G/LIC/N/3/AUS/13  
 
26 October 2020  
(20-7393) Page: 1/81 
Committee on Import Licensing  Original: English  
 
 
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES1 
NOTIFICATION UNDER ARTICLE 7.3 OF THE AGREEMENT  
ON IMPORT LICENSING PROCEDURES  (2020) 
AUSTRALIA  
 
The following communication, dated 13 October 2020 , is being circulated at the request of the 
delegation of  Australia  
 
_______________  
 
 
Table of contents              Page 
1   ANIMALS (INCLUDING BIRDS, FISH AND INSECTS) AND ANIMAL PRODUCTS, 
PLANTS AND GOODS OF GENERAL QUARANTINE CONCERN  ................................ ............  2 
2   ANZAC GOODS  ................................ ................................ ................................ ............  6 
3   ASBESTOS  ................................ ................................ ................................ ..................  8 
4   CAT AND DOG FUR PR ODUCTS  ................................ ................................ ..................  11 
5   CETACEANS (WHALES, DOLPHINS AND  PORPOISES)  ................................ ...............  12 
6   CHEESE, CERTAIN TYPES  ................................ ................................ ..........................  14 
7   CHEMICAL WEAPONS, CHEMICALS AND THEIR  PRECURSORS  ................................ ... 16 
8   COUNTERFEIT CREDIT CARDS  ................................ ................................ ..................  19 
9   DOG COLLAR – PROTRUSION  ................................ ................................ ...................  20 
10   FLAGS, ARMS AND SEALS  ................................ ................................ .......................  22 
11   GENETICALLY MODIFIED ORGANISMS  ................................ ................................ ... 24 
12   HAZARDOUS GOODS  ................................ ................................ ...............................  27 
13   HAZARDOUS WASTE  ................................ ................................ ...............................  29 
14   ICE PIPES  ................................ ................................ ................................ ...............  33 
15   IMPORTS TO ANTARCTICA  ................................ ................................ .....................  34 
16   IMPORTS TO TERRITORY OF HEARD ISLANDS AND MCDONALD ISLANDS  ..............  36 
17   INCANDESCENT (FILAMENT) LAMPS  ................................ ................................ ...... 38 
18   INDUSTRIAL CHEMICALS  ................................ ................................ .......................  39 
19   MOTOR VEHICLES  ................................ ................................ ................................ ... 43 
20   NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED CHEMICALS  ........  46 
21   OBJECTIONABLE GOODS  ................................ ................................ ........................  50 
 
1 See document G/LIC/3, Annex, for the Questionnaire.  G/LIC/N/3/AUS/13  
 
- 2 - 
 
  22   ORGANOCHLORINE CHEMICALS  ................................ ................................ .............  52 
23   OZONE -DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE GASES  ...............  54 
24   PLASTIC EXPLOSIVES ................................ ................................ .............................  58 
25   RADIOACTIVE SUBSTANCES  ................................ ................................ ...................  61 
26   ROUGH DIAMONDS  ................................ ................................ ................................ . 63 
27   SECURITY SENSITIVE AMMONIUM NITRATE  ................................ ..........................  65 
28   TABLET PRESSES AND ENCAPSULATORS  ................................ ................................  66 
29   THERAPEUTIC SUBSTANCES AND GOODS  ................................ ...............................  68 
30   TOBACCO PRODUCTS  ................................ ................................ ..............................  70 
31   UNMANUFACTURED TOBACCO LEAF  ................................ ................................ ........  72 
32   VIABLE MATERIAL DERIVED FROM HUMAN EMBRYO CLONES  ................................  75 
33   WEAPONS AND CROWD CONTROL GOODS  ................................ ..............................  77 
34   WOOLPACKS  ................................ ................................ ................................ ...........  79 
 
_______________  
 
 
1  ANIMALS (INCLUDING BIRDS, FISH AND INSECTS) AND ANIMAL PRODUCTS, PLANTS 
AND GOODS OF GENERAL QUARANTINE CONCERN  
Outline of  System  
1. The Environment Protection and Biodiv ersity Conservation Act 1999 (EPBC Act)  regulates  
international trade in Australian native species, live animals and plants, and species listed under  the 
Convention on International Trade in Endangered Species of Wild Fauna and Flora  (CITES).  
 
EPBC Act - https://www.legislation.gov.au/Details/C2016C00777  
 
EPBC Regulations - https://www.legislation.gov.au/Details /F2016C00914  
 
The Biosecurity Act 2015  applies controls to the importation of all plants, parts of plants and  plant 
products, all animals (including birds, fish and insects), animal products, soil and other items  of 
general quarantine  concern.  
 
Biosecurity legislation: https://www.legislation.gov.au/Details/C2019C00097  
 
Sections of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) control  the 
importation  of some  animals  and plants.  
 
Information to be found at:  https://www.comlaw.gov.au/Details/F2016C00106  
 
Purposes and coverage of licensing  
2. Apart from exports, the EPBC Act  regulates:  
 
• the import of all live animals and  plants;  
• the import  of non-live animal  and plant specimens,  including  parts and derivatives,  of 
species listed under  CITES.  
 
The purpose  of Australia’s  biosecurity  legislation  is to manage  the risk of introduction  of pests  and 
disease that could damage plant, animal or human health or the environ ment. Australia’s  biosecurity  
legislation  applies  to the importation  of all plants,  animals  and their products  and derivatives.  
 
The Customs (Prohibited Imports) Regulations 1956 control the importations of: fish caught  by 
foreign -based  fishing  vessels  and Patagonian  and Antarctic  toothfish . The Regulations  also control  
the import of raw tobacco and certain plant material containing  drugs.  G/LIC/N/3/AUS/13  
 
- 3 - 
 
  3. The EPBC Act and biosecurity legislation apply to the importation of goods from all  countries.  
 
4. The EPBC Act seeks to implement Australia’s obligations under CITES, by  regulating international 
trade in wildlife and wildlife products , to contribute to the protection and  conservation  of species  
that are endangered,  or could  become  endangered, and to facilitate legal, sustainable trade in 
wildlife.  The EPBC Act is not intended  to restrict the quantity or value of  imports.  
 
The biosecurity  legislation  is not intended  to restrict  the quantity  or value  of imports  but to 
manage  the risk of introduction  of exotic  pests  and diseases  associated  with importation  for the 
purpose  of protecting  plant,  animal  and human  health  and the environment.  The legislation  also 
seeks to protect the Australian environment against further establishment of pest species of  plants  
and animals  by controlling  the importation  of certain  live plants,  animals  and other  biological 
material.  Live animals  and plants  may only be imported  if the species  are included  on the List of 
Specimens taken to be Suitable for Live Import under the EPBC  Act. 
 
Preserved Fruits and Vegetables  
The Department of Agriculture, Water and the Environment has recently completed a review of 
Community Protection (CP) profile questions associated with a number of tariffs and those applicable 
to the Preserved Fruit and Vegetable case.   The review was to ensure that questions appropriately 
aligned with import conditions to e nsure biosecurity risk of the commercial pathway is managed 
appropriately.  
For Tariffs 0904, 2002, 2003 and 2005, importers will now be asked: “Are the goods accompanied 
by appropriate documentation to verify that they are commercially canned, bottled or retorted?” 
Changes to the questions have been in effect from 5th December 2019.  
Fresh Garlic Bulbs  
 
From 1 September 2019, all importers of fresh garlic bulbs must have a valid import permit prior to 
the goods being imported into Australia. An i mport permit may be obtained by submitting an import 
permit application to the department using BICON . 
All goods entering Australia must continue to meet the import conditions listed in the departments 
BICON and those listed on the import permit. Fresh gar lic bulbs imported without a permit from 
1 September 2019, have and will be subject to export or destruction.  
Rice 
 
A new pathway for rice 'semi processed (parboiled with germ intact)' has been added to the BICON 
Case 'Rice for human consumption or processing'.  
Importers must demonstrate that the rice has been parboiled by declaring all of the following on a 
Manufactur er’s Declaration:  
The rice has been soaked in water at a minimum temperature of 60 °C for at least 4 hours OR 65°C 
for 2 hours; The hydrated rice has been steamed at a minimum core temperature of 110 °C for at 
least 10 minutes OR 117°C for 5 minutes.  
5. Th e controls on the importation of goods specified in this category are statutory  requirements  
under the legislation detailed  below:  
 
- Environment Protection and Biodiversity Conservation Act 1999;  
- Environment Protection and Biodiversity Conservation Regulations  2000;  
- Biosecurity Act 2015;  
- Customs (Prohibited Imports) Regulations 1956.  
 
The Commonwealth Department of the Environment and Energy is responsible for administration of 
the EPBC Act. The Commonwealth Department of Agriculture  is responsible  for administration of 
animal and plant quarantine legislation. The Department of Home Affairs is responsible for 
administration of the Customs (Prohibited Imports) Regulations  1956.  
 G/LIC/N/3/AUS/13  
 
- 4 - 
 
  The legislation does not allow for administrative discret ion 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) Applications should be made well in advance of arriv al of the goods to allow time for the  
application to be assessed against the legislation and the relevant import policy. Under the 
EPBC Act, once a permit application is received, there is a 40 -business day statutory timeframe 
in which a decision regarding  the application must be made. Not all goods require an import 
permit and clearance to import can be given at the point of entry  provided the import 
conditions have been met.  
 
(b) In the case of most importations in this category it will not be possible for permission to  be 
issued immediately on  request.  
 
(c) No, permits may be issued at any period of the  year. 
 
(d) Applications for permission to import most animals, animal products, plants and  plant products 
into Australia involve an approach to a single agency – Department of  Agriculture  – unless 
the specimens are listed under CITES or Part 2 of the List  of Specimens  taken  to be Suitable  
for Live Import  (live import  list) under  the EPBC Act, in which  case an import  permit  from 
the Department  of the Environment  and Energy  is also required. The importation of some 
products is, by law, subject to certain  quarantine  conditions,  outlined  in the Department  of 
Agriculture  Biosecurity Import Conditions database - 
http://www.agriculture.gov.au/import/bicon . If the good to  be imported  is regulated  by more 
than one agency,  import  permission  is generally  required from both agencies  before  the 
good may be imported.  Live animals  and plants  must be included on the live import list 
under the EPBC Act before they may be  imported.  
 
8. An application to the Department of Agriculture for an import permit  may only be refuse d under  
the ordinary  criteria  for such applications.  Reasons  for refusal  will be advised. There are legislated 
structures in place that allow applicants to request a review of a decision to refuse to grant an import 
permit.  
 
For permit  decisions  under  the EPBC Act, applicants  may appeal  on the merits  of the decision  to 
the Administrative Appeals Tribunal (AAT). Alternatively, an appeal may be made on  the 
decision -making process itself under the Administrative Decisions (Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
The Biosecurity Act 2015 provides the department with an option to apply a fit and proper person 
test to import permit applicants and their associates. The test supports the trust placed on importers 
who are gr anted import permits. Not all permit applicants will be subject to a fit and proper person 
test - this test will only be used at the department’s discretion.  
 
9. (a)  Not applicable . 
 
(b) All Australian  persons,  firms and institutions  are eligible  to apply  for permission  to import.  
 
Documentation and other requirements for application for licence  
10. Applications for permission to import must be made electronically for all commodities  through  
the Department of Agriculture BICON system. Conditions for imports  into the Australian external 
territories of Norfolk Island, Christmas Island and the Cocos (Keeling) Islands are not contained in 
BICON. For information about all imports into these Australian external Territories, please visit 
http://www.agriculture.gov.au/import/goods/external -territories . 
Wher e the importatio n of the item come s under the jurisdictio n of the Departmen t of the 
Environment and Energy, a pplications for permission to import must be made electronically t o the G/LIC/N/3/AUS/13  
 
- 5 - 
 
  Minister for the Environment and Energy. The link to the application form can be foun d at: 
https://onlineservices.environment .gov.au/ . 
 
Importers should consult the BICON database (http://www.agriculture.gov.au/import/bicon) to 
determine if a commodity intended for import to Australia needs an import permit and/or treatment 
or if there are any other biosecurity prerequisites. Pe rmits must be obtained prior to importation and 
are required on importation. Applications for permits may be lodged electronically 
(https://bicon.agriculture.gov.au/BiconWeb4.0 ). Other documentation required is dependent on the 
type of commodity and the im port conditions of the permit or as listed on the BICON database. For 
the import of CITES listed specimens, both CITES export and import permits are generally required 
upon importation.  The import of live specimens may also require an import permit.  
 
11. Where  the importation  of the item comes  under  the jurisdiction  of the Department  of the 
Environment and Energy, an Australian import permit is required unless the specimens are 
considered to be personal and household effects, or they are pre -CITES and non-live. In most cases 
of CITES -listed specimens, CITES documentation from the country of export is required. Original 
documents must travel with the goods.  
 
12. Information on fees and charges for the importation of items that come under the  jurisdiction  
of the Department of Agriculture may be found  at: http://www.agriculture.gov.au/fees . 
 
Information regarding fees and charges relating to the application for CITES import permits,  and 
live specimen permits, is available at:  http://www.environment.gov.au/biodiversity/wildlife -
trade/permits/fees . 
 
13. There  is no deposit  or advance  payment  requirement  associated  with the issue of licenses,  
although assessment fees apply for most Department of Agriculture permit applications. An 
application (processing) and assessment fee for a Department of Agriculture  permit is charged 
automatically when a permit appli cation is accepted,  regardless  of whether  or not the permit  is 
issued.  Further,  the Department  of the Environment  and Energy  also charges an application fee at 
the time of application. The fee is not  refundable, regardless of whether or not a permit is issued 
and/or used.  
 
Conditions of licensing  
14. The period of validity of a permit depends on the nature of the importation: specific details  to 
be supplied on enquiry. Legislation will normally not allow for continuing permission.  Individual 
assessments of permit applications will determine the appropriate validity period, which  is generally 
one or two years for Department of Agriculture permits. From  time to time, a permit will be issued 
with a different validity, such as short -term importation of  artefacts  for a museum exhibition. CITES 
permits issued by the Department of the Environment and  Energy  are valid for up to six  months. 
The period of validity cannot be extended.  
 
15. There is no penalty for the non -utilisation of a permit or a portion of a permit.  
 
16. Biosecurity import permits are not transferrable between importers. Permits issued under  the 
EPBC Act may be transferred under very limited  circumstances.  
 
17. Biosecurity import permits often have end use restrictions placed on the goods (e .g. for human 
consumption only) and/or types of treatments they have to undergo prior to or after the goods arrive 
in Australia (e.g. product has been heat treated at 100 degree Celsius for 30 minutes).  
 
(a)  Not applicable.  
 
(b)  Conditions may be applied  in respect of such issues as custody, end use, disposal  or 
distribution  of imported  goods  as well as pre-export  treatment,  testing,  certification  or 
on-arrival treatment or  quarantine.  
 
Other procedural requirements  
18. No.  
 G/LIC/N/3/AUS/13  
 
- 6 - 
 
  19. Not applicable.  
 
2  ANZAC GOODS  
Outline of System  
1. There are two regulations under which the word "Anzac" is protected in Australia – Protection  of 
Word "Anzac" Regulations (Anzac Regulations) and the Customs (Prohibited Imports) Regulations 
1956 (PI  Regulations).  
 
Importat ion into Australia of goods the description of which includes or bears the word "Anzac",  or 
advertising  matter  relating  to those  goods,  is controlled  by the PI Regulations  and is prohibited 
except  with the written  permission  of the Minister  for Veterans’  Affairs  (the Minister)  or an 
authorised  officer.  
 
It is highly  likely that a person  making  an application  to import  "Anzac"  goods  under  the PI 
Regulations  will also need to apply  to use the word "Anzac"  under  the Anzac Regulations.  
 
Purposes and coverage of licensing  
2. Licensing system maintained and products covered include: the Anzac Regulations and the PI  
Regulations.  
 
The Anzac  Regulations  prevent  the use of the word "Anzac"  without  the written  permission  of the 
Minister for Veterans’  Affairs.  
 
The purpose of Regulation 4V of the PI Regulations is to prohibit the importation of all goods  into 
Australia  that include  or bear the word "Anzac",  unless:  the person  importing  the goods  is the 
holder  of a written  permit  granted  by the Minister  for Veterans’  Affairs  or an authorised  officer; 
and the permit  is produced  at or before  the time of importation.  The Minister  or an authorised 
officer may specify conditions or requirements to be complied with by the holder of the  permission  
or permit to import "Anzac" goods, and may, for any such condition or requirement, specify a  time 
period before the permission expires. The Minister or an authorised officer may revoke  permission  
where the conditions of the permit are not  met. 
 
In certain circumstances, providing the goods obtain approval status, importers are able to  obtain  
retrospective  import  approval  after the goods  have arrived  in Australia.  However,  if the "Anzac" 
goods in question do not receive ministerial approval they may be seized or retained by  the 
Australian  Border Force (ABF).  
 
3. The regulation applies to the importation of goods from all  countries.  
 
4. The PI Regulations  are not intended  to restrict  the quantity  or value  of imports.  The PI 
Regulations,  in conjunction  with the Anzac Regulations,  seek to protect  the inappropriate use and 
commercial exploitation of the word "Anzac" and to protect the significance of the  word.  
 
5. The  controls  on the importation  of "Anzac"  goods  are statutory  requirements  and cannot  be 
abolished without legislative  approval.  
   
Procedures  
6. Not applicable.  
 
7. (a) An application  for the importation  of "Anzac"  goods  into Australia  should  be made  well in 
advance  of the arrival  of the goods.  Permit  applications  may take between  six to twelve  
weeks  to process  because  of the checks  made  on the individual  or company  applying  to 
import the "Anzac" goods. Checks are also undertaken on the nature of the goods and  their 
intended  use. 
The importation of "Anzac"  goods is prohibited without written approval from the Minister for 
Veterans’ Affairs.  Goods that arrive into port without approval will be seized by the 
Australian  Border Force.  
 G/LIC/N/3/AUS/13  
 
- 7 - 
 
  In addition to the PI Regulations, the Anzac  Regulations prohibit the use of the word "Anzac"  
or any word resembling the word "Anzac"  in connection with any trade, business, calling, or 
profession without the Minister or an authorised officer’s written approval. Persons applying 
to import  "Anzac" goods m ay also re quire written consent to  use the said "Anzac"  goods 
under the Anzac  Regulations.  
 
(b) A permit cannot be granted immediately on request as certain conditions must be  fulfilled.  
Processing and assessing applications includes extensive checks and the preparation of  a brief 
for the Minister’s consideration and  decision.  
 
(c) Applications can be made at any time of the  year. 
 
(d) The Department  of Veterans’  Affairs  issues  permits  for the importation  of "Anzac"  goods  in 
accordance with Regulation 4V of the PI Regulations, and Permission to Use Word "Anzac"  in 
accordance with the Anzac Regulations. When considering  permit applications,  other  
authorities  may be contacted  by the Department  to verify  application  details.  
 
8.  An application  for a permit  may be refused  if: the Minister  considers  that approving  the 
application would cause offence; use of the word "Anzac" on the imported goods is  inappropriate; 
the application  does not fall within  the intent  of the Regulations , e.g. the use of the word "Anzac" 
on an inappropriate product; the applicant is not considered fit and proper; or further permission  is 
required, but has not been obtained. A permit may be revoked if the applicant fails to comply  with 
the condi tions of the  permit.  
 
An unsuccessful applicant is advised in writing of the Minister for Veterans’ Affairs’ decision and  the 
reason  for it. There  are no appeal  provisions  under  the Regulations;  however,  the Minister  will 
consider a request for reconsideration if the applicant is able to provide new information in  support  
of their application. In addition, an appeal may be made on the decision -making process  itself under 
the Administrative Decisions (Judicial Review) Act  1977.  
 
Eligibility of imp orters to apply for licence  
9. (a)  Any person,  firm or institution  is eligible  to apply  to the Minister  for Veterans’  Affairs  to 
import "Anzac" goods.  
 
(b) Not applicable.  
 
Documentation and other requirements for application for licence  
10.  An application can be submitted using form D9363 Application for Approval to use the word 
"Anzac " available on the Department of Veterans’ Affairs website.  Every application is considered on 
its individual merits and if additional information is required  the applicant will be  contacted.  
 
Applications should include, but are not restricted  to: 
 
• name of the applicant/importer (person and  organisation);  
• name and address of registered  company/premises;  
• nature of the business and purpose of the proposed "Anzac"  goods;  
• a current copy of the company Australian Business Number (ABN) or Australian  Company  
Number (ACN)  registration;  
• product description, full colour copy of item and  text; 
• letters of support from the ex -service  community;  
• proposed date of  import;  
• the duration permit is required;  and 
• where applicable, the name of the end user and the use of the end  goods.  
 
11. A copy of the signed permit is required at the time of  importation.  
 
12. There is no licensing fee or administrative  charge.  
 
13. There is no deposit or advance payment requirement associated with the issue of  licenses.  
 G/LIC/N/3/AUS/13  
 
- 8 - 
 
  Conditions of licensing  
14.  The period of the import permit is specified in the permit issued to the applicant and is  based  
on the requirements  of each applicat ion. Unless  otherwise  noted,  an import  permit  is usually  
required for every  delivery.  
 
The period  of an existing  permit  cannot  be extended,  but a new permit  may be issued  upon 
request to the  Minister.  
 
15. There is no penalty for the non-utilisation of a license or a portion of a  license.  
 
16. Permits/licences are not transferable between  importers.  
 
17. (a) Not applicable.  
 
(b) Not applicable.   
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
3  ASBESTOS  
The importation of asbestos into Australia is controlled under  the Customs (Prohibited Imports) 
Regulations 1956 (PI Regulations).  
 
Asbestos means the asbestiform varieties of mineral silicates belonging to the serpentine or 
amphibole groups of rock forming mi nerals including the following:  
 
(a)   actinolite asbestos;  
(b)   grunerite (or amosite) asbestos (brown);  
(c)   anthophyllite asbestos;  
(d)   chrysotile asbestos (white);  
(e)   crocidolite asbestos (blue);  
(f)   tremolite asbestos;  
(g)   a mixture that co ntains one or more of the minerals referred to in paragraphs  (a) to (f).  
 
3.1.  Please also refer to the section on Industrial Chemicals , including details of the  Rotterdam  
convention,  as it applies  to actinolite;  amosite;  anthophyllite;  crocidolite  and tremolite  asbestos.  
Outline of System  
1.  Under the PI Regulations, the importation  of asbestos,  or goods  containing  asbestos,  is subject  
to prohibition.  The regulations empower the Minister (the WHS Minister) administering the Work 
Health and Safety Act  2011 (WHS Act) to grant permission to import asbestos in certain 
circumstances.  
 
Purposes and coverage of licensing  
2.  Under  the PI Regulations,  the importation  of asbestos,  or goods  containing  asbestos,  is 
prohibited  unless:  
 
(a) The asbestos or goods containing asbestos are hazardous waste as defined in Section 4 of the 
Hazardous Waste (Regulation of Exports and Imports) Act 1989 (HW Act). Goods of this type 
must be imported in accordance with the provisions of the HW Act;  
(b) The goods are raw m aterials containing naturally occurring traces of asbestos; or  
(c) Permission has been granted by the WHS Minister for one or more of the following purposes:  
i)  in any case: research, analysis or display;  
ii)  if the importation is from and Australian ex ternal Territory: disposal in a mainland State 
or Territory; or  G/LIC/N/3/AUS/13  
 
- 9 - 
 
  (d) A confirmation from an authority of an Australian State or Territory is in force stating that the 
proposed use of the asbestos or goods is research, analysis or display in accordance with  WHS 
laws of that State or Territory; or  
 
(e) The importation is of a ship or resources installation and all of the following apply:  
i)  of at least 150 gross tonnage as shown on the International Tonnage Certificate;  
ii)  the asbestos was installed or affixed before 1 January 2005;  
iii)  the asbestos in the ship or resources installation will not be a risk to any person unless 
it is disturbed.  
 
3.  The regulations apply to the importation of goods from all  countries.  
 
4.  The  importation  of all forms  of asbestos  is regulated  as a community  and workplace  safety  
measure. The importation of asbestos is subject to prohibition to reduce and prevent  occupational 
and environmental exposures to asbestos fibres, and the possible adverse health  outcomes  
attributed to these exposures. In addition to the prohibition of the importation of asbestos, the use 
of asbestos is prohibited in all Australian state, territory and Commonwealth work health and safety  
regulations. The import prohibition applies to all goods that contain asbestos regardless of their 
value.  
 
5.  The control on importation of asbestos and goods containing asbestos is a  statutory  requirement 
under Regulation 4C of the PI Regulations made under the Customs Act 1901 . The  system cannot 
be abolished without legislative  approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) Permission to import must be obtained before shipment to Australia.  
 
(b) A request  for permission  to import  asbestos  can be made  at any time by writing  to the 
Minister  administering the WHS Act, or to the CEO of the Asbestos Safety and Eradication 
Agency who is authorised by Ministerial instrument to grant permission in some instances.  
Upon consideration  of the request,  the Minister or authorised person  will reply to the 
applicant.  
 
(c) Permission to import may be granted at any period of the  year. 
 
(d) Consideration of licence applications is effected by the Asbestos Safety and Eradication 
Agency. The Agency consults with the Attorney General’s Department (AGD), which has 
responsibility for the Work Health and Safety Act 2011 . The WHS Minister is briefed by the 
AGD in relation to applications that are complex or not routine in nature. Otherwise, the 
delegated decision maker is the CEO of the Asbestos Safety and Eradication Agency.  
 
Permission to import may be granted for a one -off import or for an ongoing period, as  decided 
by the WHS Minister or CEO of the Asbestos Safety and Eradication Agency . 
 
(e) Confirmation of Ministerial import permission is to be available for presentation to  the 
Australian Border Force at the point of importation.  
 
8.  Applications for perm ission to import asbestos are risk -assessed on a case by case basis. The act 
of applying for permission does not guarantee permission will be granted.  
 
There are no specific appeal provisions in relation to asbestos available under the PI  Regulations.  
Howe ver, an appeal  may be made  on the decision -making  process  itself under  the Administrative  
Decisions (Judicial Review) Act 1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) All persons, firms and institutions are eligible to apply for permission to  import asbestos.  G/LIC/N/3/AUS/13  
 
- 10 - 
 
  Documentation and other requirements for application for licence  
10.  For permission to import, applications must be made in writing to the WHS Minister or to the 
CEO of the Asbestos Safety and Eradicati on Agency. The  application  should include the following  
information:  
 
• importer's name, address and phone number, as well as those details for a representative;  
• details  of the asbestos or goods containing asbestos to be  imported  including  the reason  
or purpose  for the importation, where the asbestos or goods containing asbestos are to be 
imported  from, and the amount of asbestos intended to be imported;  
• details of the procedures to be used to package, label, handle, transport and dispose of the  
goods, in cluding whether they are compliant with relevant laws;  
• where applicable – evidence that a laboratory where research will be undertaken has 
appropriate accreditation ; 
• where applicable – that relevant WHS regulator approval has been obtained ; 
• an assurance the applicant will comply with relevant Commonwealth and state/territory 
legislation relating  to the use, handling, transport, and disposal of  asbestos.  
 
Relevant information for applicants is available at the website of the Asbestos Safety and E radication 
Agency (Australian Government) https://www.asbestossafety.gov.au/ . 
 
11. The import  permission  of the relevant  Minister  or authorised  person  is to be available  for 
presentation to  the Australian Border Force at the point of importation. Asbestos must be declared 
as present in the goods when lodging the import entry.  
 
12. No.  
 
13. No.  
 
Conditions of licensing  
14. The WHS Minister and authorised person (CEO of the Asbestos Safety and Erad ication Agency) 
have discretion as to the period of validity of a licence.  Import permissions are single use or they 
may be for ongoing use, depending on the applicant’s requirements, for one to two years.  
 
15.  Not applicable.  
 
16.  Not transferable.  
 
17.  (a) Not applicable.  
 
       (b) The WHS Minister or authorised person may only grant permission to import asbestos:  
 
-  in any case, for the purpose of research, analysis or display, or  
-  in the case of (Australian) external territories, for disposal o n the mainland.  
 
Permission to import asbestos is granted conditional on it only being for one or more of these 
purposes, as specified in the permission letter. The WHS Minister or authorised person has discretion 
to attach other conditions, such as compl iance with relevant laws in relation to asbestos.  
 
Conditions are to ensure compliance with the asbestos border control and to reduce the risk of 
exposure of asbestos fibres to humans from the asbestos in the goods.  
 
 
Other procedural requirements  
18.  In some states a person is required to seek permission to use asbestos from the relevant WHS 
regulator. It is a requirement that permission be sought prior to the granting of import permission.  
 
19.  Not applicable.  
 G/LIC/N/3/AUS/13  
 
- 11 - 
 
  4  CAT AND DOG FUR PRODU CTS 
Outline of System  
1.  The importation  of cat and dog fur and goods  made  from or using  cat or dog fur is prohibited 
under provisions of the Customs Act 1901 and the Customs (Prohibited Imports) Regulations  1956 
(PI Regulations) unless the permission of the Minister for Home Affairs, or  an authorised person, has 
been obtained.  
 
Purposes and coverage of licensing  
2.  The goods  covered  by this control  include  raw, tanned  or processed  furs or pelts,  and goods 
that may contain  such fur, that are derived  from the cat and dog species  listed  below.  These  
species are more commonly referred to as domestic cat and dog  breeds.  
 
• Cat fur - the pelt or hair of an animal of the species Felis  catus;  
• Dog fur - the pelt or hair of an animal of the species Canis  familiaris;  
• Cat or dog fur product  - a product  or other thing  that consists,  wholly  or partly,  of cat or 
dog fur. 
 
The relevant Harmonised Commodity Description and Coding System tariff numbers include various 
lines, but are not limited to; 4103.90, 4301.80, 4301.90, 4302.19, 4302.20, 4302.30, 4303.10 and 
4303.90.  
 
3. The system applies to importations from all countries.  
  
4.  The PI Regulations are not intended to restrict the quantity or value of imports. The  importation  
of cat and dog fur products is regulated in response to animal welfare  concerns.  
 
5. The control on the specified goods is a statutory requirement under Regulation 4W of the  PI 
Regulations made under the Customs Act 1901 . The control cannot be abolished without  legislative  
approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) Application  should  be made  in advance  of arrival  of the goods.  Import  permission  can be 
considered for goods which have inadvertently arrived in  Australia.  
 
(b) No. 
 
(c) No. 
 
(d) Permissions are granted by the Minister for Home Affairs or  an authorised  person.  Importers  
may also need to approach  the Department of Agriculture for permission to import cat or 
dog fur or products  thereof.  
 
8.  Apart from statutory or ordinary requirements there are no other criteria. Reasons for  refusal  
are given  to applicants.  Applicants  refused  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 institution s are eligible to  apply.  
 
 Documentation and other requirements for application for licence  
10.  Applications must be made in writing to the Minister for Home Affairs  or an authorised person. 
The application should include the following information: import ers name  and address; and details 
of the goods to be  imported.  G/LIC/N/3/AUS/13  
 
- 12 - 
 
  11. The original  permission  from the Minister  for Home Affairs  or authorised  person is required to be 
produced upon  importation.  
 
12. There is no licensing fee or administrative  charge.  
 
13. There is no deposit or advance payment requirement associated with the issue of  licenses.  
 
Conditions of licensing  
14.  The Minister may specify a time period for the validity of the  permission.  
 
15.  There is no penalty for the non-utilisation of a license or a portion of a  license.  
 
16.  Permits/licences are not transferable between  importers.  
 
17.  Conditions may be imposed on the  permit. Quantitative limits, where appropriate,  are specified 
as conditions.  
 
Other procedural req uirements  
18.  No.  
 
19.  Not applicable.  
 
5  CETACEANS  (WHALES, DOLPHINS AND  PORPOISES)   
Outline of System  
1.  All cetaceans  are listed  on Appendix  I or II of the Convention  on International  Trade  in 
Endangered  Species  of Wild Fauna  and Flora (CITES).  Under  the Environment  Protection  and 
Biodiversity Conservation Act 1999 (EPBC Act) all cetaceans and cetacean products are treated  as 
if they were CITES Appendix I for the purposes of import into Australia. CITES requirements  are 
enforced  under  the EPBC Act at Australian  ports of entry  by Home Affairs  which  acts on behalf  of 
the Department of the Environment and  Energy.  
 
Purposes and coverage of licensing  
2.  All whale, dolphin and porpoise specimens are subject to control under the EPBC  Act. The rel evant 
Harmonised Commodity Description and Coding System tariff numbers are 0106.12, 0507.90 and 
0511.99.  
 
3.  The system applies to specimens originating in and coming from all  countries.  
 
4.  The permit  system  is intended  to strictly  regulate  trade  in cetacean  specimens  to ensure  that 
trade is not detrimental to the survival of the species, and thereby contribute to the  conservation  of 
cetaceans. The only circumstances in which cetacean imports are allowed  are: 
 
• Non-live Appendix  I listed  specimens  may only be moved  internationally  in the following 
circumstances:  (i) if the specimen  was taken  from the animal  prior to that species  being 
listed under CITES; (ii) scientific research purposes; (iii) educational purposes;  and 
(iv) exhibition  purposes.  
• Live Appendix I -listed specimens may only be moved internationally for  conservation  
breeding purposes, for research and education purposes or if the specimen originated  from 
a CITES registered commercial captive breeding  program.  
 
The system is not intended to restrict the quantity or value of  imports.  
 
5.  Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act) and  Environment 
Protection and Biodiversity Conservation Regulations 2000. It is not possible to change the  system  
without legislative approval. The intention is to limit trade to non -commercial purposes  and promote 
the conservation of  cetaceans.  
 G/LIC/N/3/AUS/13  
 
- 13 - 
 
  Procedures  
6. Not applicable.  
 
7. (a)  Applicants should ensure required permits are in place before shipp ing specimens.  Permits 
cannot be issued, and permits will not be issued once a specimen  has arrived  in Australia.  
Once a permit application is received, there is a 40 -business day statutory timeframe in which 
a decision regarding an application must be mad e. When a permit is issued the specimen must 
be imported within six months of the issuance date.  
 
(b) No. 
 
(c) No. 
 
(d) Processing of international wildlife trade import permit applications is handled by  the 
Department  of the Environment  and Energy.  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 in each state or Australian  Government 
Jurisdiction. Examples of such agencies wo uld be the Department of Agriculture – Biosecurity 
[formerly known as the Australian Quarantine and Inspection  Service  (AQIS)], or a State 
Conservation  Department.  
 
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 De cisions (Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) All persons, firms and institutions are eligible to apply for  licences.  
 
Documentation and other requirements for application for licence  
10.  Applications for permission to import must be made electronically to the Minister for  the 
Environment and Energy. The link to the application form can be found at: 
https://onlineservices.environment. gov.au/ . 
 
11. CITES  documentation  from the country  of export  is required.  An Australian  CITES  import  
permit is also required unless the specimens are pre -CITES and  non-live. Original documents must 
travel with the goods.  
 
12. Information  regarding  fees and charges  relating  to the application  for CITES  import  permits,  
and live specimen permits, are available at the Department of the Environment and  Energy  website 
at: http://www.environment.gov.au/biodiversity/wildlife -trade/permits/fees . 
 
13. There  is no deposit  or advance  payment  requirement  associated  with the issue of licenses,  
other than the permit application fee (if applicable) which is payable at time of application and  is not 
refundable, regardless of whether or not the permit is granted.  
 
Conditions of licensing  
14.  CITES permits may be issued with a validity period of no more  than six months. The period  of 
validity cannot be  extended.  
 
15.  There is no penalty for the non -utilisation of a license or a portion of a  license.  
 
16.  Permits issued under the EPBC  Act may be transferred under very limited  circumstances.  
 
17. (a) Not applicable.  
 G/LIC/N/3/AUS/13  
 
- 14 - 
 
  (b) Conditions may be imposed on the permit, and quantitative limits are specified as  conditions.  
Conditions usually relate specifically to the nature of the  import.  
 
Othe r procedural requirements  
18. No.  
 
19. Not applicable.  
 
6  CHEESE, CERTAIN TYPES  
Outline of System  
1.  Australia  administers  a tariff quota  on imports  of certain  types  of cheese  and curd. Under  the 
Cheese  and Curd Quota  Scheme  the tariff quota  applies  to certain  types  of cheese  and curd that 
can be imported at a concessional rate of duty ($0.096/kg) and is restricted to 11,500 tonnes  per 
annum.  Imports  can be made  outside  the 11,500 -tonne  quota  allocated  each year, but a higher  
rate of duty ($1.220/kg)  applies.  
 
Purposes and coverage of licensing  
2.  No licensing system is maintained for out -of-quota cheese imports. For in -quota  cheese  imports,  
individuals  or companies  which  have historically  imported  dutiable  cheese  under  quota  are 
allocated  a share  of the tariff quota,  allowing  them to import  a quantity  of cheese  at the 
concessional  rate of duty. Individuals  or companies  who do not have a share  of the tariff quota  
may still import  cheese  at the out-of-quota  tariff rate. The products  covered  by the tariff quota  
are as  follows:  
 
Number 0406  Product type   
Cheese and  Curd  Rate of  Duty 
0406.10  Fresh (un -ripened or uncured) cheese, including whey 
cheese,  and curd  $A0.096/kg  (a) 
$A1.220/kg  (b) 
0406.20  Grated or powdered cheese, of all  kinds $A0.096/kg  (a) 
$A1.220/kg  (b) 
0406.30  Processed cheese, not grated or  powdered  $A0.096/kg  (a) 
$A1.220/kg  (b) 
0406.40.10  Blue-veined  cheese:  
− Roquefort,  Stilton  Free (c) 
 
0406.40.90  Blue-veined  cheese:  
− Other    $A0.096/kg  (a) 
  $A1.220/kg  (b) 
0406.90.10  Other  Cheese:  
− Cheese, of the following  types:  
• made wholly from goats’ milk, other 
than feta  or kasseri  
• surface -ripened soft,  having:  
▪ a fat content  in the dry 
matter  of not less than 50% 
by weight,  and 
▪ a moisture content of not less 
than 65% by weight of the 
non-fatty matter  
 Free (c) 
 
 
 
 
 
 
 
 
 
 
0406.90.90  Other  Cheese:  
− Other  
• includes Cheddar, Colby, Edam,  Gouda, 
Havarti, Parmesan, Kasseri,  
Mozzarella, Provolone,  Feta   $A0.096/kg  (a) 
  $A1.220/kg  (b) 
(a)   Rate for cheese imported within the tariff  quota.  
(b)  Out of quota rate for cheese imported in excess of tariff quota  amount.  
(c)   Not subject  to the tariff quota.  Included  in table only to indicate  coverage  of residual  tariff item 
(“other”).  
 
Note:  The rate for developing  countries  is as shown  in the table above,  less 5% of the customs  value 
(fob price) of the  product.  G/LIC/N/3/AUS/13  
 
- 15 - 
 
  3. The scheme applies to cheeses originating in and coming from all countries except, some 
members of the Association of Southeast Asian Nations (ASEAN – Malaysia, the Republic of the 
Philippines, the Kingdom of Thailand, the Kingdom of Cambodia, the Lao Peopl e’s Democratic 
Republic and the Republic of Indonesia only), a number of countries in the Trans -Pacific Partnership 
(TPP – Canada, Japan, Mexico, the Republic of Singapore and the Socialist Republic of Vietnam only), 
Chile, Hong Kong, New Zealand, Papua Ne w Guinea, People’s Republic of China, Peru, Republic of 
Korea, South Pacific Forum Island Countries, or the United States  of America.  
 
4. The licensing system is used to administer the tariff  quota.  
 
5. The licensing system is maintained under the Customs Act 1901 , and the Customs  Tariff  Act 1995. 
The system cannot be abolished without legislative  approval.  
 
Procedures  
6.-I. The names of annual tariff quota holders and their quota allocation are made public  through  
publication in the Commonwealth of Australia  Gazette.  
  
II. The size of the tariff quota is 11,500 tonnes per annum. The allocation of the tariff quota  to 
individual importers occurs on an annual  basis.  
 
III. Tariff quota  allocations  to individuals  or companies  are based  on historical  trade  
performance in the importation of cheese under quota. No tariff quota is allocated on  the basis 
of domestic production of like product. Unused portions/amounts of the tariff  quota  allocation 
are not added to the tariff quota for the following  year. 
 
IV.-VI. Not applicable.  
 
VII. The Australian Border Force administers all aspects of the  scheme.  
 
VIII. Tariff quotas are allocated to importers on the basis of historical trade performance  involving 
quota  usage.  The allocations  of the cheese  and curd quota  are made  to importers  in July 
each year based  on the actual  usage  of quota  to import  cheese  and curd in the 23 months  
ending 31 May of that same year. New importers are able to acquire tariff quota allocation  on 
transfer from an existing holder of tariff  quota.  
 
IX. Not applicable.  
 
X. Not applicable.  
 
XI. No. 
 
7.  Not applicable.  
 
8.  No circumstances  exist for refusal  to make  an allocation  beyond  failure  to meet the standard  
criteria.  
 
Allocations are made only in accordance with a Determination made in pursuance of Section  273B 
of the Customs Act 1901 , and published documentation such as relevant Department  of Home 
Affairs  Notices.  Allocations  of quota  to new parties  are enacted  by transfer by use of an approved  
form.  
 
The fixed annual  amount  of quota  available  for distribution  is allocated  to existing  quota  holders  
according to each quota holders’ previous import history of use of quota in the 23 months ending 
31 May prior to the ne xt financial year allocation. The scheme does not provide for  direct applications 
for quota and does not have a licensing system as  such.  
 
The Australian Border Force  has no record  of refusals  to make  an allocation.  
 
All decisions of an administrative nature are appealable on a case -by-case basis under  the 
Administrative Decisions (Judicial Review)  Act. 
 G/LIC/N/3/AUS/13  
 
- 16 - 
 
  Eligibility of importers to apply for licence  
9. (a)  Only those firms that have a history of trade performance in importing cheese under  quota  
are allocated  a share  in the tariff quota.  The allocation  of the tariff quota  is made  on the 
basis of historical trade performance. Firms are free to transfer their tariff quota  allocation.  
 
(b) Not applicable.  
 
Documentation and other requirements for application for licence  
10.  Applications are not required. Eligible importers are advised of their entitlement based on  the 
Australian Border Force  records  of import  entries  lodged  during  the preceding base  period.  
 
11. No quota specific document is required on importation. Product is entered into Australia  under  
quota  by use of unique  Tariff Quota  Numbers  and security  codes  on Customs  import  clearance  
documentation (electronic or  manual).  
 
12. There is no licensing fee or administrative  charge.  
 
13. There is no deposit or advance payment requirement associated with the issue of  licenses.  
 
Conditions of licensing  
14. Twelve -month period with no  extensions.  
 
15.  There are no official penalties for individuals or companies that do not utilise their  allocation.  
However, since allocations are based on historical trading performance, future allocations may  be 
reduced for individuals or companies that do not utilise their  allocation.  
 
16.  Tariff quota allocations can be transferred between individuals and companies  without 
limitation. However, transfer transactions do not count as trade performance for the purpose  of 
quota  allocation.  
 
17. (a) No.  
 
(b) No. 
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
7  CHEMICAL WEAPONS, CHEMICALS AND THEIR  PRECURSORS  
Outline of System  
1.  The importation into Australia of prescribed goods containing a chemical compound, or  a chemical 
compound belonging to a group of compounds, mentioned in Part 2 or 3 of Sc hedule 11  of the 
Customs (Prohibited Imports) Regulations 1956 (PI Regulations), from a country that is not  a State 
Party to the Convention on the Prohibition of the Development, Production, Stockpiling  and Use of 
Chemical Weapons and on their Destruction (“Chemical Weapons Convention”),  is prohibited under 
Regulation 5J of the PI  Regulations.  
 
The importation  of prescribed  goods  containing  a chemical  compound,  or a chemical  compound 
belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 of the PI  Regulations  
from a country that is a State Party to the Chemical Weapons Convention or mentioned in Part 4  of 
Schedule 11 of the PI Regulations, is prohibited  unless:  
 
• the Minister  for Foreign  Affairs  or an authorised  person  has given  permission  in writing  
to import the goods. The Minister has authorised the positions of Director General  and G/LIC/N/3/AUS/13  
 
- 17 - 
 
  Assistant  Secretary  of Australian  Safeguards  and Non-Proliferation  Office  (ASNO)  to grant 
permits;  and 
• the permission is produced to the Australian Border Force.  
 
These  prohibitions  do not apply  to chemicals  listed  in Part 3 (except  Items  1, 2 or 3) or Part 4 of 
Schedule 11 where they are in concentrations of less than 10% by weight of the goods, and  there  
are no other  Part 2, 3 or 4 chemical  compounds  in the goods.  Such goods  may be imported  from 
both State Parties and non -State Parties without requiring a  permit.  
 
Purposes and coverage of licensing  
2. Chemical  compounds  as mentioned  in Part 2 or 3 of Schedule  11 of the PI Regulations  from a 
country  that is a State  Party to the Chemical  Weapons  Convention  and all Part 4 chemicals  are 
regulated by a permit system. A permit must be granted by the Minister for Foreign Affairs or  an 
authorised person and produced to the  Australian Border Force . 
 
3. The regulations apply to the importation of goods from all  countries.  
 
4. The PI Regulations  are not intended  to restrict  the quantity  or value  of imports.  Australia  is a 
Party to the Chemical Weapons Convention (CWC), and amongst other things, this treaty  requires  
State  Parties  to declare  trade in CWC-Scheduled  chemicals,  and to impose  trade restrictions  on 
transfers of the more toxic chemicals listed in Part 2 and 3 to non -State Parties.  Since  implementing  
the treaty  in 1997,  Australia  has regulated  the Part 2 chemicals  through  use of permits. In  2000, 
the permit system was extended to apply to Part 3 and 4 chemicals in  response  to stricter CWC 
provisions relating to Part 3 transfers and because less formal means of contr olling and tracking 
were assessed as  inadequate.  
 
5. The control on importation of the specified goods is a statutory requirement under Regulation  5J 
of the PI Regulations  made  under  the Customs  Act 1901,  but could  also be relevant  to the 
Chemical Weapons (Prohibition) Act 1994 . This restriction does not apply to goods that contain  a 
chemical  compound  listed  in Part 3 (except  Items  1, 2 or 3) or Part 4 of Schedule  11 of the PI 
Regulations that is less than 10% by weight of the total and contain no other listed chemicals.  The 
system cannot be abolished without legislative  approval.  
 
Procedures  
6. Not applicable.  
 
7. (a)  Application  should  be made  in advance  of arrival  of the goods.  There  are two types  of 
permits: permits for chemicals in Part 2 of Schedule 11 of the PI Regulations (Schedule 1  of 
the CWC) and permits for chemicals in Part 3 and Part 4 of Schedule 11 of the  PI Regulations 
(Schedules 2 and 3 of the CWC). Chemicals from Part 2 require 37 days’  notice for importati on 
which cannot be varied due to concomitant international  reporting requirements.  However, 
the 37 -day advance notification requirement is waived for imports of saxitoxin in quantities of 
5 mg or less for medical/diagnostic purposes provided that  the goods contain  no other  
chemical  listed  in Part 2 of Schedule  11 of the PI Regulations.  Permits for chemicals listed 
in Part 3 a nd Part 4 of Schedule 11 require 7 days’ notice,  which can be reduced if  necessary.  
 
(b) Permits cannot be issued immediately for chemicals under Part 2 except in the saxitoxin  case 
described in paragraph 7(a). Part 3 and 4 chemical permits can be issued immediately  where  
practical. There is also allowance for post -import permits to be issued immediately upon request 
under subdivision GC of the Customs Act 1901  where importation occurred inadvertently without 
a permit.  
 
(c) Permits may be issued at any period of the  year. 
 
(d) Permit applications are considered by a single administrative organ, namely ASNO as the 
permit issuing authority. However, ASNO consults with the Australian Border Force prior to 
issuing an import permit to check whether there are any adverse findings for that company in 
relation to previous imports. Permits  are issued by the Minister for Foreign Affairs or 
authorised persons (i.e. the Director General and Assistant Secretary of ASNO).  
 G/LIC/N/3/AUS/13  
 
- 18 - 
 
  Please note that ASNO then provides the Australian Border Force with th e details of import permit 
holders for Part 3 and 4 chemicals, including the company name, all chemicals listed on their import 
permit, and the tariff classification code used by the Importer.  
 
8.  Application for permission to import can be refused on the  discretion of the Minister for  Foreign  
Affairs.  There  is no right of appeal  on the merits  of the decision.  However,  an appeal  may be 
made  on the decision -making  process  itself under  the Administrative  Decisions  (Judicial  Review) 
Act 1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) All persons, firms and institutions are eligible  to apply for permission to import,  however  the 
chemicals  from Parts 2 and 3 can only be imported  from a country  which  is a State  Party to 
the Chemical  Weapons  Convention  (as listed on the Internet  at 
https://www.opcw.org/about -opcw/member -states ). Also, all of the prescribed chemical 
imports can only be used  for purposes not prohibited by the CWC, as provided for under the 
Chemical  Weapons  (Prohibition) Act  1994. 
 
Documentation and other requirements for application for licence  
10. For permission  to import,  applications  must be made  in writing  to the relevant  Minister  or 
authorised  person.  
 
Permits for chemicals in Part 2 of Schedule 11 of the Customs  (Prohibited  Imports)  Regulations 1956 
(i.e. Schedule 1 of the  CWC) . 
 
The permit  is valid for a single  shipment  of the specified  chemical.  The following  details  must be 
included in the  application:  
• importer’s name, address, Australian Business Number and other contact  details;  
• supplier’s name and address;  
• country of export (this can only be another State Party) – the goods must be shipped 
directly; transhipment through another country is not allowed;  
• name, CAS number, quantity (gross and net) and percentage by weight, proposed use, tariff 
classification code and other descriptors of the chemical;  
• date of export from supplying country and ex pected import date;  
• end user’s name, address and other contact details;  
• a description of security measures that will be taken to prevent unauthorised access to the 
chemical.  
 
Permits  for chemicals  in Part 3 and Part 4 of Schedule  11 of the Customs  (Prohibi ted Imports)  
Regulations 1956 (i.e. Schedules 2 & 3 of the  CWC) . 
 
The permit is valid for multiple shipments of multiple chemicals over a specified time, usually  one 
year. The following details must be included in the  application:  
 
• importer’s name, address and other contact details;  
• importer’s ABN;  
• names, CAS numbers. Tariff Codes and percentage by weight of the chemicals the Importer 
is proposing to import;  
• exporting country;  
• a description of security measures that will be taken to prevent unauthori sed access to  the 
chemical.  
 
ASNO’s secure online portal (available for existing import permit holders since 1 January 2015) 
allows for electronic reporting and renewal of import permits.  
 
Companies that are importing chemicals for the first time must submit a completed import permit 
application form (available at https://www.dfat.gov.au/asno ).  
 
Further information, including permit application a nd reporting forms, is available at:  G/LIC/N/3/AUS/13  
 
- 19 - 
 
  https://dfat.gov.au/about -us/publications/Pages/the -chemica l-weapons -convention -information -
for-importers -and-exporters -of-chemicals -2014.aspx . 
  
11. Written permission of the Foreign Minister or ASNO (i.e. the import permit) is required  by the 
Australian Border Force  at the time of import.  Where  Part 2 chemicals  are imported,  the importer  
must also notify ASNO of the actual arrival date within 30 days of shipment  arrival in Australia.  
 
12. No.  
 
13. Not applicable.  
 
Conditions of licensing  
14. Permits for chemicals in Part 2 of Schedule 11 of the PI Regul ations apply to one  consignment 
only and are valid for three months. A new application is required for each  import.  
 
Permits  for chemicals  in Part 3 and 4 of Schedule  11 of the PI Regulations  may be for multiple  
importations  and are valid for up to 12 months.  Permits  may be reissued  on an annual  basis on 
request,  provided  all permit  conditions  are met, including  reporting  annually  to ASNO  on actual 
quantities of chemicals imported. Permits may also be varied at any  time. 
 
15. No.  
 
16. No.  
 
17. A permission  granted  under  Regulation  5J of the PI Regulations  may specify  conditions  or 
requirements to be complied with by the holder of the permission. Permit requirements  for chemicals 
in Parts 3 and 4 of Schedule 11 include the annual reporting of chemical  shipments  covered  by the 
permit  for the previous  calendar  year. If the holder  of any permission  fails to comply with a 
condition or requirement the Minister may revoke the  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 1994 if certain  activity  thresholds  for those  chemicals are 
exceeded. However, the requirements for operational permits as specified under  the Act are not 
linked to the timing of  imports.  
 
19. Not applicable.  
 
8  COUNTERFEIT CREDIT CARDS  
Outline of System  
1.  The importation of counterfeit credit, debit or charge cards is prohibited under provisions of  the 
Customs Act 1901 and the Customs (Prohibited Imports) Regulations 1956 (PI Regulations),  unless  
the permission of the Minister administering the Australian Federal Police Act 1979 – presently  the 
Minister for Home Affairs – has been  obtained.  
 
Purposes and  coverage of licensing  
2. The goods covered are any non -genuine credit, debit and charge cards that are made to  imitate  
and pass for genuine  cards. The relevant Harmonised Commodity Description and Coding System 
tariff number is 8523.21.  
 
3. The system app lies to any non -genuine credit, debit and charge cards that are made to  imitate  
and pass for genuine cards originating from all countries.  
 
4. The PI Regulations are intended to prohibit the importation of counterfeit credit, debit or  charge  
cards.  
 G/LIC/N/3/AUS/13  
 
- 20 - 
 
  5. The control  on the specified  goods  is a statutory  requirement  under  PI Regulations  made  under  
the Customs Act 1901 . The control cannot be abolished without legislative  approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) Applications  for permission  to import  should  be made  in advance  of arrival  of the goods.  
 
(b) Applications for permission to import can be processed immediately, provided all information  is 
available and the application is considered to be urgent.  
 
(c) Permits  may be issued  at any period  of the year. 
 
(d) Permits are granted by the Minister for  Home Affairs.  
 
8.  Applications  for permission  to import  can be refused  at the discretion  of the relevant  Minister.  
Reasons for refusal are given to applicants. Applicants refused permission to import may appeal  on 
the decision -making process under the Administrative Decisions (Judicial Review) Act 1977. 
 
Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to  apply.  
 
Documentation and other requirements for application for licence  
10. Applications  must be made  in writing  to the Minister. The application should include  the 
following  information:  
 
• Importers name and address;  
• Details of the goods to be imported.  
 
11. The original  permission  from the Minister  or authorised  person  is required  upon importation.  
 
12. There is no licensing  fee. 
 
13. There  is no deposit  or advance  payment  requirement  associated  with the issue of these  licenses.  
 
Conditions of licensing  
14. The Minister  may specify  a time period  for the validity  of the permission.  
 
15. There  is no penalty  for the non-utilisation  of a license  or a portion  of a license.  
 
16. Permits/licenses are not transferable between  importers.  
 
17. Conditions  may be imposed  on the permission  and quantities  are specified.  
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
9  DOG COLLAR – PROTRUSION  
Outline of System  
1.  The importation of protrusion dog collars is prohibited under provisions of the Customs Act  1901 
and the Customs  (Prohibited  Imports)  Regulations  1956 (PI Regulations),  unless  the permission  of 
the Minister for Home Affairs, or an authorised person, has been obtained.  G/LIC/N/3/AUS/13  
 
- 21 - 
 
  Purposes and coverage of licensing  
2.  The goods covered are: dog collars, incorporating apparatus designed to puncture or bruise  an 
animal’s  skin. 
 
3.  The system applies to importations from all countries.  
 
4.  The PI Regulations are not i ntended to restrict the quantity or value of imports. The  importation  
of protrusion dog collars is regulated in response to animal welfare  concerns.  
 
5.  The control on the specified goods is a statutory requirement under Regulation 4 Schedule 2, 
Item 10 of the PI Regulations made under the Customs Act 1901 . The control cannot be abolished  
without legislative  approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) Application should be made in advance o f arrival of the  goods.  
 
(b) No.  
 
(c) No. 
 
(d) Permissions are granted by the Minister for Home Affairs or an  authorised  person.  
 
8.  Apart from statutory or ordinary requirements there are no other criteria for refusal. Reasons  for 
refusal are given to applicants. Applicants refused permission to import may appeal on  the 
decision -making process under the Administrative Decisions (Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) All persons, firms and institutions are eligible to  apply.  
 
Documentation and other requirements for application for licence  
10.  Applications must be made in writing to the Minister for Home Affairs  or an authorised person. 
The application should include the following  information:  
 
• importer’s name and address;  
• details of the goods to be  imported.  
 
11. The original  permission  from the Minister  for Home Affairs  or authorised person is required to 
be produced upon  importation.  
 
12. There is no permit  fee. 
 
13. Not applicable.  
 
Conditions of licensing  
14. The Minister for Home Affairs may specify a time period for the  validity  of the  permi ssion.  
 
15. There is no penalty for the non -utilisation of a license or a portion of a  permission.  
 
16. Licenses are not transferable between  importers.  
 
17. Conditions may be imposed on the permit. Quantitative limits, where appropriate,  are specified 
as conditions.  
 G/LIC/N/3/AUS/13  
 
- 22 - 
 
  Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
10  FLAGS, ARMS AND SEALS  
Outline of System  
1. The importation of goods with a representation of the arms, seal or flag of the  Commonwealth  or 
a State  or Territory  or the Royal Arms is prohibited  under  provisions  of the Customs  Act 1901 and 
the Customs (Prohibited Imports) Regulations 1956 (PI  Regulations).  
 
For goods to which, or to the coverings of which, there is applied a representation of the arms,  a 
flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag or  a 
seal of the Commonwealth as to be likely to deceive, specified conditions must be complied  with. 
The goods must not be imported unless the design has been approved in writing b y the Secretary  
to the Department of the Prime Minister and Cabinet or an authorised person; and if the  collector  
asks the importer to produce the approval, the importer produces  it. 
 
For goods to which, or to the coverings of which, there is applied a rep resentation of the arms,  a 
flag or a seal of a State or Territory of the Commonwealth or a representation  so  nearly  resembling  
the Arms,  a flag or a seal of a State  or Territory  of the Commonwealth  as to be likely  to deceive;  
or a representation  of the Royal  Arms or a representation  so nearly  resembling  the Royal  Arms 
as to be likely to deceive,  permission  from the Minister  for Home Affairs or an authorised person 
must be  obtained.  
 
Purposes and coverage of licensing  
2. The goods covered  are: 
 
• goods to which, or to the coverings of which, there is applied a representation of the  arms,  
a flag or a seal of the Commonwealth or a representation so nearly resembling the Arms,  a 
flag or a seal of the Commonwealth as to be likely to  deceive;  and 
• goods to which, or to the coverings of which, there is applied a representation of the  arms,  
a flag or a seal of a State or Territory of the Commonwealth or a representation so  nearly  
resembling the Arms, a flag or a seal of a State or Territory of the Commonwealth as to  be 
likely to deceive;  and 
• goods to which, or to the coverings of which, there is applied a representation of the  Royal 
Arms or a representation so nearly resembling the Royal Arms as to be likely to  deceive.  
 
3. The syst em applies to the importation of goods originating from all  countries.  
 
4. The PI Regulations are not intended to restrict the quantity or value of  imports.  
 
The importation of goods bearing the arms or having applied to them a representation of a flag  or 
seal of the Commonwealth  or a State  or Territory  was introduced  to act as a quality  control 
measure  to ensure  that representations  are realistic,  of good quality,  preserve  the dignity  and 
integrity of national symbols and do not breach other  legislation.  
 
5. The control  on the specified  goods  is a statutory  requirement  under  Regulation  4, Schedule  2 
(State and Territory flags, arms and seals; and the Royal Arms) and Schedule 3  (Commonwealth  
flags, arms and seals) of the PI Regulations made under the Customs Act  1901. 
 
For goods  to which,  or to the coverings  of which,  there  is applied  a representation  of the arms,  a 
flag or a seal of a State  or Territory  of the Commonwealth,  the Minister  for Home Affairs 
requires the prior approval of the relevant State/Territory Protocol section  before  an import 
permission will be  issued.  
 
For goods to which, or to the coverings of which, there is applied a representation of the arms,  a 
flag or a seal of the Commonwealth  only the approval  of the design  by the Department  of Prime  G/LIC/N/3/AUS/13  
 
- 23 - 
 
  Minister and Cabinet is required to import the goods. Importers must produce a copy of  the approval 
to the Collection if  requested.  
 
The control cannot be abolished witho ut legislative  approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) Applications should be made in advance of the importation of the goods and it  is recommended 
that the design be approved prior to the mass production of  goods.  
 
(b) Permissions cannot be granted immediately on  request.  
 
(c) Permits may be issued throughout the  year. 
 
(d) Designs must be approved by the Department of Prime Minister and Cabinet or the  relevant 
State/Territory  protocol  section  and for goods  listed  in Schedule  2, permission  to import 
obtained  from the Minister  for Home Affairs,  or an authorised  person.  
 
8.  Apart from statutory or ordinary requirements, the only other criteria for refusal is if the  design  
has not been approved  by the relevant  authority.  Reasons  for refusal  are given  to applicants.  
Applicants  refused  permission  to import  may appeal  on the decision -making  process  under  the 
Administrative Decisions (Judicial Review) Act  1977.  
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) All persons, firms and institutions are eligible to apply for permission to  import.  
 
Documentation and other requirements for application for licence  
10.  Applications  for permission  to import  goods  having  a representation  of the arms,  a flag or a 
seal of the Commonwealth should  include:  
• the importer’s name and  address;  
• a description of the goods;  and 
• a copy of the  design.  
 
11. Applications  for permission  to import  goods  having  a representation  of State  and Territory  
flags, arms or seals should  include:  
 
• the importer’s name and address;  
• a description of the goods;  and 
• design approval from the Premier’s or Chief Ministers department in the relevant state  or 
territory.  
 
12. In the case of goods bearing a representation of the a rms, a flag or a seal of  the Commonwealth 
if the collector asks the importer to produce the design approval issued  by Secretary to the 
Department of the Prime Minister and Cabinet approval, the importer  must produce it.  
 
In the case of goods bearing a representation of the arms, a flag or a seal of a State or Territory  of 
the Commonwealth  or a representation  of the Royal  Arms the permission  from the Minister  for 
Home Affairs or authorised person is required to be produced  upon importation.  
 
13. There is  no licensing fee or administrative  charge.  
 
Conditions of licensing  
14. There is no deposit or advance payment requirement associated with the issue of  licenses.  
 G/LIC/N/3/AUS/13  
 
- 24 - 
 
  15. Import  permissions  are not subject  to a validity  period.  In the case of goods  bearing  a 
representation of the arms, a flag or a seal of the Commonwealth, the design approval provided  by 
the Department  of the Prime  Minister  and Cabinet  covers  multiple  consignments  for a period  of 
12 months. At the expiration of the 12 -month period a new approval will need to be  sought.  
 
16. There is no penalty for the non -utilisation of a permission or a portion of a  permission.  
 
17. Permits/licences are not transferable between  importers.  
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
11  GENETICALLY  MODIFIED ORGANISMS  
Outline of System  
1. The Gene Technology Act 2000  (GT Act), the Gene Technology Regulations 2001 (GT Regulations) 
and corresponding state and territory laws provide a nationally consistent system to regulate work  
(dealings) with genetically modified organisms (GMOs) in Australia.  This includes the creation or 
import, transport, disposal, growth and propagation of GMOs.  
 
A number of other Australian government regulators also oversee work with GMOs, depending on 
the use of the GMO.  These regulators include:  
 
• Australian Pesticides and Veterinary Medicines Authority  (APVMA) cover agricultural 
chemicals and veterinary products, including those produced in, or used on, genetical ly 
modified (GM) crops and live GM veterinary products.  
• Department of Agriculture regulate the import and quarantine of all animal, plant and 
biological products that could pose a risk if they were imported.  
• Food Standards Australia New Zealand (FSANZ) cover food issues, including labelling and 
mandatory pre -market safety assessments for GM foods.  
• Therapeutic Goods Administration (TGA) regulate all therapeutics, including those which 
are GMOs (for example, live GM vaccines).  
Legislation governing the other organisations in the list above includes:  
 
• Australian Pesticides & Veterinary Medicines Autho rity: Agricultural & Veterinary Chemicals  
Code Act 1994  and Agricultural & Veterinary Chemicals (Administration) Act 1992  
• Department of Agriculture:  Biosecurity Act 2015 and Imported Food Control Act 1992  
• Food Standards Australia New Zealand: Food Standards Australia New Zealand Act 1991  
• Therapeutic Goods Administration: Therapeutic Goods Act 1989  
 
Purposes and coverage of licensing  
2. The Gene Technology Regulatory Scheme covers dealings with all live/viable GMOs as defined in 
the GT Act and modified by the GT Regulations. The scope of the gene technology legislation covers 
all aspects of GMOs, including commercial, research and development, and personal use of GMOs.  
   
3. All GMOs, whether created in Australia or imported are covered by the Gene Technology 
legislation.  
 
4. The gene technology legislation is not intended to restrict the quantity or value of imports but to 
manage the risks of working with GMOs. In administering the gene technology regulatory system, 
the Gene Technology Regulator (the GT Regulator), has specific re sponsibility to protect the health 
and safety of people, and to protect the environment, by identifying risks posed by or as a result of 
gene technology, and by managing those risks through regulating certain dealings with GMOs. The 
Gene Technology Regulat ory Scheme also implements Australia’s obligations under Article 8(g) the 
UN Convention on Biological Diversity.  
 G/LIC/N/3/AUS/13  
 
- 25 - 
 
  A voluntary system / industry self -regulation is not appropriate due to the level of public concern 
over the potential risks posed by GMOs. Ho wever, some work with specified categories of GMOs 
does not require licensing and can be carried out under a notification process with the appropriate 
institutional oversight (for example using GM cell lines to manufacture GM pharmaceutical products 
within  certified facilities).  
 
5. The nationally consistent legislative scheme for gene technology is comprised of the 
Commonwealth GT Act and GT Regulations, and corresponding State and Territory legislation.  
 
The scope and nature of gene technology regulation is specified in the GT Act.  Schedules contained 
within the GT Regulations further clarify the scope of the GT Act and specify the type of 
authorisations required for work with different categories of GMOs.  
 
The legislation was developed in consultation wi th all Australian jurisdictions and the scheme is 
supported by the inter -governmental Gene Technology Agreement  between the Australian 
Government and each State and Territory.  
 
It is not possible for the government or executive branch to abolish the systems without legislative 
approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) The National Gene Technology Scheme provides for a number of different kinds of 
authorisations dependent upon the nature of the GMO and the proposed use: 
http://www.ogtr.gov.au/internet/ogtr/publishing.nsf/Content/authorisation -for-gmos . 
 
In relation to commercial -scale import of GMOs, in most cases a licence would be required for 
commercial dealings with a GMO. If the GMO is imported for use within contained facilities 
(e.g. GM seed imported for immediate processing into non -viable produc ts) a licence for 
Dealings Not involving Intentional  Release  (DNIR ) into the environment may be required. 
DNIR licences carry a 90-working  day processing time and approval must be obtained prior to 
import.  
 
All other commercial dealings where the GMO is likely to be released into the environment 
would require a licence f or Dealings involving Intentional Release  (DIR). The GT Regulator 
must decide whether to issue a DIR licence within 255 working days.  
 
If the GT Regulator is satisfie d that a person has come into possession of a GMO inadvertently, 
the GT Regulator may, with the agreement of the person, treat the person as having made an 
Inadvertent Dealings application, or the person may apply for a licence themselves. The GT 
Regulator  may issue a temporary licence (no longer than 12 months) to the person for the 
purposes of disposing of the GMO in a manner which protects the health and safety of people 
and the environment.  
 
(b) The GT Act does not contain provisions for immediate licence approvals.  
 
(c) Licence applications can be made at any time of the year.  
 
(d) The Australian GT Regulator, supported by the Office of the Gene Technology Regulator, has 
sole responsibility for issuing licences for work with GMOs.  
 
Howeve r, separate approvals would be needed if the end use of the GMO is regulated by another 
agency, e.g. therapeutic or veterinary products, agricultural products, human food, etc. (see answer 
to question 1).  
 
Approval for import under the Biosecurity Act 2015 , from the Department of Agriculture may also 
be required.  
 
8. The GT Regulator must not issue the licence unless satisfied that:  
 G/LIC/N/3/AUS/13  
 
- 26 - 
 
  (i) any risks posed by the dealings proposed to be authorised by the licence are able to be 
managed in such a way as to prote ct: 
 - the health and safety of people; and  
  the environment; and that  
 
(ii) the applicant is a suitable person to hold the licence.  
 
The GT Regulator must inform the applicant of the reasons for their decision. A decision not to issue 
a licence, or to im pose a licence condition, is a reviewable decision under the GT Act, and the 
applicant may apply to the Administrative Appeals Tribunal  for review of the merits of the 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. Anyone can apply for a licence, however, the GT Regulator is required to consider  the suitability 
of the applicant to hold a licence. Section 58 of the GT Act provides information on applicant 
suitability.  
 
Documentation and other requirements for application for licence  
10. Application forms to work with GMOs can be found on the OGTR website at 
http://www.ogtr.gov.au/internet/ogtr/publishing.nsf/Content/apps -for-gmo. 
 
11. A copy of  each DIR licence is made available on the OGTR website at 
http://www.ogtr.gov.au/internet/ogtr/publishing.nsf/Content/ir -1. A copy of the licence should 
accompany all ship ments of GMOs unless the licence specifies otherwise.  
 
12. Currently no fees apply to applications for licences under the GT Act.  
 
13. Not applicable.  
 
Conditions of licensing  
14. The period of the licence will be determined on a case by case basis during the assessment of 
the application. Typically commercial licences do not have an expiry date.  
 
15. Licences permit, but do not require, persons to deal with the specified GMOs. All licence 
conditions must be followed when dealing with GMOs. It is a criminal  offence to knowingly breach 
the conditions of a licence.  
 
16. Section 70 of the GT Act allows for the transfer of a licence. A 90 -working day assessment period 
applies to applications to transfer a licence. When deciding whether to transfer a licence, the  GT 
Regulator must consider the suitability of the receiving applicant to hold the licence.  
 
17. Division 6 of part 5 of the GT Act contains information on conditions that may apply to a licence. 
This includes (but is not limited to):  
 
(i) the scope of the  dealings authorised by the licence;  
(ii) the purposes for which the dealings may be undertaken;  
(iii) variations to the scope or purposes of the dealings;  
(iv) documentation and record -keeping requirements;  
(v) the required level of containment in respect  of the dealings, including requirements relating 
to the certification of facilities to specified containment levels;  
(vi) waste disposal requirements;  
(vii) measures to manage risks posed to the health and safety of people, or to the environment;  
(viii) data collection, including studies to be conducted;  
(ix) auditing and reporting;  
(x) actions to be taken in case of the release of a GMO from a contained environment;  
(xi) the geographic area in which the dealings authorised by the licence may occur;  G/LIC/N/3/AUS/13  
 
- 27 - 
 
  (xii) requiring compliance with a code of practice issued under section 24, or a technical or 
procedural guideline issued under section 27;  
(xiii) supervision by, and monitoring by, Institutional Biosafety Committees;  
(xiv) contingency planning in respect of unintended effects of the dealings authorised by the 
licence;  
(xv) limiting the dissemination or persistence of the GMO or its genetic material in the 
environment;  
(xvi) requiring the licence holder to inform people of licence requirements;  
(xvii)  requiring the licence holder to provide the GT Regulator with relevant information; and  
(xviii)  allowing the GT Regulator to monitor dealings with GMOs.  
 
Other procedural requirements  
18. Not applicable.  
 
19. Not applicable.  
 
12  HAZARDOUS GOODS  
Outline of System  
1. For health and safety reasons, the importation of goods deemed to be hazardous is  prohibited 
under  the Customs  Act 1901, the Customs  (Prohibited  Imports)  Regulations  1956 (PI Regulations)  
and the Competition  and Consumer  Act 2010. Only the responsible  Minister  or an authorised  
person can grant permission to import banned  goods.  
 
Purposes and coverage of licensing  
2. Goods covered under these Acts  include:  
 
Goods  listed  under  Schedule  2 in relation  to Regulation  4 of the PI Regulations:  
• Cosme tic products containing more than 250 mg/kg of lead or lead compounds (calculated 
as lead), except products containing more than 250mg/kg of lead acetate designed for use 
in hair treatments.  
• Erasers that resemble food in scent or appearance, that contain m ore than:  
(a) 90 mg/kg of lead;  or 
(b) 25 mg/kg of arsenic;  or 
(c)  60 mg/kg of antinomy; or  
(d) 75 mg/kg of cadmium; or  
(e)  500mg/kg of selenium; or  
(f) 60 mg/kg of mercury; or  
(g) 60 mg/kg of chromium; or  
(h) 1000mg/kg of barium.  
  
• Money  boxes coated with a material that contains more than 90 mg/kg of  lead. 
 
• Toys coated with a material the non -volatile content of which contains more than:  
(a) 90 mg/kg of lead; or  
(b) 25 mg/kg of arsenic; or  
(c)  60 mg/kg of antinomy; or  
(d) 75 mg/kg of ca dmium; or  
(e)  500mg/kg of selenium; or  
(f) 60 mg/kg of mercury; or  
(g) 60 mg/kg of chromium; or  
(h) 1000mg/kg of barium.  
 
• Pencils or paint brushes coated with a material the non -volatile content of which contains 
more than:  
(a) 90 mg/kg of lead; or  
(b) 25 mg/kg of arsenic; or  
(c)  60 mg/kg of antinomy; or  
(d) 75 mg/kg of cadmium; or  G/LIC/N/3/AUS/13  
 
- 28 - 
 
  (e)  500mg/kg of selenium; or  
(f) 60 mg/kg of mercury; or  
(g) 60 mg/kg of chromium; or  
(h) 1000mg/kg of barium.  
 
Goods  listed  under  Schedule  7 in relation  to Regulation  4E of the PI Regulations:  
 
• Glazed ceramic articles normally used for or in connexion with the storage or  
consumption  of food containing  lead or cadmium  in an amount  per volume  beyond  
permissible  levels  specified in schedule 7 of the PI  Regulations.  
 
Goods listed in Regulation 4S of the PI  Regulations:  
 
• Certain cigarette  lighters.  
 
Goods  listed  under  Schedule  12 in relation  to Regulation  4U of the PI Regulations:  
 
• Glucomannan in tablet  form.  
• Seat belt accessories and similar goods designed to induce and maintain slack in  retractor  
seat beats.  
• Sun visors that do not comply with Australian Design Rule No.  11. 
• Victim  toys. 
• Chewing  tobacco  and snuffs  intended  for oral use, imported  in amount  greater  than 
1.5 kilograms.  
• Underwater  breathing  apparatus  consisting  of an air pump,  powered  by the user’s  
legs, that supplies air drawn down from the water’s surface in a compressed state 
dependent  on the user’s  effort.  
• Devices  that enable  a water  skier to be released  quickly  in the event  of a mishap  in 
the water.  
• Candles  with wicks  that contain  greater  than 0.06%  lead by weight  and candle  
wicks  containing greater than 0.06% lead by  weight.  
• Jelly confectionery product containing ‘konjac’ (also known as glucomannan,  conjac, 
konnyaku,  konjonac,  taro powder  and yam flour)  and supplied  in a container  that has 
a height or width of less than or equal to  45mm.  
 
3. The regulations apply to the importation of goods from all  countries.  
 
4. The PI Regulations are not intended to restrict the quantity or value of imports. The  importation  
of these  goods  is regulated  due to safety  concerns  for people  and animals  if the goods  are used 
inappropriately.  
 
5. The control  on importation  of the specified  goods  is a statutory  requirement  under  the PI 
Regulations made under the Customs Act 1901 . The system cannot be abolished without legislative  
approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) 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) Permission to import is granted by the responsible Minister or an authorised  person.  
 
(c) There are no such  limitations.  
 
(d) Permission to import is granted by the responsible Minister or an authorised  person.  
 
Importers may be required to provide written confirmation from an analytical laboratory  recognised 
by the National Association of Testing Authorities Australia (NATA), or  a NATA  accredited  authority,  
that their goods  comply  with the requirements  of the regulations.  G/LIC/N/3/AUS/13  
 
- 29 - 
 
  8.  Apart from statutory or ordinary requirements there are no other criteria. Reasons for refusal  
are given to applicants. In certain circumstances applicants refused permission to import may appeal  
on the merits of the decision to the Administrative Appeals Tribunal.  Alternatively, an appeal may  
be made on the decision -making process itself under the Administrative Decisions (Judicial Review) 
Act 1977. 
 
Eligibility of importers to apply for licence  
9. (a) Not applicable.  
 
(b) All persons, firms and institutions are eligible to  apply.  
 
Documentation and other requirements for application for licence  
10. Applications for permission to import must be made to the responsible Minister or  authorised 
person. The application must include the following  inform ation:  
 
• Importer’s name and address;  
• Details of the goods to be imported, including quantity to be imported and intended use 
and distribution . 
 
11. The original  permission  from the responsible  Minister  or authorised  person  is required  to be 
produced upon  importation.  
 
Alternatively, for the importation of lighters under Regulation 4S of the PI Regulations,  the importer  
may complete  a statutory  declaration  stating  that a certificate  of compliance  has been issued and 
produce that statutory decl aration to the responsible customs  administration.  
 
12. There is no licensing fee or administrative  charge.  
 
13. There is no deposit or advance payment requirement associated with the issue of  licenses.  
 
Conditions of licensing  
14. The responsible Minister or authorised person may specify a time period for the validity of  the 
permission.  
 
15. There is no penalty for the non -utilisation of a license or a portion of a  license.  
 
16. Permits/licences are not transferable between  importers.  
 
17. (a) Not applicable.  
 
(b) Permission to import goods specified under Regulations 4, 4E, 4S and 4U of the PI Regulations 
may be subject to conditions regarding custody, use, disposal or distribution  of the imported  
goods.  
   
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
13  HAZARDOUS WASTE  
Outline of System  
1.  The import, export and transit of hazardous waste is regulated under the Hazardous  Waste  
(Regulation of Exports and Imports) Act 1989 (the Act) and associated regulations, to ensure  that 
hazardous  waste  is managed  in an environmentally  sound  manner  to protect  human  beings  and 
the environment, within and outside  Australia.  
 G/LIC/N/3/AUS/13  
 
- 30 - 
 
  The regulatory  framework  implements  Australia's  obligations  under  the Basel  Convention  for the 
Control of Trans -boundary Movements of Hazardous Waste and their Disposal (Basel  Convention),  
as well as the following  related  agreements  and arrangements  concerning  the transboundary  
movement of hazardous and other  waste:  
 
• the Organisation for Economic Co -operation and Development (OECD) Council 
Decision  C(2001) 107 FINAL, as amended by C(2004)20;  
• the Waigani Convention (Convention to Ban the Importation into Forum Island Countries 
of Hazardous and Radioactive Wastes and to Control the Transboundary Moveme nt and 
Management of Hazardous Wastes within the South Pacific Region); and  
• a bilateral  arrangement between Australia and the United Nations  Transitional 
Administration in East  Timor.  
 
Purposes and coverage of licensing  
2. The Act and regulations  establish  a permit  control  system  for the export  from,  import  into, or 
transit  through,  Australia  of hazardous  and other  wastes,  which  are determined  by category  and 
characteristics  listed  in the schedules  of the Basel  Convention,  Waigani  Convention,  and OECD  
Council  Decision.  
 
3. The permit system applies to all transboundary movements of hazardous and other wastes  
between countries that are a party to the Basel Convention or the Waigani Convention, or  member  
countries of the  OECD,  or imports from East Timor to Australia.  
 
4. The Act and regulations are not intended to restrict the quantity or value of  imports.  
 
The permit system ensures that Australia's international obligations concerning the  transboundary  
movement,  for environmentally  sound  and safe management  of hazardous  and other  waste,  are 
upheld.  
 
To that effect,  the Basel  Convention  provides  that trans boundary  movements  of hazardous  and 
other  wastes  is to be reduced  to the minimum  consistent  with the environmentally  sound  and 
efficient management of such  wastes.  
 
Complementary to this, the OECD Council Decision controls the transboundary movements  of 
hazardous  and other  wastes  destined  for recycling  and/or  recovery  operations  between  OECD  
members in vi ew of member countries having established  infrastructure.  
 
Australia’s agreement with East Timor allows the import of hazardous waste from East Timor to 
Australia following similar procedures to that established under the Basel Convention.  
 
5. The law under which the permitting system is maintained is the Hazardous Waste (Regulation  of 
Exports and Imports) Act 1989 and associated regulations. Permitting is a statutory  requirement for 
the import, export and transit of any hazardous waste listed i n schedules to the  Basel  Convention, 
Waigani Convention, or the OECD Council Decision. It is not possible to abolish  the system without 
legislative  approval.  
 
Procedures  
6. Not applicable.  
 
7. (a)  The Act and regulations  require  that a permit  be obtained  before  hazardous  waste  is 
exported from, imported into, or transited through, Australia. All applications are  assessed  
according  to the relevant  sections  of the Act or regulations,  and on a case by case basis.  
The timeframes  in the Act and regulations  reflect  the timeframes  provided  for in the 
treaties on hazardous waste to which Australia is a  party.  
 
(b) No. Permits  are issued  only after authorisation  by the Minister  for the Environment  and 
Energy  or their delegate,  with a requirement  for determination  of the justification  for 
import and the fitness of the processing organisation to treat the material in an 
environmentally sound manner.  
 G/LIC/N/3/AUS/13  
 
- 31 - 
 
  (c) No. 
 
(d) Consideration of a permit application is undertaken by the Department of th e Environment 
and Energy. 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), Therapeutic Goods Administration or  the appropriate State or Territory 
environment  agency.  
 
8. A permit  application  may be refused  on various  grounds  under  the Act and regulations,  for 
example if the Minister considers that it would not be in the public interest to grant the  permit.  
 
There are also requirements on all countries through which the proposed movement of  hazardous  
waste is to be transported, to control the transboundary movement of hazardous waste.  Refusal  to 
accept  the movement  by any such country  will result  in the country  of export  being  refused  a 
permit.  
 
A statement of reasons for the Minister or their delegate’s refusal of a permit is giv en to applicants.  
Applicants  refused  permission  to exports  may appeal  to the Administrative  Appeals Tribunal  on 
the merits  of the decision.  Alternatively,  an appeal  may be made  on the decision - making process 
itself under the Administrative Decisions (Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) Any person, firm or institution may apply for a  permit.  
 
Documentation and other requirements for application for licence  
10.  As with all applications,  the decision  of the Minister  or their delegate  will be based  on 
information provided as required under the Act or relevant  regulations.  
 
Amongst  other  things,  the Minister  will consider  whether  the proposed  manner  for dealing  with 
the hazardous waste is environmentally sound, , the applicant is a suitable person to be granted  a 
permit and has appropriate  insurance.  
 
The form that is required to be used when applying for an import, export or transit permit may  be 
accessed here:  http://www.environment.gov.au/protection/hazardous -waste/applying -permit . 
 
In general information required in the permit application  includes:  
 
• the identity  and suitability  of the applicant,  including  applicant's  name  and address  and 
financial  situation;  
• a description of the material to be  imported;  
• the method of transportation, ports of entry for importation;  and 
• the method of disposal of the  waste.  
 
More details of what the Minist er will give consideration to as part of an application process can  be 
found at:  https://www.comlaw.gov.au/Series/C2004A03937  
 
Additional  documentation  required  with the application  includes  verification  that the disposal  is 
environmentally  sound  and safe, the capability  of the processors  to treat the material,  and proof 
that appropriate insurances and contracts have been  obtained/arranged.  
 
11. The import permit and a completed Movement/Tracking Form are  required.  
 
12. The application fees and levy that apply to the lodgement of permit applications, as at 
1 July 2017, are outlined in the below schedule of fees and can also be accessed  in the Hazardous  
Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 . All permit application fess 
(including the levy) are non -refundable.  
 G/LIC/N/3/AUS/13  
 
- 32 - 
 
  Application type  Fee (AUD)  Levy (AUD)  Total  
1 Transit permit  $5,225  $4,616  $9,841  
2 Import permit  $7,088  $4,616  $11,704  
3 Export permit —for operations which may lead to 
resource recovery, recycling, reclamation, direct 
re-use or alternative uses (within the meaning of 
the Basel Convention)  $12,667  $4,616  $17,283  
4 Export permit —for operations other than those 
which may lead to reso urce recovery, recycling, 
reclamation, direct re -use or alternative uses 
(within the meaning of the Basel Convention)  $35,035  $4,616  $39,651  
5 Transit permit —variation  $2,244  n/a $2,244  
6 Import permit —variation  $2,616  n/a $2,616  
7 Export permit —variation of export permit 
granted for operations which may lead to resource 
recovery, recycling, reclamation, direct re -use or 
alternative uses (within the meaning of the Basel 
Convention)  $5,970  n/a $5,970  
8 Export permit —variation of export perm it 
granted for operations other than those which may 
lead to resource recovery, recycling, reclamation, 
direct re -use or alternative uses (within the 
meaning of the Basel Convention)  $14,913  n/a $14,913  
Notes:  
• Source: Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.  
• The Minister may determine in writing that the prescribed fee payable in relation to a specified 
application or a specified notice is reduced by a specified amount.  
• From 1 July 2018, the appl ication fees and levy is indexed annually according to the CPI. This is the 
final stage of a two -stage process to move to full cost recovery for hazardous waste permits. The 
first stage was implemented on 1 July 2016 and increased permit application fees t o achieve an 
estimated 33 percent cost recovery.  
13. There is no requirement for an advance payment, as the relevant fee must be paid at the  time 
of making  a permit  application.  Full payment  of the fee is required  (unless  the Minister  has 
determined  in writing  that the prescribed  fee payable  in relation  to a specified  application  or a 
specified notice is reduced by a specified amount) - The fee is not  refundable.  
 
Conditions of licensing  
14.  Under the Basel Convention, the import permit is valid for a period of up to twelve months  and 
covers the amount and number of shipments of the hazardous waste as noted in the  application.  
The OECD  Council  Decision  allows  the period  for permits  up to 36 months  for pre-authorised  
facilities.  
 
15.  There is no penalty for the non -utilisation of an import permit or a portion of that  permit.  
 
16.  Permits/licences are not transferable between  importers.  
 
17. (a) Not applicable.  
 
(b)  All applications must identify the maximum amount of the hazardous wastes that  is intended 
to be covered by the permit. The maximum amount that is then specified in  that permit cannot 
be exceeded. In addition, the applicant is provided with conditions that  form part of the permit 
that usually 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. The permit applicant is responsible for ensuring they have obtained all relevant  approvals 
and licenses.  
 
19.  Not applicable.  
 G/LIC/N/3/AUS/13  
 
- 33 - 
 
  14  ICE PIPES  
Outline of System  
1. The importation  of Ice Pipes is prohibited  under  provisions  of the Customs Act 1901  and the 
Customs (Prohibited Imports) Regulations 1956 (PI Regulations) unless the permission of  the Minister 
for Home Affairs, or an authorised person, has been  obtained.  
 
Purposes and coverage of licensing  
2. Ice Pipes are defined  as a device  that is capable  of being  used for administering 
methylamphetamine,  or any other  drug mentioned  in Schedule  4, by the drawing  or inhaling  of 
smoke  or fumes  resulting  from heating  the drug,  in the device,  in a crystal,  powder,  oil or base 
form.  Components  are also controlled  and these  are defined  as a device  which  appears,  on 
reasonable  grounds,  to be part of an ice pipe; and is capable  of being  used for administering  a 
drug mentioned in Schedule 4, in the way described in the definition of ice pipe, only if  adjusted,  
modified or added  to. 
 
3. The system applies to the importation of goods originating from all  countries.  
 
4. The PI Regulations are not intended to restrict the quantity or volume of imports. A permit  can 
specify  conditions  or requirements  including  times  for compliance  and the number  of Ice Pipes  
allowed to be imported. The Minister or an authorised person has the power to revoke  permission  
where the holder does not comply with a condition or  requirement.  
 
The control on ice pipes has been introduced as a result of the Australian  Government’s commitment 
to reduce the abuse of illicit drugs. Amphetamine Type Stimulants (ATS) have  been identified by 
the Australian Criminal Intelligence Commission as an organi sed crime  priority  for the Australian  
Government.  While  ATS can be administered  in a range  of ways,  smoking  its crystalline  form 
(known  as ice) is particularly  dangerous,  due to high drug purity  levels, which can result in 
serious physical and emotional  harm.  
 
5. The control  on the specified  goods  is a statutory  requirement  under  Regulation  4I of the PI 
Regulations made under the Customs Act 1901. The control cannot be abolished without legislative  
approval.  
 
Procedures  
6. Not applicable.  
 
7. Where there is no quantitative limit on importation of a product or on imports from a  particular  
country:  
 
(a)  Application should be made in advance of arrival of the  goods.  
 
(b) Applications for permission to import can be processed immediately provided  all information  
is available and the application is considered to be  urgent.  
 
(c) Permits may be issued at any period of the  year. 
 
(d) Permissions are granted by the Minister for Home Affairs or an authorised person.  
 
8. Application for permission to imp ort can be refused at the discretion of the relevant Minister  or 
authorised person. Reasons for refusal are given to applicants. Applicants refused permission  to 
import  may appeal  on the decision -making  process  under  the Administrative  Decisions  (Judicial 
Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to apply. However, permission will not be  granted 
for personal  use. 
 G/LIC/N/3/AUS/13  
 
- 34 - 
 
  Documentation and other requirements for application for lic ence  
10. Applications must be made in writing to the Minister for Home Affairs  or an authorised  person.  
The application  should  include  supporting  documentation  to possess  the goods and/or any relevant 
end user evidential  documentation.  
 
11. The original permission from the Minister or authorised person is required upon  importation.  
 
12. There is no permit  fee. 
 
13. There is no deposit or advance payment requirement associated with the issue of  permission.  
 
Conditions of licensing  
14. The Minister may specify a time period for the validity of the  permission.  
 
15. There is no penalty for the non -utilisation of a permission or a portion of a  permission.  
 
16. Permits/licenses are not transferable between  importers.  
 
17. Conditions may be imposed on the permission and quantities are  specified.  
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
15  IMPORTS TO ANTARCTICA  
Outline of System  
1.  Under the Antarctic Treaty (Environment Protection) Act 1980 as amended, and in line with  the 
requirements of the Protocol on Environmental Protection to the Antarctic Treaty (the Madrid 
Protocol),  persons  are not permitted  to import  certain  items  into Antarctica.  This legislation  
applies  to Australian  nationals  for all areas  south  of 60° south  and for foreign  nationals  to the 
Australian Antarctic Territory  only. 
 
Purposes and coverage of licensing  
2.  The import licensing system is implemented via the Antarctic Treaty (Environment  Protection) 
Act 1980 . It provides:  
 
• that a person  shall not bring into the Antarctic  an organism  that is not indigenous  to the 
Antarctic  unless  the organism  (not being  a live animal)  was brought  into the Antarctic  to 
be used as food. None of these items may be brought into Antarctica unless authorised by 
a permit  (s19(1)(c));  
• if a person brings an organism into the Antarctic for use as food the person must put controls 
in place to ensure that the organism does not escape into the Antarctic environment;  
• a person who brings into the Antarctic poultry or any ot her bird product that is to be used 
as food must ensure it is not contaminated with disease;  
• that a person shall not bring into, or keep in, the Antarctic non -sterile soil,  or polychlorinated 
biphenyls, or polystyrene beads or chips or any similar kind of  packaging material 
(s19(1)(ca));  and, 
• that a person shall not bring into, or keep in, the Antarctic any pesticide unless  for scientific, 
medical or hygienic purposes  (s19(1)(cb)).  
 
3. The system applies to goods from all  countries.  
 G/LIC/N/3/AUS/13  
 
- 35 - 
 
  4. The above restrictions have been put in place to implement the Madrid Protocol. The  objective  of 
the Madrid Protocol is the comprehensive protection of the Antarctic environment and  its dependent 
and associated  ecosystems.  
 
The Antarctic Treaty (Environment Protection) Act 1980 is not intended to restrict the quantity  or 
value of  imports.  
 
5. The Antarctic Treaty (Environment Protection) Act 1980 may not be repealed without  legislative  
approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) Proponents are encouraged to submit permit applications as far in advance of their  intended 
activity as practicable. Proponents should allow a minimum of two months for the assessment 
of a permit application.  
 
(b) Permits  cannot  be granted  immediatel y upon request.  The permit -holder  must obtain  a 
permit prior to their arrival in Antarctica. Permits cannot be issued  retrospectively.  
 
(c) Permit applications may be lodged at any time of the  year. 
 
(d) Permit applications are assessed by one organisation – i.e. the Australian Antarctic  Division  
(AAD)  of the Commonwealth  Department  of the Environment  and Energy.  Corresponding 
permits  are also prepared  by the AAD. Accordingly,  proponents  need only approach  one 
organisation.  
 
8.  An application  for a permit  will only be refused  if it does not meet the ordinary  criteria.  
Particulars  of refusals  to grant  permits  are provided  to the applicant  and those  particulars  are 
accompanied  by a statement  to the effect  that, subject  to the Administrative  Appeals  Tribunal 
Act 1975, application  may be made  to the Administrative  Appeals  Tribunal  for the review  of the 
merits  of a decision  to refuse  to grant  a permit  by or on behalf  of the person  or persons  whose  
interests  are affected  by the decision.  Alternatively,  an appeal  may be made  on the 
decision -making process itself under the Administrative Decisions (Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) All Australian  proponents  of Antarctic  activities  are eligible  to apply  for a permit.  No fee is 
charged.  
  
Documentation and other requirements for application for licence  
10.  The project proponent (in the case of research projects, the Chief Investigator) completes  an 
application form for a permit. The application should include the following  information:  
 
• name and address of  applicant;  
• research location and research  methodology;  
• any non -indigenous species being introduced to  Antarctica;  
• intended access to specially protected areas; sample specimens to be  extracted;  
• members of research team or field project;  and 
• organisation affiliated to research  project.  
 
Permits  are applied for online.  The process is described at:  
http://www.antarctica.gov.au/environment/environmental -impact -assessment -approvals -and- 
permits  
 
11. Inspectors appointed under the Act monitor actions to ensure they are undertaken  in accordance 
with the approved  permit.  
 G/LIC/N/3/AUS/13  
 
- 36 - 
 
  12. There is no fee or administrative  charge.  
 
13. Not applicable.  
 
Conditions of licensing  
14. A  permit’s  period  of validity  is dependent  on a project’s  planned  length.  A proponent  may 
apply to extend a permit’s period of  validity.  
 
15. There is no penalty for the non -utilisation of a permit or a portion of a  permit.  
 
16. Permits are not transferable. However, a permit may be varied  to: 
 
• include additional names;  and 
• omit existing  names.  
 
A person  to whom  a permit  has been granted  (a principal)  may authorise  other  persons  to 
accompany one or more of the principals to carry on activities authorised by the  permit.  
 
17. No.  
 
Other procedural requirements  
18.  There are no other administrative processes  required.  
 
19.  Not applicable.  
 
16  IMPORTS TO TERRITORY OF HEARD ISLANDS AND MCDONALD ISLANDS  
Outline of System  
1. The Territory of Heard Island and McDonald Islands is an external territory of Australia. The 
purpose  of the Territory  of Heard  Island  and McDonald  Islands  Environment  Protection  and 
Management Ordinance 1987 is the preservation and management of the Territory for the protection 
of its environment and  wildlife.  
 
Purposes and coverage of licensing  
2. The Territory of Heard Island and McDonald Islands Environment Protectio n and  Management 
Ordinance 1987  prohibits:  
 
• the importation of any diseased organism or live poultry into the Territory  (s13);  
• the importation of any organism, or any dead poultry or poultry products into the  Territory  
unless in accordance with a permit  (s14.1(b)).  
 
3. The system applies to goods from all countries (and from other parts of  Australia).  
 
4. The Territory of Heard Island and McDonald Islands Environment Protection and  Management 
Ordinance 1987  is not intended to restrict the quantity or value of  imports.  
 
5. The Territory  of Heard  Island  and McDonald  Islands  Environment  Protection  and Management 
Ordinance 1987  may not be repealed without legislative  approval.  
 
Procedures  
6. Not applicable.    
 
7. (a) Proponents are encouraged to submit permit applications as far in advance of  their intended 
activity as practicable. Proponents should allow four months for the  assessment of a permit  
application.  
 G/LIC/N/3/AUS/13  
 
- 37 - 
 
  (b) Permits  cannot  be granted  immediately  upon request.  The permit -holder  must obtain  a 
permit prior to their arrival in the Territory. Permits cannot be issued  retrospectively.  
 
(c) Permit applications may be lodged at any time of the  year. 
 
(d) Section 15(1)  permit  applications  are assessed  by a single  organisation  – i.e. the 
Australian  Antarctic Division (AAD) of the Commonwealth Department of the Environment  and 
Energy.  Corresponding  permits  are also prepared  by the AAD. Accordingly,  proponents  
need only approach one  organisation.  
 
8.  An application for a permit will be refused if it is inconsistent with the requirements of the  Heard  
Island  and McDonald  Islands  Marine  Reserve  Management  Plan 2014-2024, which  includes  the 
Territory.  The reasons  for refusals  are given  to the applicant  and the applicant  has a right of 
appeal. Particulars of refusals to grant permits are published in the Commonwealth  Government 
Gazette  and those  particulars  are accompanied  by a statement  to the effect  that, subject  to the 
Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative  Appeals 
Tribunal for the review of the merits of a decision to refuse to grant a permit by or on behalf of  the 
person  or persons  whose  interests  are affected  by the decision.  Alternatively,  an appeal  may be 
made  on the decision -making  process  itself under  the Administrative  Decisions  (Judicial  Review) 
Act 1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.    
 
(b) Any person is eligible to apply for a permit to import into the  Territory.  
   
Documentation 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;  and 
• organisation affiliated to research  project.  
 
11. Permit requirements and the application process are described at:  
http://heardisland.antarctica.gov.au/protection -and-management/management -plan/permits . 
Visitor  self-regulation  is an important  component  of the Territo ry’s environmental  management 
regime.  
 
12. No fees or administration charges are currently imposed. Section 15(6) does, however, provide  
for the imposition of a permit issue fee not exceeding  A$50.  
 
13. There is no deposit or advance payment requirement associated with the issue of  licenses.  
 
Conditions of licensing  
14.  A permit’s period of validity is dependent on the length of time that the applicant is  scheduled 
to stay in the Territory. A proponent may apply to extend a permit’s period of  validity.  
 
15.  There is no penalty for the non -utilisation of a license or a portion of a  license.  
 
16.  Permits are not transferable. However, a permit may be varied  to: 
 
• include additional names;  and 
• omit existing  names.  
 
17. No.  G/LIC/N/3/AUS/13  
 
- 38 - 
 
  Other procedural requ irements  
18. There are no other administrative processes  required.  
  
19. Not applicable.  
 
17  INCANDESCENT (FILAMENT) LAMPS  
Outline of System  
1. Import licensing is part of an overall policy to phase -out inefficient incandescent lighting  as part 
of Australia’s efforts to reduce energy consumption and greenhouse gas emissions.  The prohibition 
was brought into effect in advance of point of sale restrictions for these products.  Note that as no 
incandescent lighting of this type is manufactured in Austra lia this is an effective  means  of 
implementing  the phase -out. The Licensing  system  is administered  by the Residential Energy 
Efficiency Branch, Department of Environment and Energy,  (energyrating@environment.gov.au,  
Ph. 61 1800 770  161).  
  
Purposes and coverage of licensing  
2. The Customs (Prohibited Imports) Regulations 1956 (PI Regulations), Regulation 4VA relates  to the 
prohibi tion of certain incandescent lamps without written permission from the  Minister  responsible 
for the Department of the Environment and Energy or authorised  person.  
 
The licensing scheme covers inefficient GLS electric filament lamps as set out in  Australian  
Standard  4934.2(Int):2008 - Incandescent Lamps for General Lighting Services, Part 2:  Minimum 
Energy Performance Standards (MEPS)  Requirements.  
 
Incandescent General Lighting Service Lamps (GLS) have the following  attributes:  
 
• (a) Shapes:  A50-A65, PS50-PS65,  M50-M65, T50-T65 (as generally  outlined  in IEC 60630) 
 or E50-E65. 
• (b) Caps: E14, E26, E27, B15 or  B22d.  
• (c)  Nominal  voltage  ≥220  V. 
• (d) Nominal  wattage  <150  W. 
• (e) Not including primary coloured  lamps.  
 
Under the Combined Australian Customs Tariff Nomenclature and Statistical  Classification  
(incorpora ting the WCO’s Harmonized Commodity Description and Coding System) the  controlled 
goods are classified to 8539.22.00 statistical codes 32 and  33. 
 
The Standard specifies that it does not apply to appliance lamps, special purpose lamps  and 
automotive  lamps.  
 
3. The system applies to goods from all  countries.  
 
4. Permissions will only be granted in a limited number of circumstances – these have been  given  
in cases where effective and efficient lighting alternative lighting products are not available  for 
important applications such as aircraft navigation signal lighting.  The standards are not intended to 
restrict the quantity or value of  imports.  
 
5. Australian Customs Notice No. 2009/04 published in February  2009.  
 
https://www.abf.gov.au/help -and-support -subsite/CustomsNotices/2009 -04.pdf  
 
This system was put into place by virtue of regulations published on the Australian  Government’s 
Federal Register of Legislative Instruments website on 18 December 2008. The system took  effect 
on 1 February  2009.  
 
Procedures  
6. Not applicable.    G/LIC/N/3/AUS/13  
 
- 39 - 
 
  7.  Processing normally takes two to three  weeks.  
 
8.  No applications have been refused to date however an application for import that did  not provide  
evidence  of an essential  need for a prohibited  lamp;  and / or concerned  the import  of lamps for 
which an effective and efficient  alternative was available may be  refused.  
 
Eligibility of importers to apply for licence  
9. All persons are eligible to apply for  licenses.  
 
Documentation and other requirements for application for licence  
10. Not applicable.     
 
11. Applicants may contact the Department of the Environment and Energy in relation to a proposed  
import.  Applicants are asked to provide information regarding the products proposed to be imported,  
the intended use of the products and why this use cannot be satisfied by usin g other available  
lighting products. Applicants are also required to provide information on the quantity of products,  
number  of import events and duration. Permission is required from the Minister prior to  importation.  
 
12. No fees are  charged.  
 
13. No dep osit or advanced  payment.  
Conditions of licensing  
14. Licences  are not extended,  however  persons  are able to apply  for a further  permission  for a 
further  period.  
  
15. There is no penalty for non -utilization of a  license.  
 
16. Licences are intended for the applicant  only. 
 
17. Not applicable.  
 
Other procedural requirements  
18. As  part of the approval  importers  are instructed  that product  packaging  must include  the 
specification  “Not for Domestic  Use”.  A licence  number  is provided  for reference  in Customs 
procedures.  
 
19. There are no licence  fees. 
 
18  INDUSTRIAL CHEMICALS  
Outline of System  
1. The Office of Chemical Safety (OCS) within the Department of Health administers the statutory 
scheme known as the Australian Industrial Chemicals Introduction Sc heme (AICIS), established 
under the Industrial Chemicals Act 2019 (IC Act). AICIS aids in the protection of the Australian 
people and the environment through the regulation of the introduction of industrial chemicals, the 
assessment and evaluation of the i ntroduction and use of certain industrial chemicals and providing 
information and recommendations to promote their safe use. Industrial chemicals include a broad 
range of chemicals used in inks, plastics, adhesives, paints, glues, solvents, cosmetics, soap s and 
many other products. OCS assessments inform decisions made by a wide range of Commonwealth, 
State and Territory government agencies involved in regulating the control, use, release and disposal 
of industrial chemicals. AICIS administers the following  licensing systems under the IC Act:  
 
• Chemical assessments and authorisations – The import and/or manufacture of industrial 
chemicals is authorised under specific categories. Chemicals not listed on the Australian 
Inventory of Industrial Chemicals (Inven tory) may be introduced under Exempted (very low 
risk introductions), Reported (low risk) or Assessed (medium to high risk) categories. 
Introducers will have to first categorise the chemical they wish to introduce by determining G/LIC/N/3/AUS/13  
 
- 40 - 
 
  the indicative risk to huma n health and the environment.  Commercial importers and/or 
manufacturers (introducers) are required to apply for assessment of a medium to high risk 
chemical and upon completion an assessment certificate may be granted. Introducers are also 
required to app ly to vary the Inventory listing for an industrial chemical if their intended use 
differs from that specified in the listing. An introducer may apply for a commercial evaluation 
permit in order to evaluate the commercial viability of industrial chemicals.  
• Registration of introducers – establishes a Register of Industrial Chemical Introducers – A 
certificate of Registration authorises companies and persons to import industrial chemicals 
into Australia.   
• International conventions - is responsible for implementing the domestic obligations of the 
Rotterdam Convention for industrial chemicals. Australia’s import decisions for industrial 
chemicals listed in Annex III of the Convention reflects the current regulatory status of that 
chemical in Australia.  More information can be obtained from:  
https://www.industrialchemicals.gov.au/chemical_information/banned_restrict ed_chemicals/
conventions/pic/import .   
• Rotterdam Convention - The importation of polychlorinated biphenyls (PCBs), and other 
substances obtained by chlorinating terphenyls (PCTs) and other polyphenyls, is prohibited 
under the provisions of the Customs Act 1901 and Prohibited Import (PI) Regulations unless 
the permission in writing of the responsible Minister is granted and presented at the time of 
importation. The permission must be issued in the name of the owner. It may include strict 
conditions as to the  application, disposal and destruction of the industrial chemicals.  
 
Under the Industrial Chemicals (General) Rules 2019, the importation of chemicals listed in sections 
72 and 73 is prohibited without approval from the Executive Director, AICIS.  
 
Purposes and coverage of licensing  
2. Refer above for details of each licensing system and chemicals that are subject to each system 
under the IC Act.  
 
3. Chemical assessment and authorisation applies to the importation of industrial chemicals (as 
defined in the IC Act) from all countries.  
 
Registration of introducers applies to all Australian persons who introduce relevant industrial 
chemicals (as defined in the IC Act). Imports can be from all countries.  
 
International conventions – Rotterdam Convention a pplies to chemicals subject to the Convention 
originating in and coming from countries that are Parties to that Convention. AICIS also authorises 
chemicals imported from countries which are not a Party to the Convention, for example tetraethyl 
lead. 
 
4. The introduction of chemicals under specific categories allow for the proportionate consideration 
or the risk posed by the chemical to human health and the environment.  
 
Assessment certificate, commercial evaluation authorisation and application to vary an I nventory 
listing - the purpose of these processes is to ensure that no high risk chemicals not listed on the 
Inventory or that are listed under specified uses are introduced into Australia unless they have been 
assessed for risks to public health, occupati onal health and safety and the environment and the 
authority to import is granted by issuance of a certificate, authorisation or an update of the Inventory 
listing.  
 
Registration of introducers – registering all introducers is a legislative requirement un der the IC Act.  
Every person who introduces an industrial chemical in Australia must be registered. Non -compliance 
is an offence for which penalties apply. The reason for the introduction of AICIS registration is to 
achieve full cost -recovery of AICIS’s a ctivities.  
 
International conventions - the purpose of the Rotterdam Convention is to promote shared 
responsibility and cooperative efforts among Parties in the international trade of certain hazardous 
chemicals in order to protect human health and the en vironment from potential harm. Systems for 
chemicals covered by the Rotterdam Convention apply to goods originating in and coming from 
countries that are Parties to that Convention. AICIS also authorises chemicals imported from 
countries which are not a Pa rty to the Convention, for example tetraethyl lead. The licensing of G/LIC/N/3/AUS/13  
 
- 41 - 
 
  chemicals covered by the Rotterdam Convention is for the purpose of fulfilling Australia’s obligations 
under that Convention. The monetary value is not a criterion for control.  
 
Certain i ndustrial chemicals including polychlorinated biphenyls (PCBs), polychlorinated triphenyls 
(PCTs) and polychlorinated polyphenyls are all considered to be persistent organic pollutants. PCBs, 
PCTs and polychlorinated polyphenyls are used in electrical appl iances (such as transformers and 
capacitors), as coolants (often in light fittings), hydraulic fluids, plasticisers and dye carriers. The 
importation of PCBs, PCTs and polychlorinated polyphenyls is regulated as a community protection 
measure under the Sto ckholm Convention. These chemicals are considered to be highly toxic and 
virtually indestructible 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 plan are the phasing out, disposal and destruction of 
PCBs. The IC Act is not intended to restrict the quantity or value of imports.  
 
5. Chemical assessment and authorisation - the registration process and the control on the  
importation of other industrial chemicals are prescribed in the IC Act 2019 .  
 
Registration of introducers – the purpose of registering all introducers is a legislative requirement 
under the IC Act 2019. The risk from the importation of chemicals is borne  by industry in the form 
of a charge based on the value of relevant industrial chemical imported/manufactured.  
 
International conventions - the licensing of chemicals covered by the Rotterdam Convention is for 
the purpose of fulfilling Australia’s obligati ons under that Convention. The monetary value is not a 
criterion for control. The control on importation of PCBs, PCTs and polychlorinated polyphenyls is a 
statutory requirement under Regulation 4AB of the PI Regulations made under the Customs 
Act 1901.  
 
Procedures  
6. Not applicable.   
 
7. (a) Chemical assessment and authorisation – Required authorising instruments (e.g. assessment 
certificates) must be obtained before the chemical is introduced into Australia under the 
appropriate category for that chemical.   
 
Registration of introducer s – registration must be in place for companies and individuals before 
industrial chemicals are imported.   
 
International conventions – for the importation of polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphen yls application for a permit 
should be made in advance of the arrival of the goods.  
 
(b)  Chemical assessment and authorisation – assessment certificates are issued after an 
assessment is completed. Statutory timeframes apply to assessment applications, co mmercial 
evaluation authorisations and applications to vary an Inventory listing.   
 
Registration of introducers - immediately as long as criteria are met.  
 
International conventions – for the importation of polychlorinated biphenyls (PCBs), 
polychlorinate d triphenyls (PCTs) and polychlorinated polyphenyls permits cannot be issued 
immediately as they are only issued on the advice of the Department of the Environment and 
Energy.  
 
For the remaining chemicals listed on the Rotterdam Convention – within 10 busi ness days as 
long as criteria are met.  
 
(c) All licencing may be issued throughout the year.  
 
(d) International conventions – for the importation of polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls, a perm it is issued by the 
Minister for Home Affairs on the advice of the Department of the Environment and Energy. 
Permissions to import PCBs are normally granted by the Department of Home Affairs for G/LIC/N/3/AUS/13  
 
- 42 - 
 
  research purposes. However, PCB waste may also be imported un der the Hazardous Waste 
(Regulations of Exports and Imports) Act 1989, provided all the requirements of that Act have 
been met . 
 
For the remaining industrial chemicals listed on the Rotterdam Convention, written approvals are 
issued by AICIS.  
 
8. Internati onal conventions – for the importation of polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls an application for permission to 
import can be refused on the discretion of the Minister for Home Affairs or an au thorised person. 
There is no right of appeal against the Minister's decision. For the remaining chemicals listed in the 
Rotterdam Convention, approvals are issued by AICIS and there is no right of appeal against a 
decision by the Executive Director not to issue an approval. However, applicants may appeal on the 
decision -making process itself under the Administrative Decisions (Judicial Review) Act 1977.  
   
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) All persons, firms and institutions are eligible to apply for permission to  import provided 
statutory requirements outlined above are met.  
Documentation and other requirements for application for licence  
10. Chemical assessment and authorisation – a comprehensive list of documen tation and other 
requirements required for this process can be found on the AICIS website at 
https://www.industrialchemicals.gov.au/getting_ started/basics -importing -and-manufacturing -
chemicals .    
 
Registration of introducers – Registration information for companies and individuals that import or 
manufacture relevant industrial chemicals can be found at: 
https://www.industrialchemicals.gov.au/business/register -your-business -and-renew -your-
registration/how -register . 
 
International conventions – applications for permits to import polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls must be made in writing to the 
Minister for Home Affairs. The application should include the importer's name and address and details 
of the goods to be imported.  
 
Applications for permission to import PCBs and PCTs can be made using the form available at: 
https://www.abf.gov.au/form -listing/forms/1530.pdf .  
  
11. International conve ntions – for the importation of polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls, the written permission of the 
Minister for Home Affairs is required to be produced on import. For the remaining chemicals l isted 
in the Rotterdam Convention, authorisation from AICIS is required to be in force at the time of 
importing the chemical.  
 
12. A comprehensive list of all AICIS fees and charges can be found on the AICIS website at 
https://www.industrialchemicals.gov.au/fees .    
 
International conventions – There are fees for import approvals for chemicals listed in the Rotterdam 
Convention under the IC Act. The fees and charges are available at: 
https://www.industrialchemicals.gov.au/fees .    
 
13. There is no deposit or advance payment requirement associated with the issue of licences.  
 
Conditions of licensing  
14. Registration of introducers - AICIS Re gistration is valid for one year commencing on 1 September 
and finishing on 31 August.  
 G/LIC/N/3/AUS/13  
 
- 43 - 
 
  International conventions - Rotterdam Permits (granted by the Minister for Home Affairs or an 
authorised person) apply to one consignment only.   
 
15.  There is no pena lty for the non -utilisation of a licence or a portion of a licence under the IC Act.  
 
16. Registration of introducers - permits/licences are not transferable between importers.  
 
17.  All authorisations to import the chemicals listed in the Rotterdam Convention can be subject to 
conditions including the quantity. Permission granted under Re gulation 4AB of the PI Regulations 
may specify conditions or requirements to be complied with by the holder of the permission.  
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
19  MOTOR VEHICLES  
Outline of System  
1. Importation  into Australia  of new and used road motor  vehicles  is controlled  under  the Motor  
Vehicle Standards Act 1989 (MVSA) and the Motor Vehicle Standards Regulations 1989  and 
Determinations. Anticipated to commence by 1 July 2021, the Road Vehicle Standards Act 2018 and 
the Road V ehicle Standards Rules 2019 and Determinations will control the future importation into 
Australia and provision of new and used road motor vehicles.    
 
Purposes and coverage of licensing  
2. Approvals are required for all road motor vehicles imported into  Australia.  
  
3.  The Motor Vehicle Standards Act 1989 (the Act), the Motor Vehicle Standards Regulations  1989 
(The Regulations), Determinations and Australian Design Rules (ADR), apply to the importation  of 
all new and used road vehicles from all  countries.  
 
4.  Importation of new and used vehicles that do not meet relevant ADRs is restricted and subject 
to controls to ensure that Australian safety and environmental standards are not  compromised.  
 
The Department  of Infrastructure,  Transport, Region al Development and Communications 
administers  the Act  and applies  national  standards  for new and some used road motor vehicles.  
In practical  terms,  these  standards  deliver  levels  of vehicle  safety and environmental performance 
that are generally expected by the Australian  community.  The standards are recognised as 
contributing towards safer roads and cleaner  air. 
 
Under  the Act and the Regulations,  several  concessional  arrangements  also exist to allow the 
limited importation of used vehicles that may not meet all of the Australian Design Rules  (ADRs).  
These  options  are outlined  on the Department  of Infrastructure,  Regional  Development and 
Cities’ website, at:  https://www.infrastructure.gov.au/vehicles/imports/ . 
 
In addition to these concessional options, the Registered Automotive Workshop Scheme (RAWS)  is 
the primary mechanism for the import o f used vehicles that are specialist and enthusiast in  nature.  
A general  introduction  to the scheme  is available  from the Department  of Infrastructure, 
Regional Development and Cities’ website at  http://raws.dotars.gov.au/index.htm . 
 
5. Legislative requirements are set out in the Act and the Regulations and  associated 
Determinations.  Controls  on the import  of vehicles  are statutory  requirements  and cannot  be 
abolished without legislative  approval.  
 
Procedures  
6. I.  As identified  above,  information  about  the requirements  and procedures  for applying  for a 
vehicle import approval is published on the Department’s  website: G/LIC/N/3/AUS/13  
 
- 44 - 
 
  https://www.infrastructure.gov.au/vehicles/imports/  or can be supplied to applicants  upon 
request to the Department of Infrastructure, Transport, Regional Development and 
Communications. Attention is  also drawn  to the requirements  for approvals  through  other  
government  agencies,  such as the Department of Home Affairs. Information is also readily 
available from shipping and customs agents and  Australian  diplomatic posts around the  world.  
 
II. Restrictions are applied to individuals importing used road vehicles in commercial  quantities  
through the Registered Automotive Workshop Scheme (RAWS). There is no limit on  the 
number of individuals that may be licensed; the only restriction is on the individual  importer.  
The current licence period for a Registered Automotive Workshop (RAW) is two  years.  
 
Returning Australian citizens and migrants arriving in Australia to remain permanently  may 
import  their vehicle  if they comply  with the requiremen ts set out in regulation  13 of the 
Motor Vehicle Standards Regulations 1989. There is a restriction of one vehicle every  five 
years  to eligible  persons.  There  are no restrictions  on the importation  of vehicles  that 
comply with Australian Design Rules (i.e. that are ‘standard’  vehicles).  
 
III. Import approvals are not dependent on whether an applicant is a domestic producer of  like 
goods. Approvals are issued on the basis of prescribed circumstances set out in  the 
Regulations.  There  is no follow -up action  taken  if a vehicle  is not imported  following  the 
issue of an import  approval.  
 
The names of individuals who have been issued with import approvals are not  made  available 
to governments and export promotion bodies of exporting countries upo n request.  This 
information  is subject  to Australian  information  privacy  legislation  and can only be 
released if information privacy requirements are  met. 
 
IV. Not applicable.  
 
V. Applications are usually assessed within 20 business days. However, this processing time  will 
be longer if the submitted application is incomplete or all relevant  supporting documentation 
is not  provided.  
 
VI. Not applicable.  
 
VII. Under  the requirements  set out in regulation  13 of the Regulations,  imports  of previously  
owned vehicles are restricted to Australian citizens or permanent migrants. Importers  and 
permanent migrants must meet relevant customs and visa requirements of  the Department 
of Home Affairs.  
 
VIII. For used vehicles imported in commercial quan tities, 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 Act and the Regulations  before  a licence  is 
issued. Applications are examined on  receipt.  
 
IX. Not applicable.  
 
X. Not applicable.  
 
XI. The Act includes provisions to allow the importation of vehicles imported for export that do 
not meet Australian Design Rules. These vehicles may not be used in transport or on  public  
roads, nor are they allowed to be sold in the domestic market and must be  exported.  
  
7. (a) Applications are usually assessed within 20 business days. However, the actual  processing 
time will depend on the completeness of the application, the type of approval  being processed 
and the complexity of the information provided in support of an  application.  
 
(b) Requests for immediate granting of approvals may be submitted for consideration,  providing 
all statutory requirements are  met. 
 
(c) There are no limitations on the period of the year for the submission of  applications.  G/LIC/N/3/AUS/13  
 
- 45 - 
 
  (d) The Department of Infrastructure, Transport, Regional Development and Communicatio ns 
administers the vehicle  import  approval  process.  However,  issues  relating  to immigration  
and quarantine  must be dealt with through the relevant agencies (Department of Home 
Affairs and the Department of Agriculture).  
 
8.  There are no circumstances under which applications for import approval are refused other  than 
failure to meet the statutory criteria in the Act, the Regulations, and Determinations. Reasons  are 
provided to the applicant where a refusal is  issued.  
 
Applicants may appea l any decision to the Administrative Appeals Tribunal (AAT). Alternatively,  an 
appeal  may be made  on the decision -making  process  itself under  the Administrative  Decisions  
(Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. All persons, firms/companies and institutions may apply for approval to import vehicles.  The 
granting of an approval is dependent on whether the applicant and the vehicle(s) meet  the applicable 
criteria under the Act and  Regulations.  
 
(a) Under regulation 13 o f the Regulations (personal import arrangements) a person, who is  an 
Australian citizen or an Australian permanent resident, or has applied to become  an Australian  
citizen  or an Australian  permanent  resident,  may apply  for approval  to import  a vehicle that 
they have owned and it was available for use for a continuous period of at  least 12  months,  
where  they have not imported  another  personal  vehicle  within  the previous  5 years.  
 
Where  a vehicle  is to be imported  and used exclusively  for racing  or rallying  purposes  an 
application for import approval must be made. Approval will be granted where it  is established 
that the vehicle is solely for racing purposes and for a particular event and/or  is imported by 
a person holding an appropriate re cognised racing  licence.  
 
Applications  for import  approvals  for used imported  vehicles  can also be submitted  by 
approved Registered Automotive Workshops, or by a workshop importing one vehicle in the 
initial  process  of becoming  an approved  workshop.  Workshops  must be a company  in 
Australia, or have an appointed company in Australia as a  sponsor.  
 
(b) Applications  can be made  for import  approval  of new standard  vehicles,  for example,  new 
vehicles  complying  with Australian  Design  Rules  or new vehicles  that are to be modified  to 
comply  with the Australian  Design  Rules  by the person(s)  or organisations  that have been 
issued  with Identification  Plate Approvals  for the make  and model  of the vehicles  being 
applied for. The numbers of vehicles imported under these import approvals are  not restricted.  
 
There  are no restrictions  on the applicant  or the number  of vehicles  that can be imported 
where the vehicles have been manufactured before 1 January 1989. An application must  be 
made, and approval granted, in relation to each such  vehicle.  
 
Documentation and other requirements for application for licence  
10. 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. Eligible persons seeking to import  a previously 
owned vehicle are also required to provide confirmation of overseas travel  and ownership  and use. 
Copies  of the application  forms  and access  to the online  application  system  are available from the 
website  at: http://www.infrastructure.gov.au/vehicles/imports/application_forms.aspx . 
  
11. Importers must obtain a Vehicle Import Approval before a vehicle can be imported  into Australia.  
Applicants  are advised  not to ship their vehicle  to Australia  without  first obtaining  a vehicle 
import  approval.  
 
12. An administrative  charge  of $50 is required  for the lodgement  of a vehicle  import  approval 
application.  
 G/LIC/N/3/AUS/13  
 
- 46 - 
 
  13. Payment of relevant fees must accompany the lodgement of an application for vehicle  import 
approval. The lodgement fee is not  refundable.  
 
Conditions of licensing  
14.  Due to the delay to commencement of the new legislation,  import approvals issued under the 
Motor Vehicle Standards Act of 1989 are issued without expiry dates. Approvals issued to entities  
holding authorities  to supply  new vehicles  to the Australian  market  generally  apply  for the life 
of the vehicle  model if is sued under the Motor Vehicle Standards Act 1989.  The import  approvals  
granted  for vehicles  imported  for test purposes  normally  require that such a vehicle be exported 
or destroyed within 12 months unless modified  to legislative  requirements.  Approvals  issued  in 
relation  to used vehicles  imported  by Registered Automotive Workshops also contain a condition 
that vehicles must be modified to meet  Australian  Design Rules within 12 months or must be 
exported or destroyed.  
15.  There is no penalty fo r the non -utilisation of a license or a portion of a  license.  
 
16.  Licenses are not transferable between  importers.  
 
17. (a) Conditions  may be applied  to a Vehicle  Import  Approval  for a vehicle  that does not comply 
with Australian Design  Rules.  
 
(b) Conditions  may be applied to a Vehicle  Import  Approval.  
 
Other procedural requirements  
18. Administrative  requirements  of the Australian  Border  Force  and the Australian  Quarantine  
Inspection Service must be met before a vehicle is imported into Australia. In cases of  immigrants  
importing their personal vehicle the requirements of the Department of Home Affairs must also be  
met. 
 
19. Not applicable.  
 
20  NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED CHEMICALS  
Outline of System  
1. Licences and permits are issued to control the import of specified narcotic drugs,  psychotropic  
substances and related chemicals, including  kava.  
   
Purposes and coverage of licensing  
2. This system  fulfils  part of Australia's  obligation  under  three  United  Nations  Conventions  in 
relation  to restricting  the supply  of controlled  substances  to that necessary  to meet medical  and 
scientific need and preventing diversion to the illicit drug market. The drugs covered  are substances 
listed in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations). The 
licensing system covers persons involved in 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, the 
Convention  on Psychotropic  Substances,  1971, and Table  I and Table  II of the Convention against 
Illicit Traffic in Narcotic Drugs and Psychotropic Substances,  1988. 
 
An exemption  applies  in the case of a drug that is imported  by a passenger  on a ship or 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)  G/LIC/N/3/AUS/13  
 
- 47 - 
 
  (i)  is required for the m edical 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 prescripti on of the veterinarian.  
 
Incoming  passengers  who are over the age of 18 years  are allowed  to bring 4 kg of kava (piper 
methysticum ) either in the root or dried form, other than a product listed or registered under  the 
Therapeutics  Goods  Act 1989, into Australia  in their accompanied  baggage.  
 
3. The 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  of controlled  substances  and is one strategy  adopted  to address  drug misuse.  The 
system  is based  on the requirements  of the international  treaties.  The PI Regulations  are not 
intended to restrict the quantity or volume of  imports.  
 
5.  The Customs Act 1901 and the PI Regulations govern the importation of drugs.  The   licensing 
of importers  is a statutory  requirement  under  paragraphs  50(3)  (a) and (b) of the Customs  
Act 1901.  The drugs  subject  to control  are specified  in Schedule  4 under  Regulation  5 of the PI 
Regulations. This system cannot be abolished without legislative  approval.  
 
Procedures  
6. I. National import limits for substances controlled by the Single Convention on Narcotic Drugs 
are set by an estimates  system  administered  by the International  Narcotics  Control  Board  
(INCB). The INCB publishes the estimates (import limits) for all parties to the  Conventions.  
Allocation  of limits  for imports  from particular  countries  is not applicable.  Requests  for 
exceptions  and derogations  from the licensing  requirements  must be directed  to the Drug 
Control Section, Office of Drug Control.   
 
II. An annual estimate of Australia’s requirements for controlled drugs is established each  year 
based on historical records of manufacture, import, export current inventory and  projected 
domestic consumption. Australia’s estimates are published by the INCB and specific  imports  
are only authorised  where  they would  not be in excess  of the established  limit. Import  
licences  are issued  annually  but in themselves  do not authorise  the import  of any specific  
quantity of drug. A permit is required to import a specific drug in a specific  quantity.  
 
III. Import permits are required for each shipment and are issued to licensed importers and  the 
requested  import  quantity  must not cause  the total imports  of the drug to exceed  the 
Australian limit approved by the INCB. In accordance with INCB  procedures Australia  must 
establish annual estimates at the appropriate times. There is no carryover of quantity if  the 
limit from the previous  year was not reached.   
 
IV. Applications for licences are accepted at any  time. 
 
V. Licence applications may take up to six weeks to process because of the stringent  checks  
made  on the personnel  involved  and on the security  arrangements  in place.  Licences  are 
issued annually. Almost all permits are issued within 20 working days of the application  being 
submitted.  
 
VI. An import permit may be issued immediately following the granting of a licence.  Importation  
could then  proceed.  
 
VII. Licences and permits are administered by the Department of Health State licence  or legislative 
exception must be supplied at the time of applying for a licence to  import.  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.  
 G/LIC/N/3/AUS/13  
 
- 48 - 
 
  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.  
 
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 the importing or exporting  country.  
 
XI. Yes, in accordance with the Therapeutic Goods Act  1989.  
 
7. (a) There is no minimum advance notice required for a licence. However, stringent checks  of 
applicants for licences are undertaken in order to issue a licence. Applications for an  import  
permit should be made a minimum of 20 working days prior to import. Permits will only be 
issued  to a licensed  importer.  Goods  arriving  at the port without  a permit  cannot  be 
imported  and retrospective permits cannot be   issued.  
 
(b) No. 
 
(c) No. 
 
(d) Import licences and import permits are both issued by the Department  of Health.  When 
considering licence applications, State licence or legislative exception must  be supplied  at the 
time of applying  for a licence  to import,  the company  applying  contacts  the relevant State 
Authority. Other authorities may be cont acted by the Department  to verify application details 
(for example, the Australian Border Force for personnel checks of the  company  applying). The 
applicant does not need to approach these  authorities.  
 
8.  An application may be refused for any of the following  reasons:  
 
• The criteria are not met. These criteria require the importer to be a “fit and proper  person” 
and maintain adequate security for  storage.  
• If other permission is required but has not been obtained (for example, quarantine,  State  
licences ). 
 
A licence or permit may be revoked if the licence holder fails to comply with the conditions of  the 
licence or  permit.  
 
The affected person is notified in writing of any refusal or revocation. A request for review of  the 
refusal can be made to the Aust ralian Government 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 fi t and proper person to be granted a licence to import drugs and  suitable  
security arrangements for the holding of drugs are in place. A licence is granted subject  to 
conditions concerning use, sale and distribution of the substances. Import permits are  only 
issued to licence holders. State licence or legislative exception must be supplied at the  time 
of applying for a licence to  import.  
 
(b) Not applicable.  
 G/LIC/N/3/AUS/13  
 
- 49 - 
 
  Documentation and other requirements for application for licence  
10.  Applications for licences a nd permits must be submitted on either an "Application for a  Licence  
to Import  Controlled  Substances"  or "Application  for a Permit  to Import  Controlled  Substances"  
respectively.  
 
The following  information  must be supplied  for a licence  application:  
 
• name of the applicant (person or  organisation);  
• address of the premises on which the controlled substance will be  held; 
• nature of the business (e.g. pharmaceutical manufacture, chemical distribution,  etc.);  
• classes of controlled substances to be held (e.g. narcotic drugs, psychotropic  substances,  
precursor chemicals, laboratory standards,  etc.);  
• details of licences held relating to the storage, manufacture or distribution  of the  substances;  
• details of any losses and/or thefts of controlled  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);  
• proposed importing activity for the period of the licence including drug names  and proposed  
quantities.  
 
The following  information  must be supplied  for a permit  application:  
 
• importer's name and  address;  
• overseas exporter's name and  address;  
• product description (name, form and  strength);  
• number and size of the  packs;  
• quantity of  drug;  
• proposed date of  import;  
• where applicable, the name of the end user and the use of the end  substance.  
 
A separate Permit to Import is required for every shipment of a controlled substance and will not be 
issued unless a licence is already held. All p ermits 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. There is no licensing fee or administrative  charge.  
 
13. There is no deposit or advance payment requirement associated with the issue of  licenses.  
 
Conditions of licensing  
14. Import licences are valid until the end of the calendar year. Import permits are usually v a l i d  
for up to six  months.  
 
15. No. However,  if a licence  holder  has not used the licence  during  the year and applies  for a 
renewal, the applicant may need to justify  retention of the  licence.  
 
16. Licences and permits are not  transferable.  
 
17. For licences, conditions apply to the keeping of records and the reporting of movements.  For 
permits, specific conditions may be endorsed on the permit, (for example for re-export only or  for 
veterinary use  only).  
 G/LIC/N/3/AUS/13  
 
- 50 - 
 
  Other procedural requirements  
18. Importers of narcotic drugs, psychotropic substances and related chemicals for  commercial 
supply should familiarise themselves with the requirements of the Therapeutic Goods Act  1989 in 
relation to the importation of therapeutic goods for supply in  Australia.  
 
19. Not applicable.  
 
21  OBJECTIONABLE GOODS  
Outline of System  
1. Import controls exist on publications and goods that have been ‘Refused Classification’ by the 
Classification Board or if unclassified, would likely be refused classification if submitted for 
classification from entering Australia. Material which  is prohibited under Regulation 4A, Importation 
of Objectionable Goods, of the Customs  (Prohibited Imports) Regulations 1956 (PI Regulations) may 
not be imported unless written  approval has been granted from the Minister administering Part 2 of 
the Classificat ion (Publications, Films and Computer Games) Act 1995 (Cth) (the responsible 
Minister) or by an authorised  person; or the goods are being imported by an Australian police officer 
for the purposes of criminal investigation or law enforcement (including crim inal prosecution).  
 
Under subregulation 4A(2A) of the PI Regulations, the responsible Minister has appointed the 
Director and Deputy Director of the Classification Board as authorised persons to grant permissions 
to import.  
 
Purposes and coverage of licens ing 
2. Objectionable goods include: computer games; computer generated images; films;  interactive  
games;  publications  and any other  goods  that describe,  depict,  express  or otherwise  deal with 
matters of sex, drug misuse or addiction, crime cruelty, violence or revolting or  abhorrent 
phenomena  in such a way that they offend  against  the standards  of morality,  decency  and 
propriety generally accepted by reasonable adults to the extent that they should not be  imported.  
 
The goods  may also be considered  objectionable  if the goods  describe  or depict  in a way that is 
likely to cause  offence  to a reasonable  adult,  a person  who is, or who appears  to be, a child 
under  18 (whether  the person  is engaged  in sexual  activity  or not). The goods  may also be 
considered  objectionable  if they promote,  incite  or instruct  in matters  of crime  or violence,  or 
promote  or incite  the misuse  of a drug specified  in Schedule  4 of the PI Regulations.  The goods 
may be considered objectionable if they advocate the doing of a terrorist act. Without limiting  the 
above, computer games classified RC (Refused Classification) under the Classification  (Publications,  
Films and Computer  Games)  Act 1995 are also considered  objectionable  goods.  
 
3. The regulations apply to the importation of goods from all  countries.  
 
4. The importation  of these  goods  is regulated  as a community  protection  measure.  Goods 
included are considered to be detrimental to the well -being of the community. The PI  Regulations  
are not intended to restrict the quantity or value of  imports.  
 
5. The control  on importation  of the specified  goods  is a statutory  requirement  under  Regulation  4A 
of the PI Regulations  made  under  the Customs  Act 1901. The system  cannot  be abolished 
without legislative  approval.  
 
Procedures  
6. Not applicable.  
 
7. (a)  Requests for permission to import  should be made in advance of arrival of the goods. Requests 
to the Director or Deputy Director of the Classification Board generally take  up to 20 working 
days to process assuming the person requesting the permission has provided sufficient  
information  to allow a decision to be made. Requests may be made if goods land  and are  
seized  by the Australian Border Force.  This may happen  when  a person  inadvertently  fails to 
apply  in advance,  or does not realise  the goods  would  be prohibited.  The same  processing  G/LIC/N/3/AUS/13  
 
- 51 - 
 
  time applies,  and the Australian Border Force  will delay  destruction  of the goods  once they are 
notified  a request for permission  has been made.  If the permission  to import  is refused  or 
granted  subject  to conditions the person  will be notified of the decision in writing.  
 
(b) No.  
 
(c) Permits may be issued at any period of the  year. 
 
(d) A request for permission to import can be refused, or granted subject to conditions,  on the 
discretion  of the Minister,  or a person  authorised by  the Minister.  Australian Border Force 
is responsible for determining whether  goods are "objectionable” at the border and may  apply 
for classification if the good is a publication, film or computer game as defined in the 
Classification (Publications, Films and Computer Games) Act 1995.  
 
8.  Where an application is refused, or granted subject to conditions, application for review  of this 
decision may be made to the Administrative Appeals Tribunal (AAT), and except where  
subsection  28(4) of the Administrative Appeals Tribunal Act 1975 applies, the applicant  may request 
a statement of reasons for the decision. The Minister may certi fy in writing  that in the public  interest  
the responsibility  for permission  or refusal  should  remain  solely  with the Minister and should not 
be reviewable by the AAT. The certificate must include  a statement of the grounds on which the 
certificate was  issued.  
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) All persons,  firms and institutions  are eligible  to apply  for permission  to import.  
 
Documentation and other requirements for application for licence  
10.  For permission to import applications must be made in writing to the responsible Minister or an 
authorised person (the Director, or Deputy Director of the Classification Board).  The application 
should include the following  information:  
 
• importer's name and  address;  
• details of the goods to be  imported;  
• quantity and distribution (end  use);  
• the purposes for which the goods are to be  imported;  
• explanation and evidence of the extent to which the person to whom permission would  be 
granted conducts activities of an artistic, educational, cultural or scientific nature to  which  
the goods  relate;  
• evidence  of the reputation  of the person  both in general  and in relation  to the activities  
described above;  and 
• explanation of the person’s ab ility to meet any conditions that may be imposed in  relation 
to the goods under sub -regulation 3 (i.e. custody, use, reproduction,  disposal,  destructions, 
exportation or accounting for the  goods) ; 
• any other relevant  matters.  
 
11. Proof of authorisation is required on  importation.  
 
12. There is no licensing fee or administrative  charge.  
 
13. There  is no deposit  or advance  payment  requirement  associated  with the issue of licenses.  
 
Conditions of licensing  
14. Permits apply to one consignment  only. 
 
15. There is no penalty for the non -utilisation of a permission or a portion of a  permission.  
 
16. Licenses are not transferable between  importers.  
 G/LIC/N/3/AUS/13  
 
- 52 - 
 
  17. Conditions may be applied regarding the custody, use, reproduction, disposal, destru ction 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 for the purposes  for which  permission  was 
granted.  
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
22  ORGANOCHLORINE CHEMICALS  
Outline of System  
1. The importation  of certain  organochlorine  chemicals  (OCs) as listed  in Schedule  1 of the 
Agricultural and  Veterinary  Chemicals  (Administration)  Regulations  1995 and Schedule  9 of 
the Customs  (Prohibited Imports) Regulations 1956 is prohibited unless written permission, either 
from the Minister responsible for the Commonwealth Department of Agriculture or  an authorised 
officer, is provided to the Australian Border Force at the time of i mportation.  An authorised officer 
means an officer of the Department of Agriculture who  is authorised in writing by the relevant 
Minister for the purposes of this  regulation.  
Purposes and coverage of licensing  
2. OCs were once commonly used in  agriculture  and industry,  however,  they have since been 
found  to produce  harmful  effects  on animals, people and the environment. The OCs subject to 
Australian import  controls  includes  OCs controlled under domestic legislation and  persistent  organic  
pollutants  that are listed  under  Schedule  1 of the Agricultural and Veterinary Chemicals 
(Administration) Regulations 1995. Schedule 1 is  amended from time to time, to, inter alia, to reflect 
the Australian Government’s ratification of decisions  made by th e Conference of the Parties to the 
Stockholm Convention on Persistent Organic  Pollutants  (Stockholm  Convention).  
 
3. For OCs subject to domestic regulation import controls apply to all countries. For the OCs listed 
in Schedule 1 of the Agricultural and Vet erinary Chemicals (Administration) Regulations 1995 as 
Stockholm Convention import controls apply to Parties to this Convention.  
 
4. The importation of these chemicals is regulated as a community protection measure.  These  
chemicals are considered to be ge nerally persistent in the environment, relatively toxic  and 
bio-accumulative. OCs listed in the Agricultural and Veterinary Chemicals (Administration) 
Regulations 1995  are intended to restrict imports, unless they are for uses or purposes allowed 
under the  Stockholm  Convention (e.g. specific exemption, acceptable purpose, laboratory -scale 
research,  reference  standard or environmentally sound  disposal).  
 
5. The control on importation of the specified goods is a statutory requirement under  Agricultural  
and Veterinary  Chemicals  (Administration)  Regulations  1995 and Regulation  5I of the Customs  
(Prohibited Imports) Regulations 1956 made under the Customs Act 1901 . The system cannot  be 
abolished without legislative  approval.  
 
Australia  is a Party to the Stockholm  Convention  and these  import  controls  are required  of all 
Parties.  Australia  would  need to withdraw  from the Convention  in order  to abolish  these  import 
controls.  
 
Procedures  
6. Not applicable, as no organochlorine chemicals are restricted on the basis of either the  quantity  
or value of  imports.  
  
7. (a)  Application should be made in advance of arrival of the goods. However, if the chemicals have 
arrived without a permit, the Australian Border Force may hold the shipment until a decision 
concerning an application is made.  
 G/LIC/N/3/AUS/13  
 
- 53 - 
 
  (b) Permits  are not normally  issued  immediately.  Applications  for permits  are made  to the 
Department of Agriculture and normally processed within five  (5) business  days.  
 
(c) No, permits may be issued at  any period of the  year. 
 
(d) Permits are issued by the Australian Department of Agriculture  and are presented by the 
importer to the Australian Border Force at the time of  importation.  
 
8.  Application for permission to import can be refused at the discretion of the Minister  for Agriculture. 
Reasons for refusal would be explained to applicants.  There is no right of appeal  against  the 
Minister's  decision.  However,  an appeal  may be made  on the decision -making process itself 
under the Administrative De cisions (Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) All persons, firms and institutions are eligible to apply for permission to  import.  
 
Documentation and other requirements for application for licence  
10. For permission  to import,  applications  must be made  in writing  to the relevant  Minister  or 
authorised officer at  http://www.agric ulture.gov.au/ag -farm-food/ag -vet-chemicals/stockholm -
rotterdam . The application should include the following  information:  
 
• importer’s name and address;  and 
• details of the goods to be imported including the appropriate international codes,  quantity,  
intended use, exporting country, date of  import.  
 
11. The written  permission  of the Minister  or authorised  officer  is required  to be produced  on 
impor t. 
 
12. There is no licensing fee or administrative  charge.  
 
13. There is no deposit or advance payment requirement associated with the issue of  licenses.  
 
Conditions of licensing  
14. Permits  usually  apply  to one consignment  only, typically  valid for three  months  but may be 
extended given sufficient  justification.  
 
15. There is no penalty for the non -utilisation of a license or a portion of a  license.  
 
16. Licenses are not transferable between  importers.  
 
17. Permission granted under Agricultural and Veterinary Chemicals  (Administration) 
Regulations  1995 and Regulation  5I of the Customs  (Prohibited  Imports)  Regulations  1956 may 
specify  conditions  or requirements  to be complied  with by the holder  of the permission,  such as 
the use of the chemical (e.g. as a reference standard or for laboratory -scale experiment only).  If the 
holder  of the permission  fails to comply  with a condition  or requirement  the Minister  may revoke 
the permission.  
 
Other procedural requirements  
18. No.  
 
19. Not app licable.  
 
Further information can be found at  https://www.agriculture.gov.au/agriculture -food/ag -vet-
chemicals/stockholm -rotterdam . 
 G/LIC/N/3/AUS/13  
 
- 54 - 
 
  23  OZONE -DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE GASES  
Outline of System  
1.  Australia manages its obligations under the Montreal Protocol on Substances that Deplete the 
Ozone Layer for ozone depleting substances and hydrofluorocarbons (HFCs)  and, for synthetic 
greenhouse gases other than HFCs, the  United Nations Framework Convention on Climate Change 
(UNFCCC), through the Ozone Protection  and Synthetic Greenhouse Gas Management Act 1989 . 
 
The import, export and manufacture of the ozone depleting substances - chlorofluorocarbons, 
halons, carbon tetrachloride, methyl chloroform, bromochloromethane and methyl bromide (for 
non-quarantine and pre -shipment use) is prohibited  under the Montreal Protocol except where an 
essential or critical use exemption has been granted by the parties to the Montreal Protocol. The 
phase out of ozone depleting hydrochlorofluorocarbons (HCFCs) under the Montreal Protocol is 
almost complete. Con trol measures for HFCs under the Kigali Agreement to the Montreal Protocol 
commenced on 1  January  2019 to phase -down the production and import of HFCs.  
 
Australia’s Montreal Protocol obligations are implemented through licensing controls and quota 
restric tions on HCFCs and HFCs, and licensing of imports of methyl bromide. A licence is required to 
import equipment containing HFCs. The import of equipment containing HCFCs is prohibited except 
in certain limited circumstances when an import licence may be gra nted. 
 
Australia controls the import and manufacture of other synthetic greenhouse gases  
(perfluorocarbons, sulfur hexafluoride and nitrogen trifluoride) in accordance with its obligations 
under the  Kyoto  Protocol of the UNFCCC.  A licence  is required  to import, export  and manufacture  
synthetic  greenhouse  gases  and to import products containing synthetic greenhouse  gases.  
 
Purposes and coverage of licensing  
2.  The requirements of the licensing system  are: 
 
• Controlled  substances : 
o import, export or manufacture of bulk methyl bromide, with the quantity of methyl 
bromide permitted to be imported for non -quarantine and pre -shipment fumigations 
limited to the quantity approved by the Montreal Protocol;  
o import,  export  or manufacture  of bulk HCFCs and HFCs , with import  quotas  set 
in line with Montreal  Protocol phase -out obligations and Australia’s domestic policy  
to accelerate phase -out of  HCFCs and phase -down of HFCs;  
o import, export or manufacture  of bulk perfluorocarbons,  sulfur  hexafluoride and 
nitrogen trifluoride, with no restrictions on  quantity.  
 
• Essential  use: 
o import, export or manufacture of bulk hydrochlorofluorocarbons, 
chlorofluorocarbons, halons,  carbon  tetrachloride, methyl chloroform and 
bromochloromethane approved  for essential use by the parties to the Montreal  
Protocol.  
 
• Used substances:  
o import and export of bulk used chlorofluorocarbons, halons, carbon tetrachloride, 
methyl chloroform, bromochloromethane, methyl bromide, 
hydrochlorofluorocarbons, hydrofluorocarbon s, perfluorocarbons, sulfur 
hexafluoride and nitrogen trifluoride;  
 
• Equipment licences:  
o Import of pre -charged equipment containing synthetic greenhouse gases. The 
import of some equipment is restricted. The import of equipment containing ozone 
depleting substances is prohibited except in certain limited circumstances when a 
licence may be granted. Importers who import up to 25 kilograms of synthetic 
greenhouse gas (HFCs, perfluorocarbons, sulfur hexafluoride and nitrogen 
trifluoride) in equipmen t in a calendar year do not need an equipment licence.  
 
Licence conditions and reporting requirements apply in relation to all licences  issued.  G/LIC/N/3/AUS/13  
 
- 55 - 
 
  The import and manufacture of equipment that contains or is designed to operate solely on an HCFC 
is prohibited under the legislation, except in certain circumstances when an equipment licence may 
be granted. Exemptions apply to:  
 
• importing replacement parts for HCFC refrigeration or air conditioning equipment (this does 
not include a complete or substantially compl ete indoor or outdoor unit of a split system air 
conditioner);  
• importing equipment insulated with foam manufactured with HCFC;  
• the equipment is incidental to the main import, and it is impractical to remove or retrofit the 
equipment (for example equipment incorporated into a large boat or drilling rig);  
• the equipment is essential for medical, veterinary, defence, industrial safety or public safety 
purposes, and no practical and effective alternative exists;  
• the equipment is for use in conjunction with the c alibration of scientific, measuring or safety 
equipment; or,  
• the equipment is for test, monitoring, or laboratory and analytical use where there is no 
practical and effective alternative to that equipment.  
 
Exemptions from licensing requirements apply in l imited circumstances for the import or 
manufacture of certain products containing synthetic greenhouse gases. Exemptions have been 
approved for metered dose inhalers and imported foam products.  
 
3. The system applies to goods from all countries, with restr ictions applying to trade of ozone 
depleting substances with countries that are not party to the Montreal Protocol.  
 
4. The licensing system implements Australia’s legal obligations under the Montreal Protocol. As well 
as limits on production and consumption of ozone depleting substances and HFCs leading to eventual 
phase -out or phase -down, the Montreal Protocol requires  the establishment of a licensing and quota 
system.  
 
5. The legislation under which licences are maintained includes:  
• Ozone Protection and Synthetic Greenhouse Gas Management Act 1989;  
• Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995;  
• Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995;  
• Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995;  
• Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2004;  
• Ozone Protection and Syntheti c Greenhouse Gas (Manufacture Levy) Regulations 2004.  
 
Licensing is a legislative requirement. It is an offence to import, export or manufacture a scheduled 
substance without a licence.  
 
The legislation does not leave designation of products to administrat ive discretion. All substances 
that require licences are specified in a schedule to the legislation. No other substances require 
licensing under this legislation.  
 
Importation of ozone depleting substances and synthetic greenhouse gases and equipment 
conta ining these substances is prohibited under provisions of the Customs Act 1901 and the PI 
Regulations unless a licence has been obtained or the goods are exempt from licensing requirements.  
 
Procedures  
6. The quantity  of controlled  ozone  depleting  substance s and HFCs that can be imported  into 
Australia  is limited through the Montreal Protocol. These limits and the quota system are also 
outlined in  the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 . There is no 
import limit on other synthet ic greenhouse  gases.  
 
I. Information on licences is published in customs notices, trade journals, on the Australian 
Government Department of Agriculture, Water and the Environment website and in an 
Australian database for business. The Department of Agricu lture, Water and the Environment 
deals directly with holders of existing licences and new applicants. There are no quotas on 
amounts to be imported from specific countries, but imports and exports of ozone depleting 
substances, and HFCs when the Montreal P rotocol trade provisions commence in 2033, must G/LIC/N/3/AUS/13  
 
- 56 - 
 
  be from countries that are Parties to the Montreal Protocol and its relevant amendments. The 
legislation does not provide for any exception or derogation from licensing requirements.  
 
II.  Licences for import  of controlled  substances,  used substances  and pre-charged  equipment  
are issued for two years.  Fixed  end dates  apply  to controlled  substances  and used 
substances  licences,  while pre -charged equipment licences are valid for two years from the 
date of issue.  Most controlled substance licences for an ozone depleting substance and HFCs 
specify  the amount permitted to be imported or manufactured during the licence period. 
Essential  use licences are issued annually. Each licence specifies the maximum amount  and 
type of substance to be  imported for the entire duration of the  licence.  
 
 HCFC and HFC import quotas are based on the total annual consumption (i.e. production plus 
imports, minus exports) limit under the Montreal Protocol, adjusted for Australia’s accelerated 
phase -out and phase -down policy as applicable. Individual HCFC and HFC import quo tas are 
based on past imports. There is provision for limited HFC quota allocation for new entrants.  
 
III.  Australia has no domestic manufacture of ozone depleting substances and synthetic 
greenhouse gases. All HCFC and HFC quota holders are importers of substances. Any company 
wishing to manufacture these substances in Australia would be subject to the same licensing 
and quota requirements as importers.  
 
Unused quotas are not added to those of the succeeding period as limits under the  Montreal 
Protocol an d domestic legislation are not cumulative. The names of Australian importers  are 
available  to the public  on the Australian  Government  Department  of Agriculture, Water 
and the Environment  website.  
 
IV. Licence applications may be made at any time. The Depar tment of Agriculture, Water and the 
Environment will seek licence reapplications for a new licence period up to six months prior to 
the commencement of the licence period.  
 
Consideration of a licence application may take up to 60 days. The Ozone Protection  and 
Synthetic Greenhouse Gas Management Act 198 9 provides that if after 60 days the  Minister  
or delegate has not granted  a licence  or sought  more information,  the application  is deemed  
to be refused,  unless  a formal  request  for additional  information  has been made.  A request  
for more information  provides  60 days from the date the information is received for the 
application to be granted or refused. If it is not granted in this period it is deemed to  be 
refused.  
 
V.  See IV above.  
 
VI.  Licences can be granted at any time before or during a licence period.  
 
VII.  The authority to grant or refuse licences lies with the Minister for the Environment. This power 
has been delegated to certain officers in the Australian Government Department of 
Agriculture, Water and the Environment. Applicants need only apply to the Department of 
Agriculture, Water and the Environment.  
 
VIII.  There is no limit to the number of licences that can be issued under the Ozone Protection and 
Synthetic Greenhouse Gas Mana gement Act 1989 . The quantity of ozone depleting substances 
and HFCs  that can be imported  is limited under the Montreal Protocol and the Ozone Protection 
and Synthetic Greenhouse Gas Management Act 1989 . HCFC and HFC imports are managed 
through a quota sys tem, based on past imports. There is provision for HFC quota allocation 
for new entrants.  
 
IX.  Not applicable.  
 
X.  Not applicable.  
 
XI.  Not applicable.  
 
7. (a) A licence  for import  of pre-charged  equipment  may be applied  for at any time, prior to the 
goods  being  imported.  Consideration  will be given  to granting  a licence  after goods  have G/LIC/N/3/AUS/13  
 
- 57 - 
 
  arrived.  Applicants  are discouraged  from organising  an import  until a licence  has been 
granted. Under the Ozone Protection and Synthetic Greenhouse Gas  Management Act 1989 , 
licence applications must be assessed within 60 days of  receipt.  
 
(b) The application  must be assessed  within  the terms  of the Ozone  Protection  and Synthetic  
Greenhouse Gas Management Act 1989 . There is no minimum waiting period f o r assessment 
once all information has been provided and the application fee  paid. 
  
(c) Controlled substances licences can be granted at any time during the licence period.  If 
granted, the licence will expire at the end of the current licence period, regardless of  when  
the licence was actually granted. Ozone depleting substance/synthetic greenhouse  gas 
Equipment licences are valid for two years from the date of  issue.  
 
(d) The Department of Agriculture, Water and the Environment considers licence applications.  No 
other agencies are  involved.  
 
8. A licence  may be refused  if the applicant  does not meet ordinary  criteria.  Where  applications  
are refused,  applicants  will be given  the reasons  for such refusal  on request.  An applicant  may 
apply  to the Administrative  Appeals  Tribunal  for a review  of the decision  not to approve  a licence.  
Alternatively, an appeal may be made on the decision -making process itself under  the Administrative 
Decisions (Judicial Review) Act  1977.  
 
Eligibility of importers to apply for licence  
9.(a) Noting  the quota  restrictions  for HCFC  a n d  H F C  imports,  all persons,  firms and 
institutions  are eligible to apply for  licences.  
 
(b) All persons, firms and institutions are eligible to apply for  licences.  
 
Documentation and other requirements for application for licence  
10. Controlled Substance, Essential Use, Used Substance and Pre -charged Equipment  application  
forms are available on the Department of Agriculture, Water and the Environment website  at: 
http://www.environment.gov.au/protection/ozone/licences . 
 
11. Upon importation,  an importer  must present  standard  customs  documentation  along  with a 
valid licence  issued  under  the Ozone  Protection  and Synthetic  Greenhouse  Gas Management 
Act 1989. 
 
12. Licence application fees are charged. Fees are: Controlled substances - $15,000; Essential  Use 
- $3,000; Used Substance - $15,000; and Pre -charged Equipm ent - $3,000.  
 
In addition,  licence holders  are required  to pay a 6-monthly  activity  fee: HCFC - $3,000 per ODP  
(Ozone Depleting Potential) tonne; Methyl Bromide - $135 per metric tonne; synthetic greenhouse 
gases - $165 per metric tonne.  
 
13. There is no deposit or advance payment requirement associated with the issue of  licences.  
 
Conditions of licensing  
14.  Licences are valid for the licence period and cannot be  extended.  
 
15.  There is no penalty for the non -utilisation of a licence or a portion of a  licence.  
 
16.  Yes. Transferee  must be a fit and proper  person  to be a licence  holder.  A joint application  by 
the transferor and transferee is made to the Department of Agriculture, Water and the Environment.  
 
17.  Licensees  are not permitted  to trade  in ozone  depleting  substances  with non-parties  to the 
Montreal Protocol. General conditions of the licence are that the licensee must have  arrangements  
in place to manage  their product  at its end of life, generally  through  a product  stewardship 
scheme;  and must provide  6 monthly  activity  reports  and pay the appropriate  import  levy, as 
per the Ozone Protection and Synthetic Greenhouse Gas Management Act  1989. G/LIC/N/3/AUS/13  
 
- 58 - 
 
  Conditions  may also apply  to the purpose  to which  the imported  substance  is to be applied  if its 
import has been approved for a specific purpose through the Montreal  Protocol.  
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
24  PLASTIC EXPLOSIVES  
Outline of System  
1.  The  importation  of plastic  explosives  is generally  prohibited  under  provisions  of the Customs  
Act 1901 , the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) and the  Criminal Code 
Act 1995 (Cth) (Criminal Code). Importation is lawful if the Minister for Home Affairs (the Minister) 
has issued a permit under the PI Regulations and, if applicable, an a uthorisation  is provided under  
the provisions  of the Criminal  Code.  The Criminal  Code regime  fulfils  part of Australia’s obligation  
under  the United  Nations  Convention  on the Marking  of Plastic  Explosives  for the Purpose of 
Detection (Montreal, 1991) (the Convention).  
 
Purposes and coverage of licensing  
2. The goods covered are plastic explosives. Different requirements apply depending on whether 
plastic explosives are “marked” with a chemical marker specified in the Criminal Code.  
 
3.  The Department of Home Affairs and state and territory import licensing and permissions systems 
apply to importers of plastic explosives from all countries, regardless of whether the explosives are 
marked.  
 
The Criminal  Code requirements  apply  to both imported  and domestically  produced  explosive  
products from all countries. That authorisation scheme applies to importers of plastic  explosives  that 
are not  marked.  
 
4. The PI Regulations are not intended to restrict the quantity or volume of imports. There are no 
restrictions in relation to the quantity or value of imports of unmarked plastic explosives under the 
Criminal Code regime. However, in exercising power to grant an authorisation, the Minister for Home 
Affairs may have regard to whether the import of unmar ked plastic explosives is reasonable.  
 
5. The control of plastic explosives is a statutory requirement under Regulation 4AA of the PI 
Regulations made under the Customs Act 1901. The control cannot be abolished without legislative 
approval. The provisions requiring Authorisation to be obtained for certain dealings with unmarked 
plastic explosives under the Criminal Code cannot be abolished without legislative approval.  
 
Procedures  
6. Not applicable.    
 
7. (a)  No specific timeframe. However, it is recommende d that the application forms are completed 
and submitted at least six weeks before the goods’ expected arrival in  Australia.  
 
In addition,  the importer  must provide  the State  or Territory  Permit  or Licence  to import  
plastic explosives on the Application for Permission to import plastic explosives form and  on 
the Manufacturers Certificate, relevant to the Home Affairs and Criminal Code regimes  
respectively.  In the case of unmarked  plastic  explosives,  an Application  for Authorisation  
to import u nmarked plastic explosives should be lodged with the Department of Home Affairs 
before seeking permission to import.  
 
(b) A permit to import would  not normally  be granted  immediately  as some  conditions  must 
be fulfilled.  Checking  of applicants’  suitability  to hold a permit  generally takes some time 
and therefore permits cannot generally be issued immediately  upon request.  
 G/LIC/N/3/AUS/13  
 
- 59 - 
 
  An Application  for an Authorisation  under  the Criminal  Code regime  must be submitted  to 
the Department  o f  Home Affairs for  consideration  and, if the Application  is approved,  an 
instrument of authorisation is executed and provided to the applicant. The process  may take 
approximately two to three  weeks.  
 
(c) No. 
 
(d) Granting permission for the importation of plastic explosives involves state and  territory  
licensing authorities, and the Department of Home Affairs. Authorisations  and Permissions to 
import unmarked plastic explosives and Permissions to import marked  plastic  explosives are 
granted by the Minister or an authorised  officer.  
 
8.  Unless otherwise stated, the regulations allow the Minister to consider whatever he or  she 
believes  necessary  in forming  a view as to whether  or not to grant  a permit.  An import  permit 
issued by the Minister or an authorized person may be revoked if the permit holder engages in 
conduct that  contravenes  a condition or requirement of the  permission.  
 
An authorisation to import unmarked plastic explosives may be refused by the Minister  if he or she 
considers that the p roposed importation is unreasonable and/or considers that  the authorisation 
ought not be granted having regard to such matters as he or she considers  relevant.  An application 
may be made to the Administrative Appeals Tribunal for review of  the Minister’s  decision to refuse 
to grant an Authorisation or the Minister’s  decision to specify a condition or restriction in an 
Authorisation made under section 72.18(1)  (authorisation  for research), section 72.19(1) 
(authorisation for defence and police purposes), sec tion 72.20(1) (authorisation  for use of existing  
stocks)  or section  72.21(2)  (authorisation  for manufacturers).  
 
The Minister or his  or her authorised  officer  would  be required  to give reasons  for refusing to 
grant an Authorisation. If the Minister’s decision is affected by  jurisdictional error or error of law, it 
is susceptible to judicial review under the Administrative Decisions  (Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) Any person, firm or institution may apply for a permit.  A permit shall not be granted unless  
the applicant is a fit and proper person to be granted a permit to import plastic  explosives.  
Individuals, institutions, or corporations are eligible to apply for an authorisation to  import 
unmarked plastic  explosives.  
 
Documentation and other requirements for application for licence  
10.  In order to import unmarked plastic explosives importers will need to complete:  
 
• an application for authorisation to either manuf acture, possess, traffic in, import or export 
unmarked plastic explosives;  
• an application for permission to import unmarked plastic explosives; and  
• a manufacturers certificate.  
 
In order to import marked plastic explosives importers will need to  complete:  
 
• an application for permission to import marked plastic explosives,  and 
• a manufacturers  certificate.  
 
A state or territory licence or permit must be obtained before the Minister can  authorise  the 
importation of plastic explosives and before the plastic exp losives arrive in Australia. If the 
permission to import  plastic  explosives (and authorisation if the plastic explosives are unmarked) is 
obtained from  the Minister , a permit number will be issued. This permit number must be presented 
to the Department of Home Affairs at the time of lodging an import  declaration.  
 
Further information, including relevant documents required to lodge an application for permission to 
import, is available at https://www.abf.gov.au/ importing -exporting -and-manufacturing/prohibited -
goods/list -of-items .  G/LIC/N/3/AUS/13  
 
- 60 - 
 
  11. A state or territory  import  licence  or permit  is required  on actual  importation  of marked  or 
unmarked  plastic  explosives.  In addition  to the state or territory  licence  or permit,  additional 
documentation must be completed as specified in response to question (10)  above.  
 
12. A state or territory import licence or permit is required on actual importation of marked or 
unmarked plastic explosives. In addition to the state or t erritory licence or permit, additional 
documentation must be completed as specified in response to question (10) above.  
 
13. No deposit or advance payment is required. No deposit or advance payment is associated with 
the issue of permissions or authorisati ons by the Minister.  
 
Conditions of licensing  
14. The Minister may issue an authorisation for the importation of unmarked explosives for defence 
or police purposes until 25 August 2022.  Existing authorisations cannot be extended. If an existing 
user wishes to engage in an activity other than one which is covered by the terms of an existing 
authorisation, a new application must be made.  
 
15. There is no penalty for non -utilisation of a permit. However, if a permit holder has not used the 
permit during the year and applies for a renewal, the applicant may need to justify retention of the 
permit. There is no penalty for non -utilisation of an authorisation issued by the Minister.  
 
16. Permits and authorisations issued by the Department of Home Affairs are not transferable and  
apply  only to those  applicants  to whom  the authorisation  was initially  granted.  
 
17. (a) Not applicable.  
 
(b) The importation of unmarked plastic explosives (which are not subject to  quantitative  
restriction) may be subject to such conditions and restrictions as the Minister may specify in 
the authorisation. Such conditions may include a requirement that future  stocks  of unmarked  
plastic  explosives  be purchased  only from a specified  source  and/or  that the applicant 
inform the Department of Home Affairs of any additional consignments  of unmarked plastic 
explosives acquired following the grant of an  Authorisation.  
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
Weblinks to the relevant Ac ts and Regulations are as  follows : 
 
• Criminal Code Act 1995 : 
https://www.comlaw.gov.au/Details/C2015C00
601 
 
• Customs Act 1901 : 
https://www.comlaw.gov.au/Details/C2016C00
066 
 
• Customs (Prohibited Imports) Regulations 1956: 
https://www.comlaw.gov.au/Details/F2016C00
106 
 
• United Nations Convention on the Marking of Plastic Explosives for the Purpose of  
Detection (Montreal, 1991):  
https://treaties.un.org/Pages/DB.aspx?path=DB/studies/page2_en.xml    
 G/LIC/N/3/AUS/13  
 
- 61 - 
 
  25  RADIOACTIVE SUBSTANCES  
Outline of System  
1. The importation of radioactive substances and goods containing radioactive substances  is 
prohibited under the provisions of the Customs Act 1901 and Customs (Prohibited  Imports)  
Regulations  1956 (PI Regulations)  unless  the permission  in writing  is granted  by the Australian  
Minister for Health, the CEO of the Australian Radiation Protection and  Nuclear Safety  Agency  
(ARPANSA) appointed in writing by the Minister, or an Australian Public Service employee  assisting 
the CEO appointed in writing by the Minister as an authorised officer, and presented to the   
Australian Border Force at  the time of importation.  In order  for a permit  to be considered, the 
entity taking possession of the sources, including the r ecipient/s, must hold a valid and current 
radiation licence to possess, sell or store radioactive substance, where required. The Radiation 
Licence is obtained from the relevant Commonwealth, state or territory radiation regulatory control 
authority where r equired.  
 
Purposes and coverage of licensing  
2. The goods covered include any radioactive material or substance including radium,  any 
radioactive isotope or any article containing any radioactive material or  substance.  
  
3. The PI Regulations apply to the importation of radioactive substances from all  countries.  
 
4. The importation of radioactive substances is regulated as a community protection measure  and 
to comply  with Australia's  international  obligations  under  the Basel  Convention  on the Control  of 
trans-boundary Movements of Hazardous Wastes . The PI Regulations are not intended to  restrict 
the quantity or volume of  imports.  
 
5. The control  on importation  of the specified  goods  is a statutory  requirement  under  Regulation  4R 
of the PI Regulations  made  under  the Customs  Act 1901. The system  cannot  be abolished 
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 established  that the recipient/s taking possession 
of the radioactive substances have obtained the required radiation Licence, where  required,  
from the relevant  Commonwealth,  State or Territory radiation control authority.  For the 
import of radioactive  substances, the relevant Commonwealth, State or Territory radiation 
control authority is advised of  the application for permission to  import.  
 
(c) Permits may be issued at any period of the  year. 
 
(d)  A permit  is issued  by the Minister  for Health,  the CEO of ARPANSA  or an Australian  Public  
Service  employee  assisting  the CEO appointed  in writing  by the Minister  as an authorised  
officer. Applications to import radioactive materials or articles containing  radioactive  materials  
must be made  to ARPANSA  on Form ARPANSA  20, "Application  for Customs Prohibited 
Import Release for Medical Radioisotopes", or on ARPANSA -FORM -1704,  "Application for 
Permission to Import Non -Medical Radioactive  Substances" or on ARPANSA -FORM -1705, 
“Application for permissi on to import non -medical radioactive substances - Twelve month 
permit”. These  forms,  and instructions  for completing  the forms,  are available  on the 
ARPANSA  website  (https://www.arpansa.gov.au/regulation -and-licensing/licensing/import -
export -permits ). 
 
Before submitting an application for permission to import, the recipien t/s taking possession of the 
radioactive substance must hold a  valid Radioactive Substances Licence, where required, from the 
relevant Commonwealth, State  or Territory radiation control authority. The licence number and 
licence details must be stated on  the application  form.  
 G/LIC/N/3/AUS/13  
 
- 62 - 
 
  8.  Application for permission to import can be refused on the discretion of the Minister for  Health.  
There  is no right of appeal  against  the Minister's  decision.  However,  an appeal  may be made  on 
the decision -making process itself under the Administrative Decisions (Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) All persons, firms and institutions are eligible to apply for permission to  import  
 
Documentation and other requirements for application for licence  
10.   For permission to import, applications must be made in writing to ARPANSA on the appropriate 
form available on the ARPANSA website: https:// www.arpansa.gov.au/ . The  application  should 
include the following  information on the permit application form:  
 
• Applicant’s name and  address;  
• end users name and  address;  
• storage premises details ; 
• details of the radioactive  substance;  
• details of the goods to be imported;  and 
• details of the Radioactive Substance  Licence.  
 
Application forms are available on the ARPANSA Website  (https://www.arpansa.gov.au/ regulation -
and-licensing/licensing/import -export -permits ). 
 
11. The written permission from the Minister of Health, or an authorised officer, an approved signed 
import permit, is required to be produced on import.  
 
12. ARPANSA has an administrative charge for the granting of a single shipment permit, and for the 
granting of a Twelve -Month Permit as per the charge fee structure on the ARPANSA website: 
https:// www.arpansa.gov.au/regulation -and-licensing/licensing/import -export -permits . 
 
13. There is no deposit or advance payment requirement associated with the issue of  permits.  
 
Conditions of licensing  
14. Permits for the importation of medical or non-medical radioisotopes may apply to one 
consignment only, or may apply for a number of importations for a specified twelve -month period 
(Twelve Month Permit). Twelve -Month Permits are issued for the importation of radiopharmaceutical 
drugs registered on  the Australian Register for Therapeutic Goods (ARTG) and for low hazard 
radioactive materials. The holder of a Twelve -Month Permit is required to confirm that the distributor 
requesting the product(s) holds an appropriate radiation licence or is exempt fr om radiation 
licensing.  A single shipment permit is valid for six (6) months.  
 
15. There is no penalty for the non -utilisation of a permit or a portion of a  permit.  
 
16. Permits are not transferable between  importers or permit applicants.  
 
17. 
(a) Not app licable.  
 
(b) Permission  granted  under  Regulation  4R of the PI Regulations  may specify  conditions  or 
requirements to be complied with by the holder of the  permission.  
 
All forms  and requirements  for import  of radioactive  substances  can be found  on the ARPANSA  
website at  https://www.arpansa.gov.au/regulation -and-licensing/licensing/import -export -permits . 
 
Other procedural requirements  
18.  No.  
 G/LIC/N/3/AUS/13  
 
- 63 - 
 
  19.  Not applicable.  
 
26  ROUGH DIAMONDS  
Outline of System  
1. Australia is a participant to the Kimberley Process (KP) and the Kimberley Process Certification 
Scheme (KPCS). Australian legislation implements our obligations under this international 
agreement.  
 
The impo rtation of rough diamonds is prohibited under regulation 4MA of the Customs (Prohibited 
Imports) Regulations 1956 unless the diamonds are; transported in a tamper -proof container, 
exported from a country that is a participant of the KPCS , and accompanied by a valid KP Certificate. 
KP Certificates are issued by the relevant export authority in the country exporting the goods to 
Australia. An original and valid KP Certificate must be presented to the Australian Border Force (ABF) 
at the tim e of importation.  
The importer must retain the original KP Certificate for a period of five years after the time of 
importation. The certificate must be made available to the Department of Industry, Innovation and 
Science (DIIS) if requested.  
 
The Departme nt of Foreign Affairs and Trade (DFAT) is Australia’s lead Policy KP Focal Point, the ABF 
within the Home Affairs Portfolio is the import authority for the KPCS in Australia and the Department 
of Industry, Innovation and Science (DIIS) is the export author ity for the KPCS in Australia.  
 
Purposes and coverage of licensing  
2. The KP is an international agreement aimed at preventing the entry of ‘conflict diamonds’ into the 
legitimate global supply chain. The trade in conflict diamonds is a matter of serious i nternational 
concern, which can be directly linked to the fuelling of armed conflict, the activities of rebel 
movements aimed at undermining or overthrowing legitimate governments, and the illicit traffic in, 
and proliferation of small arms and light weapo ns. 
 
Rough diamonds mean diamonds that are unworked or simply sawn, cleaved or bruted and fall under 
the relevant Harmonised Commodity Description and Coding System 7102.10, 7102.21 and 
7102.31.  
 
3. The KPCS is an international certification scheme that ou tlines the rules and standards that govern 
global trade and production of all rough diamonds, and applies to all Participant countries of the KP.  
Participants of the KP must meet the terms of KPCS, including issuing export certificates to verify 
rough dia monds are conflict free.  
 
Under the terms of the KPCS participants must:  
• Satisfy minimum requirements and establish national legislation, institutions and 
import/export controls.  
• Commit to transparent practices and to the exchange of critical statistical data. 
• Trade only with fellow members who also satisfy the fundamentals of the agreement.  
• Certify shipments as conflict -free and provide the supporting certification.  
 
4. The KPCS  is not intended to restrict the quantity or value of imports.  
 
5. The control of imports of rough diamonds is a statutory requirement under regulation 4MA of the 
Customs (Prohibited Imports) Regulations 1956 , made under the Customs Act 1901 . The system 
cannot be abolished without legislative approval.  
 
Procedures  
6. Not applicable.  
 
7. (a)  Application for and issue of a KP Certificate needs to be made in advance of arrival of the 
goods.  
 G/LIC/N/3/AUS/13  
 
- 64 - 
 
  (b) KP Certificates are not normally issued immediately. The time ta ken to issue a KP Certificate 
is dependent on the time taken for completion of a number of checks by the exporting 
authority issuing the certificate. In some cases, this may take up to several weeks.  
 
(c) No, permits may be issued at any period of the year . 
 
(d) KP Certificates are only issued by the exporting authority of a recognised KP Participant. KP 
Certificates are presented to the importing authority of a recognised KP Participant on import.  
 
8. Application for a KP Certificate to export rough diamon ds can be refused at the discretion of the 
Exporting Authority in the exporting country. Reasons for refusal may or may not be provided to the 
applicant, and will depend on the exporting authority protocols and internal controls.  
 
Eligibility of importers  to apply for licence  
9. (a)  Any person, firm or institution is eligible to apply to an authorised KP Participant exporting 
authority for a KP Certificate.  
(b) Not applicable.  
 
Documentation  and other requirements for application for licence  
10. For permission to import rough diamonds, the importer must apply for a KP Certificate from the 
Exporting authority of the export country. Applications are made in writing and must provide the 
following:  
 
• importer’s name and address ; 
• proof of origin of rough diamonds being exported ; 
• original receipt of purchase of rough diamonds ; 
• an affirmative statement declaring all rough diamonds are produced from legitimate sources 
and are not conflict diamonds ; 
• country of import ; 
• carat weight ; 
• total value ; 
• any other  information as requested by the KP Participant exporting authority.  
 
11. The original KP Certificate must be presented to the ABF at the time of importation.  
 
12. Fees and charges for the issue of a KP Certificate is at the discretion of the KP Participan t. Some 
KP Participants do charge a fee, while others do not.  
 
13. Not applicable.  
 
Conditions  of licensing  
14. A KP Certificate is typically valid for a two-month  period. However, KP Exporting Authorities can 
determine different expiry timeframes as requi red. This may be the case for frequent exporters. KP 
Certificates cannot be extended. If a KP Certificate is not presented to an importing authority of a 
KP Participant country prior to the expiry date, the exporter must apply for a new KP Certificate.  
 
15. There is no penalty for the non -utilisation of a KP Certificate.  
 
16. KP Certificates are not transferable between importers.  
 
17. Specified conditions for issuing a KP Certificate are set out by each individual KP Participant.  
 
Other procedural  require ments  
18. No.  
 
19. Not applicable.  
 G/LIC/N/3/AUS/13  
 
- 65 - 
 
  27  SECURITY SENSITIVE AMMONIUM NITRATE  
Outline of System  
1.  The importation of security sensitive ammonium nitrate (SSAN) is prohibited under  the provisions 
of the Customs Act 1901  and Customs (Prohibited Imports) Regulations 1956 (PI Regulations)  unless:  
 
(a) Permission  has been granted  for the importation  by the state/territory  authority  where  the 
goods  will be located  immediately  after arrival  and that is presented  to Home Affairs  at the 
time of importation;  or 
(b) the state/territory does not require permission to  import.  
 
A licence is required to import SSAN into the following States and Territories:  Queensland,  
New South Wales, Australian Capital Territory, Victoria, Tasmania, Western Australia and South  
Australia.  
 
Purposes and coverage of licensing  
2. The goods covered include security sensitive ammonium nitrate (SSAN). SSAN is  ammonium  
nitrate, a mixture or emulsion made up of more than 45% ammonium nitrate, but not  ammonium  
nitrate in  solution.  
 
3. The PI Regulations  apply  to the importation  of goods  from all countries.  
 
4. The importation of SSAN is regulated as a community protection measure. SSAN is a chemical  of 
security concern and is regulated by the states/territories under dangerous goods legislation. The PI 
Regulations are not intended to restrict the quantity or volume of  imports.  
 
5. The control on importation of the specified goods is a statutory requirement under Regulation 4X of  
the PI Regulations  made  under  the Customs  Act 1901. The system  cannot  be abolished  without  
legislative  approval.  
 
Procedures  
6. Not applicable.    
 
7. (a) Applications  for import  licences  should  be made  at least 7 working  days in advance  of the 
importation.  Licences are granted by state/territory authorities. Where other licences  for 
SSAN  are held (e.g. export) a shorter timeframe may  apply.  
 
(b) Licences cannot be issued immediately as the licence holders need to satisfy a number  of 
conditions  under  the relevant  state/territory  legislation  that the licence  is granted  under.  
 
(c) Licences may be issued at any period of the  year. 
 
(d) The licences  are specific  to each state/territory  within  Australia.  This means  that to import 
SSAN into more than one jurisdiction, multiple authorities need to be approached.  The licensing 
authority in each state/territory consults other government agencies in the licensing  process.  
 
8.  Licence  applicants  must satisfy  the requirements  of the legislation  in the relevant  jurisdiction.  
Appeal provisions are managed by those  jurisdictions.  
 
Eligibility of importers to apply for licence  
9. (a) Not applicable.  
 
(b) All persons, firms and institutions are eligible to apply for permission to import although  they 
must satisfy the requirements of the legislation in the jurisdiction where they are applying  for 
the licence.  
 G/LIC/N/3/AUS/13  
 
- 66 - 
 
  Documentation and other requirements for application for licence  
10.  Applications for licences must be made to the relevant State/Territory authority on  the approved 
form for that state/territory and include all relevant particulars. The documents  required to be 
submitted vary depending on the jurisdiction and whether the applicant holds other  licences  for 
SSAN or other dangerous  goods.  
 
The relevant agencies  are: 
 
State/Territory  Agency  
Queensland  Department of Mines and  Energy  
New South  Wales  WorkCover Authority  NSW 
25.1.  Australian Capital  Territory  WorkSafe  ACT 
25.2.  Victoria  WorkSafe  Victoria  
25.3.  Tasmania  WorkPlace Standards  Tasmania  
25.4.  Western  Australia  Department of Mines and  Petroleum  
25.5.  South  Australia  SafeWork South  Australia  
 
11. Where  permission  is required  in the state/territory  of importation,  the permission  from the 
relevant State/territory authority must be produced to the Australian Border Force on  import . 
 
12. Licensing fees are charged by the state/territory licensing authorities and vary depending on  the 
type of licence  sought.  
 
13. There is no deposit or advance payment requirement associated with the issue of  licenses.  
 
Conditions of licensing  
14.  Licensing periods vary in each jurisdiction. They range from 1 year to 5  years.  
 
15.  There is no penalty for the non -utilisation of a license or a portion of a  license.  
 
16.  L icenses are not transferable between  importers . 
 
17.  Licences may impose conditions to be complied  with. 
 
Other procedural requirements  
18. Not applicable.  
 
19. Not applicable.  
 
28  TABLET PRESSES AND ENCAPSULATORS  
Outline of System  
1. The importation  of tablet  presses and encapsulators s  prohib ited under  provisions  of the Customs  
Act 1901 and the Customs (Prohibited Imports) Regulations 1956 (PI Regulations)  unless the 
permission of  the Minister for  Home Affairs, or an authorised person, has been  obtained.  
 
Purposes and coverage of licensing  
2. Tablet presses are defined as any equipment which can be used for the compaction or moulding 
of powdere d or granular solids, or semi -solid material to produce coherent solid tablets. Encapsulates 
are defined as any equipment which can be used for the complete envelopment of powdered or 
granular solids, semi -solid material, liquids, or gases to produce coher ent solid capsules.  
 
3. The equipment may be manual, semi -automatic or fully automatic and may be not complete, 
temporarily or permanently inoperable, or unfinished.  
 
4.  The PI Regulations are not intended to restrict the quantity or volume of imports. A  permission  
can specify  conditions  or requirements  including  times  for compliance  and the number  of tablet G/LIC/N/3/AUS/13  
 
- 67 - 
 
  presses  allowed  to be imported.  The Minister  or an authorised  person  has the power  to revoke  
permission where the holder does not comply with a condition or requirement. The  manufacture  
and distribution of amphetamine type stimulants is a serious problem in Australia and  preventing 
the importation of tablet presses for use in illicit markets is an important way of reducing  domestic  
production.  
 
5.  The control  on the specified  goods  is a statutory  requirement  under  Regulation  4G of the PI 
Regulations  made under the Customs Act 1901 . The control cannot be abolished without legislative  
approval.  
 
Procedures  
6. Not applicable.  
 
7. Where there is no quantitative limit on importation of a product or on imports from a  particular  
country:  
 
(a)  Application should be made in advance of arrival of the  goods.  
(b)  A permit to import would not normally be granted immediately as some conditions must be 
fulfilled. Checking of applicants’ suitability to hold a permit generally takes some time and 
therefore permits cannot generally be issued immediately upon request.  The application 
process generally takes 6 to 8 weeks. In some circumsta nces this process may take longer as 
the Department of Home Affairs relies on other law enforcement agencies to provide 
information to enable the authorised officer to make an informed decision on each application.  
 
(c) Permits may be issued at any period of the  year. 
 
(d) Granting permission for the importation of tablet presses involves state and territory 
authorities and the Department of Home Affairs. Advice received from the relevant state or 
territory police force and the Australian Criminal Intellige nce Commission (ACIC) plays a major 
role in the decision -making  process. The Department of Home Affairs takes the responsibility 
to contact state and territory authorities as part of the decision -making  process.  
 
8.  Application  for permission  to import  can be refused  at the discretion  of the relevant  Minister.  
Reasons  for refusal  are given  to applicants.  Applicants  refused  permission  to import  may appeal 
the decision -making process under the Administrative Decisions (Judicial Review) Act  1977.  
 
Eligibility of importers to apply for licence  
9.  All persons, firms and institutions are eligible to  apply.  
 
Documentation and other requirements for application for licence  
10.  Applications must be made in writing to the Minister for Home Affairs  or an authorised person. 
The application should include supporting documentation to possess  the goods and/or any relevant 
end user evidential documentation. The application form can be  found at:  
https://www.abf.gov.au/form -listing/forms/b712.pdf .   
 
11. The original permission from the Minister or authorised person is required upon  importation.  
 
12. There is no licensing  fee. 
 
13. There is no deposit or advance payment requirement associated with the issue of  licenses.  
 
Conditions of licensing  
14.  T he permission is valid for 12 months from the date of signature. However, the Minister may 
specify a time period for the validity of the permission.  
 
15.  There is no penalty for the non -utilisation of a license or a portion of a  licence.  
 
16.  Permits/licenses are not transferable between  importers.  G/LIC/N/3/AUS/13  
 
- 68 - 
 
  17.  Conditions may be imposed on the permission and quantities are  specified.  
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
29  THERAPEUTIC SUBSTANCES AND GOODS  
Outline of System  
1.  Importation into Australia of therapeutic goods for human use is controlled under  the Therapeutic 
Goods Act 1989 , and its Regulat ions, and the Customs (Prohibited  Imports) Regulations 1956 (PI  
Regulations).  
 
Under  the Therapeutic  Goods  Act 1989, therapeutic  goods  may not be imported  into Australia  
unless  they are registered,  listed  or included  in the Australian  Register  of Therapeutic  Goods 
(A RTG) or specifically  exempt  from this requirement.  One exemption  is for personal  importation  of 
therapeutic goods. Under Schedule 5 of the Therapeutic Goods Regulations 1990, an  individual  may 
import  a therapeutic  good into Australia  on their person,  or arrange  from within  Australia  for a 
therapeutic  good to be sent to them from an overseas  supplier,  subject  to the following:  
 
• the goods  are to be used by that individual  or a member  of his/her  immediate  family  and 
are not sold or supplied to any other  person;  
• the quantity  imported  may not exceed  three  months'  supply  per importation  and the total 
quantity imported per year cannot exceed 15 months' supply at  the manufacturer's 
recommended maximum  dosage;  
• substances, which are a prohibited import under the PI Regulations, may not  be imported 
without an import  permit;  
• products  which  are injections  containing  material  of human  or animal  origin  (except 
insulin) may not be imported as personal imports, without permission from  the Therapeutic 
Goods  Administration;  
• products  which  are “biologicals”,  as defined  under  the Therapeutic  Goods  Act 1989, may  
not be imported  as personal  imports,  without  permission  from the Therapeutic  Goods 
Administration;  and 
• in order to import any product which is a prescription medicine (substances  in Schedules 4 
or 8 of the Standard for the Uniform Scheduling of  Medicines  and Poisons), the importer 
must have a prescription issued by a medical  practitione r registered in an Australian State 
or Territory (Note: medicines carried by a  passenger  on a plane or ship are an exception to 
this requirement, however, an import licence  is still required  in the case of medicines  in 
Schedule  4 of the PI Regulations  if the passenger does not have a  prescription).  
 
Importation of certain substances is prohibited under regulations 5, 5G and 5H of the  PI Regulations  
except  with the permission  of the Secretary  of the Australian  Department  of Health.  These 
substances include antibiotics, certain hormones and other substances, including anabolic or 
androgenic substances (included in Schedules 7A of the  PI Regulations). Substances of human or 
animal origin are not  prohibited imports per se. 
 
Importation  of narcotic  drugs,  psychotropic  substances  and related  chemicals,  including  kava,  is 
also controlled under the PI Regulations. Those controls are described separately in  this document,  
in the section  titled “Narcotic  Drugs,  Psychotropic  Substances  and Related  Chemicals”.  
 
Purposes and coverage of licensing  
2.  Import permits are issued under the PI Regulations both for goods approved for marketing  in 
Australia and for “unapproved” goods where supply is considered appropriate (e.g. in the  context of 
clinical trials or special patient access). The therapeutic substances/goods covered  are: 
 
• Goods to which regulation 5G of the PI Regulations refer, that is, goods,  which  are, listed in 
Schedule 7A to the Regulations. Schedule 7A currently lists  therapeutic  goods which are 
mostly, hormones. Exemption applies  where:  G/LIC/N/3/AUS/13  
 
- 69 - 
 
  o the substance is required for the medical treatment of a person who is a passenger  
on a ship or aircraft;  and 
o the substance is imported into Australia on the  ship or aircraft;  and 
o the substance was prescribed by a medical practitioner for that treatment;  and 
o 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.  
 
However, the above exemption does not apply if the goods are required for the medical  treatment 
of a person who is an athlete within the meaning of section 4 of the Australian Sports  Anti-Doping  
Authority Act 2006 ; or a person who has come to A ustralia for purposes relating to  the performance  
of a competitor  or the management  of a competitor  or a competitor’s  interest.  
 
3. The regulation applies to the importation of therapeutic goods from all  countries.  
 
4. The controls under the Therapeutic Goods Act 1989 safeguard public health in Australia  through  
regulation  of the quality,  safety  and efficacy  or performance  of therapeutic  goods  intended  for 
supply in  Australia.  
 
The controls under the PI Regulations are intended to restrict entry to Australia of substances  that 
may be the subject of abuse in one form or another, or pose a risk to public health such that  they 
should not be accessible to the general public via personal import arrangements. T he importation  of 
antibiotics is regulated as a public health measure. It also allows information on the  distribution  and 
consumption of antibiotics in Australia to be obtained. Goods listed in Schedules 7A and 8 to  the PI 
Regulations are those known to be  associated with particular hazards or  concerns,  which warrant 
restriction or prohibition of their use. The PI Regulations are not intended to  restrict the quantity or 
volume of  imports.  
 
5. The controls on importation of therapeutic goods are statutory requirements under  the 
Therapeutic  Goods  Act 1989, and associated  regulations,  and under  the Customs  Act 1901, and 
associated PI Regulations. The system cannot be abolished without legislative  approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) Application for importation should be made in advance of the arrival of the goods. In  certain  
circumstances, import permission can be given for goods which have inadvertently arrived  at 
the point of  entry.  
 
(b) Permits may be issued immediately if a genuine emergency  exists.  
 
(c) Permits may be issued at any period of the  year. 
 
(d) Applications  for import  permits  under  regulations  5, 5G and 5H of the PI Regulations  are 
processed and issued within the Department of  Health.  
 
8.  If an import  permit  under  regulations  5, 5G or 5H of the PI Regulations  is refused,  the 
applicant is notified in writing of the reasons for refusal. A request for review of the refusal can be 
made to the Australian Government Minister who administers the Therapeutic Goods Act  1989, 
within 90 days after the decision first comes into the importer’s notice. In the case of  the applicant 
being dissatisfied with the Minister’s finding, an application for a review of the  Minister’s decision 
can be made to the Adminis trative Appeals Tribunal. In addition, an appeal may be  made  on the 
decision -making process itself under the Administrative Decisions (Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) All persons, firms and institutions are eligible to apply for permission to import provided they  
are domiciled in Australia. They must also comply with any State/Territory  legislation  relating 
to manufacture and  wholesale.  G/LIC/N/3/AUS/13  
 
- 70 - 
 
  Documentation and other requirements for application for licence  
10.  For permission  to import  goods  specified  in Schedule  8 (Regulation  5H of the PI Regulations)  
the written application must  include:  
 
• importer's name and address;  
• full details of the product proposed for import;  
• supervising doctor's prescription, if applicable;  
• State/Territory Schedule 4 (prescription only medicine) licence number (if applicable);  
• depending on the nature of the goods and the intended purposes, further documentation or 
evidence may be required.  
 
11. Import  authorisation  is usually  issued  in the form of a permit,  but may be by letter  of 
authority.  
12. There is no licensing fee or administrative  charge.  
 
13. There is no deposit or advance payment requirement associated with the issue of  licences.  
 
Conditions of licensing  
14. Import permits may apply to one consignment only, or remain valid for successive consignments 
within a stated period (usually one year).  
 
15. There is no penalty for the non -utilisation of a permit or a portion of a  permit.  
 
16. Permits are not transferable between  importers.  
 
17. Permits issued for substances in Schedules 7A  and Schedule  8 of the PI Regulations are subject 
to individual quantitative restrictions. However,  there  is no annual quota or annual quantitativ e 
restrictions applicable to these goods required under  the legislation or under an international  
agreement.  
 
The quantitative restriction applies to individual importers as a condition of the import permit  and 
is based on established need and end  use. 
 
Import permits may also cite such matters  as: 
 
• compliance with other State, Territory and Commonwealth laws;  
• the subsequent use of the therapeutic good;  
• the custody, use, disposal or distribution of the imported goods;  
• the keeping of records relating to th e imported goods; and/or  
• a time restriction within which the importation must occur.  
 
Other procedural requirements  
18.  Importers of therapeutic goods for commercial supply should familiarise themselves with  the 
requirements  of the Therapeutic  Goods  Act 1989 in relation  to the importation  of therapeutic  
goods for supply in Australia. Further information is available at   http://www.tga.gov.au/ . 
 
19. Not applicable.  
 
30  TOBACCO  PRODUCTS  
Outline of System  
1. The importation of tobacco products is prohibited under provisions of the Customs Act 1901 
(Customs Act) and regulation 4DA of the Customs (Prohibited Imports) Regulations 1956 (PI 
Regulations) unless specific permission of the Minister, or an authorise d person, has been granted.  
 
Purposes and coverage of licensing  
2. The prohibition applies to all tobacco products (as defined by the Customs Act 1901):  G/LIC/N/3/AUS/13  
 
- 71 - 
 
  • Tobacco of a kind specified in regulation 4D of the PI Regulations;  
• Chewing tobacco and snuffs intende d for oral use;  
• Cigars;  
• Tobacco products:  
o That are prescribed by by -law for the purposes of item 15 of Schedule 4 to the 
Customs Tariff Act 1995; and  
o That are imported by passengers, or members of the crew, of ships or aircraft; and  
o On which duty is not p ayable.   
 
3. The Customs (Prohibited Imports) (Importation of Tobacco Products) Approval 2019 also provides 
permission for certain importers of tobacco to do so without obtaining a permit from the Minister (or 
authorised delegate), subject to meeting cert ain conditions. The system applies to all eligible tobacco 
products originating from all countries.  
 
4.  The PI Regulations are not intended to restrict the quantity or volume of imports. The importation 
of tobacco products is regulated to reduce the trade  in illicit tobacco and to further protect the public 
health.  
 
5.  The control on the specified goods is a statutory requirement under Regulation 4DA of the PI 
Regulations made under the Customs Act 1901 . The control cannot be abolished without legislative  
approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) The Australian Border Force standard for issuing permissions is 28  days from receipt of all 
required information.  
 
(b) Licenses cannot be granted immediately on request.  
 
(c) There are no limitations as to the period of the year during which an application for a tobacco 
import permission may be made.  
 
(d) The application for a tobacco import permission is considered in its entirety by the ABF. 
However, the ABF may contact external agencies to obtain relevant information in considering 
a permit application.  
 
8. In considering whether to grant a permission, the Minister or authorised person may consider any 
relevant matter.  
 
The Minister or authorised person may grant a permission subject to  conditions or requirements, 
specified in the permission, that are to be complied with by the holder of the permission.  
 
Where a permit is refused, the applicant will be advised in writing of the decision and the reasoning 
behind the decision.  
 
Eligibili ty of importers to apply for licence  
9.  All persons, firms and institutions are eligible to apply for a tobacco import permission. However, 
an applicant must have a valid Australian Business Number (issued by the ATO) or an ABF Customer 
Reference Number ( CRN) prior to submitting an application for a tobacco import permission.  
 
Documentation and other requirements for application for licence  
10.  An application for a tobacco import permission must be made in writing to the ABF. Application 
forms can be foun d at: https://www.abf.gov.au/tobacco .  
 
As part of the application process, applicants are also required to supply the following information:  
 
• Name, address, ABN/CRN and other contact details;  
• Details of the type of tobacco product to be imported; and  G/LIC/N/3/AUS/13  
 
- 72 - 
 
  • The intended use for the imported tobacco products (i.e. personal or commercial).  
 
The Minister or authorised person may seek additional information to the above should it be deemed 
necessary to make an infor med decision on an importer 's application.  
 
11. The ABF may require the original permission from the Minister or authorised person to be 
produced upon importation in addition to the normal importation documentation required by Home 
Affairs.  
 
12. There are no fees associated with applying for or obtaining the permission.  
 
13. There is no deposit or advance payment requirement associated with the issuance of tobacco 
import permissions.  
 
Conditions of licensing  
14. The validity period for a toba cco import permit is at the discretion of the Minister or authorised 
person, having regard to all relevant information relating to the applicant.  
 
15. There is no penalty for the non -utilisation of a tobacco import permission.  
 
16. Tobacco import permissi ons are not transferrable.  
 
17. The Minister or authorised person may grant a permission subject to conditions or requirements, 
specified in the permission, that are to be complied with by the holder of the permission.  
 
Other procedural requirements  
18. There are no other administrative producers, apart from the requirement to obtain a permission, 
required prior to importation.  
 
19. Not applicable.  
 
Links to legislation:  
 
• Customs Act 1901 –  
 https://www.legislation.gov.au/Details/C2019C00226   
• Customs (Prohibited Imports) Regulations 1956 - 
https://www.legislation.gov.au/Details/F2019C00654  
• Customs (Prohibited Imports)(Impor tation of Tobacco Products) Approval 2019  
 https://www.legislation.gov.au/Details/F2019L00522  
• Customs Tariff Act 1995 –  
 https://www.legislation.gov.au/Details/C2019C00178   
 
31  UNMANUFACTURED TOBACCO LEAF  
Outline of System  
1. The importation of unmanufactured tobacco leaf is prohibited under provisions of the  Customs 
Act 1901 (Customs Act) and the Customs (Prohibited Imports) Regulations 1956 (PI  Regulations) 
unless the permission of the Commissioner of Taxation, or an authorised person, has  been obtained. 
Permission from the Commissioner requires an Excise licence to manufacture tobacco  or a licence 
to deal in tobacco products, granted under the Excise Act 1901 (Excise Act). In  addition,  the site 
where imported tobacco leaf is to be dealt with must be licensed under the Customs  Act. 
 
Purposes and coverage of  licensing  
2. The goods covered include tobacco that is not stemmed or stripped and includes whole  tobacco  
plants or leaves in the natural state, or as cured or fermented leaves. Licensed  tobacco  
manufacturers  and dealers  who also hold a permission  to import unmanufactured  tobacco  leaf 
(permission) are able to import these goods as an input to manufacture or more generally deal  in 
tobacco seed, plant or  leaf. G/LIC/N/3/AUS/13  
 
- 73 - 
 
  3. The system applies to unmanufactured tobacco leaf originating from all  countries.  
 
4.  The PI Regulations are not intended to restrict the quantity or volume of imports.  The importation 
of unmanufactured tobacco leaf is regulated to limit access to those licensed  as manufacturers or 
dealers and therefore reduce illicit  production.  
 
5.  The control  on the specified  goods  is a statutory  requirement  under  Regulation  4D of the PI 
Regulations made under the Customs Act 1901 . The control cannot be abolished without  legislative  
approval.  
 
An Excise  licence  for tobacco  is a legislative  requirement  under  Sections  25 (Manufacturers)  and 
33 (Dealers) of the Excise Act. There is no administrative discretion – manufacturers or dealers  in 
tobacco leaf must be licensed under the Excise Act. The control cannot be abolished  without 
legislative  approval.  
 
A Customs  warehouse  licence  is issued  under  Section  79 of the Customs  Act 1901. Anyone  
intending to use imported goods in excise manufacture must enter those goods for warehousing  in 
a Customs licensed warehouse. Those goods must then be administratively transferred to an  entity  
holding a tobacco manufacture or dealers licence issued by the Australian Tax Office (ATO)  under  
the Excise  Act. There  is no administrative  discretion  – imported  tobacco  leaf must be entered  for 
warehousing. The control cannot be abolished without legislative  approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) The ATO standard  for issuing  manufacturer  licences,  dealers’  licences  or permissions  is 
28 days from receipt of all required information. The same standard is applied to the issuing  
of ATO issued warehouse licences under S79 of the Customs  Act. 
 
(b) No. 
 
(c) No. 
 
(d) Yes, the application for an Excise licence and a permission is considered in its entirety by  the 
ATO. From 1 July 2010,  the ATO took over the administration  of excise  equivalent  goods 
(EEGs) under delegation from the Department of Home Affairs  (Home Affairs).  As imported 
tobacco leaf can only be imported into Australia by entering it into a  warehouse  licensed under 
the Customs Act,  the ATO has responsibility for licensing any warehouse  that would store this  
product.  
 
8. Failure to meet the ordinary criteria, as described in sections 39, 39A, 39B & 39C of the Excise 
Act, are grounds for refusing to grant a manufacturer or dealer licence. These grounds include where 
the applicant is not deemed fit and proper, the applicant does not have the skills and experience to 
carry out the activity, or the applicant does not have a market for the goods.  When a licence is 
refused, the applicant is provided with reasons for the decision in writing. Applicants have a right to 
object under section 39Q of the Excise Act.  
 
Sections  80 and 81 of the Customs  Act are the key requirements  that are considered  when  
assessing  an application  for a Customs  warehouse  licence.  These  grounds  are similar  to those  
listed  in the Excise  Act. When  a licence  is refused,  the applicant  is provided  with reasons  for the 
decision in writing. Applicants have a right to object to the Administrative Appeals Tribunal  under  
section 273GA(1)(b) of the Customs  Act. 
 
Regulation  4D of the PI Regulations  states  that consideration  must be given  to the applicant’s 
compliance  with the Excise  Act and any other  relevant  matters  when  assessing  a permission  to 
import unmanufactured tobacco leaf. The same regulation allows a person who is dissatisfied  with 
a decision to object to it in the manner set out in Part IVC of the Taxation Administration Act  1953. 
 G/LIC/N/3/AUS/13  
 
- 74 - 
 
  Eligibility of importers to apply for licence  
9.  Yes. As long as the person  or business  has a site to be licensed  in Australia  they can apply.  
Excise and Customs licences are linked to sites as well as the individual or company  applying.  Each 
site operated  by a single  entity  must be licensed  separately  so that the licence  application  can 
be assessed  in terms  of appropriateness  of site security,  plant and equipment,  and stock  
recording for each  site. 
 
In relation to the permission, the entity must hold either an Excise manufacturer or dealer  licence,  
and the site where  imported  tobacco  is to be dealt with must be licensed  under  the Customs  
Act 1901. 
 
Documentation and other requirements for application for licence  
10.  An application  for a Licence  to Manufacture  Tobacco  must be made  in writing  to the ATO. 
Application forms can be found at:  https://www.ato.gov.au/Forms/Licence -to-manufacture - 
tobacco/  
 
To obtain an Application to deal in tobacco seed, plant or leaf the applicant will need to contact  the 
ATO. 
 
The application for a warehouse licence issued under S79 of the Customs Act can be found  at: 
https://www.ato.gov.au/business/excise -and-excise -equivalent -goods/excise -equivalent -goods - 
(imports)/customs -warehouse -licences/  
 
If an applicant is applying for the first time, that applicant will be required to complete a  Consent to 
a Criminal Record History Check and a Declaration of criminal  history.  
 
Applicants are also required to s upply the following  information:  
 
• Name, address, ABN and other contact  details;  
• Details of the premises where the activity will occur including certified copies of the  floor 
plan of the proposed licence  site; 
• Supplier’s name and  address;  
• Quantity of  product.  
 
Finally, during the review process the applicant may be required to send additional documents  in 
support  of their claims  - for example,  a business  plan, evidence  of a market,  details  of security  
arrangements or insurance policy  details.  
 
There  is no specified  application  form for the import  permission,  although  a written  application  
must be lodged providing the Commissioner with any information he reasonable requires to make  
his decision.  
 
11. The original permission from the Commissioner or authorised person must be produced  upon 
importation in addition to the normal importation documentation required by  Home Affairs.  
 
12. There  are no fees associated  with the Excise  licences  or the permission.  There  are fees 
associated with t he customs warehouse licence. The initial application fee is A$3000 and the  grant 
charge is A$4,000. There is an annual renewal fee of  A$4000.  
 
13. No.  
 
Conditions of licensing  
14. A licence  to manufacture  or deal in tobacco  is valid for 3 years  and must be renewed  before  
the end of the 3 -year period. The validity of a licence can be extended if it is approved for  renewal 
by the ATO. The associated permission is valid for the same period as the licence although,  rather  
than being renewed, it must be r e-issued. This is an administrative requirement  only. 
 
In contrast,  a warehouse  licence  is valid for 1 year only and must be renewed  annually.  The 
validity  of a licence  can be extended  if it is approved  for renewal  by ATO staff operating  under  
Customs  delegation.  G/LIC/N/3/AUS/13  
 
- 75 - 
 
  15. No.  
 
16. Excise manufacturer, dealer or Customs warehouse licences are not transferable.  Although  the 
ATO licenses the site, the licence cannot be transferred and any change in ownership  would require 
a new licence application. The permission also is not  transferable.  
 
17. (a) Not applicable.  
 
(b) Section  39D of the Excise  Act and section  82 of the Customs  Act 1901 allow the ATO to 
apply  conditions  to a licence  to protect  the revenue  or to facilitate  compliance  with the 
relevant Acts. There are no limitations on the conditions that can be applied on a  permission  
under Regulation of the Customs PI  Regulations.   
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
Links to  legislation:  
 
• Excise Ac t 1901:  https://www.legislation.gov.au/Details/C2015C00361    
• Customs Act  1901: https://www.legislation.gov.au/Details/C2016C00066   
• Customs (Prohibited Imports) Regulations  1956: 
https://www.legislation.g ov.au/Details/F2016C00106   
• Taxation Administration Act 1953:  https://www.legislation.gov.au/Details/C2016C00009   
 
32  VIABLE MATERIAL DERIVED FROM HUMAN EMBRYO CLONES  
Outline of System  
1. The Prohibition of Human Cloning for Reproduction Act 2002 (section 23C) required the  Minister  
who administers  the Customs  Act 1901 to make  regulations  “permitting,  subject  to appropriate 
conditions  or restrictions,  the import  and export  of human  embryonic  stem cell lines which  have 
been derived from human embryo clones using practices consistent with Australian  legislation”.  
 
The relevant regulation is regulation 5L of the Customs (Prohibited Imports) Regulations 1956. The  
regulations  prohibit  the import  of viable  material  derived  from human  embryo  clones  unless the 
Minister administering the Prohibition of Human Cloning for Reproduction Act 2002, or an authorised 
person has granted permission in writing and the permission  is produced a t or before the time of 
import.  
 
Although the first embryonic stem cell lines from human embryo clones were reported in  May 2013,  
a request  for permission  to import  such material  has not yet been made.  Details of the permit 
system will be developed as required and prospective importers can  contact  the National  Health  and 
Medical  Research  Council  (NHMRC)  for information.  
 
Purposes and coverage of licensing  
2. The permit system relates to the import or export of viable material derived from human  embryo 
clones and is necessary to give effect to the legislative requirements of the Prohibition  of Human  
Cloning  for Reproduction  Act 2002 and the related  Research  Involving  Human  Embryos  Act 2002 . 
Viable material means living tissues and  cells. 
 
3. The system  applies  to any viable  material  derived  from human  embryo  clones  originating  in 
Australia or coming from other  countries.  
 
4. The Prohibition of Human Cloning for Reproduction Act 2002 is intended to prohibit the  import or 
export of viable material derived from human embryo clones unless the Minister or  an authorised 
person has granted  permission.  
 
5. The relevant legislation is cite d above at question 1.  G/LIC/N/3/AUS/13  
 
- 76 - 
 
  Obtaining a permit under the legislation is a statutory requirement in all circumstances. All materials 
covered by the definition of “viable material” derived from a “human embryo clone” will require a 
permit. This is not subject to administrative discretion. The system cannot be abolished without 
legislative approval.  
 
Procedures  
6. Not applicable.  
 
7. (a) An application  for a licence  should  be made  well in advance  of the proposed  import  or 
export.  As the details  of the system  have not been finalised  it is not possible  to provide  
specific  information.  However,  the time taken  to consider  an application  for a licence  will 
vary depending  on the circumstances  of the import  or export  and the completeness  of 
information  provided.  
 
(b) It is unlikely  that immediate  granting  of a permit  will be possible  given  the information  
required and the time needed to assess  it. 
 
(c) No. 
 
(d) The NHMRC  will have responsibility  for administering  the permit  system  and will provide  
advice  to Home Affairs  on any permits  issued.   
 
8.  An application that meets the criteria will be granted a permit. Where an application is  refused,  
reasons are provided and applicants have a right of appeal to the Administrative Appeals  Tribunal.  
In addition,  an appeal  may be made  on the decision -making  process  itself under  the 
Administrative Decisions (Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. (a)  Not applicable.  
 
(b) Yes. However, a person or organisation seeking an import permit must satisfy the  Authorised  
Person  specified  in the regulations  that they are capable  of complying  with any conditions 
attaching to the  permit.  
 
In relation to persons or organisations applying for an export permit it is expected that  only 
the person or organisation that derived the viable material in Australia would be eligible to  
apply. Such persons or organisations would need to hold a licence issued under  the Research 
Involving Human Embryos Act 2002 autho rising the creation of the human  embryo  clone and 
derivation of viable material from  it. 
 
Documentation and other requirements for application for licence  
10. As noted  above  the details  of the permit  system  have not been finalised.  However,  the 
importer  or exporter  will be required  to demonstrate  that the viable  material  has been obtained 
using practices consistent with Australian legislation. This will include providing evidence that  the 
viable  material  has been derived  or obtained  legally  and ethically.  Information  and application  
forms will be available from the NHMRC website  (http://www.nhmrc.gov.au ). 
 
11. An approval  under  the Legislation,  such as a permit,  must be obtained  prior to import  or 
export and is required to be produced at the time of import or  export.  
 
12. There is no licensing fee or administrative  charge.  
 
13. There is no deposit or advance payment requirement associated with the issue of  permits.  
 
Conditions of licensing  
14. The period  of validity  of a permit  will be the period  set out in the permit.  Details  are not yet 
available.  
 G/LIC/N/3/AUS/13  
 
- 77 - 
 
  15. No.  
 
16. Given  the requirements  for obtaining  the permit,  it is unlikely  that the system  will allow for 
transfer of permits between importers or  exporters.  
 
17. The regulations allow for conditions to be attached to permits. The details of such  conditions  
have not yet been finalised.  Failure  to comply  with the conditions  can lead to revocation  of the 
permit.  
 
Other procedural requirements  
18. Customs and quarantine controls may be  relevant.  
 
19. Not applicable.  
 
33  WEAPONS AND CROWD CONTROL GOODS  
Outline of System  
1. The importation  of weapons  including,  daggers,  crowd  control  goods  and laser pointers  are 
regulated by the Customs Act 1901 and the Customs (Prohibited Imports) Regulations  1956.  
   
Purposes and coverage of licensing  
2. The goods covered are weapons, crowd control goods and laser pointers as specified  at 
Schedule  13 of the Customs (Prohibited Imports) Regulations 1956 (the Regulations), and firearms,  
firearm  accessories,  firearm  parts,  firearms  magazines,  ammunition,  components  of ammunition 
and imitation firearms as specified in Schedule 6 of the Regulations.  
 
The importation  of goods  specified  in Schedule 13 of the Regulations  is prohibited  unless  the 
written permission  of the Minister for Home Affairs, or an authorised person, is granted. Permission 
to import Schedule 13 weapons may be granted on the basis that certain conditions or requirements 
are met, such as the goods will only be supplied to law enforcement agencies and the importer holds 
the appropriate state or territory licence to possess the goods.  Applications for permission to import 
Schedule 13 weapons are processed throug h the Department of Home Affairs  (Home Affairs).  Some  
goods  specified  in Schedule  13 may be imported  with certification  from the police  in the state 
or territory of  residence.  
 
The importation of goods specified in Schedule 6 is prohibited unless the condi tions, restrictions  or 
requirements  specified  are complied  with and the written  permission  of the relevant authority 
is granted. Applications for the import of firearms and firearm -related articles are processed either 
by the Department of Home Affairs (where import permission can be granted by the Minister for 
Home Affairs or their delegate) or the relevant State or Territory policing agency. Generally speaking, 
firearms and firearm -related articles falling to lesser import controls can be impor ted with police 
certification, while the more highly controlled items require a Commonwealth (Department of Home 
Affairs) import permit.  
 
3. The regulations apply to importations from all  countries.  
 
4. The PI Regulations are not intended to restrict the q uantity or volume of imports.  Importers  must 
specify the quantity of goods when seeking to apply for single import permission. Ongoing permits  
can be issued  for Schedule  13 goods  for projects  requiring  multiple  shipments  of goods over a 
specified period of time.  
 
Controls on importation have been introduced as a community protection measure. The  monetary  
value is not a criterion for  control.  
5. The control  on importation  of the specified  goods  is a statutory  requirement  under the PI 
Regulations made under the Customs Act 1901 . The system cannot be abolished without legislative  
approval . 
 G/LIC/N/3/AUS/13  
 
- 78 - 
 
  Procedures  
6. Not applicable.    
 
7. (a) Application must be made in advance of arrival of the  goods.  
 
(b) Applications for permission to import can be processed immediately provided all  information  
is available  and the application  is considered  to be urgent.  Permission  itself cannot  be 
granted immediately, as the decision -maker must consider whether the importation  meets  
the requirements specified in the Regulations before giving written  permission.  
 
(c) Permits may be issued at any period of the  year. 
 
(d) Where the Commonwealth is the relevant authority for issuing an import permit, the Minister 
for Home Affairs or their delegate may also require state or territory approval for the  
possession  and sale of the goods. Applications for import permits required under Schedule 13  
are processed by Home Affairs or the relevant state or territory Police where appropriate.  
Applicatio ns for import permits required under Schedule 6 are processed by the  Department 
of Home Affairs, or the relevant State or Territory policing where  appropriate.  
 
8.  Application for permission to import can be refused at the discretion of the relevant Minis ter, (or 
their delegate) or police  representative.  Reasons  for refusal  are given  to applicants.  Depending 
on the circumstance,  appeal may be made under the Administrative Decisions (Judicial Review) 
Act 1977 or via judicial review applications made to the Federal Court.  
 
Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to  apply.  
   
Documentation and other requirements for application for licence  
10. Applications must be made in writing to the relevant aut hority. The  application  must include 
supporting documentation showing the importation complies with the  relevant conditions,  
restrictions  or requirements  specified. This generally includes confirmation  that the goods can be 
possessed or sold in the relevant State or  Territory.  
 
The application form for Schedule 13 goods can be found  at: https://www.abf.gov.au/form -
listing/forms/b710.pdf . 
 
The application form for Schedule 6 goods can be found  at: https://firearms.homeaffairs.gov.au/  
 
Importers must contact their state or territory police firearms registry when importing items  under  
police  certification.  
 
11. A  copy of the permissio n from the relevant authority is requir ed upon  importation.  
 
There is no licensing fee for applying to the Department of Home Affairs for an import permit. There 
is similarly no charge when an import application is subsequently approved or denied.  
 
12. The relevant authority that grants import permission may specify a time period for the validity 
of the  permission.  
 
13. There is no penalty for the non -utilisation of an import permit.  
 
Conditions of licensing  
14.  Permits and licenses are not transferable  between  importers.  
 
15. Conditions may be imposed on the import permit, and exact quantities subject to the import are  
specified.  
 
16. No . G/LIC/N/3/AUS/13  
 
- 79 - 
 
  17. The importation of a weapon or weapon part is also subject to the conditions (if any), set out in 
Part 3 of Sche dule 13.  
 
Other procedural requirements  
18.  No.   
 
19.  Not applicable.  
 
 
34  WOOLPACKS  
Outline of System  
1. The importation of woolpacks is prohibited under regulation 4K of the Customs (Proh ibited 
Imports) Regulations 1956 , unless an original test certificate has been issued or permission has 
been granted.  
 
To import woolpacks, an importer needs either:  
 
• an original test certificate stating that the unused woolpack conforms to the Australian Wool 
Exchange Standard as described in the Customs (Prohibited Imports) Regulations 1956; or  
• permission granted by the Minister for Agriculture or an authorised person.  
 
A valid test certificate or permission to import must be produced to the Australian Border Force at 
the time of importation. (Source: ABF website ) 
 
Regulation 4K(3) describes the relevant standard that woolpacks must conform to as the Australian 
Wool Exchange Standard No. 3, published on 1 July 2013.  
 
There are currently five woolpack prescribed testing authorities , which were approved for the 
purposes of the regulation in 2014 by then Minister Joyce.  
 
Purposes and coverage of licensing  
2. Unused  woolpacks  to be used for greasy  wool require  a test certificate  issued  by a prescribed 
testing  authority,  certifying  that the woolpacks  conform  to Australian  Wool Exchange  (AWEX) 
standard no  3. 
 
Unused woolpacks to be used for purposes other than greasy wool, require an import permission  
from the Minister for Agricultu re or an authorised person. Import  conditions  (conditions of use) may 
be applied to these  woolpacks.  
 
Second -hand woolpacks require an import permission from the Minister for Agriculture or an 
authorised person. The importation of second -hand woolpacks for  use as containers of greasy wool 
is not permitted. Conditions of use (see 17.) may be applied to  second -hand woolpacks.  
 
3. The regulations apply to the importation of woolpacks from all  countries.  
 
4. The importation of woolpacks is regulated to ensure adequate pack strength and to minimise fibre 
contamination of the Australian wool clip. Regulation 4K of the Customs (Prohibited Imports)  
Regulations 1956  is not intended to restrict the quantity or volume of woolpack imports.  
 
5. The control on importation of woolpacks is a statutory requirement under Regulation 4K of the 
Customs (Prohibited Imports) Regulations 1956 , made under the Customs Act 1901 .  
 
The designation of products to be subjected to licensing under this framework does not allow 
administrative discretion: woolpacks are a prohibited good that cannot be imported  without 
permission.   
 
The system cannot be abolished without legislative approval.  
 G/LIC/N/3/AUS/13  
 
- 80 - 
 
  Procedures  
6. Not applicable.  
 
7. (a) Applications should be made in advance of arrival of the goods. This does not preclude import 
permission being sought for goods which have inadvertently arrived at a point of entry.  
 
(b) Permits may be issued promptly if a genuine requirement  exists.  
 
(c) Permits may be issued at any period of the  year. 
(d) Importers only need to approach the Department of Agriculture to seek consi deration of their 
application to import woolpacks. The Department of Agriculture and the Minister for 
Agriculture are the only entities that consider applications for permission to import woolpacks.  
Where relevant (i.e. for unused woolpacks intended to st ore greasy wool), importers may 
separately need to seek an original test certificate from an Australian or international 
prescribed testing authority, to certify that the woolpacks conform to Australian Wool 
Exchange (AWEX) standard no 3.  
 
8.  Application for permission to import can be refused at the discretion of the Minister  for Agriculture  
or an authorised  person,  if the ordinary  criteria  are not met. There  is no right of appeal  against  
the Minister's  (or authorised  person’s)  decision.  However,  an appeal  may be made  on the 
decision -making  process  itself under  the Administrative  Decisions  (Judicial Review) Act  1977. 
 
Eligibility of importers to apply for licence  
9. (a) Not applicable.  
 
(b) All persons, firms and institutions are eligible to apply for permission to  import.  
 
Documentation and other requirements for application for licence  
10. Applications for permission to import woolpacks should be made in writing to the 
Department  of Agriculture. The application should include the following i nformation:  
 
• Manufacturer ; 
• Product name ; 
• Number/pieces ; 
• Use; 
• AWEX certificate ; 
• Importer name and details ; 
• Vessel ; 
• Place of loading ; 
• Bill of lading number ; 
• Place of arrival ; 
• Date of arrival . 
 
11. Proof of authorisation or a Test Certificate is required on  importation. A valid test certificate or 
permission to import must be produced to the Australian Border Force at the time of importation.  
 
12. There is no licensing fee or administrative  charge. The Department of Agriculture does not 
impose a l icensing fee or administrative charge for considering applications for permission to import 
woolpacks.  
 
13. Not applicable. The Department of Agriculture does not impose a licensing fee or administrative 
charge for considering applications for permission t o import woolpacks.  
 
Conditions of licensing  
14. Permission to import woolpacks is considered and granted per consignment.  
 
15. There is no penalty for the non -utilisation of a license or a portion of a  license. The Customs Act 
1901 (see s50(4)) imposes a penalty of 100 penalty units where a person’s conduct contravenes the G/LIC/N/3/AUS/13  
 
- 81 - 
 
  conditions or requirements of a permit issued to them. This is considered an offence ag ainst the Act 
and is subject to the Criminal Code.  
 
16. Permission to import woolpacks is not transferable between importers.  
 
17. Conditions may be applied regarding the custody, use, disposal or destruction of the  imported 
woolpacks  for the purpose  of ensuring  that they are not used otherwise  than for the purpose  for 
which the permission is  granted.  
 
Other procedural requirements  
18. No.  
 
19. Not applicable.  
 
 
__________