WORLD TRADE
ORGANIZATIONG/LIC/N/3/AUS/2
4 July 2002
(02-3737)
Committee on Import Licensing Original:  English
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES
Notification under Article 7.3 of the
Agreement on Import Licensing Procedures1
AUSTRALIA
The following communication, dated 24 May 2002, has been received from the Permanent
Mission of Australia.
_______________
At ports and airports throughout  Australia import controls are administered primarily by the
Australian Customs Service and the Australian Quarantine Inspection Service.  A number of
Commonwealth agencies have import controls prescribed  in their legislation, and in certain circumstances,
Customs plays a limited role in enforcing these controls e.g. Gene Technology Act 2000 (Therapeutic
Goods Administration), Hazardous Waste (Regula tion of Exports and Imports) Act 1989 (Environment
Australia), Protection of Moveable Cultural Her itage Act 1986 (Environment Australia). In other
circumstances other Australian Commonwealth Depart ments are also responsible for legislation and
approval of licences.  Consequently, replies to the Questionnaire have been organized according to specific
products or goods, and the legislative instruments unde r which import controls for them are maintained.2
                                                     
1 See document G/LIC/3, Annex, for the Questionnaire.
2Copies of legislation and regulations related to Australia's replies to the Questionnaire are available for
consultation in the Secretar iat (Market Access Division).G/LIC/N/3/AUS/2
Page 2
Table of Contents
Page
I. ANIMALS (INCLUDING BIRDS, FISH AND INSECTS) AND ANIMAL
PRODUCTS, PLANTS AND GOODS OF GENERAL QUARANTIN E CONCERN .......3
II. WILDLIFE AND WILD LIFE PRO DUCTS ..........................................................................7
III. THERAPEUTIC SUBS TANCES AND G OODS.................................................................10
IV. NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED
CHEMICALS...................................................................................................................... ....14
V. ANTARCT ICA ................................................................................................................... ....19
VI. TERRITORY OF HEARD IS LAND AND MCDONAL D ISL ANDS ...............................22
VII. OZONE PROTECTION ........................................................................................................25
VIII. HAZARDOUS  WASTE..........................................................................................................2 9
IX. RADIOACTIVE SUBSTANCE S ..........................................................................................32
X. HAZARDOUS AND HEALTH  RELATED GOODS..........................................................34
XI. WEAPONS ..................................................................................................................... .........36
XII. OBJECTIONABLE ITEMS ..................................................................................................39
XIII. GOODS ORIGINATING IN  CERTAIN COUNTRIES .....................................................41
XIV. WOOLPACKS.................................................................................................................. ......43
XV. CHEESE, CERT AIN TYPES................................................................................................45
XVI. MOTOR VEHICLES ............................................................................................................. 49
XVII. CERTAIN INDUSTR IAL CHEMI CALS ............................................................................52
XVIII. COUNTERFEIT CREDIT,  DEBIT AND CH ARGE CARDS ...........................................54
XIX. ORGANOCH LORINE CHEM ICALS .................................................................................56
XX. CHEMICAL WEAPONS.......................................................................................................58
XXI. GENETICALLY MODI FIED ORGANISMS......................................................................61G/LIC/N/3/AUS/2
Page 3
I. ANIMALS (INCLUDING BIRDS, FISH AND INSECTS) AND ANIMAL PRODUCTS,
PLANTS AND GOODS OF GENERAL QUARANTINE CONCERN
-  Wildlife Protection (Regulation of Exports and Imports) Act 1982
-  Quarantine Legislation-  Commonwealth of Australia Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
Outline of system
1. The Environment Protection and Biodi versity Conservation Act 1999  (EPBC Act)
regulates Australian and international tr ade in wildlife and wildlife products.
The Quarantine Act , Quarantine (Animals) Regulations, Quar antine (Plants) Regulations, Quarantine
(General) Regulations and Quarantine Proclamations (c ollectively, Quarantine Legislation) apply controls
to the importation of all plants, parts of plants and g oods made there from;  animals (including birds, fish
and insects), animal products, soil and other items of general quarantine concern.
Sections of the Customs (Prohibited Imports) Regulations 1956 control the importation of some
animals/items.
Purposes and coverage of licensing
2. Apart from regulating the export of specimens of  native Australian flora and fauna, the EPBC Act
as presently constituted, controls:
• the import of live animals, plants, and all parts,  products and derivatives of animals and plants;
• the import and export of birds subject to the Japan-Australia Migratory Birds Agreement;
• the import and export of animals and plants lis ted in the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES).
As well as controlling the importation of plants and animals and their products and derivatives, Quarantine
Legislation applies to a diverse range of items such as:
• straw packing, pallets, skids;
• dunnage and waste;
• brushware (bristles or hair of animal origin);
• vehicles and certain machinery and equipment (for soil traces);
• infants food (milk in any form); and
• galley waste and refuse.
The Customs (Prohibited Imports) Regula tions 1956 control the importations of:
• fish caught by foreign based fi shing vessels (Regulation 4B);
• Patagonian and Antarctic To othfish (Regulation 4BA);
• dangerous dogs (Item 26, Schedule 1); and
• electric or pronged dog collars (Item 10, Schedule 2).
3. The regulations apply to the importation of goods from all countries.G/LIC/N/3/AUS/2
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4. The EPBC Act seeks, by regulating Australian a nd international trade in wildlife and wildlife
products, to contribute to the protection and conser vation of all native Australian wildlife, endangered
wildlife and other wildlife that could become enda ngered.  The Quarantine Legislation and EPBC Act also
seek to protect the Australian environment against fu rther establishment of pest species of plants and
animals by controlling the importation of certain live plan ts and animals.  Additional quarantine controls are
applied to the importation of foodstuffs to  more specifically protect human health.
Under the Customs (Prohibited Imports) Regulations  1956 importation of fish caught by foreign based
fishing vessels is prohibited, to provide quarantin e protection of the Australian fishing resources.
Prohibition on the importation of dang erous breeds of dogs was introduced because of public concern at the
increasing incidence of attacks by dogs on humans.  The control on the entry into Australia of electric or
pronged dog collars was put in place as a result of concerns expressed by veterinary and animal welfareorganisations regarding the potential for such  items to inflict pain and suffering on dogs.
5. The controls on the importation of goods specified  in this category are statutory requirements under
the legislation detailed below:
• Environment Protection and Bi odiversity Conservation Act 1999
• Quarantine Act
• Quarantine (Animals) Regulations
• Quarantine (Plants) Regulations
• Quarantine (General) Regulations
• Quarantine Proclamations
• Customs (Prohibited Imports) Regulations 1956
Environment Australia within the Co mmonwealth Department of Environment and Heritage is responsible
for administration of the legislation contained in the EPBC Protection Act.
The Australian Quarantine and Inspection Service (AQIS) within the Commonwealth Department of
Agriculture, Fisheries and Forestry – Australia (AFFA) is responsible for administration of the Quarantine
Legislation.
The Australian Customs Service (ACS) within the Commonwealth Department of  Justice and Customs is
responsible for administration of the Cu stoms (Prohibited Imports) Regulations 1956.
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 applicable.
7.(a) Application should be made well in advance of arrival of the goods to allow time for any necessary
checks to be made regarding details supplied etc.  In  certain circumstances import permission can be given
for goods which have arrived at the point of entr y and where no pre-arranged permission is available.
(b) In the case of most importations in this category it will not be possible for permission to be issued
immediately on request.
(c) Permits may be issued at any period of the year.G/LIC/N/3/AUS/2
Page 5
(d) Applications for permission to import most anim als, plants and products thereof into Australia
involve a single approach to the appropriate area of the Australian Quarantine and Inspection Service
(AQIS).  Some requests may require written support from State authorities or particular specialist
organisations before Commonwealth  permission can be considered.
8. Beyond the failure of an applicant to meet standard criteria, a request for permission to import can
be refused at the discretion of the relevant Minister.  Reasons for refusal will normally be advised.  While
there are no formal structures in place through which an appeal may be lodged, an applicant may choose to
correspond with the Minister to question his/her decision.
Eligibility of importers to apply for a licence
9.(a) Not applicable.(b) All persons, firms and institutions are e ligible to apply for permission to import.
Documentational and other requirements for application for licence
10. Applications for permission to import must be ma de in writing to the relevant Minister.  The form
of the application and information required will depe nd on the nature of the animal/plant/product/derivative
for which permission to import is required.  Where th e importation of the item comes under the jurisdiction
of the Wildlife Permits and Enforcement Section (WPE S) the importer should approach that section directly
specifying details of whether animals are alive or dea d, whether plants are alive or dead, as well as other
variations on which type of animal, animal product, plant or goods to be imported.  The section will then
forward the appropriate form to the importer fo r completion.  The address for correspondence is:
Wildlife Permits and Enforcement Section (WPES)
Environment Australia
GPO Box 787
CANBERRA  ACT  2601
Australia
Where the importation of the item comes under the jurisdiction of the Australian Quarantine and
Inspection Service the importer should approach that Se rvice directly specifying details of what aspect of
animal, animal product, plant or goods are to be im ported.  The Service will then forward the appropriate
form to the importer for completion.  The address for correspondence is:
Australian Quarantine and Inspection Service
Department of Agriculture, Fisheries and ForestryGPO Box 858
CANBERRA  ACT  2601
Australia
11. Permits must be obtained prior to importation and are required on importation.
12. Where importations require periods of quarantine c ontainment or treatment, e.g. cleaning, spraying,
to eliminate the risk of entry into Australia of dis eases, pests etc., the importer will usually be required to
bear the costs of such action.  Specific details of charges may be obtained on enquiry directed to the
appropriate permit issuing authority.
13. No.G/LIC/N/3/AUS/2
Page 6
Conditions of licensing
14. The period of validity of a permission would de pend on the nature of the importation:  specific
details to be supplied on enquiry.  Legislation wi ll normally not allow for continuing permission.
15. No.
16. No.17. Conditions may be applied in respect of such issu es as custody, end use, di sposal or distribution of
imported goods. Specific details may be supplied on enquiry.
Other procedural requirements
18. No.
19. Not applicable.G/LIC/N/3/AUS/2
Page 7
II. WILDLIFE AND WILDLIFE PRODUCTS
-  Environment Protection and Biodiversity Conservation Act 1999
Outline of system
1. Under the  Environment Protection and Biod iversity Conservation Act 1999  (the EPBC Act),
administered by the Wildlife Australia Branch of Environment Australia, paper permits, as required under
the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) are issued
to persons, firms and organisations for the importation of wildlife and wildlife pr oducts that are subject to
the legislation.  This legislation is enforced at the ports of entry by the Australian Customs Service which
acts on behalf of the Wildlife Australia.  An obliga tion exists under the Act that requires the Minister to
regularly publish a register setting out particulars of applications for permits and decisions made by theMinister in respect to those applications.
Purposes and coverage of licensing
1. 2. Wildlife and wildlife products that are subject to control under this legislation are listed
under the Act.  The lists reflect the appendices to the Convention on International Trade in Endangered
Species of Wild Fauna and Flora, as well as domestic measures approved by the Minister in accordance
with that Convention.  Inclusion on the list of species suitable for live import is done by statutory process
involving scientific assessment of potential environmental risk.
3. The system applies to wildlife/wildlif e products originating from all countries.
4. There are no restrictions in relation to the quantity or value of imports.
Government procedures require a Regulation Impact Statement (RIS) to be prepared prior to any
amendment or addition to the current licensing framework. A RIS is prepared to ensure that Government
considers various options and chooses the one that provides the most cost-effective benefits to thecommunity, consumers, industry and government.
5. Environment Protection and Biodi versity Conservation Act 1999.  Licensing is a statutory
requirement and designation is by statute.  It is not  possible to change designations or abolish the system
without legislative approval.
Procedures
6. Not applicable.7.(a) The importer must obtain approval before the it em leaves the country of export.  The, maximum
period allowed under the Act is 90 days i.e. the time a llowed to assess applications to import.  Permits can
be obtained within a shorter time period.  Permits cannot be issued retrospectively.
(b) In exceptional circumstances licences can be granted immediately on request.
(c) There are no such limitations(d) Consideration of licence applications is by Wild life Australia.  Importers may, however, have to
approach other government (Commonwealth, State and Territory) agencies for approval to import due to
conditions that apply to the type of item.  Examples  of such agencies would be the Australian Quarantine
and Inspection Service (AQIS), Ther apeutic Goods Administration or a State Conservation Department.G/LIC/N/3/AUS/2
Page 8
8. Apart from statutory or ordinary  requirements there are no other criteria.  Reasons for refusal are
given to applicants.  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. All persons, firms and institutions are eligible to apply.
A register of scientific institutions, museums and other institutions eligible for certain exemptions
under the Convention is maintained by the CITES Secret ariat, and this register is recognised under the
EPBC Act.  Fees are not required for registration.
Documentational and other requirements for application for licence
10. The documents that are required are those that w ill verify the origin of the wildlife or wildlife
products, usually an export permit from the Convention on International Trade in Endangered Species of
Flora and Fauna Management Aut hority of the exporting country.
Prior to importation occurring a permit issued by Wildlife Australia is required.  Under the Act
import permits can not be issued after importation.  If  the import permit is not issued before import has
occurred then the item will be seized.  Import refers to arrival at any Australian territory/port or waters.
Permits can be found at http://www.ea.gov.au/biodiversity/trade-use/index.html .
11. In most cases, the Wildlife Australia import permit and a valid export permit from the country of
origin.  In certain circumstances, if part of a person’s personal baggage, the export permit from theexporting country will suffice.
12. A fee of $A30 applies to the granting of each im port or export permit.  Imports for non-commercial
purposes require case by case assessment and may therefore attract a fee of $A150 for the granting of a
permit.
13. The fee must be paid before the issue of the permit.  The fee is fully refundable.  Full payment of
the fee applies - there is no requirement for an advance payment which is retained for a defined period.
Conditions of licensing
14. CITES allows for permits to be valid for up to six months, and cannot be extended.  Non CITES-
listed native export and import permits may be issued for up to three years.
15. No.16. Yes.  The new importer must meet the same cr iteria for issuing the permit in order to have an
existing permit transferred to them.
17. Conditions may be imposed on the permit, and quantitative limits, where appropriate, are specified
as conditions. Conditions usually relate specifically to the trade in wildlife.  One such condition that may be
imposed is a prohibition on the transfer of  a wildlife specimen to another party.
Other procedural requirementsG/LIC/N/3/AUS/2
Page 9
18. In some cases the approval/certification of other agencies is required prior to the issue of a permit
or authority.
19. Not applicable.G/LIC/N/3/AUS/2
Page 10
III. THERAPEUTIC SUBSTANCES AND GOODS
-  Therapeutic Goods Act 1989
-  Commonwealth of Australia Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
Outline of systems
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. Importation of
substances specified in Regulation 5A(1) and goods included in Schedules 7A and 8 of the Customs
(Prohibited Imports) Regulations is controlled unde r Regulation 5A, 5G and 5H of those Regulations.
Importation of these substances is prohibited except with the permissin of the Secrertary of theCommonwealth Department of Health and Ageing.
Purposes and coverage of licensing
2. The therapeutic substances/goods covered are:
• Substances named in Regulation 5A(1).  Currently, only antibiotic substances are so
specified. Exemption applies in the case of:
• Antibiotics carried by a passenger on a ship or aircraft where the antibiotics are for the
sole use of the passenger or the passenger’s relative, and the amount does not exceed 3
months supply of the substance at the maximum dosage recommended  by themanufacturer of the substance; or
• Antibiotics required for the use of an animal that is being imported and is under the care
of a passenger on the same ship or aircraft and the amount does not exceed 3 monthssupply of the substance at the maximum dosage recommended  by the manufacturer of
the substance; or
• Antibiotics imported by a member of a group of persons visiting Australia to participate
in a national or international sporting event, and for use in the treatment of a member or
members of that group or an animal that is being imported and is under the care of the
group.
• Goods to which Regulation 5G and 5H refer, that is, goods, which are, listed in Schedules 7A
and 8 to the Regulations.  Schedule 7A currently lists therapeutic goods which are mostly,hormones.  An exemption applies for those goods listed in Schedule 7A:
• 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/2
Page 11
However, the above exemption does not apply if the goods are required for the medical treatment
of a person who is a competitor within the meaning of the Australian Sports Drug Agency Act 1990 ; or a
person who has come to Australia for purposes re lating to the performance of a competitor or the
management of a competitor or a competitor’s interest.
3. The regulation of importation, as provided under the Customs (Prohibited Imports) Regulations,
applies to the importation of therapeutic goods from all countries.
4. The importation of antibiotics is regulated as a pubic health measure.  It also allows information
on the distribution and consumption of antibiotics in Au stralia to be obtained.  Goods listed in Schedules
7A and 8 to the Regulations are those known to be associated with particular hazards or concerns, which
warrant restriction or prohibition of their use.  The monetary value of the goods is not a criterion forcontrol.
5. The control on importation of the specified goods is a statutory requirement under the Customs
(Prohibited Imports) Regulations made under the Commonwealth of Australia Customs Act 1901 .  It is
not possible to abolish the current system without legislative approval
Procedures
6. Not applicable.
(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.
(a) Permits may be issued immediately if a genuine emergency exists;
(b) Permits may be issued at any period of the year.
(c) Applications for import permission required by Regulation 5A to 5H are processed and issued
within the Commonwealth Department of Health and Ageing.
7 If permission for importation 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 Commonwealth Minister administering
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.
8 The affected person is notified in writing of any refusal or revocation. A request for review of the
refusal can be made to the Commonwealth Minister administering 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.
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.G/LIC/N/3/AUS/2
Page 12
Documentational and other requirements for application of licence
10. For permission to import antibiotics under Regulation 5A(1), applications should be made in
writing, including the following information:
• Importer's name and address;
• Name of the manufacturer and location of the manufacture;
• Details of the goods to be imported (whether raw material or formulated product);
• Quantity and distribution (end-use).
For permission to import goods specified in Sc hedule 8 (Regulation 5H refers) the written
application must include:
• Importer's name and address;
• Exporter's name and address;
• Full details of the product proposed for import;
• Supervising doctor's prescription, 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 (Form T26), but may be by letter of
authority.
12. No.13. No.Conditions of licensing
14. Permits may apply to one consignment only, or remain valid for successive consignments within
a stated period (usually one year).
15. No.16. No.
17. Conditions are not usually related to the quantity imported for substances named in Regulation
5A(1).  Permits issued for substances in Schedu les 7A and Schedule 8 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 which is based onestablished need and end use.  The following conditions may be applicable:
(a) the custody, use, disposal or distribution of the imported goods.(b) the keeping of records relating to the imported goods.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:  For example, requirements for entry of goods in the Australian Register ofG/LIC/N/3/AUS/2
Page 13
Therapeutic Goods prior to supply; requirements for compliance with standards and advertising
regulations and with Codes of Good Manufacturing Practice.
19. Not applicable.G/LIC/N/3/AUS/2
Page 14
IV. NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED CHEMICALS
-  Australian Commonwealth Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
Outline of systems
1. Licences and permits are issued to control the import of specified narcotic drugs, psychotropic
substances and related chemicals. 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 medical and scientific need and preventing diversion to the illicit drug market.
Purposes and coverage of licensing
2. The drugs covered are substances listed in Schedule 4 of the Customs (Prohibited Imports)
Regulations.  The licensing system covers persons involved in international trade of those substances
listed in Schedule 4, their derivatives, precursors and related substances. These include the drugs and
chemicals required to be controlled under the Single Convention on Narcotic Drugs, 1961, theConvention on Psychotropic Substances, 1971, and Table I 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 aircraft
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 purposes of that treatment;
and
(iii) was supplied to the person in accordance with the prescription of the veterinarian.
3. The system 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 ofcontrolled substances and is one strategy adopted to address drug misuse. The system is based on the
requirements of the international treaties.
5. The Commonwealth of Australia Customs Act 1901  and the Customs (Prohibited Imports)
Regulations govern the importation of drugs.  The licensing of importers is a statutory requirement underparagraphs 50(3)(a) and (b) of the Customs Act 1901 .The drugs subject to control are specified in
Schedule 4 to Regulation 5 of the Customs (Prohibited Imports) Regulations.  This system cannot be
abolished without legislative approval.
Procedures
6.I. National import limits for substances controlled by the Single Convention are set by an estimates
system administered by the International Narcot ics Control Board (INCB).  The INCB publishes the
estimates (import limits) for all parties to the Conventions.  Allocation of limits for imports fromG/LIC/N/3/AUS/2
Page 15
particular countries is not applicable.  Individual importers are allocated a quota, within Australia’s
estimate, for each substance and advised of their quotas.  These quotas are regarded as commercial-in-
confidence and are not published or made available to third parties.  Requests for exceptions and
derogations from the licensing requirements must be directed to the Treaties and Export Section,
Chemicals and Non-Prescription Medicines Branc h, Therapeutic Goods Administration, Commonwealth
Department of Health and Ageing.
II. Quotas are allocated annually to each licensed importer based on previous requirements and
stock levels.  Some of the estimate is not allocated in initial quotas so that individual allocations may be
increased where justified and to make provision for new importers.
III. Whether applicants are domestic producers is not relevant to their application for an import
licence.  Import permits are required for each shipment and are only issued to licensed importers.  Quotas
are maximums rather than targets and therefore it is not necessary for permits to be issued for the entire
amount, nor is unused allocation accumulated.  A list of licensed importers is available to governments
on request.  Quota information is not available.
IV. Applications for licences are accepted at any time.  Quotas are assigned and reviewed as INCB
estimates are set.
V. Licence applications may take six to eight weeks to process because of the stringent checks made
on the personnel involved and on the security arrangements in place.  Licences are issued annually.Permits generally take may be issued on the day of application.  Almost all permits are issued within ten
working days of the application.
VI. An import permit may be issued immediately foll owing the grant of a licence.  Import could then
proceed.
VII. Licences and permits are administered by the Treaties and Export Section, Chemicals and Non-
Prescription Medicines Branch, Therapeutic Goods Administration, Commonwealth Department of
Health and Ageing.  Generally no other authority is required.  However, additional controls are imposed
on some substances (for example, if the drug is not approved in Australia, quarantine restrictions, etc.)
and the appropriate procedures for these controls must also be completed.
VIII. There is no limit on the number of licences and permits to be issued. However where relevant,
the total imports cannot exceed the INCB administered estimate.  Licence renewals are examined
simultaneously. New licence applications are examined upon receipt.
IX. Import permits are required for all shipments of controlled substances regardless of whether an
export permit is also required.  In fact, for many of the controlled substances, the conventions require that
the export permit can only be issued after an import permit has been sighted.
X. As required by the Single Convention on Narcotic Drugs and the Convention on Psychotropic
Substances, copies of all import and export permits are forwarded to the competent authority of theimporting or exporting country.
XI. Yes, when an import would result in Australia  exceeding the INCB estimate and the import is for
the purpose of re-export.
7.(a) There is no minimum advance notice required for a licence or permit application.  However,
stringent checks of applicants for licences are undertak en in order to issue a licence.  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.G/LIC/N/3/AUS/2
Page 16
(b) A licence would not normally be granted immediately as some conditions must be fulfilled.
Checking of applicants' suitability to hold a licence generally take some time and therefore licences
cannot generally be issued immediately upon request.
(c) No.
(d) Import licences and import permits are both issued by the Commonwealth Department of Health
and Ageing.  When considering licence applications, other authorities may be contacted by the
Department to verify application details (for example, criminal records).  The applicant does not need to
approach these authorities.
8. An application may be refused if :
• The criteria are not met.  These criteria require the importer to be a “fit and proper person” and
maintain adequate security for storage for security;
• The import would be excessive to national requirements;
• If other permission is required but have 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.
The affected person is notified in writing of any refusal or revocation. A request for review of the
refusal can be made to the Commonwealth Minister administering 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.
Eligibility of importers to apply for licence
9.(a) 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 securityarrangements 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.  In
addition, the licence holder must have an authority under State or Territory law to be in possession of the
substance before a permit will be issued.
A list of licensed importers is available to other governments from the Commonwealth
Department of Health and Ageing.
(b) Not applicable.Documentational 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 "Applicati on for a Permit to Import Controlled Substances"
respectively.  Copies of these Application Forms are attached. (Appendices  A and B).
For a licence application, the following information must be supplied:G/LIC/N/3/AUS/2
Page 17
• 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, manufacture or distribution of the substances;
• Details of all persons who will have access to the controlled substances, including their positions
and qualifications and specific background information 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,
etc.).
For a permit application, the following information must be supplied:
• 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;
• Mode of transport (e.g. airfreight, seafreight, etc.);
• 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 complementary
overseas export permit.
12. No.13. No.Conditions of licensing
14. Import licences are valid until the end of the calendar year (year of application if applied for
before 30 September, or following year if after 30 September). Import permits are usually valid for sixmonths, but may be amended if necessary.
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.  However, quotas may be transferred between
importers with the agreement of both parties.
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 forveterinary use only).
Other procedural requirementsG/LIC/N/3/AUS/2
Page 18
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.  For example, requirements for
entry of goods in the Australian Register of Therapeutic Goods prior to supply; requirements for
compliance with standards and advertising regulations and with Codes of Good Manufacturing Practice
19. Not applicable.G/LIC/N/3/AUS/2
Page 19
V. ANTARCTICA
-  Antarctic Treaty (Environment Protection) Act 1980 as amended by the Antarctic
(Environment Protection) Legislation Amendment Act 1992
Outline of system
1. Under the Antarctic Treaty (Environment Protection) Act 1980  as amended by the Antarctic
(Environment Protection) Legislation Amendment Act 1992 , in line with the requirements of the Protocol
on Environmental Protection to the Antarctic Treaty (the Madrid Protocol), it is not permitted to import
certain items into Antarctica. The legislation applies to Australian nationals for all areas South of
60°South and for foreign nationals to the Australian Antarctic Territory only.
Purposes and coverage of licensing
2. The import licensing system is maintained under the Antarctic Treaty (Environment Protection)
Act 1980, which provides, under:
• Paragraph 19(1)(c), that a person shall not bring into the Antarctic an animal, plant, virus,
bacterium, yeast or fungus that is not indigenous to the Antarctic unless the animal (not being alive bird), plant, virus, bacterium, yeast or fungus, as the case may be, was brought into the
Antarctic to be used as food. None of these items may be brought into Antarctica for research
purposes unless authorised by a permit.
• Paragraph 19(1)(ca), 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 packagingmaterial.
• Paragraph 19(1)(cb), that a person shall not bring into, or keep in, the Antarctic any pesticide
unless for scientific, medical or hygienic purposes.
3. The system applies to goods coming from all countries.
4. The above restrictions have been put in place to implement the Madrid Protocol, the objective of
which is the comprehensive protection of the Antarctic environment and dependent and associated
ecosystems.
Government procedures require a Regulation Impact Statement (RIS) to be prepared prior to any
amendment or addition to the current licensing framework. A RIS is prepared to ensure that Government
considers various options and chooses the one that provides the most cost-effective benefits to the
community, consumers, industry and government.
5. The Antarctic Treaty (Environment Protection) Act 1980 . The system cannot be abolished
without legislative approval.
Procedures
6. Not applicable.7.(a)-(b)  Scientists who have applied to conduct research under the umbrella of Australian National
Antarctic Research Expeditions are advised if there is a need for them to obtain a permit under paragraph
19(1)(c).G/LIC/N/3/AUS/2
Page 20
Approximately four weeks should be allowed for processing of an application for a permit.
Permits cannot be issued retrospectively; accordingly, where necessary, the researcher must have
obtained a permit prior to arriving in Antarctica.
(b) No.
(c) Permits are prepared by the Antartic Treaty and Government Section of the Australian Antartic
Division of the Commonwealth Department of the Environment and Heritage.
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 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. All scientists whose research projects have been supported under the Australian Antarctic Science
Program are eligible to apply for a permit.  No fee is charged for a permit.
Documentational and other requirements for application for licence
10. The chief investigator for a research project 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 introduced to Antarctica;
• intended access to specially protected areas;
• sample specimens to be extracted;
• members of research team or field project;
• organisation affiliated to research project.
A copy of the application form is available at:
http://www.aad.gov.au/environment/per mits/activities_reqring_permits.asp .
11. Inspectors appointed under the Act monitor activity undertaken to ensure that it is in accordance
with the approved permit
12. No.
13. Not applicable
Conditions of licensing
14. The period of validity of a permit is dependent on the length of time the scientist is scheduled to
stay in Antarctica, but it would be unlikely for th is period to exceed 12 months. An application may be
made by the chief investigator to extend the period of validity of a permit.G/LIC/N/3/AUS/2
Page 21
15. There is no penalty for non-utilisation of a permit.
16. Permits are not transferable. However, application can be made to amend a permit to include a
new researcher's name and, where appropriate, delete any previous researcher's name.
17. Not applicable.
Other procedural requirements
18. Not applicable.19. Not applicableG/LIC/N/3/AUS/2
Page 22
VI. TERRITORY OF HEARD ISLAND AND MCDONALD ISLANDS
-  Environment Protection and Management Ordinance 1987
Outline of systems
1. The purpose of this Ordinance is to preserve and manage the Territory so as to protect the
environment and the indigenous wildli fe of the Territory.  The Territory  of Heard and McDonald Islands is
an external territory of Australia.  The territory is taken to comprise the islands, all offshore rocks and
shoals, and the 12 nm territorial sea.
Purposes and coverage of licensing
2. The Territory of Heard Island and McDonald Islands Environment Protection and Management
Ordinance 1987 prohibits:
• under Section 13 of the Ordinance the importation into the Territory of any diseased organism, or
live poultry;
• under Subsection 14(1) of the Ordinance the importation  into the Territory of any organism, or
any dead poultry or poultry products unless in accordance with a permit.  However, underSubsection 14(2) no permit is required where importation is done to avoid possible loss of human
life or injury to persons, or risk to the safety of an aircraft, a vehicle or a vessel.
3. The system applies to goods coming from all countries.4. No.
Government procedures require a Regulation Impact Statement (RIS) to be prepared prior to any
amendment or addition to the current licensing framework. A RIS is prepared to ensure that Governmentconsiders various options and chooses the one that provides the most cost-effective benefits to the
community, consumers, industry and government.
5. The Territory of Heard Island and McDonald Islands Environment Protection and Management
Ordinance 1987.  It is not possible to abolish the system without legislative approval.
Procedures
6. Not applicable.7.(a)-(b)  Scientists who have applied to conduct research under the umbrella of Australian National
Antarctic Research Expeditions are advised if there is a need for them to obtain a permit underSubsection 15(1).
Non-government agencies and individuals ma y contact the Antarctic Division of the
Commonwealth Department of the Environment and Heritage to seek general information and
requirements and are at that time informed of the need for them to obtain a permit under subsection 15(1).
Approximately six weeks should be allowed for processing of an application for a permit.
Permits cannot be issued retrospectively. The permit-holder must have obtained the permit prior to arrival
in the Territory.G/LIC/N/3/AUS/2
Page 23
(c) No.
(d) Permits are prepared by the Antartic Treaty and Government Section of the Australian Antartic
Division of the Commonwealth Department of the Environment and Heritage.
8. An application for a permit will only be refused if it does not meet the ordinary criteria.  The
reasons for refusals are given to the applicant and the a pplicant has a right of appeal.  Particulars of refusals
to grant permits are published in the Commonwealth Government Gazette and those particulars are
accompanied by a statement to the effect that, subject to the Administrative Appeal s 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. Any person is eligible to apply for a permit to import into the Territory.
Subsection 15(4) of the Ordinance provides for the charge of a fee, not to exceed $A50, payable
in respect of the issue of a permit. However, the practice is that no fee is charged.
Documentational and other requirements for application for licence
10. The application should include the following information:
• 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;
• organisation affiliated to research project.
The applicant is not required to supply documentation with the application,
A copy of the application form is available at:
http://www.aad.gov.au/environment/permits/himi.asp .
11. The permit system in the Territory is self-regulating.
12. Not applicable.13. Not applicable.Conditions of licensing
14. The period of validity of a permit is dependent on the length of time the applicant is scheduled to
stay in the Territory. Permits may be varied to extend the period of validity of the permit.
15. There is no penalty for non-utilisation of a permit.G/LIC/N/3/AUS/2
Page 24
16. Permits are not transferable. However, a permit can be varied to amend the permit to include a
new name and, where appropriate, delete any previous name.
17. Not applicable.
Other procedural requirements
18. Not applicable.
19. Not applicable.G/LIC/N/3/AUS/2
Page 25
VII. OZONE PROTECTION
-  Ozone Protection Act 1989
-  Ozone Protection (Licence Fees – Imports) Act 1995
-  Ozone Protection (Licence Fees – Manufacture) Act 1995
-  Customs (Prohibited Imports Regulations) 1956
Outline of systems
1. The Ozone Protection Act 1989  regulates the import, export and manufacture of certain ozone
depleting substances. Regulation varies according to the substance in question. For
hydrochlorofluorocarbons and methyl bromide a system of controlled  substances  licences exists for their
import, export and manufacture. In contrast, the import, export and manufacture of chlorofluorocarbons(CFCs), hydrobromofluorocarbons (HBFCs), halons, methyl chloroform and carbon tetrachloride has
been banned since 1 January 1996, except for essential uses  which are also required to be licensed under
the legislation. The legislation also issues licenses for the import of recycled or used ozone-depleting
substances into Australia. Strict conditions and reporting requirements apply in relation to all licenses
issued.
Purposes and coverage of licensing
2. A controlled substances license is required for the import, export or manufacture of bulk HCFCs
or methyl bromide (both pure and in mixtures). The licenses do not operate to control the import, exportor manufacture of products containing HCFCs or methyl bromide.
An essential uses license is required for the import, export or manufacture of CFCs, HBFCs,
halons, methyl chloroform and carbon tetrachloride (both pure and in mixtures). In addition, certain
products containing, manufactured with or requiring for operation these substances are prohibited fromimport, export or manufacture without an essential uses licence. An Essential Uses Licence is issued only
where the use of a substance is essential for medical, veterinary, defence, industrial safety or public safety
purposes and no practical alternative exists.
A used substances licence permits the holder to import or export any of these substances
provided that they have been used and/or recycled.
3. The system applies to goods from all countries.
4. The licensing system implemented by the Ozone Protection Act 1989  is
intended to restrict quantities of ozone-depleting substances as required by the Montreal Protocol, and to
prevent thinning of the global ozone layer. The certainty of implementation required by the MontrealProtocol necessitated the use of a legislative instrument.
Government procedures require a Regulation Impact Statement (RIS) to be prepared prior to any
amendment or addition to the current licensing framework. A RIS is prepared to ensure that Government
considers various options and chooses the one that provides the most cost-effective benefits to thecommunity, consumers, industry and government.
5. The legislation under which licences are maintained include:
• Ozone Protection Act 1989
• Ozone Protection (Licence Fees – Imports) Act 1995
• Ozone Protection Regulations 1995G/LIC/N/3/AUS/2
Page 26
• Ozone Protection (Licence Fees – Imports) Regulations 1995
Licensing is a legislative requirement. It is an offence to import, export or manufacture a
scheduled substance without a licence. It is not possible to abolish this system without legislative
approval.
The legislation does not leave designation of products to administrative discretion. All substances
that require licenses are specified in a schedule to the legislation. No other substances require licensing
under this legislation.
Procedures
6.I. Information on licences is published in the Government Gazette, as well as in customs notices,
trade journals, on the Commonwealth Ozone Protection website and in an Australian database forbusiness. The Government deals directly with holders of existing licences. The overall amount of
imports, and not an individual importer’s allocation, is  advertised in the Commonwealth Gazette. There
are no quotas on amounts to be imported from specific countries, but imports and exports must be fromcountries that are Parties to the Montreal Protocol. The legislation does not provide for any exception or
derogation from licensing requirements.
II. Controlled substances licences and used substances licence are issued biennially. Each grant of a
controlled substance licence specifies the amount permitted to be imported or manufactured during the
entire quota period. The current licence period runs from 2002 until the end of 2003.  Essential use
licences are issued annually. Each licence specifies the amount and type of substance to be imported forthe entire duration of the licence.
III. Australia has no domestic manufacture of any of the substances controlled under the Ozone
Protection Act 1989 . All licensees are importers of substances. Any company wishing to manufacture
these substances in Australia would be subject to the same licensing requirements as importers.
Unused quotas are not added to those of the succeeding period. Upon request, the names of Australian
importers are available to anyone. As licences are advertised in the Commonwealth Gazette, they arealready in the public domain.
IV. Licence applications may be made at any time. The Government will seek licence applications
for a new licence period six months prior to the commencement of the licence period.
A licence application generally takes two months to process. Licences may not take longer than
this as the Ozone Protection Act  provides that if after 60 days the Minister has not granted a licence or
sought more information, the application is deemed to  be refused, unless a formal request for information
has been made, allowing an indefinite extension of the processing period pending provision of the
requested information.
V. Licences will specify the period to which they are to apply. For controlled substances licences,
the licence will ordinarily be granted prior to the commencement of the quota period (which operates on a
one or two calendar year basis) and be dated to commence on the same date as the quota period. The
period between the grant of licence and the commen cement of approved importation will therefore vary
between applications according to their date of submission.
VI. Consideration of licence applications is solely administered by Environment Australia’s Ozone
Protection Section. Importers need only approach this section.
VII. For methyl bromide, no restriction is placed on the maximum number of importers.  While
overall maximum quantities to be imported are not specified or restricted under the licensing system, the
portion of total imports that is subject to a particular end-use is subject to a quantity restriction quota.This quota is set on a pro rata basis in accordance with past performance, but can be transferred betweenG/LIC/N/3/AUS/2
Page 27
licensed importers. All methyl bromide applications are examined simultaneously prior to the
commencement of a new quota period.
HCFCs quotas are set on a pro rata basis in accordance with past performance. Should a new
importer wish to enter the Australian market, they will need to apply for a licence and purchase a quota
from an existing importer. All HCFC applications are examined simultaneously prior to the
commencement of a new quota period.
VIII. No such bilateral arrangements exist.
IX. Not applicable.
X. Such conditions are not applied to the majority of import licences.  One small-volume category
of imports only has this condition applied.
7.(a) A licence for import may be applied for at any time. Applicants are discouraged from organising
an import until a permit or a licence has been granted.
(b) No. The Minister, upon the recommendation of th e Department approves applications. A period
of time is required to assess an application and to bring it to the Minister’s attention.
(c) No. Licences are granted for a specified period (usually one or two calendar years). Applicationsfor licence may be made at any time during a licence period.  If granted, the licence will expire at the end
of the current licence period. The licence application fees of $A10,000 for controlled substance licences
and $A2000 for an essential uses licence remain independent of the period of time left in the licenceperiod.
(d) Yes.  Consideration of licence applications is administered by Environment Australia, Ozone
Protection Section.
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 theAdministrative Appeals Tribunal for a review of the decision not to issue a licence. 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) Yes.
(b) Not applicable.
Documentational and other requirements for application for licence
10. An application will normally include:
• the name and address of the applicant;
• the amount of the substance proposed for import;
• the proposed use of the substance;
• the amount of previous licences;
• any convictions for offences against the Act or Regulations committed within previous 10 years;
• contraventions of conditions of a licence under the Act.
Copies of the standard application forms are attached.  (Appendices C - G).G/LIC/N/3/AUS/2
Page 28
11. Upon importation, an importer must present standard customs documentation along with a valid
licence issued under the Ozone Protection Act .
12. Licence fees are charged on applications. These amounts are stated in question 7(c). In addition,
holders of a controlled substance licence are required to pay a quarterly activity fee which is calculated
by reference to the ozone-depleting potential of the substances imported (for HCFCs, $2000 per ozone-
depleting potential tonne) or by reference to the metric tonnage imported (for methyl bromide per metric
tonne).
13. Applications for licences cannot be considered prior to payment of the non-
refundable application fee.
Conditions of licensing
14. A controlled substance licence will be valid until the end of the current license or quota period,
unless revoked by the Minister. License and quota periods range from one to two calendar years,
depending on the substance being imported.  Licenses cannot be extended beyond the end of a quotaperiod. All licensees wishing to continue imports beyond the end of one quota or license period are
required to reapply for a licence for the next quota period.
15. No.
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 Minister.
17. Licensees are not permitted to trade in ODS with non-parties to the Montreal Protocol. Reporting
requirements apply to all licences. In cases wher e there may be some concern regarding a licensee’s
environmental record, special conditions may be placed upon the license to ensure effective
environmental management systems are in place.  C onditions may also apply to the purpose to which the
imported substance is to be applied.
Other procedural requirements
18. No.l9. Not applicable.G/LIC/N/3/AUS/2
Page 29
VIII.  HAZARDOUS WASTE
-  Hazardous Waste (Regulation of Exports and Imports) Act 1989
Outline of system
1. Under the Hazardous Waste (Regulation of Exports and Imports) Act 1989  (the Act), administered
by Environment Australia, permits are issued to persons, firms and organisations for the importation (and
exportation) of hazardous wastes that are subject to th e legislation. All records in relation to the issuing of
import permits and authorities are maintained in hardcopy and on a computerised database.
The Act regulates all transboundary movements of hazardous wastes as agreed by Australia as a
Party to the Basel Convention
Purposes and coverage of licensing
2. In accordance with Australia's obligations under the Basel Convention and in the Organisation
for Economic Co-operation and Development (OEC D) Council Decision C(92)39, the Act presently
applies to hazardous wastes as listed on the schedules to those agreements. Under the Act, a system of
evidentiary certificates for specific listed hazardous wastes provides greater certainly about materials
subject to control. Guidance is being prepared on the hazardous characteristics of specific wastes, and on
discriminating between the definition of "hazardous waste" and discriminating between "wastes" and
"products" by an expert Technical Group authorised by the Minister for the Environment.
3. The system applies to the import of hazardous wastes originating from any country.4. The licensing ensures that Australia's commitments as a party to the Basel Convention are
upheld.  To that effect, transboundary movements of hazardous wastes and other wastes is to be reducedto the minimum consistent with the environmentally sound and efficient management of such wastes and
to be conducted in such a manner which will prot ect human health and the environment against the
adverse effects which may result from such movement. It is not intended to place specific restrictions as
to value or quantity of imports.
5. Government procedures require a Regulation Impact Statement (RIS) to be prepared prior to any
amendment or addition to the current licensing framework. A RIS is prepared to ensure that Governmentconsiders various options and chooses the one that provides the most cost-effective benefits to the
community, consumers, industry and government.
6. Hazardous Waste (Regulation of Exports and Imports) Act 1989 .  Licensing is a statutory
requirement for the import of any hazardous waste liste d in schedules to the Basel Convention or the OECD
Council Decision (92)39. The OECD Council adopted new Amber and Gr een Lists on 14 June 2001: Red
List Wastes have been included in the Amber List.  This brought the OECD Lists into greater alignment
with the Basel Convention Lists.  The old lists will conti nue to be used in Australia until the revised lists are
adopted by amendment Regulations in 2002.  Matters of dispute regarding designation of materials as
hazardous wastes can be referred to the expert Tec hnical Group.  It is not possible to abolish the system
without legislative approval.
Procedures
6. Not applicable.7.(a) The importer must obtain approval before the item leaves the country of export. The period
allowed under the Act is normally 60 days, i.e., the time allowed to assess applications to import.G/LIC/N/3/AUS/2
Page 30
Licences might be processed within ashorter time period, but it is not possible to guarantee this in
advance. Licences cannot be issued for items arriving at a port without the prescribed documentation.
(b) No. Permits are issued only after authorisation by the Commonwealth Minister for the
Environment or delegate, with a requirement under the Act for determination of the justification forimport and the fitness of the processing organisation to treat the material in an environmentally sound
manner.
(c) There are no such limitations.(d) Consideration of licence applications is effected by a single administrative organ, Environment
Australia. Importers may, however, have to appr oach other government (Commonwealth, State and
Territory) agencies for approval to import due to conditions that apply to the type of item. Examples of
such agencies would be the Australian Quaranti ne and Inspection Service (AQIS), Therapeutic Goods
Administration or the appropriate State or Territory environment agency.
8. Apart from statutory or ordinary  requirements, there are requirements under the Basel Convention
for all States of Transit to control the transboundary  movement.  These controls will normally be the
responsibility of the State of export.  Refusal to accep t the movement by any such state shall cause the State
of export to deny a permit.  Reasons for refusal of an export permit are given to applicants. Applicants
refused permission to exports may appeal to the Ad ministrative Appeals Tribunal on the merits of 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 may apply.Documentational and other requirements for application for licence
10. In general the application requests the following information:
• identity and suitability of the applicant, including applicant's name and address and financial
situation;
• description of the material to be imported and/or exported;
• method of transportation, ports of entry/exit for importation/exportation;
• method of disposal of the waste.
Copies of an information paper on applications and the application forms are attached.
(Appendices D-K) (There are different forms for Basel Convention or OECD imports under the Act
which reflect the different specific requirements of the Basel Convention and the OECD Decision.)
Additional documentation required with the application includes verification that the disposal is
safe, the capability of the processors to treat the material, and proof that appropriate insurance has been
arranged.
11. The import permit is required and a valid export permit from the country of origin may be
required as a condition of this permit.G/LIC/N/3/AUS/2
Page 31
12. The amounts are based on the staff and ancillary costs of administering a permit application.  The
Commonwealth Minister for the Environment and Heritage has the discretion to reduce the amount of the
fee in certain circumstances, such as where the waste is being imported or exported for humanitarian
reasons, for scientific research and testing or encouraging activities which further environmentally sound
management of hazardous wastes.  Import application fees are A$270 for Basel or Special (i.e. for OECDtrade) permits, or A$210 where the facility in Australia to which they are to be sent has been pre-
authorised.
13. The fee must be paid at the time of application. The fee is not refundable. Full payment of the fee
applies - there is no requirement for an advance payment which is retained for a defined period.
Conditions of licensing
14. Under the Basel Convention the import permit is va lid for a period of up to twelve months and may
cover either individual consignments or multiple tran sactions.  The permit cannot be extended.  Under the
OECD decision, the OECD Council has recently allowed the period for permits to be up to 36 months for
pre-authorised facilities.
15. No.16. Permits/licences are not transferable between importers.
17.(a) No.
(b) For products not subject to quantitative restriction there may be other conditions imposed on the
permit. These conditions usually relate 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.  This would usually be sought by Environment Australia.
19. Not applicable.G/LIC/N/3/AUS/2
Page 32
IX. RADIOACTIVE SUBSTANCES
-  Commonwealth of Australia Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
Outline of system
1. The importation of radioactive substances a nd goods containing radioactive substances is
prohibited under the provisions of  the Customs Act 1901 and Customs (Prohibited Imports) Regulations
1956 unless the permission in writing is granted by  the Commonwealth Minister for Health and Ageing,
the CEO of the Australian Radiat ion Protection and Nuclear Safety  Agency (ARPANSA) appointed in
writing by the Minister, or an Australian Public Se rvice employee assisting the CEO appointed in writing
by the Minister as an authorised of ficer, and presented to Customs at the time of importation. In order for a
permit to be considered the applicant must be in possession of a Radioactive Substances Licence from the
relevant Commonwealth, State or Territory radiation regulatory control jurisdiction.
Purposes and coverage of licensing
2. The goods covered include any radioactive material  or substance including radium, any radioactive
isotope or any article containing an y radioactive material or substance.
3. The regulations apply to the importation of goods from all countries.
4. The importation of radioactive substances is regulated as a community protection measure and to
comply with Australia's intern ational obligations under the Basel Convention on the Control of
Transboundary Movements of Hazardous Wastes.  The monetary value is not a criterion for control.
5. The control on importation of the specified goods  is a statutory requirement under Regulation 4R
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 should be made in advance of the arrival of the goods.
(b) Permits to import are granted when it is estab lished that the importer is in possession of a valid
Radioactive Substances Licence from the relevant Co mmonwealth, State or Territory radiation control
authority. For certain classes of radioactive substa nces the relevant Commonwealth, State or Territory
radiation control authority is advised of the applicat ion for permission to import and allowed five working
days to submit an objection to the granting of the permit.
(c) Permits may be issued at any period of the year.
(d) A permit is issued by the Minister for Health  and Ageing, the CEO of ARPANSA or an Australian
Public Service employee assisting the CEO appointed in  writing by the Minister as an authorised officer.
Applications to import radioactive materials or article s containing radioactive materials must be made to
ARPANSA on either an ARPANSA20 Form, Application for Customs Pr ohibited Import Release of
Medical Radioisotopes, or an ARPANSA Form 1,  Application for Customs Prohibited Import Release of
Non Medical Radioisotopes . These Forms, and instructions for completing the Forms are available on the
ARPANSA Web site (www.arpansa.gov. au). Before submitting an applica tion for permission to import, the
importer must be in possession of a valid Radioactive Substances Licence from the relevantG/LIC/N/3/AUS/2
Page 33
Commonwealth, State or Territory radiation control authority.  The licence number and licence details must
be stated on application Form.
8. Application for permission to import can be refuse d on the discretion of the Minister for Health and
Ageing. There is no right of appeal  against the Minister's decision.
Eligibility of importers to apply for licence
9.(a) Not applicable.(b) All persons, firms and institutions are e ligible to apply for permission to import.
Documentational and other requirements for application for licence
10. For permission to import, applications must be  made in writing to ARPANSA.  The application
should include the following information:
• importer's name and address;
• details of the goods to be imported;
• details of the Radioactive Substance Licence.
Application forms are available on the ARPANSA Web site (www.arpansa.gov.au).
11. The written permission of the Minister of Health a nd Ageing, or an authorised officer, is required to
be produced on import.
12. Yes. ARPANSA has an administrative charge of $90 for the granting of a single shipment permit
and $1080 for the granting of a Twelve Month Permit.
13. No.Conditions of licensing
14. Permits for the importation of medical or non medi cal radioisotopes may apply to one consignment
only, or may apply to an unlimited number of impor tations for a specified twelve month period (Twelve
Month Permit). Twelve Month Permits are issued  for the importation of radiopharmaceutical drugs
registered on the Australian Register for Therapeu tic Goods (ARTG) and for low hazard radioactive
materials. The holder of a Twelve Month Permit is requ ired to ensure that the radioactive materials are only
supplied to valid licence holders.
15. No.
16. No.
17. A permission granted under Regulation 4R may specify conditions or requirements to be complied
with by the holder of the permission.
Other procedural requirements
18. No.
19. Not applicable.G/LIC/N/3/AUS/2
Page 34
X. HAZARDOUS AND HEALTH RELATED GOODS
-  Commonwealth of Australia Customs Act 1901
Outline of system
1. Under the Trade Practices Act 1974  the responsible Minister has the power to ban supply of
goods on safety grounds.  Under the Customs (Prohi bited Imports) Regulation 4U goods subject to a
permanent ban under the Trade Practices Act are also prohibited imports.  The minister is also
responsible for goods covered under Regulation 4S.  The responsible minister can grant permission to
import banned goods.
Purpose and Coverage of Licensing
2. Goods covered under Regulation 4U are:-
• Glucomannan in tablet form
• Seat belt accessories
• Autotrend sun filter
• Victim toys
• Smokeless tobacco products
• Diveman underwater breathing apparatus
• “Quickie” line release system
• Gas marks which contain asbestos
Goods covered under 4S are: -
• Cigarette lighters
3. The regulations apply to importation of goods from all countries.
4. The importation of these goods is regulated as a community protection measure.  Goods included
are known to be associated with particular public health or safety hazards or concerns.  Goods covered by
regulation 4U are also prohibited from being supplied domestically.  Goods covered under regulation 4S
can only be supplied where they meet the minimum safety requirements.
5. The control on importation of the specified goods is a statutory requirement under the Customs
(Prohibited Imports) regulations made under the Commonwealth of Australia Customs Act 1901.  Thesystem 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
permission can be given to goods that have inadvertently arrived at the point of entry.
(b) Permits may be issued promptly if a genuine emergency exists.
(c) Permits can be issued throughout the year.G/LIC/N/3/AUS/2
Page 35
(d) Applications for importation of goods listed under Regulation 4U and 4S are processed and
issued by the department responsible for the Trade Practices Act 1974.  Currently that is the Consumer
Affairs Division of the Department of the Treasury.
8. Application for permission to import can be refused at the discretion of the Minister.  There is no
right to appeal against the Minister’s decision.
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.
Documentational and other requirements for application for licence
10. Applications for permission to import must be  made to the Minister.  The application must
include:
• Importer’s name and address
• Details of the goods to be imported
• Quantity to be imported
• Reason for the request for importation including the intended use and distribution.
11. Proof of authorization is required on importation
12. No
13. No
Conditions of licensing
14. Permits are for one consignment only.
15. No.
16. No.17.(a) Not applicable.
(b) Permission to import goods specified under Regulations 4U and 4S may be subject to conditions
regarding custody, use, disposal or distribution of the imported goods.
Other procedural requirements
18. No.
19. Not applicable.G/LIC/N/3/AUS/2
Page 36
XI. WEAPONS
-  Commonwealth of Australia Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
Outline of systems
1. The importation of firearms and other dangerous weapons is regulated by the Commonwealth of
Australia Customs Act 1901, and the Customs (Prohibited Imports) Regulations.   Sub-regulation 4F(1)
prohibits the importation of firearms, firearm accessories, firearm parts, firearm magazines, ammunition,
components of ammunition and replicas unless it is an article to which an item in Part 2 of Schedule 6
applies and the importation is in accordance with the requirements set out in column 3 of the item (i.e., it
complies with one of the appropriate importation tests).
Articles the importation of which meets the criteria set out in Regulation 3A is not, however,
subject to the above.  These include articles which are imported for the purposes of defence forces of
certain listed overseas countries, provided the articles have been imported by the defence force that is the
owner of the articles or a member of that defence force to whom the articles have been issued.
Additionally, under sub-regulation 4F(2A), the fo llowing articles are exempt from the regime
imposed under Regulation 4F(1):
• a handgun that is mentioned in column 2, item 9, Part 2, Schedule 6 and meets the criteria in
regulation 3B (ie, Criteria for the purposes of provisions of regulations 4 and 4F relating to police
forces of certain overseas countries);
• a handgun part to which item 10 of Part 2 of Schedule 6 applies and that meets the criteria set out
in regulation 3B; and
• ammunition that is mentioned in column 2 in item 20, Part 2, Schedule 6 and meets the criteria
set out in regulation 3B.
Sub-regulation 4F(2B) then exempts articles, the importation of which meets the criteria imposed
under subregulation 3C(1) (ie, Criteria relating to sky marshals).
Regulation 4 prohibits the importation of goods specified in Schedule 2 to the Regulations unless
the permission in writing of the Minister for Justice or an authorised person is granted.
Purposes and coverage of licensing
2. The weapons covered are:
• weapons named in Schedules 2 and 6 which require a permit for import;
• firearms and parts of firearms listed in Schedule 6 which require compliance with certain
conditions, restrictions or requirements before importation.
3. The regulations apply to importation from all countries.4. Controls on the importation of weapons have  been introduced as a community protection
measure. The importation of weapons is regulated as a means of preventing their use for unlawful
purposes. Imported firearms are also required to satisfy certain safety requirements. The monetary value
is not a criterion for control.G/LIC/N/3/AUS/2
Page 37
5. The control on importation of the specified goods is a statutory requirement under the Customs
(Prohibited Imports) Regulations made under the Commonwealth of Australia Customs Act 1901. The
system cannot be abolished without legislative approval.
Procedures
6. Not applicable.
On question 6 (XI), however, it should be noted that there are conditions upon the importation of
some Schedule 6 articles that they be exported and not sold in the domestic market.  The application of
this condition is dependent upon the purpose for which the article was imported.
If the article was imported for a specified purpose (ie, importation meets the criteria set out under
the specified purposes test, regulation 2, Part 1, Schedule 6), the article has to be destroyed or exported
within the period, after importation, specified on the permission (see Regulation 2, Part 2, Schedule 6).
If the article was imported under the official pur poses test (regulation 1, Part1, Schedule 6) and
the government does not acquire ownership of the arti cle in the period, after importation, specified in the
permit, the article must be exported as soon as is practicable (see Regulation 3, Part 3, Schedule 6).
If the article was imported under the Internationa l sports shooter test (regulation 5A, Part 1,
Schedule 6), the importer must export the article in the period, after importation, specified in thepermission.
7.(a)  Application should be made in advance of ar rival of the goods.  Import  permission will not, in
any circumstances, be granted retrospectively.
(b)  Permits would be issued as soon as possible if a genuine emergency exists.
(c)  Permits may be issued at any period of the year.(d)  Applications for import permits required by Schedule 2 are processed by the Australian Customs
Service.  The permission of the Commonwealth Minister  for Justice is given subject to approval of State
Police that the importer complies with all the laws of the state of residence or importation.
Application for import permits required by Schedule 6 are processed by the Firearms Unit,
Attorney-General’s Department, with the permissi on being issued by the Commonwealth Minister for
Justice.
8. Application for permission to import can be refused at the discretion of the relevant Minister. If
permission for importation is refused the reasons need not be notified to the applicant. There is no right of
appeal against the Minister's decision where the deci sion in question is a decision of Government policy.
Eligibility of importers to apply for licence
9. All persons, firms and institutions are eligible to apply for permission to import.Documentational and other requirements for application for licence
10. Where a weapon may be imported subject to the relevant Police authority having no objection to
the importer possessing the weapon, the police  endo rsement should be on a Form B709A: "Importation
of Firearms - Police Confirmation". The following information is required on the form:G/LIC/N/3/AUS/2
Page 38
• name and address of the importer;
• quantity of weapons to be imported;
• description of weapons to be imported;
• supplier (if applicable) of weapons;
• Licence/Authorisation No. and Date of Issue.
A copy of the form is attached.  (Appendix H)
Where permission of the Minister is required, application must be made in writing to the
respective Minister.
11. Where the permission of a Minister is required the certificate or statement approving the import
must be produced at the time of actual importation.
Where a weapon may be imported subject to the relevant Police authority, a completed Form
B709A (Appendix L) must be pr oduced at the time of importation.
12. No.13. No.Conditions of licensing
14. The period of the validity of the import permit is at the discretion of the Minister and is specified
in the permission to import.
15. There is no penalty for the non-utilisation of an import permit.16. Import permits are not transferable between importers.
17. Conditions may be applied regarding:
• the custody, use, disposal or distribution of the imported goods;
• the keeping of records relating to the imported goods.
Other procedural requirements
18. No.
19. Not applicable.G/LIC/N/3/AUS/2
Page 39
XII. OBJECTIONABLE ITEMS
-  Commonwealth of Australia Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
Outline of system
1. Import controls exist on offensive publications a nd goods entering Australia.  Material which is
prohibited under Regulation 4A, Importa tion of Objectionable Goods, of the Customs (Prohibited Imports)
Regulations may not be imported without the prior written approval of th e Commonwealth Attorney-
General or by an  authorised person.
Purposes and coverage of licensing
2. Objectionable goods include: computer games; computer generated images; films; interactive
games; publications that describe, depict, express or otherwise deal with matters of sex, drug misuse oraddiction, crime cruelty, violence or revolting of 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 looks like, a child under 16
(whether the person is engaged in sexual activity or not).  In relation to a computer game the goods may
be considered objectionable if the games are unsuitable for a person under 18 to see or play.  The goods
may also be considered objectionable if the goods promote or incite the misuse of a drug specified inSchedule 4 of the Customs (Prohibited Imports) Regulations 1956.
3. The regulations apply to the importation of goods from all countries.
4. The importation of these goods is regulated as a community protection m easure.  Goods included
are considered to be detrimental to the well-being of  the community.  The monetary value is not a criterion
for control.
5. The control on importation of the specified goods  is a statutory requirement under the Customs
(Prohibited Imports) Regulations 4A made under th e Commonwealth of Australia Customs Act 1901. 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.
(b) No.
(c) Permits may be issued at any period of the year.(d) Applications for import permission required by Regulation 4A are processed and issued by the
Commonwealth Attorney-General's Department.  The responsibility for determining whether material is
prohibited under Regulation 4A rests with the Office of Film and Literature Classification of the
Commonwealth Attorney-General's Department.G/LIC/N/3/AUS/2
Page 40
8. Application for permission to import can be  refused on the discretion of the Commonwealth
Attorney-General.  Where an application is refused, a pplication for a review of the decision to refuse a
permit may be made to the Administrative Appeals Tr ibunal.  The Attorney-General may certify in writing
that in the public interest the responsibility for permi ssion or refusal should remain solely with the Attorney-
General and should not be  reviewable by the Admini strative Appeals Tribunal.  A copy of the certificate
including a statement of the grounds on which the cer tificate is given should be given to the person to
whom permission is refused.  If permission is refused the Attorney-General is to notify the person refused in
writing within 30 days of the decision.
Eligibility of importers to apply for licence
9.(a) Not applicable.(b) All persons, firms and institutions are e ligible to apply for permission to import.
Documentational and other requirements for application for licence
10. For permission to import applications must be made in writing to the Commonwealth
Attorney-General or an authorised  person (Chief Censor).  The appl ication should include the following
information:
• importer's name and address;
• details of the goods to be imported;
• quantity and distribution (end use); and,
• the purposes for which the goods are to be imported.
11. Proof of authorization is required on importation.
12. No.13. No.Conditions of licensing
14. Permits apply to one consignment only.
15. No.
16. No.17. Conditions may be applied regarding the cust ody, use, reproduction, disposal, destruction or
exportation of the imported goods or with respect to accounting for the goods for the purpose of ensuring
that the goods are not used otherwise than fo r the purposes for which permission was granted.
Other procedural requirements
18. No.
19. Not applicableG/LIC/N/3/AUS/2
Page 41
XIII.  GOODS ORIGINATING IN CERTAIN COUNTRIES
-  Commonwealth of Australia Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
Outline of system
1. Import controls exist on goods originating in cer tain countries.  Under the Customs (Prohibited
Imports) Regulations goods originating in specified c ountries may not be imported without the prior written
approval of the Minister for Foreign Affairs.
Purposes and coverage of licensing
2. The import of goods originating in certain coun tries is regulated to comply with Australia's
international obligations.  The goods which are regulated include:
goods of any description from:
-I r a q ;
from any country - goods originating in:
-I r a q ;
- Unset diamonds of Angolan origin;
- Rough diamonds from Sierra Leone or that originate from Sierra Leone; and
- Rough diamonds imported directly  or indirectly from Liberi a whether or not the diamonds
originate from Liberia.
3. The regulations apply to the importation of goods from:
- the specified countries
- all countries - with respect to goods originating in the specified countries.
4. The importation of these goods is regulated in accordance with Australia's international obligations.
The quantity or monetary value is not a criterion for control.
5. The control on importation of the specified goods  is a statutory requirement under the Customs
(Prohibited Imports) Regulations 4QA, 4M, 4N a nd 4P made under the Commonwealth of Australia
Customs Act 1901. The system cannot be a bolished without legislative approval.
Procedures
6. Not applicable.7.(a) Application should be made in advance of arrival of the goods.(b) In certain circumstances permission may be gran ted once the goods have inadvertently arrived at
the point of entry.
(c) Permits may be issued at any time.(d) Applications for import permission required by Re gulation 4QA, 4M, 4N and 4P are processed and
issued by the Department of Foreign Affairs.G/LIC/N/3/AUS/2
Page 42
8. Application for permission to import can be refu sed on the discretion of the Minister for Foreign
Affairs.  There is no right of appeal against the Mi nister's decision where the decision in question is a
decision of Government policy.
Eligibility of importers to apply for licence
9.(a) Not applicable.(b) All persons, firms and institutions are e ligible to apply for permission to import.
Documentational and other requirements for application for licence
10. For permission to import applications must be ma de in writing to the Minister for Foreign Affairs.
The application should include the following information:
• importer's name and address;
• details of the goods to be imported;
• quantity of goods to be imported;
• reason for importation.
11. Proof of authorization is required on importation.
Conditions of licensing
14. Permits apply to one consignment only.
15. No.
16. No.17. Conditions may be applied regarding:
• the quantity of goods to be imported;
• the circumstances in which the goods may be imported;
• times for compliance to which the importation is subject.
Other procedural requirements
18. No.
19. Not applicable.G/LIC/N/3/AUS/2
Page 43
XIV. WOOLPACKS
-  Commonwealth of Australia Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
Outline of system
1. The importation of woolpacks and woolpack cap s is prohibited under the provisions of the
Commonwealth of Australia Customs Act 1901 and Cu stoms (Prohibited Imports) Regulations unless the
permission of the Commonwealth Minist er for Agriculture, Fisheries and Forestry, Australia (AFFA), or an
authorised person is granted, or a Test Certificate certifying that the woolpacks conform to Australian
standards is produced.
Purposes and coverage of licensing
2. The goods covered are:
New woolpacks and woolpack caps unless:
• the permission of the Minister or an authorised person is obtained;  or,
• a Test Certificate issued by a prescribed tes ting authority, certifying that the woolpacks or
woolpack caps conform to Australian Wool Exchange (AWEX) standards is produced.
Second-hand woolpacks and woolpack caps unless th e permission of the Minister or an authorised
person is obtained.  The importation of second-hand w oolpacks for use as containers of wool is not
permitted.
3. The regulations apply to the importation of goods from all countries.4. The importation of woolpacks is regulated to provide adequate pack strength and to minimise fibre
contamination of the Australian Wool clip.
5. The control on importation of the specified goods  is a statutory requirement under Regulation 4K
of the Customs (Prohibited Imports) Regulations ma de under the Commonwealth of Australia Customs Act
1901.  The system cannot be abolishe d without legislative approval.
Procedures
6. Not applicable.7.(a) Application should be made in advance of a rrival of the goods.  In certain circumstances, import
permission can be given for goods which have in advertently arrived at the point of entry.
(b) Permits may be issued promptly if a genuine emergency exists.(c) Permits may be issued at any period of the year.
(d) A Test Certificate may be issued by a prescribed testing authority in Australia or overseas to certify
that the woolpacks or woolpack cap s conform to Australian Wool Exchange (AWEX) standards.  A list of
prescribed testing authorities is contained in Appendix 2:3 of Customs Service Manual, Volume 5.G/LIC/N/3/AUS/2
Page 44
Applications for import permission are processed and issued by the Commonwealth Department of
Agriculture, Fisheries and Forestry, Australia (AFFA).
8. Application for permission to import can be refuse d on the discretion of the Minister.  There is no
right of appeal against the Minister's decision.
Eligibility of importers to apply for licence
9.(a) Not applicable.(b) All persons, firms and institutions are e ligible to apply for permission to import.
Documentational and other requirements for application for licence
10. For permission to import applications must be ma de in writing to the Minister.  The application
should include the following information:
• importer's name and address;
• details of the goods to be imported;
• quantity and distribution (end use).
11. Proof of authorization or a Test Certificate is required on importation.
12. No.
13. No.
Conditions of licensing
14. Permits apply to one consignment only.15. No.16. No.
17. Conditions may be applied regarding the custody, use, disposal or destruction of the imported
woolpacks or woolpack caps 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. No19. Not applicable.G/LIC/N/3/AUS/2
Page 45
XV. CHEESE, CERTAIN TYPES
-  Commonwealth of Australia Customs Act 1901
-  Commonwealth of Australia Customs Tariff Act 1995
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 beimported 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 duty ($1.220/kg)
applies.
The allocations of the cheese and curd quota are made to importers in July each year based on the
actual usage of quota to import cheese and curd in the 23 months ending 31 May of that same year.
The tariff quota arrangements outlined in this notification were revised in 1 January 1995 in order
to implement Australia’s Uruguay Round commitments as listed in Australia’s Schedule of
Commitments.
Purposes and coverage of licensing
2. No licensing system, as such, is maintained.  Individuals or companies which have historically
imported dutiable cheese are allocated a share of the tariff quota, allowing them to import a quantity ofcheese at the concessional rate of duty.  Individuals or companies which do not have a share of the tariff
quota may still import cheese however at the out-of-quota tariff rate.  The products covered by the tariff
quota are as follows:G/LIC/N/3/AUS/2
Page 46
Number
0406Product Type
Cheese and CurdRate of Duty
0406.10 Fresh (unripened or uncured) cheese, including whey
cheese, and curd$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 grat ed or powdered $A0.096/kg (a)
$A1.220/kg (b)
0406.40 Blue-veined cheese:
- Roquefort, Stilton
- OtherFree (c)
$A0.096/kg (a)
$A1.220/kg (b)
0406.90 Other Cheese:
-  Cheese, of  the following types:
--   made wholly from goats’ milk, other than
    feta or kasseri
    --   surface-ripened soft, having:
(i) a fat content in the dry matter of not less
than 50% by weight, and
(ii) a moisture content of not less than 65%
by weight of the non-fatty matter
- Other (includes Cheddar, Colby, Edam, Gouda,
Havarti, Parmesan, Kasseri, Mozzarella, Provolone,
FetaFree (c)
$A0.096/kg (a)
$A1.220/kg (b)
(a) Rate for cheese imported within the tariff quota.
(b) Bound rate for cheese imported in excess of tariff quota ceiling.
(c) Not subject to the tariff quota.  Included in table only to indicate coverage of residual tariff
item (“other”).
Note:  The rate for developing countries is as shown in the table above, less 5% of the customs
value (f.o.b. price) of the product.
3. The system applies to cheeses originating in and coming from all countries with the exception of
New Zealand, Papua New Guinea and South Pacific Forum Islands.
4. The licensing is used to administer the tariff quota.5. The law is the Commonwealth of Australia Customs Act 1901, and the Commonwealth of
Australia Customs Tariff Act 1995.
Procedures
6.I. The names of all tariff quota holders 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.  No tariff quota is allocated on the basis of domestic production of like
product.  Unused parts of the tariff quota allocation are not added to the tariff quota for the following yearG/LIC/N/3/AUS/2
Page 47
except where there are exceptional circumstances preventing the landing of a consignment in the period
immediately before the new tariff quota period begins.
IV. Not applicable.
V. Not applicable.
VI. The Australian Customs Service administers all aspects of the scheme.VIII. Tariff quotas ar e allocated to importers on the basis of hi storical trade performance.  In July each
year, the quota is allocated to importers in direct proportion to their past imports under quota during a
particular period.   New importers are able to acquire tariff quota allocation on transfer from an existingholder of tariff quota.
IX. Not applicable.X. Not applicable.XI. No.7. Not applicable.
8. None.
Eligibility of importers to apply for licence
9.(a)  No.  Only those firms that have a history of trade performance in importing cheese are allocated a
share in the tariff quota.  The allocation by Government of the tariff quota is made strictly on the basis of
their historical trade performance.  Firms are free to transfer their tariff quota allocation.  The actual use
of that transferred quota to import goods will generally result in the alteration to allocations in subsequent
years.
(b)  Not applicable.
Documentational and other requirements for application for licence
10. Applications are not required.  Eligible importers are advised of their entitlement based on the
Australian Customs Service records of import entries lodged during the preceding base period.
11. No quota specific document is required on importation.
12. There is no licensing fee or administrative charge.13. No.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, individuals or companies that do
not utilise their allocation will either lose their allocation or have it reduced.G/LIC/N/3/AUS/2
Page 48
16. Tariff quota allocations can be transferred between individuals and companies without limitation.
17.(a)  No.(b)  No.Other procedural requirements
18. No.19. Not applicable.G/LIC/N/3/AUS/2
Page 49
XVI. MOTOR VEHICLES
-  Motor Vehicles Standards Act 1989
-  Motor Vehicle Standards Regulations 1989
-  Determinations under the Motor Vehicles Standards Act
-  Commonwealth of Australia Customs Act 1901
Outline of system
1. Importation into Australia of new and used road motor vehicles is controlled under the Motor
Vehicle Standards Act 1989 (the MVSA) and the Motor Vehicle Standards Regulations 1989 (the
Regulations) and Determinations.
Purpose and coverage of licensing
2. An import approval is required for all road vehicles imported into Australia.
3. The MVSA, Regulations, Determinations and Australian Design Rules (ADRs), apply to the
importation of all new and used road vehicles from all countries.
4. The importation of new vehicles, which meet all the Australian safety and emission regulations in
the ADRs, is not restricted in quantity or value.
Importation of new and used vehicles that do not meet Australian Design Rules is restricted and subject
to controls to ensure that Australian safety and environmental standards are not breached.
An independent review of the MVSA was conducted in  1999 to consider alternative approaches to ensure
vehicles supplied to the Australian market met the Australian Government’s safety and emissionperformance objectives.  Revisions were made to the MVSA in 2000 taking into account the
recommendations of the review.
5. Legislative requirements are set out in the Motor Vehicle Standards Act 1989 , the Motor Vehicle
Standards Regulations 1989 and Determinations.  Controls on the import of vehicles are statutory
requirements and cannot be abolished without legislative approval.
Procedures
6.I. Information about importing vehicles is published on the Internet at www.dotars.gov.au/land/   or
can be supplied to applicants upon request to the Department of Transport and Regional Services.  It is
also readily available from shipping agents and Australian diplomatic posts around the world.
II. Restrictions are applied to individuals importing used road vehicles in commercial quantities.
There is no limit on the number of individuals that may be licensed hence a numerical quota is notapplied; the only restriction is on the individual importer.  The current licence period is two years.
Returning Australian citizens and migrants may import their previously owned vehicle.  There is a
restriction of one vehicle per year to eligible persons.  There are no restrictions on the importation of
vehicles that comply with Australian Design Rules.
III. Import approvals are not dependent on whether an applicant is a domestic producer of like goods.
Approvals are issued on the basis of whether vehicles comply with Australian Design Rules.  There is nofollow-up action taken if an import approval is not used to import a vehicle.G/LIC/N/3/AUS/2
Page 50
The names of individuals who have been issued with import approvals are not made available to
governments and export promotion bodies of exporting countries upon request because this information is
subject to Australian information privacy legislation and can only be released if information privacyrequirements are met.
IV. Not applicable.V. The period for issuing import approvals is normally within 17 days.  However, approvals may be
issued within one day or as long as 40 days.
VI. Not applicable.
VII. Yes.  Imports of previously owned vehicles is restricted to Australian citizens or permanent
migrants.  The latter category is required to have a valid visa provided by the Department of Immigration
and Multicultural and Indigenous Affairs.  Importers must satisfy Australian Customs requirements.
VIII. Not applicable.  Fo r used vehicles imported in commercial quantities, each applicant on
satisfying the legislative provisions, may import not more than 130 eligible vehicles per vehicle category(e.g. passenger car, off road vehicle, light commercial vehicle etc.) per year.  New importers are required
to satisfy the provisions of the MVSA and Regulations before a licence is issued.  Applications are
examined on receipt.
IX. Not applicable.  No bilateral quotas or restrictions apply.
X. Not applicable.
XI. The Regulations include provisions to allow the importation of vehicles imported for export that
do not meet the ADRs.  These vehicles may not be so ld in the domestic market and must be exported.
7.(a) Applications to import vehicles are normally processed within 17 days following receipt of all
relevant information.
For new vehicles that comply with ADRs, a “blanket” import authority is issued to the vehicle
manufacturer or its agent.  Those licenses normally have a life of five years.  Licenses can be granted
within a shorter time limit where a reasonable request is made.  Licences cannot be issued after a vehicle
has been imported (ie having arrived at the port of discharge).
(b) An approval can only be granted when all statutory requirements are met.(c) There are no limitations on the date of submission of applications.(d) Yes.  The Department of Transport and Regional Services.  Not applicable.  Not applicable.
Australian Customs requirements must be met.
There are no circumstances under which applications for import approval is refused other than
failure to meet the statutory criteria in the Motor Vehicle Standards Act, Regulations, and
Determinations.  Reasons are provided to the applicant where a refusal is issued.
Applicants may appeal to the Administrative A ppeals Tribunal (AAT) in the event of refusal to
issue an import approval.  Information about the AAT and procedures for appellants is available at:
http://www.aat.gov.au .G/LIC/N/3/AUS/2
Page 51
Eligibility of importers to apply for licence
8. There are no import restrictions on vehicles that comply with ADRs and vehicles over 15 years
old.  Only corporations may apply for import li censes for used vehicles imported for commercial
purposes.  No registration fee is applied to vehicle importers.  Authorised importers of used vehicles forcommercial purposes are the holders of authorities to supply these vehicles to the Australian market.
Details are available from the internet website at: http://rvcs-prodweb.dot.gov.au/ .  These provisions are
effective from 1 April 2002 with transitional arrangements provided for some vehicle types until 8 May
2003 where individuals may import vehicles.  In the latter case the identity of the importer is not
available to the public.
Documentational and other requirements for application for licence
9. Applicants are required to provide name or company details including address and contact phone
numbers.  Relevant details of the vehicles to be imported are required to determine if the vehicle is
eligible under the legislative requirements.  Elig ible persons seeking to import a previously owned
vehicle are also required to provide confirmation of ov erseas travel and ownership and use.  Copies of the
application form are available from the website at:
http://www.dotars.gov.au/land/Imports_Certif/VSB10.pdf .  All first time applicants are required to
provide a certified copy of either a driver’s licence or picture page of their passport.
10. Importers must obtain a Vehicle Import Approval before a vehicle can be imported into Australia.
11. Yes.  An administrative charge of $50 is required to process a vehicle import approval
application.
12. Payment of relevant fees must accompany an application for a vehicle import approval.  The
application fee is not refundable.
Conditions of licensing
13. Most import licenses do not have an expiry date.  Approvals issued to entities holding authorities
to supply new vehicles to the Australian market are valid for 5 years. [see Q7(a) above] The import
license granted for certain vehicles imported for test purposes that do not comply with ADRs are required
to be exported or destroyed within 12 months unless modified to meet the regulations.
14. No.15. No.17.(a) Conditions may be applied to a Vehicle Import Approval for a vehicle that does not comply with
ADRs.
(b) Conditions may be applied to a Vehicle Import Approval.Other procedural requirements
18. The administrative requirements of the Australian Customs Service must be met before a vehicle
may be imported into Australia.  Details of Customs requirements are available at:http://www.customs.gov.au .
19.  Not applicable.G/LIC/N/3/AUS/2
Page 52
XVII.  CERTAIN INDUSTRIAL CHEMICALS
-  Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
Outline of system
1. The importation of polychlorinated biphenyls  (PCBs), triphenyls (PCTs) and polyphenyls
(industrial chemicals) is prohibited under the provisions of the Customs Act 1901  and Customs (Prohibited
Imports) Regulations unless the permission in writing of the Commonwealth Minister for Justice and
Customs is granted and presented to customs at the time of importation.  The permission must be issued in
the name of the owner.  It may include strict conditions  as to the application, disposal and destruction of the
industrial chemicals.  The Minister also has the pow er to stipulate methods for the accounting for the goods
to ensure they are used for the stated purpose.
Purposes and coverage of licensing
2. The goods covered include polychlorinated bipheny ls (PCBs), polychlorinated triphenyls (PCTs)
and polychlorinated polyphenyls, which are all considered to be persistent organic pollutants.  PCBs etc. are
used in electrical appliances (such as transformers and capacitors), as coolants (often in light fittings),
hydraulic fluids, plasticisers and dye carriers.
3. The regulations apply to the importation of goods from all countries.
4. The importation of PCBs etc. is regulated as a community protection measure.  These chemicals
are considered to be highly toxic and virtually indest ructible and a considerable danger to the environment.
The Australian and New Zealand Environment Conservation Council  (ANZECC) prepared the Australian
PCBs Management Plan in 1996.  The aims of the stra tegy are the phasing out, di sposal and destruction of
PCBs.  The monetary value is not a criterion for control.
5. The control on importation of the specified goods  is a statutory requirement under Regulation 4AB
of the Customs (Prohibited Imports) Regulations ma de under the Commonwealth of Australia Customs Act
1901.  The system cannot be abolishe d without legislative approval.
Procedures
6. Not applicable.7.(a) Application should be made in  advance of arrival of the goods.
(b) Permits cannot be issued immediately as they  are only issued on the advice of Chemicals Risk
Management Section of the Chemicals and Environment  Branch within Environment Australia and the
National Industrial Chemicals Notifica tion and Assessment Scheme (NICNAS).
(c) Permits may be issued at any period of the year.(d) A permit is issued by the Minister for Cust oms on the advice of Environment Australia and the
National Industrial Chemicals Notification and Asse ssment Scheme.  Permissions to import PCBs are
normally granted for research purposes.  Howe ver PCB waste may also be imported under the Hazardous
Waste (Regulations of Exports and Imports) Act 1989,  provided all the requirements of the Act have been
met.G/LIC/N/3/AUS/2
Page 53
8. Application for permission to import can be refuse d on the discretion of the Minister.  There is no
right of appeal against the Minister's decision.
Eligibility of importers to apply for licence
9.(a) Not applicable.(b) All persons, firms and institutions are e ligible to apply for permission to import.
Documentational and other requirements for application for licence
10. Applications for permits must be made in writing to the Minister for the Environment and Heritage.
The application should include the following information:
- importer's name and address;
- details of the goods to be imported;
11. The written permission of the relevant Mi nister is required to be produced on import.
12. No.13. No.Conditions of licensing
14. Permits apply to one consignment only.
15. No.
16. No.17. A permission granted under Regulation 4AB may specify conditions or requirements to be
complied with by the holder of the permission.
Other procedural requirements
18. No.
19. Not applicable.G/LIC/N/3/AUS/2
Page 54
XVIII.  COUNTERFEIT CREDIT, DEBIT AND CHARGE CARDS
-  Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
Outline of system
1. The importation of any non-genuine credit, debit and charge cards that are made to imitate and pass
for genuine cards are prohibited under the Customs Act 1901  and the Customs (Prohibited Imports)
Regulations.  The Australian Customs Service administer s these controls on behalf of the Australian Federal
Police (AFP).  Permission to import counterfeit credit,  debit and charge cards may be granted by the
Minister administering the Australian Federal Police Act 1979 , and the permission in writing must be
presented to Customs at the time of importation.
Purposes and coverage of licensing
4. The permission to import may specify conditions to be complied with by the holder of the
permission and when the holder of the permission must  comply with a condition or requirement, whether
before or after the importation of the card to which th e permission relates.  If the holder of the permission
fails to comply with a condition or requireme nt, the Minister may revoke the permission.
5. The regulation applies to the importation of these goods from all countries.
6. The purpose of this regulation is to prohibit the importation of counterfeit credit, debit and charge
cards that can be used to obtain credit or money, directly or indirectly, goods, services or any other thing
of value or any other thing of value or any other property by the credit card holder.  There may be limited
circumstances where the importation of such cards is desirable and the Minister may grant permission.
For example, it is possible that law enforcement agencies, financial institutions or credit providers (suchas credit card companies) may seek to examine such  cards to enable them to improve mechanisms to
avoid counterfeiting, or for training purposes.   The monetary value is not a criterion for control.
5. The control on importation of the specified goods is a statutory requirement under Regulation 4T of
the Customs (Prohibited Imports) Regulations made  under the Commonwealth of Australia Customs Act
1901.  The system cannot be abolishe d without legislative approval.
Procedures
6. Not applicable.7.(a) Application should be made in advance of arrival of the goods.
(b) No.
(c) Permits may be issued at any period of the year.(d) A permit is issued by the Minister admini stering the Australian Federal Police Act 1979 or a
specified person .  
8. Application for permission to import can be refuse d on the discretion of the Minister.  There is no
right of appeal against the Minister's decision.G/LIC/N/3/AUS/2
Page 55
Eligibility of importers to apply for licence
9.(a) Not applicable.
(b) All persons, firms and institutions are e ligible to apply for permission to import.
Documentational and other requirements for application for licence
10. For permission to import applications must be made in writing to the Co-ordinator, Operating
Monitoring Centres, Australian Federal Police, GPO Box 401, Canberra, ACT 2601 re levant Minister.  The
application should include the following information:
- importer's name and address;
- details of the goods to be imported;
11. The written permission of the relevant Minister or relevant person is required to be produced on
import.
12. No.13. No.
Conditions of licensing
14. Permits apply to one consignment only.
15. No.16. No.17. A permission granted under Regulation 4T may specify conditions or requirements to be complied
with by the holder of the permission.  If the holder of the permission fails to comply with a condition or
requirement the Minister may revoke the permission.
Other procedural requirements
18. No.
19. Not applicable.G/LIC/N/3/AUS/2
Page 56
XIX. ORGANOCHLORINE CHEMICALS
-  Commonwealth of Australia Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
Outline of system
1. The importation of certain organochlorine chemi cals as listed in Schedule 9 of the Customs
(Prohibited Imports) Regulations is prohibited unle ss written permission from the Minister responsible for
Agriculture, Fisheries and Forestry - Australia (AFFA) or an authorised officer is provided to customs at the
time of importation.  An authorised officer means an o fficer of AFFA authorised in writing by the Minister
for the purposes of this regulation.
Purposes and coverage of licensing
2. The organochlorine pesticides (OCPs) group of ch emicals were once commonly used pesticides in
agriculture and industry, however have since been found to produce harmful effects on animals, people and
the environment.  The OCP range includes the ch emicals DDT, dieldrin, heptachlor and chlordane.
3. The regulations apply to the importation of goods from all countries.
4. The importation of OCPs is regulated as a comm unity protection measure.  These chemicals are
considered to be harmful as they are generally persistent in the environment and bio-accumulative in
organic tissue.  The monetary value is not a criterion for control.
5. The control on importation of the specified goods is a statutory requirement under Regulation 5I of
the Customs (Prohibited Imports) Regulations made under the Customs Act  1901.   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.
(b) Permits are not normally issued immediately.  Applications for permits are normally faxed to the
Agriculture and Veterinary Chemicals section of AFFA in Canberra who th en issue permits where
appropriate (during business hours).
(c) Permits may be issued at any period of the year.(d) Permits are issued by AFFA and are pres ented to Customs at the time of importation.
8. Application for permission to import can be refu sed on the discretion of the Minister for AFFA.
There is no right of appeal against the Minister's decision.
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.
Documentational and other requirements for application for licenceG/LIC/N/3/AUS/2
Page 57
10. For permission to import applications must be made in writing to the relevant Minister.  The
application should include the following information:
- importer's name and address;
- details of the goods to be imported including the appropriate international codes;
11. The written permission of the relevant Mi nister is required to be produced on import.
12. No.13. No.Conditions of licensing
14. Permits apply to one consignment only.
15. No.
16. No.17. A permission granted under Regulation 5I may specify conditions or requirements to be complied
with by the holder of the permission.  If the holder of the permission fails to comply with a condition or
requirement the Minister may revoke the permission.
Other procedural requirements
18. No.19. Not applicable.G/LIC/N/3/AUS/2
Page 58
XX. CHEMICAL WEAPONS
-  Chemical Weapons (Prohibition) Act 1994
-  Commonwealth of Australia Customs Act 1901
-  Customs (Prohibited Imports) Regulations 1956
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 as mentioned in Part 2 or 3 of Schedule 11 of the
Customs (Prohibited Imports) Regulations from a country  that is not a State Party to the Chemical Weapons
Convention is prohibited absolutely.  The importation of the prescribed goods from a country that is a State
Party to the Chemical Weapons Conven tion or prescribed goods in Part 4 of Schedule 11 from a Non-State
Party is prohibited unless:
(a) the Minister for Foreign Affairs or an authorised person has given permission in writing to import
the goods.  The Minister has authorised the positions of Director-General and Assistant Secretary of
Australian Safeguards and Non-Proliferation Office (ASNO) to grant permits; and
(b) the permission is produced to Customs.Purposes and coverage of licensing
2. Chemical compounds as mentioned in Part 2 or  3 of Schedule 11 of the Customs (Prohibited
Imports) 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 a Customs Officer.
3. The regulations apply to the importation of goods from all countries.
4. Australia and 144 other countries are Partie s to the Convention on the Prohibition of the
Development, Production, Stockpiling and Use of Ch emical Weapons and their Destruction commonly
referred to as the CWC.  Amongst other things, th is treaty seeks to regulate and monitor the trade in
prescribed chemicals.  Since implementing the treaty in 1997, Australia has regulated the Part 2 chemicals
through use of permits. In 2000, the permit system wa s 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. Commercial and industry-related considerations have
no bearing on the purpose of the licensing scheme.
5. The control on importation of the specified goods is a statutory requirement under Regulation 5J of
the Customs (Prohibited Imports) Regulations made  under the Commonwealth of Australia Customs Act
1901 and the Chemical Weapons (Prohibition) Act 1994.  This restriction does not apply to goods that
contain a chemical compound listed in Part 3 (except Item s 1, 2 or 3) or Part 4 of  Schedule 11 that is less
than 10% by weight of the total and contain no othe r listed chemicals.  The system cannot be abolished
without legislative approval.
Procedures
6. Not applicable.
7.(a) Application should be made in advance of a rrival of the goods. There are two types of permits:
permits for chemicals in Part 2 of Schedule 11 (Sche dule 1 of the Convention) and permits for chemicals in
Part 3 and Part 4 of Schedule 11 (Schedules 2 & 3 of the Convention). Chemi cals from Part 2 require 37G/LIC/N/3/AUS/2
Page 59
days notice for importation which can not be varied due to concomitant international reporting
requirements. Permits for the other chemicals require 7 days notice which could be reduced if necessary.
(b) Permits cannot be issued immediately for chem icals under Part 2. Part 3 and 4 chemical permits
could be issues immedi ately where practical.
(c) Permits may be issued at any period of the year.(d) A permit is issued by the Minister for Foreign Affairs or authorised persons (ie Director-General
and Assistant Secretary of ASNO) and the origin al copy of the permit presented to Customs.
8. Application for permission to import can be refu sed on the discretion of the Minister for Foreign
Affairs.  There is no right of appe al against the Minister's decision.
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  http://www.opcw.nl/memsta/ratifyer.htm ). Also, all of the
prescribed chemical imports can only be used for pur poses not prohibited by the CWC, as provided for
under the Chemical Weapons (Prohibition) Act 1994.
Documentational and other requirements for application for licence
10. For permission to import applications must be  made in writing to the relevant Minister.
Permits for chemicals in Part 2 of Schedule 11 (Schedule 1 of the CWC)
The following details must be included:
Importer’s name and address
Supplier’s name and addressThe name, quantity and other descriptors of the chemical
End use details
Country of export (this can only be another Stat es Party) – the goods must be shipped directly,
transhipment through another country is not allowed
The original copy of the permit must be presented to Customs.  A sample form is attached
Permits for chemicals in Part 3 and Part 4 of Schedule 11 (Schedules 2 & 3 of the CWC)
The permit will be valid for multiple shipments of multiple chemicals over a specified time,
usually one year.
The following details are required:
Importer’s name and address
The names and details of the chemicals the Importer is proposing to importThe exporting country
The original of the permit should be submitted to Customs.  A sample form is attachedG/LIC/N/3/AUS/2
Page 60
11. The written permission of the relevant Minist er or ASNO is required to be produced on import.
Also date of arrival of Part 2 ch emicals must be provided to ASNO within 30 days of shipment entry.
12. No.
13. No.
Conditions of licensing
14. Permits for chemicals in Part 2 of Schedule 11 apply to one consignment only, permits for
chemicals in Part 3 and 4 of Schedule 11 may be for multiple importations up to 12 months.
15. No.
16. No.17. A permission granted under Regulation 5J may specify conditions or requirements to be complied
with by the holder of the permission.  If the holder of any permission fails to comply with a condition or
requirement the Minister may refuse the permission.
Other procedural requirements
18. For Part 2 and 3 chemicals, the recipient facility will require an operational permit under the
Chemical Weapons (Prohibition) Act , if certain activity thresholds for those chemicals are exceeded.
19. Not applicable.G/LIC/N/3/AUS/2
Page 61
XXI. GENETICALLY MODIFIED ORGANISMS
-  Gene Technology Act 2000
-  Gene Technology Regulations.
Outline of system
1. The Gene Technology Act 2000  prohibits the importation of genetically modified organisms
(GMOs), subject to a limited range of exceptions:
• Dealings expressly identified under Australian law as exempt from regulation (‘exempt
dealings’);
• Dealings expressly set out on Australia’s GM Register. (There are currently no GMOs listed on
the GM Register);
• Dealings expressly identified under Australian law as being low risk dealings, where the person
proposing to conduct the dealing has notified the Regulator that the dealing is to take place
(‘notifiable low risk dealings’); and
• Dealings for which a person has obtained a licence permitting the dealing (‘licenced dealings’).
Purposes and coverage of licensing
2. The purpose of the licensing system is 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 thoserisks through regulating certain dealings with GMOs.
A GMO is defined as:
• an organism that has been modified by gene technology;
• an organism that has inherited particular traits from an organism (the initial organism) being traits
that occurred in the initial organism because of gene technology; or
• anything declared by Au stralian law to be a GMO.
3. The system applies to goods originating in and coming from all countries.
4. No, licensing is not intended to restrict the quantity or value of imports.
5. The Gene Technology Act 2000) and Gene Technology Regulation govern the importation of
GMOs. The licensing system is also contained in various State statutes and regulations, including the
Gene Technology Act 2000 (Tas), the Gene Technology Act 2000 (Vic) and Gene Technology
Regulations (Vic), the Gene Technology Act 2000 (S A) and Gene Technology Regulations (SA), the
Gene Technology Act 2000 (Qld).
Licensing is statutorily required in certain circumstances.  Designation of products required to be
licensed is not generally subject to administrative discretion.  The system cannot be abolished without
legislative approval.G/LIC/N/3/AUS/2
Page 62
Procedures
6. Not applicable.
7.(a) An application for a licence should be made well in advance of importation.  The time taken to
consider an application for a licence varies, but generally takes less than 170 working days.
(b) No.(c) No.(d) The Regulator consults with relevant Commonwealth and State/Territory agencies in the course
of considering an application for a licence.  Applications for licences are also the subject of public
consultation.  An applicant seeking a GMO licence need only make application to the Regulator,
Commonwealth Department of Health and Ageing.  Depending on the nature of the GMO, other
Commonwealth agencies may also need to be approached. (For example, to fulfil customs and quarantine
requirements.)
8. An application that meets the criterion will ordinarily be granted a licence.  Where an application
is refused, reasons are provided and applicants have a right of appeal to Australia’s Administrative
Appeals Tribunal.  An appeal is commenced by the applicant lodging an appeal notice with the Tribunal.
Eligibility of importers to apply for licence
9. Yes.  However, a person or organisation seeking a licence must satisfy the Regulator that they are
suitable to hold a licence and capable of comply ing with any conditions attaching to the licence.
Documentational and other requirements for application for licence
10. Licence application forms can be downloaded from:
 http://www.ogtr.gov.au/publications/other.htm .
Applications must be mailed to:
Office of the Gene Technology RegulatorCommonwealth Department of Health and the Ageing
MDP54 PO Box 100
WODEN  ACT  2606
Australia
11. Licences must be obtained prior to im portation and are required on importation.
12. No.13. No.
Conditions of licensing
14. The period of validity of a licence is the period set out in the licence.  The validity of a licence
can be extended by notice in writing from the Regulator.  A person seeking extension of validity of a
licence may apply to the Regulator for an extension.G/LIC/N/3/AUS/2
Page 63
15. There is no penalty for non-utilisation of a licence.  Where a licence is partially utilised, there is
also no penalty unless partial utilisation of the licence would also result in breach of a condition attaching
to the licence.
16. Yes, licences are transferable. However, transfers of licences may only occur with the agreement
of the Regulator.  The Regulator can attach conditions to transfers.
17. Depending on the GMO concerned, a GMO licence may be subject to extensive conditions.
Licence conditions can place quantitative restrictions on the amount of GMO that can be imported, as
well as other conditions considered desirable in order to protect the health and safety of people and the
environment. Failure to comply with the conditions can attract penalties.
Other procedural requirements
18. Customs and quarantine controls may be relevant.
19. Not applicable.G/LIC/N/3/AUS/2
Page 64
APPENDICES3
A Application for a Licence/Licence Renewal to Import/ Export Controlled Substances
(including Personal Details of Employees Responsible for Control over, Access to and
Security of Controlled Substances form)  (Part IV)
B Application for a Permit to Import Controlled Substances (Part IV)
C Application for a Controlled Substances Licence Under Section 13A (To Manufacture,
Import and Export Hydrochlorofluorocarbons (HCFCs) (Part VII)
D Application for a Controlled Substan ces Licence Under Section 13A (Methyl
Bromide) (Part VII)
E Application for an Essential Uses Licence Under Section 13A (To Manufacture,
Import and/or Export CFCs, Halons, Methyl Chloroform or Carbon
Tetrachloride) (Part VII)
F Application for a Used Substances Licence Under Section 13A (To Import and/or
Export CFCs, Halon, Methyl Chloroform or Carbon Tetrachloride) (Part VII)
G Application for an Exemption under Section 40 (Part VII)
H Form B709A - Importation of Firearms - Police Confirmation (Part XI)
__________
                                                     
3 Available for consultation in the Secretariat (Market Access Division).