G/MA/W/135  
 
16 November 2017 
(17-6257) Page: 1/3 
Committee on Market Access  Original: English  
 
 REPLIES  BY AUSTRALIA  TO THE QUESTIONS FROM S WITZERLAND REGARDING  
AUSTRALIA'S NOTIFICA TION ON QUANTITATIVE  RESTRICTION S  
(G/MA/QR/N/AUS/3)  
COMMUNICATION FROM AUSTRALIA  
 
The following communication, dated 13 November  2017, is being circulated at the request of the 
delegation of Australia . 
 
_______________  
 
 
Question  No.1: 
 
Could Australia provide more details regarding QR number 7 (Counterfeit credit cards). It seems 
that counterfeit credit, debit and charge [cards] can be exported if a permission  has been given by 
the Minister for Immigration and Border Protection. Is this understanding correct?  
 
Response : 
 
Regulation 13D of the Customs (Prohibited Exports) Regulations 1958 prohibits the export of 
counterfeit credit, debit and charge cards without  permission from the Minister for 
Justice.   Counterfeit credit, debit and charge cards are also controlled under Regulation 4T of the 
Customs (Prohibited Imports) Regulations 1958.  
 
In the regulations the Minister  means the Minister administering the Australian Federal Police 
Act 1979.   Currently, this is the Minister for Justice. The Australian Federal Police (AFP) are the 
relevant policy agency for this control.  
 
Annual domestic credit card fraud, and internation al fraud involving Australian credit cards, is 
estimated to be in the hundreds of millions of dollars. There is also evidence that counterfeit cards 
are being manufactured overseas and brought into Australia to commit fraud against Australian 
businesses an d financial institutions. Legislation to control the importation and exportation of 
counterfeit credit cards was introduced as a result of discussions with other agencies including the 
AFP, the Attorney -General’s Department and the Treasury, which resulted  in unanimous 
agreement to import and export prohibitions on counterfeit cards.  
 
The ordinary meaning of the term “counterfeit” applies to these co ntrols. This means that any 
non-genuine credit, debit and charge cards that are made to imitate and pass for genuine cards 
are intended to be subject to the controls. Examples of the situations that are intended to be 
covered include where a card has a name and number that do not match the issuing authority’s 
records, and where more than one card has the same num ber embossed on it.  
 
There may be limited circumstances where the importation or exportation of such cards is 
appropriate and the Minister may grant permission. For example, it is possible that law 
enforcement agencies, financial institutions or credit pro viders (such as the credit card companies) 
may seek to examine such cards to enable them to improve mechanisms to avoid counterfeiting, 
or for training or for law enforcement evidentiary purposes.  
 
  G/MA/W/135  
 
- 2 - 
 
  Question  No.2: 
 
QR number 17 (human blood and tissues): Could Australia explain the reason why the export of 
human blood and tissues is in principle prohibited instead of having a less restrictive measure in 
place?  
 
Response : 
 
The decision to require a permit  to allow the export of human body fluids, organs and  tissue is 
based on the concept of security of supply and ensuring the protection of the health of Australians, 
this includes blood components and plasma -derived products. Where export is justified, such as of 
plasma -derived products approved by Therapeuti c Goods Administration or following an overseas 
request of a rare blood unit or HPC, a permit to allow its export can be readily issued.  
 
Question  No.3: 
 
In general could Australia at least indicate the HS chapters for certain restrictions instead of 
“various”? Would it also be possible to include the link to the relevant legislation?  
 
Response : 
 
QR No. 1 - Asbestos – 
 http://www8.austlii.edu.au/cgi -bin/viewdo c/au/legis/cth/consol_reg/cer1958439/s4.html  
 
QR No. 2 – Agricultural and Veterinary Chemicals –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s4a.html  
 
QR No. 3 – Biological Agents –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s13e.html  
 
QR No. 4 – Cat and Dog Fur –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_re g/cer1958439/s9ab.html  
 
QR No. 5 – Certain Chemical Compounds –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s13e.html  
 
QR No. 6 – Cetaceans –  
http://www8.austlii.edu.au/cgi -bin/viewdb/au/legis/cth/consol_reg/epabcr2000697/  
 
QR No. 7 – Counterfeit Credit Cards –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s13d.html  
 
QR No. 8 – Cultural Heritage Goods –  
http://www7.austlii.edu.au/cgi -bin/viewdb/au/legis/cth/consol_act/pomcha1986393/  
 
QR No. 9 – Defence and Strategic Goods –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s13e.html  
 
QR No. 10 – Diamonds – Kimberley Process –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s9aa.html  and 
http://www8. austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cir1956432/s4ma.html  
 
QR No. 11 – Dogs, Dangerous Breeds –  
http://www8.austlii.edu.au/cgi -bin/view doc/au/legis/cth/consol_reg/cir1956432/s3.html  
 
QR No. 12 – Drugs, Narcotics and Related Chemicals –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis /cth/consol_reg/cer1958439/s10.html  and 
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s10aa.html  and 
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/sch8.html  
 
QR No. 13 - Endangered animal and plant species – CITES and Australian native spe cies - 
http://www8.austlii.edu.au/cgi -bin/viewdb/au/legis/cth/consol_act/epabca1999588/  G/MA/W/135  
 
- 3 - 
 
  QR No. 14 - Firearms, parts, accessories and ammunition – commercial - 
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s13e.html  
 
QR No. 15 - Firearms, parts, accessories and ammunition – personal - 
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s13e. html 
 
QR No. 16 – Hazardous Waste –  
http://www8.austlii.edu.au/cgi -bin/viewdb/au/legis/cth/consol_act/hwoeaia1989548/  
 
QR No. 17 – Human Blood and Tissue –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s8.html  
 
QR No. 18 – Industrial Chemicals - 
http://classic.austlii.edu.au/au/legis/cth/consol_reg/icaar1990574/s11c.html  
 
QR No. 19 – Live Animals (livestock) –  
http://www7.austlii.edu.au/cgi -bin/viewdb/au/legis/cth/consol_act/eca1982203/  and 
https://www.legislation.gov.au/Details/F2016C00854  
 
QR No. 20 - Ozone depleting substances /Synthetic Greenhouse Gases - 
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s13f.html  
 
QR No. 21 – Objectionable Goods –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s3.html  
 
QR No. 22 – Precursor Substances –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s10ab.html  
 
QR No. 23 - Medication purchased under prescription (in respe ct of which a commonwealth benefit 
has been paid) - http://www8.austlii.edu.au/cgi -bin/viewdb/au/legis/cth/consol_act/nha1953147/  
 
QR No. 24 – Radioactive Substan ces –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s9ad.html  
 
QR No. 25 – Radioactive Waste –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s13g.html  
 
QR No. 26 – Suicide Devices –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s13ga.html  
 
QR No. 27 – Therapeutic Goods –  
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_act/tga1989191/s26.html  and 
http://www8.austlii.edu.au/cgi -bin/viewdoc/au/legis/cth/consol_act/tga1989191/s26a.html  
 
QR No. 28 – Toothfish – 
 http://www8.austlii.edu.au/c gi-bin/viewdoc/au/legis/cth/consol_reg/cer1958439/s6.html  
 
QR No. 29 – Unprocessed Wood –  
http://www8.austlii.edu.au/cgi -bin/viewdb/au/legis/cth/consol_reg/ecwr493/  and 
http://classic.austlii.edu.au/au/legis/cth/consol_reg/ecwcr1996495/  and 
http://clas sic.austlii.edu.au/au/legis/cth/num_reg/ecfar1997n77586/  
 
__________