minister and should not be reviewable by the AAT. The certificate must include a statement of the 
grounds on which the certificate was issued.  
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import.  
Documentation and other requirements for application for licence  
10. For permission to import applications must be made in writing to the responsible Minister or an 
authorised person (the Director, or Deputy Director of the Classification Board). The application 
should include the following information:  
• importer's name a nd address;  
• details of the goods to be imported;  
• quantity and distribution (end use);  
• the purposes for which the goods are to be imported;  
• explanation and evidence of the extent to which the person to whom permission would be 
granted conducts activities of an artistic, educational, cultural or scientific nature to which the 
goods relate;  
• evidence of the reputation of the person both in general and in relation to the activities 
described above; and  
• explanation of the person's ability to meet any  conditions that may be imposed in relation to 
the goods under sub -regulation 3 (i.e., custody, use, reproduction, disposal, destructions, 
exportation or accounting for the goods).  
• any other relevant matters.  
11. Proof of authorisation is required on impor tation.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing  
14. Permits apply to one consignment only.  
15. There is no penalty for the  non-utilisation of a permission or a portion of a permission.  
16. Licenses are not transferable between importers.  
17. Conditions may be applied regarding the custody, use, reproduction, disposal, destruction or 
exportation of the imported goods or with r espect to accounting for the goods for the purpose of 
ensuring that the goods are not used otherwise than for the purposes for which permission was 
granted.  
Other procedural requirements  
18. No.  
19. Not applicable.  G/LIC/N/3/AUS/15  
 
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  20  ORGANOCHLORINE CHEMICALS  
Outline of Syst em 
1. The importation of certain organochlorine chemicals (OCs) as listed in Schedule 1 of the 
Agricultural and Veterinary Chemicals (Administration) Regulations 1995 and Schedule 9 of the 
Customs (Prohibited Imports) Regulations 1956 is prohibited unless written permission, either from 
the Minister responsible for the Commonwealth Department of Agriculture , Fisheries and Forestry  
(DAFF) or an authorised officer, is provided to the Australian Border Force (ABF) at the time of 
importation. An authorised offi cer means an officer of the DAFF who is authorised in writing by the 
relevant Minister for the purposes of this regulation.  
Purposes and coverage of licensing  
2. OCs were once commonly used in agriculture and industry; however, they have since been found 
to produce harmful effects on animals, people and the environment. The OCs subject to Australian 
import controls includes OCs controlled under domestic legislation and persistent organic pollutants 
that are listed under Schedule 1 of the Agricultural and Ve terinary Chemicals (Administration) 
Regulations 1995. Schedule 1 is amended from time to time, to, inter alia, to reflect the Australian 
Government's ratification of decisions made by the Conference of the Parties to the Stockholm 
Convention on Persistent Organic Pollutants (Stockholm Convention).  
3. For OCs subject to domestic regulation import controls apply to all countries. For the OCs listed 
in Schedule 1 of the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 as 
Stockholm Conven tion import controls apply to Parties to this Convention.  
4. The importation of these chemicals is regulated as a community protection measure. These 
chemicals are considered to be generally persistent in the environment, relatively toxic and 
bio-accumulative. OCs listed in the Agricultural and Veterinary Chemicals (Administration) 
Regulations 1995 are intended to restrict imports, unless they are for uses or purposes allowed 
under the Stockholm Convention (e.g., specific exemption, acceptable purp ose, laboratory -scale 
research, reference standard or environmentally sound disposal).  
5. The control on importation of the specified goods is a statutory requirement under Agricultural 
and Veterinary Chemicals (Administration) Regulations 1995 and Regulat ion 5I of the Customs 
(Prohibited Imports) Regulations 1956 made under the Customs Act 1901 . The system cannot be 
abolished without legislative approval.  
Australia is a Party to the Stockholm Convention and these import controls are required of all Parties . 
Australia would need to withdraw from the Convention in order to abolish these import controls.  
Procedures  
6. Not applicable, as no organochlorine chemicals are restricted on the basis of either the quantity 
or value of imports.  
7.(a) Application should be made in advance of arrival of the goods. However, if the chemicals have 
arrived without a permit, the Australian Border Force may hold the shipment until a decision 
concerning an application is made.  
(b) Permits are not normally issued immediately. Appl ications for permits are made to the 
Department of Agriculture , Fisheries and Forestry  and normally processed within five business 
days.  
(c) No, permits may be issued at any period of the year.  
(d) Permits are issued by the DAFF and are presented by the importer to the ABF at the time of 
importation.  
8.  Application for permission to import can be refused at the discretion of the Minister for Agriculture. 
Reasons for refusal would be explained to applicants. There is no right of appeal against the G/LIC/N/3/AUS/15  
 
- 48 - 
 
  Minister's decision. However, an appeal may be made on the decision -making process itself under 
the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons,  firms and institutions are eligible to apply for permission to import.  
Documentation and other requirements for application for licence  
10. For permission to import, applications must be made in writing to the relevant Minister or 
authorised officer at http://www.agriculture.gov.au/ag -farm-food/ag -vet-chemicals/stockholm -
rotterdam . The application should include the following information:  
• importer's name and address; and  
• details of the goods to be imported including the appropriate international codes, quantity, 
intended use, exporting country, date of import.  
11. The written permission of the Minister or authorised officer is required to be produced on import.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
Condi tions of licensing  
14. Permits usually apply to one consignment only, typically valid for three months but may be 
extended given sufficient justification.  
15. There is no penalty for the non -utilisation of a license or a portion of a license.  
16. Licenses are not transferable between importers.  
17. Permission granted under Agricultural and Veterinary Chemicals (Administration) 
Regulations  1995 and Regulation 5I of the Customs (Prohibited Imports) Regulations 1956 may 
specify conditions or requireme nts to be complied with by the holder of the permission, such as the 
use of the chemical (e.g., as a reference standard or for laboratory -scale experiment only). If the 
holder of the permission fails to comply with a condition or requirement the Minister m ay revoke the 
permission.  
Other procedural requirements  
18. No.  
19. Not applicable.  
Further information can be found at https://www.agriculture.gov.au/ag -farm-food/ag -vet-
chemicals/stockholm -rotterdam . 
21  OZONE -DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE GASES  
Outline of System  
1. Australia manages its obligations under the Montreal Protocol on Substances that Deplete the 
Ozone Layer for ozone depleting substance s and hydrofluorocarbons (HFCs)  and, for synthetic 
greenhouse gases other than HFCs, the United Nations Framework Convention on Climate Change 
(UNFCCC), through the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 . G/LIC/N/3/AUS/15  
 
- 49 - 
 
  The import, export and m anufacture of the ozone depleting substances - chlorofluorocarbons, 
halons, carbon tetrachloride, methyl chloroform, bromochloromethane and methyl bromide (for 
non-quarantine and pre -shipment use) is prohibited under the Montreal Protocol except where an 
essential or critical use exemption has been granted by the parties to the Montreal Protocol. The 
phase out of ozone depleting hydrochlorofluorocarbons (HCFCs) under the Montreal Protocol is 
almost complete. Control measures for HFCs under the Kigali Agreem ent to the Montreal Protocol 
commenced on 1  January  2019 to phase -down the production and import of HFCs.  
Australia's Montreal Protocol obligations are implemented through licensing controls and quota 
restrictions on HCFCs and HFCs, and licensing of imports of methyl bromide. A licence is required to 
import equipment containing HFCs. The import of equipment containing HCFCs is prohibited except 
in certain limited circumstances when an import licence may be granted.  
Australia controls the import and ma nufacture of other synthetic greenhouse gases 
(perfluorocarbons, sulphur hexafluoride and nitrogen trifluoride) in accordance with its obligations 
under the Kyoto Protocol of the UNFCCC. A licence is required to import, export and manufacture 
synthetic gre enhouse gases and to import products containing synthetic greenhouse gases.  
Purposes and coverage of licensing  
2.  The requirements of the licensing system are:  
• Controlled substances : 
o import, export or manufacture of bulk methyl bromide, with the quantity of methyl 
bromide permitted to be imported for non -quarantine and pre -shipment fumigations 
limited to the quantity approved by the Montreal Protocol;  
o import, export or manufacture of bulk HCFCs and HFCs, with import quotas set in line 
with Montreal  Protoco l phase -out obligations and Australia's domestic policy to 
accelerate phase -out of HCFCs and phase -down of HFCs;  
o import, export or manufacture  of bulk perfluorocarbons, sulfur hexafluoride and 
nitrogen trifluoride, with no restrictions on quantity.  
• Essenti al use: 
o import, export or manufacture of bulk hydrochlorofluorocarbons, chlorofluorocarbons, 
halons, carbon tetrachloride, methyl chloroform and bromochloromethane approved for 
essential use by the parties to the Montreal Protocol.  
• Used substances:  
o import and export of bulk used chlorofluorocarbons, halons, carbon tetrachloride, 
methyl chloroform, bromochloromethane, methyl bromide, hydrochlorofluorocarbons , 
hydrofluorocarbons, perfluorocarbons, sulphur hexafluoride and nitrogen trifluori de; 
• Equipment licences:  
o Import of pre -charged equipment containing synthetic greenhouse gases. The import 
of some equipment is restricted. The import of equipment containing ozone depleting 
substances is prohibited except in certain limited circumstances w hen a licence may be 
granted. Importers who import up to 25kgs of synthetic greenhouse gas (HFCs, 
perfluorocarbons, sulphur hexafluoride and nitrogen trifluoride) in equipment in a 
calendar year do not need an equipment licence.  
Licence conditions and repo rting requirements apply in relation to all licences issued.  
The import and manufacture of equipment that contains or is designed to operate solely on an HCFC 
is prohibited under the legislation, except in certain circumstances when an equipment licence ma y 
be granted. Exemptions apply to:  G/LIC/N/3/AUS/15  
 
- 50 - 
 
  • importing replacement parts for HCFC refrigeration or air conditioning equipment (this does 
not include a complete or substantially complete indoor or outdoor unit of a split system air 
conditioner);  
• importing equipment i nsulated with foam manufactured with HCFC;  
• the equipment is incidental to the main import, and it is impractical to remove or retrofit the 
equipment (for example equipment incorporated into a large boat or drilling rig);  
• the equipment is essential for medi cal, veterinary, defence, industrial safety or public safety 
purposes, and no practical and effective alternative exists;  
• the equipment is for use in conjunction with the calibration of scientific, measuring or safety 
equipment; or,  
• the equipment is for te st, monitoring, or laboratory and analytical use where there is no 
practical and effective alternative to that equipment.  
Exemptions from licensing requirements apply in limited circumstances for the import or 
manufacture of certain products containing syn thetic greenhouse gases. Exemptions have been 
approved for metered dose inhalers and imported foam products.  
3. The system applies to goods from all countries, with restrictions applying to trade of ozone 
depleting substances with countries that are not pa rty to the Montreal Protocol.  
4. The licensing system implements Australia's legal obligations under the Montreal Protocol. As well 
as limits on production and consumption of ozone depleting substances and HFCs leading to eventual 
phase -out or phase -down, the Montreal Protocol requires the establishment of a licensing and quota 
system.  
5. The legislation under which licences are maintained includes:  
• Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 ; 
• Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995;  
• Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995 ; 
• Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995;  
• Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulat ions 2004;  
• Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Regulations 2004.  
Licensing is a legislative requirement. It is an offence to import, export or manufacture a scheduled 
substance without a licence.  
The legislation does not leave designation of products to administrative discretion. All substances 
that require licences are specified in a schedule to the legislation. No other substances require 
licensing under this legislation.  
Importation of ozone depleting substances and synthetic  greenhouse gases and equipment 
containing these substances is prohibited under provisions of the Customs Act 1901  and the PI 
Regulations unless a licence has been obtained or the goods are exempt from licensing requirements.  
Procedures  
6. The quantity of controlled ozone depleting substances and HFCs that can be imported into 
Australia is limited through the Montreal Protocol. These limits and the quota system are also 
outlined in the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 . There  is no 
import limit on other synthetic greenhouse gases.  
I. Information on licences is published in customs notices, trade journals, on the Australian 
Government Department of Climate Change, the Environment and Water (DCCEEW) website  
and in an Australian database for business. The D CCEEW  directly with holders of exist ing 
licences and new applicants. There are no quotas on amounts to be imported from specific 
countries, but imports and exports of ozone depleting substances, and HFCs when the 
Montreal Protocol trade provisions commence in 2033, must be from countries tha t are Parties 
to the Montreal Protocol and its relevant amendments. The legislation does not provide for 
any exception or derogation from licensing requirements.  G/LIC/N/3/AUS/15  
 
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  II.  Licences for import of controlled substances, used substances and pre -charged equipment a re 
issued for two years. Fixed end dates apply to controlled substances and used substances 
licences, while pre -charged equipment licences are valid for two years from the date of issue. 
Most controlled substance licences for an ozone depleting substance a nd HFCs specify the 
amount permitted to be imported or manufactured during the licence period. Essential use 
licences are issued annually. Each licence specifies the maximum amount and type of 
substance to be imported for the entire duration of the licence . 
 HCFC and HFC import quotas are based on the total annual consumption (i.e. production plus 
imports, minus exports) limit under the Montreal Protocol, adjusted for Australia's accelerated 
phase -out and phase -down policy as applicable. Individual HCFC and  HFC import quotas are 
based on past imports. There is provision for limited HFC quota allocation for new entrants.  
III.  Australia has no domestic manufacture of ozone depleting substances and synthetic 
greenhouse gases. All HCFC and HFC quota holders are  importers of substances. Any company 
wishing to manufacture these substances in Australia would be subject to the same licensing 
and quota requirements as importers.  
Unused quotas are not added to those of the succeeding period as limits under the Montrea l 
Protocol and domestic legislation are not cumulative. The names of Australian importers are 
available to the public on the DCCEEW  website.  
IV. Licence applications may be made at any time. The DEECCW  will seek licence reapplications 
for a new licence per iod up to six months prior to the commencement of the licence period.  
Consideration of a licence application may take up to 60 days. The Ozone Protection and 
Synthetic Greenhouse Gas Management Act 1989 provides that if after 60 days the Minister 
or delega te has not granted a licence or sought more information, the application is deemed 
to be refused, unless a formal request for additional information has been made. A request 
for more information provides 60 days from the date the information is received fo r the 
application to be granted or refused. If it is not granted in this period it is deemed to be 
refused.  
V.  See IV above.  
VI.  Licences can be granted at any time before or during a licence period.  
VII.  The authority to grant or refuse licences lies w ith the Minister for the Environment. This power 
has been delegated to certain officers in the DCCEEW . Applicants need only apply to the 
DCCEEW.  
VIII.  There is no limit to the number of licences that can be issued under the Ozone Protection and 
Synthetic Greenhouse Gas Management Act 1989 . The quantity of ozone depleting substances 
and HFCs that can be imported is limited under the Montreal Protocol and the Ozone Protection 
and Synthetic Greenhouse Gas Management Act 1989 . HCFC and HFC imports are managed 
through a quota system, based on past imports. There is provision for HFC quota allocation 
for new entrants.  
IX.  Not applicable.  
X.  Not applicable.  
XI.  Not applicable.  
7. Not applicable.  
8. A licence may be refused if the applicant does not meet ordinary criteria. Where applications are 
refused, applicants will be given the reasons for such refusal on request. An applicant may apply to 
the Administrative Appeals Tribunal for a review of the d ecision not to approve a licence. 
Alternatively, an appeal may be made on the decision -making process itself under the Administrative 
Decisions (Judicial Review) Act 1977.  G/LIC/N/3/AUS/15  
 
- 52 - 
 
  Eligibility of importers to apply for licence  
9.(a) Noting the quota restrictions fo r HCFC and HFC imports, all persons, firms and institutions are 
eligible to apply for licences.  
(b) Not applicable.  
Documentation and other requirements for application for licence  
10. Controlled Substance, Essential Use, Used Substance and Pre -charged Equ ipment application 
forms are available on the DCCEEW  website at: Import and export licences . 
11. Upon importation, an importer must present standard customs  documentation along with a valid 
licence issued under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 . 
12. Licence application fees are charged. Fees are: Controlled substances - $15,000; Essential Use 
- $3,000; Used Substance - $15,000; and Pre -charged Equipment - $3,000.  
In addition, licence holders are required to pay a six -monthly activity fee: HCFC - $3,000 per ODP 
(Ozone Depleting Potential) tonne; Methyl Bromide - $135 per metric tonne; synthetic greenhouse 
gases - $165 per met ric tonne.  
13. There is no deposit or advance payment requirement associated with the issue of licences.  
Conditions of licensing  
14. Licences are valid for the licence period and cannot be extended.  
15. There is no penalty for the non-utilisation of a licence or a portion of a licence.  
16. Yes. Transferee must be a fit and proper person to be a licence holder. A joint application by the 
transferor and transferee is made to the Department of Agriculture, Water and the Environment.  
17. Licensees are not permitted to trade in ozone depleting substances with non -parties to the 
Montreal Protocol. General conditions of the licence are that the licensee must have arrangements 
in place to manage their product at its end of life, generally th rough a product stewardship scheme; 
and must provide six -monthly activity reports and pay the appropriate import levy, as per the Ozone 
Protection and Synthetic Greenhouse Gas Management Act 1989 . 
Conditions may also apply to the purpose to which the impor ted substance is to be applied if its 
import has been approved for a specific purpose through the Montreal Protocol.  
Other procedural requirements  
18. No.  
19. Not applicable.  
22  PLASTIC EXPLOSIVES  
Outline of System  
1. The importation of plastic explosives is generally prohibited under provisions of the Customs Act 
1901, the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) and the Criminal Code 
Act 1995 (Cth) (Criminal Code). Importation is lawful if the  Minister for Home Affairs (the Minister) 
has issued a permit under the PI Regulations and, if applicable, an authorisation is provided under 
the provisions of the Criminal Code. The Criminal Code regime fulfils part of Australia's obligation 
under the United Nations Convention on the Marking of Plastic Explosives for the Purpose of 
Detection (Montreal, 1991) (the Convention).  G/LIC/N/3/AUS/15  
 
- 53 - 
 
  Purposes and coverage of licensing  
2. The goods covered are plastic explosives. Different requirements apply depending on whether 
plastic explosives are "marked" with a chemical marker specified in the Criminal Code.  
3. The Department of Home Affairs and state and territory import licensing and permissions systems 
apply to importers of plastic explosives from all countries, regardless of whether the explosives are 
marked.  
The Criminal Code requirements apply to both imported and domestically produced explosive 
products from all countries. That authorisation scheme applies to importers of plastic explosives that 
are not marked.  
4. The PI  Regulations are not intended to restrict the quantity or volume of imports. There are no 
restrictions in relation to the quantity or value of imports of unmarked plastic explosives under the 
Criminal Code regime. However, in exercising power to grant an a uthorisation, the Minister for Home 
Affairs may have regard to whether the import of unmarked plastic explosives is reasonable.  
5. The control of plastic explosives is a statutory requirement under Regulation 4AA of the PI 
Regulations made under the Custom s Act 1901. The control cannot be abolished without legislative 
approval. The provisions requiring Authorisation to be obtained for certain dealings with unmarked 
plastic explosives under the Criminal Code cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.    
7.(a) No specific timeframe. However, it is recommended that the application forms are completed 
and submitted at least six weeks before the goods' expected arrival in Australia.  
In addition, the importer must provide the St ate or Territory Permit or Licence to import plastic 
explosives on the Application for Permission to import plastic explosives form and on the 
Manufacturers Certificate, relevant to the Home Affairs and Criminal Code regimes 
respectively. In the case of un marked plastic explosives, an Application for Authorisation to 
import unmarked plastic explosives should be lodged with the Department of Home Affairs 
before seeking permission to import.  
(b) A permit to import would not normally be granted immediately as some conditions must be 
fulfilled. Checking of applicants' suitability to hold a permit generally takes some time and 
therefore permits cannot generally be issued immediately upon request.  
An Application for an Authorisation under the Criminal Code regime must be submitted to the 
Department of Home Affairs for consideration and, if the Application is approved, an 
instrument of authorisation is executed and provided to the applicant. The process may take 
approximately two to three weeks.  
(c) No. 
(d) Granting  permission for the importation of plastic explosives involves state and territory 
licensing authorities, and the Department of Home Affairs. Authorisations and Permissions to 
import unmarked plastic explosives and Permissions to import marked plastic expl osives are 
granted by the Minister or an authorised officer.  
8. Unless otherwise stated, the regulations allow the Minister to consider whatever he or she believes 
necessary in forming a view as to whether or not to grant a permit. An import permit issued by the 
Minister,  or an authorized person may be revoked if the permit holder engages in conduct that 
contravenes a condition or requirement of the permission.  
An authorisation to import unmarked plastic explosives may be refused by the Minister if he or sh e 
considers that the proposed importation is unreasonable and/or considers that the authorisation 
ought not be granted having regard to such matters as he or she considers relevant. An application G/LIC/N/3/AUS/15  
 
- 54 - 
 
  may be made to the Administrative Appeals Tribunal for revi ew of the Minister's  decision to refuse 
to grant an Authorisation or the Minister's decision to specify a condition or restriction in an 
Authorisation made under section 72.18(1) (authorisation for research), section 72.19(1) 
(authorisation for defence and  police purposes), section 72.20(1) (authorisation for use of existing 
stocks) or section 72.21(2) (authorisation for manufacturers).  
The Minister or his or her authorised officer would be required to give reasons for refusing to grant 
an Authorisation. If  the Minister's decision is affected by jurisdictional error or error of law, it is 
susceptible to judicial review under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) Any pe rson, firm or institution may apply for a permit. A permit shall not be granted unless 
the applicant is a fit and proper person to be granted a permit to import plastic explosives. 
Individuals, institutions, or corporations are eligible to apply for an aut horisation to import 
unmarked plastic explosives.  
Documentation and other requirements for application for licence  
10.  In order to import unmarked plastic explosives importers will need to complete:  
• an application for authorisation to either manufacture, possess, traffic in, import or export 
unmarked plastic explosives;  
• an application for permission to import unmarked plastic explosives; and  
• a manufacturers certificate.  
In order to import marked plastic explosives importers will need to comple te: 
• an application for permission to import marked plastic explosives, and  
• a manufacturers certificate.  
A state or territory licence or permit must be obtained before the Minister can  authorise  the 
importation of plastic explosives and before the plastic e xplosives arrive in Australia. If the 
permission to import plastic explosives (and authorisation if the plastic explosives are unmarked) is 
obtained from the Minister, a permit number will be issued. This permit number must be presented 
to the Department o f Home Affairs at the time of lodging an import declaration.  
Further information, including relevant documents required to lodge an application for permission to 
import, is available at https://www.abf.gov.au/importing -exporting -and-manufacturing/prohibited -
goods/list -of-items .  
11. A state or territory import licence or permit is required on actual importation of marked or 
unmarked plastic explosives. In addition to the state or territory licence or permit, additional 
documentation must be completed as specified in response to question (10) above.  
12. A state or territory import licence or permit is required on actual importation of marked o r 
unmarked plastic explosives. In addition to the state or territory licence or permit, additional 
documentation must be completed as specified in response to question (10) above.  
13. No deposit or advance payment is required. No deposit or advance payment  is associated with 
the issue of permissions or authorisations by the Minister.  
Conditions of licensing  
14. The Minister may issue an authorisation for the importation of unmarked explosives for defence 
or police purposes until 25 August 2022. Existing aut horisations cannot be extended. If an existing 
user wishes to engage in an activity other than one which is covered by the terms of an existing 
authorisation, a new application must be made.  G/LIC/N/3/AUS/15  
 
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  15. There is no penalty for non -utilisation of a permit. However,  if a permit holder has not used the 
permit during the year and applies for a renewal, the applicant may need to justify retention of the 
permit. There is no penalty for non -utilisation of an authorisation issued by the Minister.  
16. Permits and authorisat ions issued by the Department of Home Affairs are not transferable and 
apply only to those applicants to whom the authorisation was initially granted.  
17.(a) Not applicable.  
(b) The importation of unmarked plastic explosives (which are not subject to quant itative 
restriction) may be subject to such conditions and restrictions as the Minister may specify in 
the authorisation. Such conditions may include a requirement that future stocks of unmarked 
plastic explosives be purchased only from a specified source and/or that the applicant inform 
the Department of Home Affairs of any additional consignments of unmarked plastic explosives 
acquired following the grant of an Authorisation.  
Other procedural requirements  
18. No.  
19. Not applicable.  
Weblinks to the releva nt Acts and Regulations are as follows : 
• Criminal Code Act 1995 : https://www.legislation.gov.au/Details/C2021C00360  
• Customs Act 1901 : https://www.legislation.gov.au/Details/C2021C00307  
• Customs ( Prohibited  Imports) Regulations 1956: 
https://www.legislation.go v.au/Details/F2021C00545  
• United Nations Convention on the Marking of Plastic Explosives for the Purpose of Detection 
(Montreal, 1991): https://treaties.un.org/Pages/DB.as px?path=DB/studies/page2_en.xml   
 
23  RADIOACTIVE SUBSTANCES  
Outline of System  
1. The importation of radioactive substances and goods containing radioactive substances is 
prohibited under the provisions of the Customs Act 1901 and Customs (Prohibited Imports) 
Regulations 1956 (PI Regulations) unless the permission in writing is granted by the Australian 
Minister for Health, the CEO of the Australian Radiation Protection and Nuclear Safety Agency 
(ARPANSA) appointed in writing by the Minister, or an Australian Public Service employee assisting 
the CEO appointed in writing by the Minister as an authorised officer, and presented to the Australian 
Border Force at the time of importation. In order for a permit to be considered, the entity taking 
possession of the sources, including the recipient/s, must hold a valid and current radiation licen ce 
to possess, sell or store radioactive substance, where required. The Radiation Licence is obtained 
from the relevant Commonwealth, state or territory radiation regulatory control authority where 
required.  
Purposes and coverage of licensing  
2. The goods covered include any radioactive material or substance including radium, any radioactive 
isotope or any article containing any radioactive material or substance.  
3. The PI Regulations apply to the importation of radioactive substances from all countries.  
4. The importation of radioactive substances is regulated as a community protection measure and 
to comply with Australia's international obligations under the Basel Convention on the Control of 
trans-boundary Movements of Hazardous Wastes . The PI Regulations  are not intended to restrict 
the quantity or volume of imports.  G/LIC/N/3/AUS/15  
 
- 56 - 
 
  5. The control on importation of the specified goods is a statutory requirement under Regulation  4R 
of the PI Regulations made under the Customs Act 1901 . The system cannot be abolished witho ut 
legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  Application should be made in advance of the arrival of the goods.  
(b) Permits to import are granted when it is established that the recipient/s taking possession of 
the radioactive substances have obtained the required radiation Licence, where required, from 
the relevant Commonwealth, State or Territory radiation control authority. For the import of 
radioactive substances, the relevant Commonwealth, State or Territory radiation contr ol 
authority is advised of the application for permission to import.  
(c) Permits may be issued at any period of the year.  
(d)  A permit is issued by the Minister for Health, the CEO of ARPANSA or an Australian Public 
Service employee assisting the CEO appo inted in writing by the Minister as an authorised 
officer. Applications to import radioactive materials or articles containing radioactive materials 
must be made to ARPANSA on Form ARPANSA 20, "Application for Customs Prohibited Import 
Release for Medical Radioisotopes", or on ARPANSA -FORM -1704, "Application for Permission 
to Import Non -Medical Radioactive Substances" or on ARPANSA -FORM -1705, "Application for 
permission to import non -medical radioactive substances - Twelve -month permit". These 
forms, and in structions for completing the forms, are available on the ARPANSA website 
(https://www.arpansa.gov.au/regulation -and-licensing/licensing/import -export -permi ts). 
Before submitting an application for permission to import, the recipient/s taking possession of the 
radioactive substance must hold a valid Radioactive Substances Licence, where required, from the 
relevant Commonwealth, State or Territory radiation co ntrol authority. The licence number and 
licence details must be stated on the application form.  
8. Application for permission to import can be refused on the discretion of the Minister for Health. 
There is no right of appeal against the Minister's decision . However, an appeal may be made on the 
decision -making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible t o apply for permission to import  
Documentation and other requirements for application for licence  
10. For permission to import, applications must be made in writing to ARPANSA on the appropriate 
form available on the ARPANSA website: https://www.arpansa.gov.au/ . The application should 
include the following information on the permit application form:  
• Applicant's name and address;  
• end users name and address;  
• storage premises details  
• details of the radioactive substa nce; 
• details of the goods to be imported; and  
• details of the Radioactive Substance Licence.  
Application forms are available on the ARPANSA Website ( https:// www.arpansa.gov.au/regulation -
and-licensing/licensing/import -export -permits ). 
11. The written permission from the Minister of Health, or an authorised officer, an approved signed 
import permit, is required to be produced on import.  G/LIC/N/3/AUS/15  
 
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  12. ARPANSA has an admin istrative charge for the granting of a single shipment permit, and for the 
granting of a Twelve -Month Permit as per the charge fee structure on the ARPANSA website: 
https://www.arpansa.gov.au/regulation -and-licensing/licensing/import -export -permits . 
13. There is no deposit or advance payment requirement associated with the issue of permits.  
Conditions of licensing  
14. Permits for the importation of medical or non -medical radioisotopes may apply to one 
consignment only or may apply for a number of importations for a specified twelve -month period 
(Twelve Month Permit). Twelve -Month Permits are issued for the importation o f radiopharmaceutical 
drugs registered on the Australian Register for Therapeutic Goods (ARTG) and for low hazard 
radioactive materials. The holder of a 12 Month Permit is required to confirm that the distributor 
requesting the product(s) holds an appropri ate radiation licence or is exempt from radiation 
licensing. A single shipment permit is valid for six months.  
15. There is no penalty for the non -utilisation of a permit or a portion of a permit.  
16. Permits are not transferable between importers or perm it applicants.  
17.(a) Not applicable.  
(b) Permission granted under Regulation 4R of the PI Regulations may specify conditions or 
requirements to be complied with by the holder of the permission.  
All forms and requirements for import of radioactive substanc es can be found on the ARPANSA 
website at https://www.arpansa.gov.au/regulation -and-licensing/licensing/import -export -permits . 
Other procedural requirements  
18. No.  
19. Not applicable.  
24  ROUGH DIAMONDS  
Outline of System  
1. Australia is a participant to the Kimberley Process (KP) and the Kimberley Process Certification 
Scheme (KPCS). Australian legislation implements our obligations under this international 
agreement.  
The importation of rough diamonds is prohibited under regulation 4MA of the Customs (Prohibited 
Imports) Regulations 1956 unless the diamonds are transported in a tamper -proof container, 
exported from a country that is a participant of the KPCS, and  accompanied by a valid KP Certificate. 
KP Certificates are issued by the relevant export authority in the country exporting the goods to 
Australia. An original and valid KP Certificate must be presented to the Australian Border Force (ABF) 
at the time of importation.  
The importer must retain the original KP Certificate for a period of five years after the time of 
importation. The certificate must be made available to the Department of Industry, Science  and 
Resources (DISR) if requested.  
The Department of F oreign Affairs and Trade is Australia's lead Policy KP Focal Point, the ABF within 
the Home Affairs Portfolio is the import authority for the KPCS in Australia and DISR is the export 
authority for the KPCS in Australia.  G/LIC/N/3/AUS/15  
 
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  Purposes and coverage of licensing  
2. The KP is an international agreement aimed at preventing the entry of 'conflict diamonds' into the 
legitimate global supply chain. The trade in conflict diamonds is a matter of serious international 
concern, which can be directly linked to the fuelling o f armed conflict, the activities of rebel 
movements aimed at undermining or overthrowing legitimate governments, and the illicit traffic in, 
and proliferation of small arms and light weapons.  
Rough diamonds means diamonds that are unworked or simply sawn, cleaved or bruted and fall 
under the relevant Harmonised Commodity Description and Coding System 7102.10, 7102.21 and 
7102.31.  
3. The KPCS is an international certification scheme that outlines the rules and standards that govern 
global trade and productio n of all rough diamonds and applies to all Participant countries of the KP.  
Participants of the KP must meet the terms of KPCS, including issuing export certificates to verify 
rough diamonds are conflict free.  
Under the terms of the KPCS participants mus t: 
• Satisfy minimum requirements and establish national legislation, institutions and 
import/export controls.  
• Commit to transparent practices and to the exchange of critical statistical data.  
• Trade only with fellow members who also satisfy the fundamentals of the agreement.  
• Certify shipments as conflict -free and provide the supporting certification.  
4. The KPCS is not intended to restrict the quantity or value of imports.  
5. The control of imports of rough diamonds is a statutory requirement und er regulation 4MA of the 
Customs (Prohibited Imports) Regulations 1956 , made under the Customs Act 1901 . The system 
cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7. (a)  Application for and issue of a KP Certificate needs t o be made in advance of arrival of the 
goods.  
(b) KP Certificates are not normally issued immediately. The time taken to issue a KP Certificate 
is dependent on the time taken for completion of a number of checks by the exporting 
authority issuing the cert ificate. In some cases, this may take up to several weeks.  
(c) No, permits may be issued at any period of the year.  
(d) KP Certificates are only issued by the exporting authority of a recognised KP Participant. KP 
Certificates are presented to the importin g authority of a recognised KP Participant on import.  
8. Application for a KP Certificate to export rough diamonds can be refused at the discretion of the 
Exporting Authority in the exporting country. Reasons for refusal may or may not be provided to the 
applicant and will depend on the exporting authority protocols and internal controls.  
Eligibility of importers  to apply for licence  
9.(a) Any person, firm or institution is eligible to apply to an authorised KP Participant exporting 
authority for a KP Certi ficate.  
(b) Not applicable.  G/LIC/N/3/AUS/15  
 
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  Documentation  and other requirements for application for licence  
10. For permission to import rough diamonds, the importer must apply for a KP Certificate from the 
Exporting authority of the export country. Applications are made  in writing and must provide the 
following:  
• importer's name and address  
• proof of origin of rough diamonds being exported  
• original receipt of purchase of rough diamonds  
• an affirmative statement declaring all rough diamonds are produced from legitimate sourc es 
and are not conflict diamonds  
• country of import  
• carat weight  
• total value  
• any other information as requested by the KP Participant exporting authority.  
11. The original KP Certificate must be presented to the ABF at the time of importation.  
12. Fees and charges for the issue of a KP Certificate is at the discretion of the KP Participant. Some 
KP Participants do charge a fee, while others do not.  
13. Not applicable.  
Conditions  of licensing  
14. A KP Certificate is typically valid for a two-month period. However, KP Exporting Authorities can 
determine different expiry timeframes as required. This may be the case for frequent exporters. KP 
Certificates cannot be extended. If a KP Certificate is not presented to an importing authority of a 
KP Participant country prior to the expiry date, the exporter must apply for a new KP Certificate.  
15. There is no penalty for the non -utilisation of a KP Certificate.  
16. KP Certificates are not transferable between importers.  
17. Specified conditions for  issuing a KP Certificate are set out by each individual KP Participant.  
Other procedural  requirements  
18. No.  
19. Not applicable.  
25  SECURITY SENSITIVE AMMONIUM NITRATE  
Outline of System  
1. The importation of security sensitive ammonium nitrate (SSAN) is pr ohibited under the provisions 
of the Customs Act 1901  and Customs (Prohibited Imports) Regulations 1956 (PI Regulations)  
unless:  
(a) Permission has been granted for the importation by the state/territory authority where the 
goods will be located immediately after arrival and that is presented to the Australian Border 
Force (ABF)  at the time of importation; or  
(b) the State/Territory does not require permission to import.  
A licence is required to import SSAN into the following States and Territories: Queensland, 
New South Wales, Australian Capital Territory, Victoria, Tasmania, Western Australia and South 
Australia.  G/LIC/N/3/AUS/15  
 
- 60 - 
 
  Purposes and coverage of licensing  
2. The goods covered include security sensitive ammonium nitrate (SSAN). SSAN is ammonium 
nitrate, a mixture or emulsion made up of more than 45% ammonium nitrate, but not ammonium 
nitrate in solution.  
3. The PI Regulatio ns apply to the importation of goods from all countries.  
4. The importation of SSAN is regulated as a community protection measure. SSAN is a chemical of 
security concern and is regulated by the states/territories under dangerous goods legislation. The PI 
Regulations are not intended to restrict the quantity or volume of imports.  
5. The control on importation of the specified goods is a statutory requirement under Regulation 4X 
of the PI Regulations made under the Customs Act 1901 . The system cannot be abol ished without 
legislative approval.  
Procedures  
6. Not applicable.    
7. (a) Applications for import licences should be made at least 7 working days in advance of the 
importation. Licences are granted by state/territory authorities. Where other licences for SSAN 
are held (e.g., export) a shorter timeframe may apply.  
(b) Licences cannot be issued immediately as the licence holders need to satisfy a number of 
conditions under the relevant state/territory legislation that the licence is granted under.  
(c) Licenc es may be issued at any period of the year.  
(d) The licences are specific to each state/territory within Australia. This means that to import 
SSAN into more than one jurisdiction, multiple authorities need to be approached. 
The licensing authority in each state/territory consults other government agencies in the 
licensing process.  
8. Licence applicants must satisfy the requirements of the legislation in the relevant jurisdiction. 
Appeal provisions are managed by those jurisdictions.  
Eligibility of importers  to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import although they 
must satisfy the requirements of the legislation in the jurisdiction where they are applying for 
the licence.  
Documentation and other requirements for application for licence  
10. Applications for licences must be made to the relevant State/Territory authority on the approved 
form for that state/territory and include all relevant particulars. The documents required to be 
submitted vary depending on the jurisdiction and whether the applicant holds other licences for 
SSAN or other dangerous goods.  
The relevant agencies are:  
State/Territory  Agency  
Queensland  Department of Mines and Energy  
New South Wales  WorkCover Authority NSW  
Australian Capital Territory  WorkSafe ACT  
Victoria  WorkSafe Victoria  
Tasmania  WorkPlace Standards Tasmania  
Western Australia  Department of Mines and Petroleum  
South Australia  SafeWork South Australia  G/LIC/N/3/AUS/15  
 
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11. Where permission is required in the state/territory of importation, the permission from the 
relevant State/territory authority must be produced to the AF on import  
12. Licensing fees are charged by the state/territory licensing authorities and vary dependi ng on the 
type of licence sought.  
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing  
14. Licensing periods vary in each jurisdiction. They range from one year to five years.  
15. There is no  penalty for the non -utilisation of a license or a portion of a license.  
16. Licenses are not transferable between importers  
17. Licences may impose conditions to be complied with.  
Other procedural requirements  
18. Not applicable.  
19. Not applicable.  
26  TABLET PRESSES AND ENCAPSULATORS  
Outline of System  
1. The importation of tablet presses and encapsulators is prohibited under provisions of the Customs 
Act 1901  and the Customs (Prohibited Imports) Regulations 1956  (PI Regulations) unless the 
permission of the Minister for  Home Affairs, or an authorised person, has been obtained.  
Purposes and coverage of licen sing 
2. Tablet presses are defined as any equipment which can be used for the compaction or moulding 
of powdered or granular solids, or semi -solid material to produce coherent solid tablets. 
Encapsulators are defined as any equipment which can be used for the complete envelopment of 
powdered or granular solids, semi -solid material, liquids, or gases to produce coherent solid 
capsules.  
3. The equipment may be manual, semi -automatic or fully automatic and may be not complete, 
temporarily or permanently inoperable, or unfinished.  
4. The PI Regulations are not intended to restrict the quantity or volume of imports. A permission 
can specify  conditions or requirements including times for compliance and the number of tablet 
presses allowed to be imported. The Minister or an authorised person has the power to revoke 
permission where the holder does not comply with a condition or requirement. Th e manufacture and 
distribution of amphetamine type stimulants is a serious problem in Australia and preventing the 
importation of tablet presses/encapsulators for use in illicit markets is an important way of reducing 
domestic production.  
5. The control on  the specified goods is a statutory requirement under Regulation 4G of the PI 
Regulations made under the Customs Act 1901 . The control cannot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.  G/LIC/N/3/AUS/15  
 
- 62 - 
 
  7. Where there is no quantitative limit o n importation of a product or on imports from a particular 
country:  
(a)  Application should be made in advance of arrival of the goods.  
(b)  A permit to import would not normally be granted immediately as some conditions must be 
fulfilled. Checking of appl icants' suitability to hold a permit generally takes some time and 
therefore permits cannot generally be issued immediately upon request. The application 
process generally takes six to eight weeks. In some circumstances this process may take 
longer as the Department of Home Affairs relies on other law enforcement agencies to provide 
information to enable the authorised officer to make an informed decision on each application.  
(c) Permits may be issued at any period of the year.  
(d) Granting permission for t he importation of tablet presses/encapsulators involves state and 
territory authorities and the Department of Home Affairs. Advice received from the relevant 
state or territory police force and the Australian Criminal Intelligence Commission (ACIC) plays 
a major role in the decision -making process. The Department of Home Affairs takes the 
responsibility to contact state and territory authorities as part of the decision -making process.  
8. Application for permission to import can be refused at the discretion of the relevant Delegate. 
Reasons for refusal are given to applicants. Applicants refused permission to import may appeal the 
decision -making process under the Administrative Decisions (Judicial Review) Act 1977.  
Eligibility of importers to apply for licen ce 
9. All persons, firms and institutions are eligible to apply.  
Documentation and other requirements for application for licence  
10. Applications must be made in writing to the Minister for Home Affairs or an authorised person. 
The application should include supporting documentation to possess the goods and/or any relevant 
end user evidential documentation. The application form can be f ound at: 
https://www.abf.gov.au/form -listing/forms/b712.pdf .    
11. The original permission from the Minister or authorised person is required upon importation.  
12. There is no licensing fe e. 
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing  
14.  T he permission is valid for 12 months from the date of signature. However, the Minister for 
Home Affairs may specify a time period  for the validity of the permission.  
15.  There is no penalty for the non -utilisation of a license or a portion of a licence.  
16.  Permits/licenses are not transferable between importers.  
17.  Conditions may be imposed on the permission and quantities are specified.  
Other procedural requirements  
18. No.  
19.  Not applicable.  G/LIC/N/3/AUS/15  
 
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  27  THERAPEUTIC SUBSTANCES AND GOODS  
Outline of System  
1.  Importation into Australia of therapeutic goods for human use is controlled under the Therapeutic 
Goods Act 1989 , and its Regulations, and the Customs (Prohibited Imports) Regulations 1956 (PI 
Regulations).  
Under the Therapeutic Goods Act 1989 , therapeutic  goods may not be imported into Australia unless 
they are registered, listed or included in the Australian Register of Therapeutic Goods (ARTG) or 
specifically exempt from this requirement. One exemption is for personal importation of therapeutic 
goods. Un der Schedule 5 of the Therapeutic Goods Regulations 1990, an individual may import a 
therapeutic good into Australia on their person, or arrange from within Australia for a therapeutic 
good to be sent to them from an overseas supplier, subject to the follo wing:  
• the goods are to be used by that individual or a member of his/her immediate family and are 
not sold or supplied to any other person;  
• the quantity imported may not exceed three months' supply per importation and the total 
quantity imported per year c annot exceed 15 months' supply at the manufacturer's 
recommended maximum dosage;  
• substances, which are a prohibited import under the PI Regulations, may not be imported 
without an import permit;  
• products which are injections containing material of human or  animal origin (except insulin) 
may not be imported as personal imports, without permission from the Therapeutic Goods 
Administration;  
• products which are "biologicals", as defined under the Therapeutic Goods Act 1989 , may not 
be imported as personal import s, without permission from the Therapeutic Goods 
Administration; and  
• in order to import any product which is a prescription medicine (substances in Schedules 4 or 
8 of the Standard for the Uniform Scheduling of  Medicines and Poisons), the importer must 
have a prescription issued by a medical practitioner registered in an Australian State or 
Territory (Note: medicines carried by a passenger on a plane or ship are an exception to this 
requirement, however, an import licence is still required in the case of m edicines in Schedule 
4 of the PI Regulations if the passenger does not have a prescription).  
Importation of certain substances is prohibited under regulations 5, 5G and 5H of the PI Regulations 
except with the permission of the Secretary of the Australian Department of Health  and Aged Care . 
These substances include antibiotics, certain hormones and other substances, including anabolic or 
androgenic substances (included in Schedules 7A of the PI Regulations). Substances of human or 
animal origin are not proh ibited imports per se . 
Importation of narcotic drugs, psychotropic substances and related chemicals, including kava, is also 
controlled under the PI Regulations. Those controls are described separately in this document, in 
the section titled "Narcotic Drugs, Psychotropic Substances and Related Chemicals".  
Purposes and coverage of licensing  
2. Import permits are issued under the PI Regulations both for goods approved for marketing in 
Australia and for "unapproved" goods where supply is considered appropriate  (e.g. in the context of 
clinical trials or special patient access). The therapeutic substances/goods covered are:  
• Goods to which regulation 5G of the PI Regulations refer, that is, goods, which are, listed in 
Schedule 7A to the Regulations. Schedule 7A cu rrently lists therapeutic goods which are 
mostly, hormones. Exemption applies where:  
• the substance  is required for the medical treatment of a person who is a passenger on a ship 
or aircraft; and  
• the substance  is imported into Australia on the ship or aircraft; and  
• the substance  was prescribed by a medical practitioner for that treatment; and  
• the amount  of the substance imported does not exceed the amount of the substance 
prescribed by the medical practitioner for the person receiving the treatment.  G/LIC/N/3/AUS/15  
 
- 64 - 
 
  However, the above exemption does not apply if the goods are required for the medical treatment 
of a perso n who is an athlete within the meaning of section 4 of the Australian Sports Anti -Doping 
Authority Act 2006 ; or a person who has come to Australia for purposes relating to the performance 
of a competitor or the management of a competitor or a competitor's interest.  
3. The regulation applies to the importation of therapeutic goods from all countries.  
4. The controls under the Therapeutic Goods Act 1989 safeguard public health in Australia through 
regulation of the quality, safety and efficacy or performance of therapeutic goods intended for supply 
in Australia.  
The controls under the PI Regulations are intended to restrict entry to Australia of substances that 
may be the subject of abuse in one form or another or pose a risk to public health such that they 
should not be accessible to the general public via personal import arrangements. The importation of 
antibiotics is regulated as a public health measure. It also allows information on the distribution and 
consumption of antibiotics in Australia to be o btained. Goods listed in Schedules 7A and 8 to the PI 
Regulations are those known to be associated with particular hazards or concerns, which warrant 
restriction or prohibition of their use. The PI Regulations are not intended to restrict the quantity or 
volume of imports.  
5. The controls on importation of therapeutic goods are statutory requirements under the 
Therapeutic Goods Act 1989 , and associated regulations, and under the Customs Act 1901 , and 
associated PI Regulations. The system cannot be abolished  without legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  Application for importation should be made in advance of the arrival of the goods. In certain 
circumstances, import permission can be given for goods which have inadvertently arrived at 
the point of entry.  
(b) Permits may be issued immediately if a genuine emergency exists.  
(c) Permits may be issued at any period of the year.  
(d) Applications for import permits under regulations 5, 5G and 5H of the PI Regulations are 
processed and issued wi thin the Department of Health.  
8.  If an import permit under regulations 5, 5G or 5H of the PI Regulations is refused, the applicant 
is notified in writing of the reasons for refusal. A request for review of the refusal can be made to 
the Australian Govern ment Minister who administers the Therapeutic Goods Act 1989 , within 90 
days after the decision first comes into the importer's notice. In the case of the applicant being 
dissatisfied with the Minister's finding, an application for a review of the Minister 's decision can be 
made to the Administrative Appeals Tribunal. In addition, an appeal may be made on the decision -
making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import provided they 
are domiciled in Australia. They must also comply with any State/Territory legislation relating 
to manufacture and wholesale.  
Documentation and  other requirements for application for licence  
10. For permission to import goods specified in Schedule 8 (Regulation 5H of the PI Regulations) the 
written application must include:  G/LIC/N/3/AUS/15  
 
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  • importer's name and address;  
• full details of the product proposed for imp ort; 
• supervising doctor's prescription, if applicable;  
• State/Territory Schedule 4 (prescription only medicine) licence number (if applicable);  
• depending on the nature of the goods and the intended purposes, further documentation or 
evidence may be required . 
11. Import authorisation is usually issued in the form of a permit but may be by letter of authority.  
12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of licences.  
Conditions of licensing  
14. Import permits may apply to one consignment only or remain valid for successive consignments 
within a stated period (usually one year).  
15. There is no penalty for the non -utilisation of a permit or a portion of a permit.  
16. Pe rmits are not transferable between importers.  
17. Permits issued for substances in Schedules 7A and Schedule  8 of the PI Regulations are subject 
to individual quantitative restrictions. However, there is no annual quota or annual quantitative 
restrictions applicable to these goods required under the legislation or under an international 
agreement.  
The quantitative restriction applies to individual importers as a condition of the import permit and is 
based on established need and end use.  
Import  permits may also cite such matters as:  
• compliance with other State, Territory and Commonwealth laws;  
• the subsequent use of the therapeutic good;  
• the custody, use, disposal or distribution of the imported goods;  
• the keeping of records relating to the impor ted goods; and/or  
• a time restriction within which the importation must occur.  
Other procedural requirements  
18. Importers of therapeutic goods for commercial supply should familiarise themselves with the 
requirements of the Therapeutic Goods Act 1989 in relation to the importation of therapeutic goods 
for supply in Australia. Further information is available at http://www.tga.gov.au/ . 
19. Not applicable.  
28  TOBACCO  PRODUCTS  
Outline of System  
1. The importation of tobac co products is prohibited under provisions of the Customs Act 1901 
(Customs Act) and regulation 4DA of the Customs (Prohibited Imports) Regulations 1956 (PI 
Regulations) unless specific permission of the Minister, or an authorised person, has been granted.   
Purposes and coverage of licensing  
2. The prohibition applies to all tobacco products (as defined by the Customs Act 1901):  
• Tobacco of a kind specified in regulation 4D of the PI Regulations;  
• Chewing tobacco and snuffs intended for oral use;  G/LIC/N/3/AUS/15  
 
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  • Cigars;  
• Tobacco products:  
 
o That are prescribed by by -law for the purposes of item 15 of Schedule 4 to the Customs 
Tariff Act 1995; and  
o That are imported by passengers, or members of the crew, of ships or aircraft; and  
o On which duty is not payable.   
3. A generic import approval by the Minister for Home Affairs exists for cigars in any quantity and  
chewing tobacco; snuffs intended for oral use weighing 1.5kg or less . 
4. The PI Regulations are not intended to restrict the quantity or volume of imports. The i mportation 
of tobacco products is regulated to reduce the trade in illicit tobacco and to further protect the public 
health.  
5. The control on the specified goods is a statutory requirement under Regulation 4DA of the PI 
Regulations made under the Customs Act 1901 . The control cannot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.  
7.(a) The Australian Border Force (ABF) standard for issuing permissions is 28  days from receipt of 
all required information.  
(b) Licenses cannot be gran ted immediately on request.  
(c) There are no limitations as to the period of the year during which an application for a tobacco 
import permission may be made.  
(d) The application for a tobacco import permission is considered in its entirety by the ABF. 
However, the ABF may contact external agencies to obtain relevant information in considering 
a permit application.  
8. In considering whether to grant a permission, the Minister for home Affairs or authorised person 
may consider any relevant matter. The Minis ter for Home Affairs or authorised person may grant a 
permission subject to conditions or requirements, specified in the permission, that are to be complied 
with by the holder of the permission. Where a permit is refused, the applicant will be advised in 
writing of the decision and the reasoning behind the decision.  
Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to apply for a tobacco import permission. However, 
an applicant must have a valid Australian Business Number (issued by the ATO) or an ABF Customer 
Reference Number (CRN) prior to submitting an application for a tobacco import permission.  
Documentation and other requirements for application for licence  
10. An application for a tobacco i mport permission must be made in writing to the ABF. Application 
forms can be found at: www.abf.gov.au/tobacco .  
As part of the application process, applicants are also required to supply the following information:  
• Name, address, ABN/CRN and other contact details;  
• Details of the type of tobacco product to be imported; and  
• The intended use for the imported tobacco products (i.e., personal or commercial).  
The Minister or authorised person may seek addition al information to the above should it be deemed 
necessary to make an informed decision on an importers application.  G/LIC/N/3/AUS/15  
 
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  11. The ABF may require the original permission from the Minister for Home Affairs or authorised 
person to be produced upon importation in addition to the normal importation documentation 
required by the Department of Home Affairs.  
12. There are no fees associated with applying for or obtaining the permission.  
13. There is no deposit or advance payment requirement associated with the issuanc e of tobacco 
import permissions.  
Conditions of licensing  
14. The validity period for a tobacco import permit is at the discretion of the Minister for Home Affairs 
or authorised person, having regard to all relevant information relating to the applicant.  
15. There is no penalty for the non -utilisation of a tobacco import permission.  
16. Tobacco import permissions are not transferrable.  
17. The Minister or authorised person may grant a permission subject to conditions or requirements, 
specified in the permi ssion, that are to be complied with by the holder of the permission.  
Other procedural requirements  
18. There are no other administrative producers, apart from the requirement to obtain a permission, 
required prior to importation.  
19. Not applicable.  
Links to legislation:  
 
• Customs Act 1901  
• Customs (Prohibited Imports) Regulations 1956  
• Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019   
• Customs Tariff Act 1995   
 
29  UNMANUFACTURED TOBACC O LEAF  
Outline of System  
1. The importation of unmanufactured tobacco leaf is prohibited under provisions of the Customs 
Act 1901 (Customs Act) and the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) 
unless the permission of the Commissioner  of Taxation, or an authorised person, has been obtained. 
Permission from the Commissioner requires an Excise licence to manufacture tobacco or a licence to 
deal in tobacco products, granted under the Excise Act 1901 (Excise Act). In addition, the site whe re 
imported tobacco leaf is to be dealt with must be licensed under the Customs Act.  
Purposes and coverage of licensing  
2. The goods covered include tobacco that is not stemmed or stripped and includes whole tobacco 
plants or leaves in the natural state, o r as cured or fermented leaves. Licensed tobacco 
manufacturers and dealers who also hold a permission to import unmanufactured tobacco leaf 
(permission) are able to import these goods as an input to manufacture or more generally deal in 
tobacco seed, plant  or leaf.  
3. The system applies to unmanufactured tobacco leaf originating from all countries.  
4.  The PI Regulations are not intended to restrict the quantity or volume of imports. The importation 
of unmanufactured tobacco leaf is regulated to limit acces s to those licensed as manufacturers or 
dealers and therefore reduce illicit production.  G/LIC/N/3/AUS/15  
 
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  5. The control on the specified goods is a statutory requirement under Regulation 4D of the PI 
Regulations made under the Customs Act 1901 . The control cannot be aboli shed without legislative 
approval.  
An Excise licence for tobacco is a legislative requirement under Sections 25 (Manufacturers) and 33 
(Dealers) of the Excise Act. There is no administrative discretion – manufacturers or dealers in 
tobacco leaf must be licensed under the Excise Act. The control cannot be abolished without 
legislative approval.  
A Customs warehouse licence is issued under Section 79 of the  Customs Act . Anyone intending to 
use imported goods in excise manufacture must enter those goods for warehousing in a Customs 
licensed warehouse. Those goods must then be administratively transferred to an entity holding a 
tobacco manufacture or dealers licence issued by the Australian Tax Office (ATO) under the Excise 
Act. There is no administrative disc retion – imported tobacco leaf must be entered for warehousing. 
The control cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a) The ATO standard for issuing manufacturer licences, dealers' licences or permissions is 28  days 
from receipt of all required information. The same standard is applied to the issuing of ATO 
issued warehouse licences under S79 of the Customs Act.  
(b) No. 
(c) No. 
(d) Yes, the application for an Excise licence and a permission is considered in its entirety by the 
ATO. From 1 July 2010, the ATO took over the administration of excise equivalent goods 
(EEGs) under delegation from the Department of Home Affairs (Home Affairs). As imported 
tobacco leaf can only be imported into Australia by entering it i nto a warehouse licensed under 
the Customs Act, the ATO has responsibility for licensing any warehouse that would store this 
product.  
8. Failure to meet the ordinary criteria, as described in sections 39, 39A, 39B & 39C of the Excise 
Act, are grounds for r efusing to grant a manufacturer or dealer licence. These grounds include where 
the applicant is not deemed fit and proper, the applicant does not have the skills and experience to 
carry out the activity, or the applicant does not have a market for the good s.  When a licence is 
refused, the applicant is provided with reasons for the decision in writing. Applicants have a right to 
object under section 39Q of the Excise Act.  
Sections 80 and 81 of the Customs Act are the key requirements that are considered whe n assessing 
an application for a Customs warehouse licence. These grounds are similar to those listed in the 
Excise Act. When a licence is refused, the applicant is provided with reasons for the decision in 
writing. Applicants have a right to object to the  Administrative Appeals Tribunal under section 
273GA(1)(b) of the Customs Act.  
Regulation 4D of the PI Regulations states that consideration must be given to the applicant's 
compliance with the Excise Act and any other relevant matters when assessing a per mission to 
import unmanufactured tobacco leaf. The same regulation allows a person who is dissatisfied with a 
decision to object to it in the manner set out in Part IVC of the Taxation Administration Act 1953 . 
Eligibility of importers to apply for licence  
9. Yes. As long as the person or business has a site to be licensed in Australia they can apply. Excise 
and Customs licences are linked to sites as well as the individual or company applying. Each site 
operated by a single entity must be licensed separatel y so that the licence application can be 
assessed in terms of appropriateness of site security, plant and equipment, and stock recording for 
each site.  G/LIC/N/3/AUS/15  
 
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  In relation to the permission, the entity must hold either an Excise manufacturer or dealer licence, 
and the site where imported tobacco is to be dealt with must be licensed under the  Customs Act . 
Documentation and other requirements for application for licence  
10. An application for a Licence to Manufacture  or deal in  Tobacco must be made in writing to the 
ATO. Information can be found at: Types of excise licences - tobacco | Australian Taxation Office 
(ato.gov.au)  
If an applicant is applying for the first t ime, that applicant will be required to complete a Consent to 
a Criminal Record History Check and a Declaration of criminal history.  
Applicants are also required to supply the following information:  
• Name, address, ABN and other contact details;  
• Details of the premises where the activity will occur including certified copies of the floor plan 
of the proposed licence site;  
• Supplier's name and address;  
• Quantity of product.  
Finally, during the review process the applicant may be required to send additional docu ments in 
support of their claims - for example, a business plan, evidence of a market, details of security 
arrangements or insurance policy details.  
There is no specified application form for the import permission, although a written application must 
be lodged providing the Commissioner with any information they reasonable require to make his 
decision.  
11. The original permission from the Commissioner or authorised person must be produced upon 
importation in addition to the normal importation documentation required by Home Affairs.  
12. There are no fees associated with the Excise licences or the permission. There are fees associated 
with the customs warehouse licence. The initial application fee is A$3000 and the grant charge is 
A$4,000. There is an annual r enewal fee of A$4000.  
13. No.  
Conditions of licensing  
14. A licence to manufacture or deal in tobacco is valid for three years and must be renewed before 
the end of the three -year period. The validity of a licence can be extended if it is approved for 
renewal by the ATO. The associated permission is valid for the same period as the licence although, 
rather than being renewed, it must be re -issued. This is an administrative requirement only.  
In contrast, a warehouse licence is valid for one year only and  must be renewed annually. The 
validity of a licence can be extended if it is approved for renewal by ATO staff operating under 
Customs delegation.  
15. No.  
16. Excise manufacturer, dealer or customs warehouse licences are not transferable. Although the 
ATO licenses the site, the licence cannot be transferred and any change in ownership would require 
a new licence application. The permission also is not transferable.  
17.(a)Not applicable.  
(b) Section 39D of the Excise Act and section 82 of the  Customs Act allow the ATO to apply 
conditions to a licence to protect the revenue or to facilitate compliance with the relevant Acts. 
There are no limitations on the conditions that can be applied on a permission under Regulation 
of the Customs PI Regulations.   G/LIC/N/3/AUS/15  
 
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  Other procedural requirements  
18. No.  
19. Not applicable.  
Links to legislation:  
 
• Excise Act 1901  
• Customs Act 1901   
• Customs (Prohibited Imports) Regulations 1956   
• Taxation Administration Act 1953  
30  VIABLE MATERIAL DERIVED FROM HUMAN EMBRYO CLONES  
Outline of System  
1. The Prohibition of Human Cloning for Reproduction Act 2002 (section 23C) required the Minister 
who administers the Customs Act 1901 to make regulations "permitting, subject to appropriate 
conditions or restrictions, the import and export  of human embryonic stem cell lines which have 
been derived from human embryo clones using practices consistent with Australian legislation".  
The relevant regulation is regulation 5L of the Customs (Prohibited Imports) Regulations 1956. 
The regulations pro hibit the import of viable material derived from human embryo clones unless the 
Minister administering the Prohibition of Human Cloning for Reproduction Act 2002 , or an authorised 
person has granted permission in writing and the permission is produced at o r before the time of 
import.  
Although the first embryonic stem cell lines from human embryo clones were reported in May 2013, 
a request for permission to import such material has not yet been made. Details of the permit system 
will be developed as required  and prospective importers can contact the National Health and Medical 
Research Council (NHMRC) for information.  
Purposes and coverage of licensing  
2. The permit system relates to the import or export of viable material derived from human embryo 
clones and is necessary to give effect to the legislative requirements of the Prohibition of Human 
Cloning for Reproduction Act 2002 and the related Research Inv olving Human Embryos Act 2002 . 
Viable material means living tissues and cells.  
3. The system applies to any viable material derived from human embryo clones originating in 
Australia or coming from other countries.  
4. The Prohibition of Human Cloning for Reproduction Act 2002 is intended to prohibit the import or 
export of viable material derived from human embryo clones unless the Minister or an authorised 
person has granted permission.  
5. The relevant legislation is cited  above at question 1.  
Obtaining a permit under the legislation is a statutory requirement in all circumstances. All materials 
covered by the definition of "viable material" derived from a "human embryo clone" will require a 
permit. This is not subject to a dministrative discretion. The system cannot be abolished without 
legislative approval.  
Procedures  
6. Not applicable.  
7.(a)  An application for a licence should be made well in advance of the proposed import or export. 
As the details of the system have not been finalised it is not possible to provide specific G/LIC/N/3/AUS/15  
 
- 71 - 
 
  information. However, the time taken to consider an application for a licence will vary 
depending on the circumstances of the import or export and the completeness of information 
provided.  
(b) It is unl ikely that immediate granting of a permit will be possible given the information 
required and the time needed to assess it.  
(c) No. 
(d) The NHMRC will have responsibility for administering the permit system and will provide advice 
to Home Affairs on any pe rmits issued.  
8. An application that meets the criteria will be granted a permit. Where an application is refused, 
reasons are provided and applicants have a right of appeal to the Administrative Appeals Tribunal. 
In addition, an appeal may be made on the  decision -making process itself under the Administrative 
Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) Yes. However, a person or organisation seeking an import permit must satisfy the Authoris ed 
Person specified in the regulations that they are capable of complying with any conditions 
attaching to the permit.  
In relation to persons or organisations applying for an export permit it is expected that only 
the person or organisation that derived th e viable material in Australia would be eligible to 
apply. Such persons or organisations would need to hold a licence issued under the Research 
Involving Human Embryos Act 2002 authorising the creation of the human embryo clone and 
derivation of viable mat erial from it.  
Documentation and other requirements for application for licence  
10. As noted above the details of the permit system have not been finalised. However, the importer 
or exporter will be required to demonstrate that the viable material has been  obtained using practices 
consistent with Australian legislation. This will include providing evidence that the viable material 
has been derived or obtained legally and ethically. Information and application forms will be available 
from the NHMRC website ( http://www.nhmrc.gov.au ). 
11. An approval under the Legislation, such as a permit, must be obtained prior to import or export 
and is required to be produced at the time of import or export.  
12. There is no licens ing fee or administrative charge.  
13. There is no deposit or advance payment requirement associated with the issue of permits.  
Conditions of licensing  
14. The period of validity of a permit will be the period set out in the permit. Details are not yet 
available.  
15. No.  
16. Given the requirements for obtaining the permit, it is unlikely that the system will allow for 
transfer of permits between importers or exporters.  
17. The regulations allow for conditions to be attached to permits. The details of such conditions 
have not yet been finalised. Failure to comply with the conditions can lead to revocation of the 
permit.  G/LIC/N/3/AUS/15  
 
- 72 - 
 
  Other procedural requirements  
18. Customs and quarantine controls may be relevant.  
19. Not applicable.  
31  WEAPONS AND CROWD CONTROL GOODS  
Outline of System  
1. The importation of weapons including, daggers, crowd control goods and laser pointers are 
regulated by the Customs Act 1901 and the Customs (Prohibited Imports) Regulations 1956  
(PI Regulations).  
Purposes and coverage of licensing  
2. The goods covered are weapons, crowd control goods and laser pointers as specified at 
Schedule  13 of the PI Regulations, and firearms, firearm accessories, firearm parts, firearms 
magazines, ammunition, components of ammunition and imitation f irearms as specified in 
Schedule  6 of the PI Regulations.  
The importation of goods specified in Schedule 13 of the  PI Regulations is prohibited unless the 
written permission of the Minister for Home Affairs, or an authorised person, is granted. Permission 
to import Schedule 13 of the PI Regulations weapons may be granted on the basis that certain 
conditions or requirements are met, such as the goods will only be supplied to law enforcement 
agencies and the importer holds the appropriate state or territory l icence to possess the goods. 
Applications for permission to import Schedule 13 weapons are processed through the Australian 
Border Force (ABF). Some goods specified in Schedule 13 may be imported with certification from 
the police in the state or territory  of residence.  
The importation of goods specified in Schedule 6 of the PI Regulations is prohibited unless the 
conditions, restrictions or requirements specified are complied with and the written permission of 
the relevant authority is granted. Application s for the import of firearms and firearm -related articles 
are processed either by the Attorney General 's Department (where import permission can be granted 
by the relevant Commonwealth Minister or their delegate) or the relevant State or Territory policing  
agency. Generally speaking, firearms and firearm -related articles falling to lesser import controls 
can be imported with police certification, while the more highly controlled items require a 
Commonwealth ( Attorney -General 's Department ) import permit.  
3. The regulations apply to importations from all countries.  
4. The PI Regulations are not intended to restrict the quantity or volume of imports. Importers must 
specify the quantity of goods when seeking to apply for single import permission. Ongoing permits  
can be issued for Schedule 13 goods for projects requiring multiple shipments of goods over a 
specified period of time.  
Controls on importation have been introduced as a community protection measure. The monetary 
value is not a criterion for control.  
5. The control on importation of the specified goods is a statutory requirement under the PI 
Regulations made under the Customs Act 1901 . The system cannot be abolished without legislative 
approval.  
Procedures  
6. Not applicable.    
7.(a) Application must be ma de in advance of arrival of the goods.  G/LIC/N/3/AUS/15  
 
- 73 - 
 
  (b) Applications for permission to import can be processed immediately provided all information 
is available and the application is considered to be urgent. Permission itself cannot be granted 
immediately, as the deci sion-maker must consider whether the importation meets the 
requirements specified in the Regulations before giving written permission.  
(c) Permits may be issued at any period of the year.  
(d) Where the Commonwealth is the relevant authority for issuing an import permit, the Minister 
or their delegate may also require state or territory approval for the possession and sale of 
the goods. Applications for import permits required under Schedule 13 are processed by the 
ABF or the relevant state or territory Poli ce where appropriate. Applications for import permits 
required under Schedule 6 are processed by the Attorney -General 's Department , or the 
relevant State or Territory policing where appropriate.  
8. Application for permission to import can be refused at the  discretion of the relevant Minister, (or 
their delegate) or police representative. Reasons for refusal are given to applicants. Applicants 
refused permission to import may appeal the decision -making process under the Administrative 
Decisions (Judicial Rev iew) Act 1977 . 
Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to apply.  
Documentation and other requirements for application for licence  
10. Applications must be made in writing to the relevant authority. The application must include 
supporting documentation showing the importation complies with the relevant conditions, 
restrictions or requirements specified. This generally includes confirmation that the goods can be 
possessed or sold in the rele vant State or Territory.  
The application form for Schedule 13 goods can be found at: https://www.abf.gov.au/form -
listing/forms/b710.pdf . 
The application form for Schedule 6 goods can be fou nd at: https://firearms.homeaffairs.gov.au/  
This application form is currently being moved across to the Attorney -General 's Department website, 
noting that the firearms import function moved across to th e Attorney -General 's portfolio, from the 
Department of Home Affairs portfolio, under Administrative Arrangements Orders issued on 1 June 
2022.  
Importers must contact their state or territory police firearms registry when importing items under 
police certif ication.  
11. A copy of the permission from the relevant authority is required upon importation.  
There is no licensing fee for applying to the Attorney -General 's Department  for an import permit. 
There is similarly no charge when an import application is sub sequently approved or denied.  
12. The relevant authority that grants import permission may specify a time period for the validity 
of the permission.  
13. There is no penalty for the non -utilisation of an import permit.  
Conditions of licensing  
14. Permits an d licenses are not transferable between importers.  
15. Conditions may be imposed on the import permit, and exact quantities subject to the import are 
specified.  G/LIC/N/3/AUS/15  
 
- 74 - 
 
  16. No.  
17. The importation of a weapon or weapon part is also subject to the conditions (if an y), set out in 
Part 3 of Schedule 13.  Similarly, the importation of a firearm or firearm -related article is also subject 
to the conditions (if any), set out in Part 3 of Schedule 6.  
Other procedural requirements  
18. No.   
19. Not applicable.  
32  WOOLPACKS  
Outline of System  
1. The importation of woolpacks is prohibited under regulation 4K of the Customs (Prohibited 
Imports) Regulations 1956 , unless an original test certificate has been issued or permission has 
been granted.  
To import woolpacks, an importer needs either:  
• an original test certificate stating that the unused woolpack conforms to the Australian Wool 
Exchange Standard as described in the Customs (Prohibited Imports) Regulations 1956; o r 
• permission granted by the relevant Minister  or an authorised person.  
A valid test certificate or permission to import must be produced to the Australian Border Force at 
the time of importation. (Source: ABF website ) 
Regulation 4K(3) describes the relevant standard that woolpacks must conform to as the Australian 
Wool Exchange Standard No. 3, published on 1 July 2013.  
There are currently five woolpack prescribed testing authorities , which were approved for the 
purposes of the regulation in 2014.  
Purposes and coverage of licensing  
2. Unused woolpacks to be used for greasy wool require a test certificate issued by a prescribed 
testing authority, certifying that the woolpacks conform to Australian Wool Exchange (AWEX) 
standard No. 3. 
Unused woolpacks to be used for purposes other than gr easy wool, require an import permission 
from the Minister for Agriculture or an authorised person. Import conditions (conditions of use) may 
be applied to these woolpacks.  
Second -hand woolpacks require an import permission from the relevant Minister  or an authorised 
person. The importation of second -hand woolpacks for use as containers of greasy wool is not 
permitted. Conditions of use (see 17.) may be applied to second -hand woolpacks.  
3. The regulations apply to the importation of woolpacks from all countr ies. 
4. The importation of woolpacks is regulated to ensure adequate pack strength and to minimise fibre 
contamination of the Australian wool clip. Regulation 4K of the Customs (Prohibited Imports) 
Regulations 1956  is not intended to restrict the quantity or volume of woolpack imports.  
5. The control on importation of woolpacks is a statutory requirement under Regulation 4K of the 
Customs (Prohibited Imports) Regulations 1956,  made under the Customs Act 1901 .  G/LIC/N/3/AUS/15  
 
- 75 - 
 
  The designation of products to be subjected to licensing under this framework does not allow 
administrative discretion: woolpacks are a prohibited good that cannot be im ported without 
permission.   
The system cannot be abolished without legislative approval.  
Procedures  
6. Not applicable.  
7.(a) Applications should be made in advance of arrival of the goods. This does not preclude import 
permission being sought for goods wh ich have inadvertently arrived at a point of entry.  
(b) Permits may be issued promptly if a genuine requirement exists.  
(c) Permits may be issued at any period of the year.  
(d) Importers only need to approach the Department of Agriculture  Fisheries and For estry (DAFF) 
to seek consideration of their application to import woolpacks. The DAFF and the Minister for 
Agriculture are the only entities that consider applications for permission to import woolpacks.  
Where relevant (i.e., for unused woolpacks intended  to store greasy wool), importers may 
separately need to seek an original test certificate from an Australian or international 
prescribed testing authority, to certify that the woolpacks conform to Australian Wool 
Exchange (AWEX) standard no 3.  
8. Applicat ion for permission to import can be refused at the discretion of the Minister for Agriculture 
or an authorised person, if the ordinary criteria are not met. There is no right of appeal against the 
Minister's (or authorised person's) decision. However, an a ppeal may be made on the decision -
making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
Eligibility of importers to apply for licence  
9.(a) Not applicable.  
(b) All persons, firms and institutions are eligible to apply for permission to import.  
Documentation and other requirements for application for licence  
10. Applications for permission to import woolpacks should be made in writing to the DAFF. 
The application  should include the following information:  
• Manufacturer   
• Product name  
• Number/pieces  
• Use 
• AWEX certificate  
• Importer name and details  
• Vessel  
• Place of loading  
• Bill of lading number  
• Place of arrival  
• Date of arrival.  
11. Proof of authorisation or a Test Certificate is required on importation. A valid test certificate or 
permission to import must be produced to the Australian Border Force at the time of importation.  
12. There is no licensing fee or administrative charge. The DAFF does not impose a licensing fee or 
administrative charge for considering applications for p ermission to import woolpacks.  G/LIC/N/3/AUS/15  
 
- 76 - 
 
  13. Not applicable. The DAFF does not impose a licensing fee or administrative charge for considering 
applications for permission to import woolpacks.  
Conditions of licensing  
14. Permission to import woolpacks is considered a nd granted per consignment.  
15. There is no penalty for the non -utilisation of a license or a portion of a license. The Customs Act 
1901 (see s50(4)) imposes  a penalty of 100 penalty units where a person's conduct contravenes the 
conditions or requirements of a permit issued to them. This is considered an offence against the Act 
and is subject to the Criminal Code.  
16. Permission to import woolpacks is not tra nsferable between importers.  
17. Conditions may be applied regarding the custody, use, disposal or destruction of the imported 
woolpacks for the purpose of ensuring that they are not used otherwise than for the purpose for 
which the permission is granted.  
Other procedural requirements  
18. No.  
19. Not applicable.  
33  ELEMENTAL MERCURY  
Outline of System  
1. The importation of elemental mercury as per the definition under Subregulation  2(1) of the 
Customs (Prohibited Imports) Regulations 1956, is prohibited under Regulation 4AC of the Customs 
(Prohibited Imports) Regulations 1956 unless permission has been granted.  
Import of mercury is also prohibited without approval under the followi ng legislation. Permission to 
import mercury may be granted under the relevant legislation by the relevant Minister or authorised 
officer, if it meets the requirements under Article 3 of the Minamata Convention on Mercury.  
• The Agricultural and Veterinary Chemicals (Administration) Regulations 1995  – for agricultural 
chemicals and veterinary medicines.  
• The Industrial Chemicals (General) Rules 2019  – for industrial chemicals.  
• The Therapeutic Goods Regulations 1990  – for therapeutic chemicals and g oods, where the 
mercury is for use as an ingredient or component in the manufacture of a therapeutic good, 
e.g. dental amalgam.  
Importers are responsible for ensuring that permit requirements and any applicable exemptions are 
met before importation.  A vali d permit or exemption to import mercury must be produced to the 
Australian Border Force at the time of importation.  
Purposes and coverage of licensing  
2. Mercury is a highly toxic heavy metal that can have harmful effects on people, ecosystems, and 
wildlif e. Australia is a party to The Minamata Convention on Mercury which aims to protect human 
health and the environment from the adverse effects of the anthropogenic releases of mercury and 
mercury compounds , in part by restricting the manufacture, trade and use of mercury at a global 
level.  The Minamata Convention is named after "Minamata disease", which occurred in Japan during 
the mid -20th century. Mercury -tainted industrial wastewater released into Minamata Bay poisoned 
thousands of people, with crippling,  irreversible effects.  
The Minamata Convention aims to control and reduce mercury across a range of products, processes 
and industries. This includes mercury mining, manufacture and trade of mercury products containing 
mercury, disposal of mercury waste an d mercury emissions from industrial facilities.  G/LIC/N/3/AUS/15  
 
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  3. The control applies to non -parties to the Minamata Convention. Parties to the Minamata 
Convention are required to seek written prior import consent from the importing country 's Minamata 
Convention Authori ty – which is a separate process to the above border control. Parties to the 
Minamata Convention may still be required to show their written import consent to the Australian 
Border Force.  
4. The importation prohibition of mercury is not intended to restric t the quantity or value of the 
imports. The controls are in place as Australia 's measures to implement the obligations of the 
Minamata Convention.  
5. The control on importation of mercury is a statutory requirement under the following legislation.  
• The Cu stoms (Prohibited Imports) Regulations 1956  
• The Agricultural and Veterinary Chemicals (Administration) Regulations 1995  
• The Industrial Chemicals (General) Rules 2019  
• The Therapeutic Goods Regulations 1990  
The system cannot be abolished without legislative approval.  
Procedures  
6. Not applicable .  
7.(a) Measures for mercury with industrial uses apply to the import of mercury from non -Parties 
and export of mercury for industrial uses. Mercury refers to elemental mercury and mixtures 
of mercury (inc luding alloys of mercury) with a mercury concentration of at least 95% by 
weight for an industrial purpose. Excluded from this is mercury used for laboratory -scale 
research or as a reference standard, naturally occurring trace quantities in metals, ores or  
mineral products and subsequently derived products, and unintentional trace quantities in 
chemical products. Permission is required under AICIS for the importation of mercury for 
industrial uses, before introduction from countries that are not Party to th e Convention.  
(b) There are no statutory timeframes in which to consider applications for the import of mercury 
for industrial uses.  
(c) Licensing to import mercury as an industrial chemical may be issued throughout the year.  
(d) Permits can be issued by one of the following regulatory agencies, depending on the purpose 
and use of the mercury.  
• Office of Chemical Safety, Department of Health  and Aged Care  – industrial purposes  
• Therapeutic Goods Administration, Department of Health and Aged Care – therapeuti c 
purposes  
• Australian Pesticides and Veterinary Medicines Authority and Department of Agriculture, 
Fisheries and Forestry – agriculture and veterinary purposes  
8. If approval is not granted for the import of mercury for industrial uses a person whose inter ests 
are affected may request the Executive Director to reconsider the decision. An application may be 
made to the Administrative Appeals Tribunal for a review of a reconsidered decision  
Eligibility of importers to apply for licence  
9.(a) Every person who introduces mercury as an industrial chemical in Australia must be registered 
with the Australian Industrial Chemicals Introduction Scheme (AICIS). Registration is required 
for anyone who introduces (manufactures or imports) industrial chemicals.  
(b) N/A. 
 G/LIC/N/3/AUS/15  
 
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  Documentation and other requirements for application for licence  
10. Applications for permission to import mercury as an industrial chemical should be made in writing 
to the DAFF. The application should include the following information:  
• If importing from a non -Party to the Minamamta Convention , you must provide certification 
from the exporting country that the mercury was not sourced from primary mercury mining 
or excess mercury from the decomissioning of chlor -alkali facilities. These requi rements are 
set out in Article 3 paragraphs 3 and 5(b) of the Convention.  
• You must supply a copy of the importing party 's written consent to import the mercury or 
mercury -containing chemical (upload with your application form)  
• Your and the importer 's conta ct details, including an ABN (if applicable)  
• AICIS registration number (if applicable)  
• Common name and trade name of the mercury containing chemical  
• The intended use of the mercury or mercury -containing chemical. Under the Minamata 
Convention, you can only  import mercury into Australia for environmentally sound interim 
storage or an allowed use.  In your application, you'll need to tell us if your purpose is 
interim storage or industrial use.   
o If it's for interim storage, you'll need to describe the intended  storage for the mercury, 
including the facility address and relevant controls  
o If it's for industrial use, you'll need to describe what the intended industrial use is  
• Approximate date of importation  
• Quantity to be imported  
• Container size  
 
You do not need o ur approval to import mercury from a country  that is a party  to the Minamata 
Convention on Mercury. The exporting country's government must seek written consent from 
the Department of Climate Change, Energy, the E nvironment and Water . 
 
11. The written permission of the relevant Minister or authorised officer is required to be produced 
to the Australian Border Force prior to or on import . 
 
12. There is no fee for the import of mercury for industrial use.  
13. There are no fees for any Minamata import applications.  
Conditions of licensing  
14. Approval to import mercury as an industrial chemical is for a single consignment. Separate 
approval must be gained for further import.  
 
15. There is no penalty for not util ising permission to import mercury for industrial use.  
 
16. Approval to import mercury as an industrial chemical is not transferable between importers.  
 
17. N/A. 
 
Other procedural requirements  
18. There are no other procedural requirements for the import o f mercury as an industrial chemical.  
 
19. N/A. 
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