G/LIC/N/3/AUS/9/Rev.1  
 
8 June 2017 
(17-3070) Page: 1/75 
Committee on Import  Licensing  Original: English  
 
 
 
REPLIES TO QUESTIONN AIRE ON IMPORT LICEN SING PROCEDURES1 
NOTIFICATION UNDER A RTICLE 7.3 OF THE AG REEMENT  
ON IMPORT LICENSING PRO CEDURES  (2016)  
AUSTRALIA  
Revision  
The following communication, dated  23 May  2017, is being circulated at the request of the 
delegation of  Australia . 
 
_______________  
 
 
1   ANIMALS (INCLUDING B IRDS, FISH AND INSEC TS) AND ANIMAL PRODU CTS, 
PLANTS AND GOODS OF GENERAL QUARANTINE C ONCERN  ................................ .............  3 
2   ANZAC GOODS  ................................ ................................ ................................ .............  5 
3   ASBESTOS  ................................ ................................ ................................ ...................  8 
4   CAT AND DOG FUR PROD UCTS  ................................ ................................ ...................  10 
5   CETACEANS (WHALES, D OLPHINS AND PORPOISE S) ................................ ................  11 
6   CHEESE, CERTAIN TYPE S ................................ ................................ ...........................  13 
7   CHEMICAL WEAPONS, CH EMICALS AND THEIR PR ECURSORS  ................................ .... 16 
8   COUNTERFEIT CREDIT C ARDS  ................................ ................................ ...................  18 
9   DOG COLLARS – PROTRUSION  ................................ ................................ ..................  20 
10   FLAGS, ARMS AND SEAL S ................................ ................................ ........................  21 
11   HAZARDOUS GOODS  ................................ ................................ ................................  23 
12   HAZARDOUS WASTE  ................................ ................................ ................................  26 
13   ICE PIPES  ................................ ................................ ................................ ................  29 
14   IMPORTS TO ANTARCTIC A ................................ ................................ ......................  30 
15   IMPORTS TO TERRIT ORY OF HEARD ISLANDS  AND MCDONALD ISLANDS  ...............  32 
16   INCANDESCENT ( FILAMENT) LAMPS  ................................ ................................ ....... 34 
17   INDUSTRIAL CHEMICALS  ................................ ................................ ........................  35 
18   MOTOR VEHICLES  ................................ ................................ ................................ .... 38 
19   NARCOTIC DRUGS, PSYC HOTROPIC SUBSTANCES AND RELATED CHEMICAL S .........  42 
                                                
1 See document G/LIC/3, Annex, for the Questionnaire.  G/LIC/N/3/AUS/9/Rev.1  
 
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  20   OBJECTIONABLE ITEMS  ................................ ................................ ...........................  45 
21   ORGANOCHLORINE CHEMI CALS  ................................ ................................ ..............  47 
22   OZONE -DEPLETING SUBSTANCES  AND SYNTHETIC GREENHOUSE  GASES  ................  49 
23   PLASTIC EXPLOSIVES ................................ ................................ ..............................  53 
24   RADIOACTIVE SUBSTANC ES ................................ ................................ ....................  56 
25   SECURITY SENSITIVE A MMONIUM NITRATE  ................................ ...........................  58 
26   TABLET PRESSES  ................................ ................................ ................................ ..... 59 
27   THERAPEUTIC SUBSTANC ES AND GOODS  ................................ ................................  61 
28   UNMANUFACTURED TOBAC CO LEAF  ................................ ................................ .........  64 
29   VIABLE MATERIAL DERI VED FROM HUMAN EMBRY O CLONES  ................................ . 67 
30   WEAPONS AND CROWD CO NTROL GOODS  ................................ ...............................  69 
31   WOOLPACKS  ................................ ................................ ................................ ............  70 
32   GENETICALLY MODIFIED  ORGANISMS  ................................ ................................ .... 72 
 G/LIC/N/3/AUS/9/Rev.1  
 
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  1  ANIMALS (INCLUDING B IRDS, FISH AND INSEC TS) AND A NIMAL PRODUCTS, PLAN TS 
AND GOODS OF GENERAL  QUARANTINE CONCERN  
Outline of System  
1. The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)  regulates 
international trade in Australian native species, live wildlife, and species listed u nder 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 Quarantine Act 1908 , Quarantine Regulations and Quarantine Proclamation (collectively, 
Quarantine Legislation) apply controls to the import ation 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.  
 
Quarantine Act 1908 : Quarantine Regulations 2000 –  
https://www.comlaw.gov.au/Details/F2015C00632  
 
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 an d 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; a nd Patagonian and Antarctic Toothfish. The Regulations also control 
the import of raw tobacco and certain plant material containing drugs.  
 
3. The quarantine legislation applies to the importation of goods from all countries.  
 
4. The EPBC Act seeks to impl ement 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.  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 ot her 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.   
 
5. The controls on the importation of goods specified in this category a re statutory requirements 
under the legislation detailed below:  
 
- Environment Protection and Biodiversity Conservation Act 1999 ; 
- Environment Protection and Biodiversity Conservation Regulations 2000 ; G/LIC/N/3/AUS/9/Rev.1  
 
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  - Biosecurity Act 2015 ; 
- Customs (Prohibited Imports ) Regulations 1956 . 
 
The Commonwealth Department of the Environment is responsible for administration of the EPBC 
Act. The Commonwealth Department of Agriculture and Water Resources is responsible for 
administration of animal and plant quarantine legislati on.  The Department of Immigration and 
Border Protection is responsible for administration of the Customs ( Prohibited Imports) 
Regulations  1956.  
 
The legislation does not allow for administrative discretion regarding goods/items subject to import 
controls.   It is not possible for the Government or executive branch to abolish the systems without 
legislative approval.  
 
Procedures  
6. Not applicable.  
  
7.(a) Applications should be made well in advance of arrival of the goods to allow time for the 
application to  be assessed against the legislation and the relevant import policy.  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.   However, CITES permits cannot be issued 
retrospectively.  
 
(b) In the case of most importations in this category it will not be possible for permission to be 
issued immediately  on request.  
 
(c) Permits may be issued at any period of the year.  
 
(d) Applications for permission to import most animal s, animal products, plants and plant 
products into Australia  involve an approach to a single agency – Department of Agriculture 
and Water Resources – unless the specimens are listed under CITES or Part 2 of the List of 
Specimens taken to be Suitable for Li ve 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 Depa rtment of Agriculture and Water Resources’ Biosecurity 
Import Conditions database - http://www.agriculture.gov.au/import/bicon .  If the good to be 
imported is regulated by more than one agency, imp ort 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 a nd Water Resources for an import permit may 
only be refused under the ordinary criteria for such applications.  Reasons for refusal will be 
advised.  There are no formal structures in place under the quarantine legislation through which an 
appeal may be lo dged regarding the refusal 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 app eal 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 persons, firms and institutions are eligible to apply for permission to import.  
 
Document ation and other requirements for application for licence  
10. Applications for permission to import must be made electronically for all commodities through 
the department's BICON system.  Applications to import to Christmas and Cocos Island must be 
made in writing to the Department of Agriculture and Water Resources.  BICON can be accessed 
at: https://bicon.agriculture.gov.au/BiconWeb4.0 . 
 G/LIC/N/3/AUS/9/Rev.1  
 
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  11. Where the importation of the item comes under the juris diction of the Department of the 
Environment and Energy, 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:  
http://www.environment.gov.au/biodiversity/wildlife -trade/permits/applying -permit .  
 
Applications for permission to import must be made electronically for all commodities through the 
departmen t's BICON system.  Applications to import to Christmas and Cocos Island must be made 
in writing to the Department of Agriculture and Water Resources.  BICON can be accessed at:  
https://bicon.agric ulture.gov.au/BiconWeb4.0 . 
 
12. Information on fees and charges for the importation of items that come under the jurisdiction 
of the Department of Agriculture and Water Resources may be found at:  
http://www.agriculture.gov.au/fees/charging -guidelines . 
 
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.html .  
 
13. There is no deposit or advance payment requirement associated with the issue of licenses, 
although assessment fees apply for most Department of Agriculture and Water Resources permit 
applications. An application (processing) and assessment fee for a Department of Agriculture and 
Water Resources permit is charged automatically when a permit application is accepted, regardless 
of wheth er 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.  
 
Conditions of licensing  
14. The period of validity of a permit depends on the nat ure 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 and Water Resources 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 Envir onment and Energy 
are valid for up to six months.  
 
15. There is no penalty for the non -utilisation of a permit or a portion of a permit.  
 
16. Quarantine import permits are not transferrable between importers. Permits issued under the 
EPBC Act may be transf erred under very limited circumstances.  
 
17.(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 treatmen t, testing, certification or 
on-arrival treatment or quarantine.   
 
Other procedural requirements  
18. No. 
 
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 and the Custo ms (Prohibited Imports) Regulations 1956 (PI Regulations) . 
 
Importation into Australia of goods the description of which includes or bears the word ‘Anzac’, or 
advertising matter relating to those goods, is controlled by the PI Regulations and is prohibite d G/LIC/N/3/AUS/9/Rev.1  
 
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  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 Protection of Word ‘Anzac’ 
Regulations.  
 
Purposes and coverage of licensing  
2. Licensing system maintained and products covered include: Protection of Word ‘Anzac’ 
Regulations and PI Regulations.  
 
The Anzac Regulations prevent the u se 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 p erson 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 conditio ns 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  DIBP. 
 
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 Protection of Word ‘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 goo ds.  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 impor tation 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 DIBP. 
 
In addition to the PI Regulations, the Protection of Word ‘Anzac’ Regulations pro hibit the use 
of the word ‘Anzac’ or any word resembling the word ‘Anzac’ in connection with any trade, 
business, calling, or profession without the Minister or an authorised officer’s written 
approval.  Persons applying to import ‘Anzac’ goods may also re quire written consent to use 
the said ‘Anzac’ goods under the Protection of Word ‘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.  
 
 G/LIC/N/3/AUS/9/Rev.1  
 
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  (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 Re gulation 4V of the PI Regulations, and Permission to Use Word ‘Anzac’ in 
accordance with the Protection of Word ‘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 conditions of t he 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 t he 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 importers 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 in  the form of a letter or e -mail.  There is no specific format.  
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 Comp any 
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 u se 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.  
 
Condition s 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 application.  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.  
 G/LIC/N/3/AUS/9/Rev.1  
 
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  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  
For the purposes of these regulations,  amphibole asbestos means asbestos in a form other than 
chrysotile.  
 
Asbestos means any of the following fibro us forms of mineral silicates belonging to the serpentine 
or amphibole groups of rock -forming minerals:  
 
(a) actinolite asbestos;  
(b) amosite (brown asbestos);  
(c)  anthophyllite asbestos;  
(d) chrysotile (white asbestos);  
(e) crocidolite (blue asbestos);  
(f) tremolite  asbestos.  
 
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  Custom s (Prohibited Imports) Regulations 1956 (PI Regulations) , the import of 
asbestos or goods containing asbestos is subject to prohibition. The regulations allow for the 
Minister administering the Work Health and Safety Act 2011  to grant permission to import 
asbestos.  
 
Purposes and coverage of licensing  
2. Under the PI Regulations 1956, the import 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 Ha zardous Waste (Regulation of Exports and Imports) Act 1989 (HW Act). Goods of this 
type must be imported in accordance with the provisions of the HW Act;  
(b) The goods are raw materials containing naturally occurring traces of asbestos; or  
(c) Permission has been granted by the Minister administering the Work Health and Safety  
Act 2011, to import chrysotile asbestos for research, analysis or display, or to import 
amphibole asbestos; or  
(d) The asbestos or goods are imported from the Australian Antarctic T erritory (chrysotile only); 
or 
(e) The import is of a ship or resources installation that contains in situ amphibole asbestos or 
chrysotile (installed or affixed before 1 January 2005).  
 
The exemption for the Department of Defence mentioned in Schedule 3B of the PI Regulations has 
now expired and is no longer applicable.  
 
3. The regulations apply to the importation of goods from all countries.  
 G/LIC/N/3/AUS/9/Rev.1  
 
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  4. The importation of all forms of asbestos is regulated as a community and workplace safety 
measure. The importat ion 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 import of asbestos, t he use of 
asbestos is prohibited in all Australian state, territory and Commonwealth occupational health and 
safety regulations.  
 
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 in advance of arrival of the goods.  
 
(b) A request for permission to  import asbestos can be made at any time by writing to the 
Minister for Employment. Upon consideration of the request, the Minister will reply to the 
applicant.  
 
(c)  Permission to import may be granted at any period of the year.  
 
(d) Confirmation of Minis terial permission is to be available for presentation to DIBP.    
 
8. In the case of chrysotile asbestos, there are no circumstances outside the ordinary criteria 
(research, analysis or display) for which permission will be granted by the Minister for 
Employment. Requests to import amphibole asbestos are assessed on a case by case basis on the 
merits of each case.   
 
There are no specific appeal provisions in relation to asbestos available under the PI Regulations. 
However, an appeal may be made on the decis ion-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.  
 
Documen tation and other requirements for application for licence  
10. For permission to import, applications must be made in writing to the Minister.  The application 
should include the following information:  
 
  importer's  name and address;  
  details of the goods to  be imported including the reason or purpose for the importation, 
and where the goods are to be imported from;  
  details of the procedures to be used to package, label, transport and dispose of the goods;  
  an assurance the applicant will comply with relevan t state/territory legislation relating to 
the use of asbestos.  
 
11. The written permission of the relevant Minister or authorised person is to be available for 
presentation to DIBP.  
 
12. No. 
 
13. No. 
 G/LIC/N/3/AUS/9/Rev.1  
 
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  Conditions of licensing  
14. Individual exemptions can be granted to import an individual consignment, or an on -going 
exemption can be granted to import a number of consignments over a certain period (usually one 
year).  
 
15. Not applicable.  
 
16. No. 
 
17.(a) Not applicable.  
 
(b) No. 
 
Other procedural requireme nts 
18. No. 
 
19. Not applicable.  
 
4  CAT AND DOG FUR PROD UCTS  
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) Regul ations 1956 
(PI Regulations) unless the permission of the Minister for Immigration and Border Protection, 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.  
 
3. The system applies to importations from all countries.  
 
4. The PI Regulat ions 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 th e 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. 
 G/LIC/N/3/AUS/9/Rev.1  
 
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  (d) Permissions are granted by the Minister for Immigration and Border Protection or an 
authorised person.  Importers may also need to approach the Australian Quarantine and 
Inspection  Service 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 mer its 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 pe rsons, 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 Immigration and Border Protection or 
an authorised person.  The application should include the following information: importers name 
and address; and details of the goods to be imported.  
 
11. The original permission from the Minister for Immigration and Border Protection or authorised 
person is required to be produced upon importa tion. 
 
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 permis sion.  
 
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 
specifi ed as conditions.  
 
Other procedural requirements  
18. No. 
 
19. Not applicable.  
 
5  CETACEANS (WHALES, D OLPHINS AND PORPOISE S) 
Outline of System  
1. All cetaceans are listed on Appendix I or II of the Convention on International Trade in 
Endangered Species of Wi ld 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 the DIBP 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.  
 
3. The system applies to specimens originating in and coming from all countries.  
 G/LIC/N/3/AUS/9/Rev.1  
 
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  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 ther eby contribute to the conservation 
of cetaceans.  The only circumstances in which cetacean imports are allowed are:  
 
  Appendix I listed non -live 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, research and education purposes unless 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 A ct 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.  
 
Procedures  
6. Not applicable.  
 
7. (a)  Applicants should ensure required permits are in place before shipping specimens.  
Retrospective permits cannot be issued, and permits will not be issued once a specimen has 
arrived in Australia.  There is no statutory limitation on the maximum period allowed in 
advance for an application for import to be made.  
 
(b) No. 
 
(c) No. 
 
(d) Processing of international wildlife trade import permit applications is handled by the 
Department of the Environment and E nergy.  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 ag encies would be the Department of Agriculture and Water 
resources – 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 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 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: 
http://www.environment.gov.au/biodiversity/wildlife -trade/permits/applying -permit . 
 
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. 
 G/LIC/N/3/AUS/9/Rev.1  
 
- 13 - 
 
  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.html . 
 
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.  
 
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.  
 
(b) Conditions may be imposed on the permit, and quantita tive limits are specified as 
conditions.  Conditions usually relate specifically to the nature of the import.  
 
Other procedural requirements  
18. No. 
 
19. Not applicable.  
 
6  CHEESE, CERTAIN TYPE S 
Outline of System  
1. Australia administers a tariff quota on im ports 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.  I mports 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, in dividuals 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 che ese, 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  Blue-veined cheese:  
- Roquefort, Stilton  
- Other   
Free (c)  
$A0.096/kg (a)  
$A1.220/kg (b)  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 14 - 
 
  Number  
0406  Product Type  
Cheese and Curd  Rate of Duty  
 
0406.90  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  
 Other  
 includes Cheddar, Colby, Edam, Gouda,  
 Havarti, Parmesan, Kasseri, Mozzarella, 
Provolone, Feta   
Free (c)  
 
 
 
 
 
 
 
 
 
$A0.096/kg (a)  
$A1.220/kg (b)  
(a) Rate for cheese imported with in 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 i s as shown in the table above, less 5% of the customs 
value (fob price) of the product.  
 
3. The scheme applies to cheeses originating in and coming from all countries except the 
Association of Southeast Asian Nations (ASEAN), Chile, Malaysia, New Zealand, Papua New 
Guinea, Republic of Korea, South Pacific Forum Island Countries, Singapore, the United States of 
America, Japan or Thailand.  
 
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 Austr alia Gazette.  
 
II. The size of the tariff quota is 11,500 tonnes per annum.  The allocation of the tariff quota to 
individual importers occurs on an annual basis.  
 
III. Tariff quota allocations to individuals or companies are based on historical trade 
performance in the importation of cheese under quota.  No tariff quota is allocated on the 
basis of domestic production of like product.  Unused portions/amounts of the tariff quota 
allocation are not added to the tariff quota for the following year.  
 
IV.-VI. Not applicable.  
 
VII. The Department of Immigration and Border Protection  administer 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 chee se 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.  G/LIC/N/3/AUS/9/Rev.1  
 
- 15 - 
 
  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 Determi nation made in pursuance of Section 273B 
of the Customs Act 1901 , and published documentation such as relevant Department of 
Immigration and Border Protection 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 next financial year allocation. The sc heme does not provide for direct 
applications for quota and does not have a licensing system as such.  
 
The Department of Immigration and Border Protection  has no record of refusals to make an 
allocation.  
 
All decisions of an administrative nature are appea lable on a case -by-case basis under the 
Administrative Decisions (Judicial Review) Act . 
 
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 
Department of Immigration and Border Protection records of import entries lodged during the 
preceding base period.  
 
11. No quota specific document is requir ed 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 compani es 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.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 16 - 
 
  7  CHEMICAL WEAPONS, CH EMICALS AND THEIR PR ECURSORS  
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 Schedule 11 
of the  Customs (Prohibited Imports) Regulations 1956 (PI Regulations) , from a country that is not a 
State Party to the Convention on the Prohibition of the Development, Production, Stockpiling and 
Use of Chemical 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 
Assistant Secretary of Australian Safeguards and Non -Proliferation Office (ASNO) to grant 
permits; and  
- the permission is produced to the Department of Immigration and Border Protection (DIBP).  
 
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 im ported 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 DIBP.  
 
3. The regulations apply to the importation of goods from all co untries.  
 
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 che micals, 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 controlling 
and tracking were assessed as inadequate.   
 
5. The control on importation of the speci fied 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 co mpound 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 
permit: 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 importation which cannot be varied due to concomitant international reporting 
requirements.  However, the 37 -day advance notification  requirement is waived for imports G/LIC/N/3/AUS/9/Rev.1  
 
- 17 - 
 
  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.  
 
(c) Permits may be issued at any period of the year.  
 
(d) Permit applications are considered by a single administrative organ, namely ASNO.  Permits 
are issued by the Minister for Foreign Affairs or authorised persons (i.e. th e Director General 
and Assistant Secretary of ASNO).   
 
Please note that ASNO then provides the DIBP with the details of import permit holders for Part 3 
and 4 chemicals, including the company name, all chemicals listed on their import permit, and the 
tariff classification code used by the Importer (if known).  
 
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 i mport, however 
the chemicals from Parts 2 and 3 can only be imported from a country which is a State 
Party to the Chemical Weapons Convention (as listed on the Internet at 
http://www.opcw.org/ ).  Also, all of the prescr ibed 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 m ust 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 (Schedule 1 of the CWC)  
 
The permit is valid for a single shipment of the specified c hemical. The following details must be 
included in the application:  
 
  importer’s name, address, ABN 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; tra nshipment through another country is not allowed ; 
  name, CAS number, quantity and percentage by weight, and other descriptors of the 
chemical ; 
  date of export from supplying country and expected import date ; 
  end user’s name and address ; 
  a description of  security measures that will be taken to prevent unau thorised access to the  
chemical.  
Please note that as of 1 January 2015, ASNO released a secure online system for existing import 
permit holders of CWC Scheduled Chemicals which has resulted in a simplifi ed method for 
reporting and renewal of import permits. Further information can be found at:  
 
http:/ /dfat.gov.au/about -us/publications/Pages/the -chemical -weapons -convention -information -
for-importers -and-exporters -of-chemicals -2014.aspx .  G/LIC/N/3/AUS/9/Rev.1  
 
- 18 - 
 
  Permits for chemicals in Part 3 and Part 4 of Schedule 11 of the Customs (Prohibited Imports) 
Regulations 1956  (Sched ules 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 or Customs Client ID ; 
  names, CAS numbers 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 unauthorised access to the 
chemical . 
 
11. The written permission of the relevant Minister or ASNO (i.e. the import permit) is required by 
the DIBP 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 entr y. 
 
12. No. 
 
13. No. 
 
Conditions of licensing  
14. Permits for chemicals in Part 2 of Schedule 11 of the PI Regulations apply to one consignment 
only and are valid for three months.  A new application is required for each import.  
 
Permits for chemicals in P art 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 actu al 
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 (the “Act”), if certain activity thresholds for t hose 
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 C ARDS  
Outline of System  
1. The importation of counterfeit credit, d ebit 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 Justice – has been obtained.   
 G/LIC/N/3/AUS/9/Rev.1  
 
- 19 - 
 
  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.   
 
3. The system applies to any non -genuine credit, debit and charge cards that are made to imitate 
and pass for genuine cards  originating from all countries.  
 
4. The PI Regulations are intended to prohibit the importation of counterfeit credit, debit or charge 
cards . 
 
5. The control on the specified goods is a statutory requirement under PI Regulations made under 
the Customs Act  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 arri val 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 Justice.   
 
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 pro cess 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. Applica tions 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. 
 G/LIC/N/3/AUS/9/Rev.1  
 
- 20 - 
 
  19. Not applicable.  
 
9  DOG COLLARS – 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 p ermission of 
the Minister for Immigration and Border Protection, or an authorised person, has been obtained.  
 
Purposes and coverage of licensing  
2. The goods covered are: dog collars, incorporating apparatus designed to puncture or bruise an 
animal’s skin.  
 
3. The system applies to  importations  from all countries.  
 
4. The PI Regulations are not intended to restrict the quantity or value of imports.  The importation 
of protrusion dog collars is regulated in response to animal welfare concerns.  
 
5. The contro l 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)  Applicat ion should be made in advance of arrival of the goods.  
 
(b) No. 
 
(c) No. 
 
(d) Permissions are granted by the Minister for Immigration and Border Protection or an 
authorised person.  
 
8. Apart from statutory or ordinary requirements there are no other criter ia for refusal.  Reasons for 
refusal are given to applicants.  Applicants refused permission to im port 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 Immigration and Border Protection 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 Immigration and Border Protection or authorised 
person is requ ired to be produced upon importation.  
 
12. There is no permit fee.  
 
13. Not applicable.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 21 - 
 
  Conditions of licensing  
14.  The Minister for Immigration and Border Protection may specify a time period for the validity 
of the permission.  
 
15. There is no penalty for the non -utilisation of a license or a portion of a permission.  
 
16. Licenses are not transferable between importers.  
 
17. Conditions may be imposed on the permit.  Quantitative limits, where appropriate, are 
specified as conditions.  
 
Other procedural r equirements  
18. No. 
 
19. Not applicable.  
 
10  FLAGS, ARMS AND SEAL S 
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 th e 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 by the Secretary 
to the Department of the Prime Minister and Cabinet or an authorised person; and if the collector 
asks the importer to produce the approval, the importer produces it.  
 
For goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of a State or Territory of the Commonwealth or a representation so nearly 
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 resemblin g the 
Royal Arms as to be likely to deceive, permission from the Minister for Immigration and Border 
Protection 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 whic h, 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 system applies to the importation of goods originating from all c ountries.  
 
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 introduc ed 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.  G/LIC/N/3/AUS/9/Rev.1  
 
- 22 - 
 
  5. The control on the specified goods is a statutory requirem ent 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 whic h, there is applied a representation of the arms, a 
flag or a seal of a State or Territory of the Commonwealth, the Minister for Immigration and 
Border Protection 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 
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 without legislative approval.  
 
Procedures  
6. Not applicable.  
 
7. (a)  Applications should be made in advance of the importat ion 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 Depart ment 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 Immigration and Border Protection, 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 proces s 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 requi rements 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 M inisters department in the relevant state or 
territory.  
 
12. In the case of goods bearing a representation of the arms, a flag or a seal of the 
Commonwealth if the collector asks the importer to produce the design approval issued by 
Secretary to the Depart ment of the Prime Minister and Cabinet approval, the importer must 
produce it.  G/LIC/N/3/AUS/9/Rev.1  
 
- 23 - 
 
  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 
Immigration and Border Protection 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 a ssociated with the issue of licenses.  
 
15. Import permissions are not subject to a validity period.  In the case of goods bearing a 
representation of the arms, a flag or a seal of the Commonwealth, the design approval provided by 
the Department of the Prim e 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  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:  
 
  Cosmetic products containing more than 250 mg/kg of lead or lead compounds (calculated 
as lead), except products co ntaining more than 250mg/kg of lead acetate designed for use 
in hair treatments.  
 
  Erasers that resemble food in scent or appearance, that contain more than:  
(a) 90 mg/kg of lead; or  
(b) 25 mg/kg of arsenic; or  
(c)  60 mg/kg of antimony; or  
(d) 75 mg/kg of  cadmium; or  
(e)  500 mg/kg of selenium; or  
(f) 60 mg/kg of mercury; or  
(g) 60 mg/kg of chromium; or  
(h) 1000 mg/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 con tent of which contains more than:  
(a) 90 mg/ kg of lead; or  
(b) 25 mg/kg of arsenic; or  
(c) 60 mg/kg of antimony; or  
(d) 75 mg/kg of cadmium; or  G/LIC/N/3/AUS/9/Rev.1  
 
- 24 - 
 
  (e)  500 mg/kg of selenium; or  
(f) 60 mg/kg of mercury; or  
(g) 60 mg/kg of chromium; or  
(h) 1000 mg/ 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 antimony; or  
(d) 75 mg/kg of cadmium; or  
(e) 500 mg/kg of selenium; or  
(f) 60 mg/ kg of mercury; or  
(g) 60 mg/kg of chromium; or  
(h) 1000 mg/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.  
  Gas masks that contain asbestos.  
  Candles with wicks that contain greater than 0.06% lead by weight and candle wicks 
containi ng 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 appl icable.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 25 - 
 
  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 responsibl e 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 
recog nised by the National Association of Testing Authorities Australia (NATA), or a NATA 
accredited authority, that their goods comply with the requirements of the regulations.  
 
8. Apart from statutory or ordinary requirements there are no other criteria.  Rea sons 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 proces s 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 applicat ion for licence  
10. Applications for permission to import must be made to the responsible Minister or authorised 
person.  The application must include the following information : 
 
  Importer’s name and address;  
  Details of the goods to be imported, including  quantity to be imported and intended use 
and distribution.  
 
11. The original 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 declaration to the responsible customs administration.  
 
12. There is no licensing fee or administrati ve 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 
Regulati ons may be subject to conditions regarding custody, use, disposal or distribution of 
the imported goods.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 26 - 
 
  Other procedural requirements  
18. No. 
 
19. Not applicable.  
 
12  HAZARDOUS WASTE  
Outline of System  
1. The import , export and transit of hazardous waste is regulated under the Hazardous Waste 
(Regulation of Exports and Imports) Act 1989  (the Act) and associated regulations, to ensure that 
hazardous waste is managed in an environmentally sound manner to protect human beings and 
the environment, within and outs ide Australia.   
 
The regulatory framework implements Australia's obligations under the Basel Convention for the 
Control of Trans -boundary Movements of Hazardous Waste and their Disposal  (Basel C onvention) , 
as well as the following related agreements and a rrangements concerning the transboundary 
movement of hazardous and other waste:  
 
  the Organisation for Economic Co -operation and Deve lopment (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 Movement and 
Management of Hazardous Wastes within the South Pacific Region); and  
  a bilateral arrangement between Australia and the United Nation s 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 determine d 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.  
 
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 minimu m 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 with in the OECD 
area in view of member countries having established infrastructure . 
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 stat utory requirement 
for the import, export and transit of any hazardous waste listed in schedules to the Basel 
Convention, Waigani Convention, or the OECD Council Decision.  It is not possible to abolish the 
system without legislative approval.   
 
Procedures  
6. Not applicable.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 27 - 
 
  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 r egulations, 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 f or 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.  
 
(c) No. 
 
(d) Consideration of a permit application is undertaken by the 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.  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 c ontrol 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 (Jud icial 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 envi ronmentally 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, includ ing applicant's name and address and 
financial situation;  
  a description of the material to be imported;  
  the method of transportation, ports of entry for importation; and  
  the method  of disposal of the waste.  
 
More details of what the Minister will give c onsideration to as part of an application process can be 
found at:  https://www.comlaw.gov.au/Series/C2004A03937  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 28 - 
 
  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 proo f 
that appropriate insurances and contracts have been obtained/arranged.  
 
11. The import permit and a completed Movement/Tracking Form are required.  
 
12. There are fees associated with the permit application process as specified in the Hazardous 
Waste (Re gulation of Exports and Imports) (Fees) Regulations 1990 .  Current fees are as follows:  
 
Application fees  
Item Column 1  
Application for grant or variation of permit  Column 2  
Fee 
$ 
1 Transit permit —grant  2 484 
2 Import permit —grant  3 726 
3 Export permit —grant for operations which may lead to resource 
recovery, recycling, reclamation, direct re -use or alternative uses 
(within the meaning of the Basel Convention)  7 451 
4 Export permit —grant for operations other than those which may lead 
to resource recove ry, recycling, reclamation, direct re -use or 
alternative uses (within the meaning of the Basel Convention)  8 000 
5 Transit permit —variation  497 
6 Import permit —variation  745 
7 Export permit —variation of export permit granted for operations 
which may lea d to resource recovery, recycling, reclamation, direct 
re-use or alternative uses (within the meaning of the Basel 
Convention)  2 980 
8 Export permit —variation of export permit granted for operations 
other than those which may lead to resource recovery, re cycling, 
reclamation, direct re -use or alternative uses (within the meaning of 
the Basel Convention)  8 000 
Notes:  
 Source:  Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.   
 The Minister may determine in writing that the prescrib ed fee payable in relation to a 
specified application or a specified notice is reduced by a specified amount.  
 
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 mont hs 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 th e 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 usu ally relate specifically to the transport, treatment and/or 
disposal of the hazardous waste.  G/LIC/N/3/AUS/9/Rev.1  
 
- 29 - 
 
  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 r esponsible for ensuring they have obtained all relevant approvals 
and licenses.  
 
19. Not applicable.  
 
13  ICE PIPES  
Outline of System  
1. The importation of Ice Pipes is prohibited under provisions of the Customs Act 1901  and the 
Customs (Prohibited Imports) Regulations 1956 (PI Regulations) unless the permission of the 
Minister for Immigration and Border Protection, or an authorised person, has been obtained.  
 
Purpos es 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 Schedu le 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 volum e 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 Crime Commissio n as one of the three highest organised crime 
priorities 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 resul t 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 ma de 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.  
 
8. Application for permission to import 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 .   
 G/LIC/N/3/AUS/9/Rev.1  
 
- 30 - 
 
  Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to apply. However, permission will not be granted 
for personal use.  
 
Documentation and other requirement s for application for licence  
10. Applications must be made in writing to the Minister for Immigration and Border Protection 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.  
 
14  IMPORTS TO ANTARCTIC A 
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 pe rson 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 for research 
purposes unless authorised by a permit (s19(1)(c));  
  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/9/Rev.1  
 
- 31 - 
 
  4. The above restrictions have been put in place to implement th e 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 quanti ty 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 i ntended 
activit  y as practicable. Proponents sh ould allow six weeks for the assessment of a permit 
application.  
 
(b) Permits cannot be granted immediately upon request. The permit -holder must obtain a 
 permit prior to their arrival in Antarctica. Permits  cannot be issued retrospectively.  
 
(c)  Permit applications may be lodged at any time of the year.  
 
(d) Permit applications are assessed by one organisation – i.e. the Australian Antarctic Division 
(AAD) of the Commonwealth Department of the Environment a nd 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 p ermits 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 app eal may be made on the 
decision -making process itself under the Administrative Decisions (Judicial Rev iew) 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 li cence  
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 resear ch 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.  
 
12. There is no f ee or administrative charge.  G/LIC/N/3/AUS/9/Rev.1  
 
- 32 - 
 
  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 perso ns 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.  
 
15  IMPORTS TO TERRITORY OF HEARD I SLANDS AND  MCDONALD ISLANDS  
Outline of System  
1. The Territory of Heard 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 preserva tion 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 Protection and Management 
Ordinance 1987  prohibits:  
 
  the importa tion 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 cou ntries (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 McDo nald 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.  
 
(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 issu ed retrospectively.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 33 - 
 
  (c) Permit applications may be lodged at any time of the year.  
 
(d) s15(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 M arine 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 gra nt 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 im porters 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 informati on: 
 
 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 a ffiliated 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 Territory’s environmental management 
regime.  
 
12. No fees or administration charges are currently imposed. s15(64) 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 schedu led 
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/9/Rev.1  
 
- 34 - 
 
  Other procedural requirements  
18. There are no other administrative processes required.  
 
19. Not applicable.  
 
16  INCANDESCENT ( FILAMENT) LAMPS  
Outline of System  
1. The 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 Australia this is an effective means 
of implementing the phase -out.  The Licensing system is administered by the Appliance 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 prohibition of certain incandescent lamps without written per mission from the Minister 
responsible for the Department of the Environment and Energy or authorised person.  
 
The licensing scheme covers i nefficient GLS electric filament lamps as set out in Australian 
Standard 4934.2(Int):2008 - Incandescent Lamps for Gen eral 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 606 30) 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.   The proposed exclusions encompass the range of products for which import 
permissions have been issued to date. Once this is available it is intended that a final standard be 
referred to in the PI Regulations .  The excluded products would then no longer r equire import 
permission.  
 
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 ar e 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.  
  
http://www.border.gov.au/Importingandbuyinggoodsfromoverseas/Documents/acn_2009_04_light
globes_september_2014_000.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.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 35 - 
 
  Procedures  
6. Not applicable.  
 
7. Processing normally takes t wo 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 alterna tive 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 Depar tment of Industry 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 using other available lighting 
product s.  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 deposit or advanced payment . 
 
Condi tions 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 applic able. 
 
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 lic ence fees.  
 
17  INDUSTRIAL CHEMICALS  
Outline of System  
1. Industrial chemicals are regulated by the Australian Government under the Industrial Chemicals 
(Notification and Assessment) Act 1989 , administered by the National Industrial Chemicals 
Notification and Assessment Scheme (NICNAS) and located within the Australian Government 
Department of Health and Ageing.  
 
The Australian Inventory of Chemical Substances (AICS) lists the chemicals that are available for 
use in Australia.  Some chemicals may only be availa ble for specified/conditional use.  Any 
chemical not included in AICS or any listed chemical whose importation and/or manufacture is 
subject to a condition of use, is regarded as a new industrial chemical unless it is outside the scope G/LIC/N/3/AUS/9/Rev.1  
 
- 36 - 
 
  of the Act.  New ind ustrial chemicals must be notified and assessed by NICNAS before being 
manufactured or imported into Australia unless they qualify for an exemption.  
 
All individuals and businesses intending to import and/or manufacture relevant industrial chemicals 
for co mmercial purposes are required to register with NICNAS.  
 
NICNAS is responsible for implementing the obligations of the Rotterdam Convention domestically 
for industrial chemicals.  Australia’s import decision 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.nicnas.gov.au/about -us/international -
obligations/rotterdam -convention . 
 
The importation of polychlorinated biphenyls (PCBs), triphenyls (PCTs) and polyphenyls is 
prohibited under the provisions of the Customs Act 1901  and PI Regulations unless the permission 
in writing of the Minister for Immigration and Border Protection is granted and presented to DIBP 
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 in dustrial chemicals.  
 
Under the Industrial Chemicals (Notification and Assessment) Regulations 1990), regulation 11C, 
the importation of polychlorinated biphenyls (PCBs), triphenyls (PCTs) polyphenyls and commercial 
pentabromodiphenyl ether and commercial o ctabromodiphenyl ether is prohibited without approval 
from the Director, NICNAS.  
 
The Minister also has the power to stipulate methods for the accounting for the goods to ensure 
they are used for the stated purpose.  
 
Purposes and coverage of licensing  
2. The purpose of the notification and assessment process for new chemicals is to ensure that no 
new chemicals are introduced into Australia unless they have been assessed for risks to public 
health, occupational health and safety and the environment.  
 
The pur pose of the Rotterdam Convention is to promote shared responsibility and cooperative 
efforts among Parties in the international trade of certain hazardous chemicals in order to protect 
human health and the environment from potential harm.  
 
Certain industri al 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 appliances  (such as transformers 
and capacitors), as coolants (often in light fittings), hydraulic fluids, plasticisers and dye carriers.  
 
3. The systems and regulations apply to the importation of goods from all countries.  
 
Systems for chemicals covered by the Rott erdam Convention apply to goods originating in and 
coming from countries that are parties to that Convention. NICNAS also provides a regulatory 
framework for chemicals imported from countries which are not a Party to the Convention; for 
example: Tetraethyl  Lead.  
 
4. The notification and assessment process is to ensure that no new chemicals are introduced into 
Australia unless they have been assessed for risks to public health, occupational health and safety 
and the environment.  It is not intended to restri ct the quantity or value of imports.  
 
The licensing of 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.  
 
The importation of PCB s, PCTs and polychlorinated polyphenyls is regulated as a community 
protection measure.  These chemicals are considered to be highly toxic and virtually indestructible 
and a considerable danger to the environment.  The Australian and New Zealand Environmen t 
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 Industrial Chemicals 
(Notification and Assessment) Act 1989  is not intended to restrict the quantity or value of imports.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 37 - 
 
  5. The control on importation of PCBs, PCTs and polychlorinated polyphenyls is a statutory 
requirement under Regulation 4AB of the PI Regulations made under the Customs Act 1901 . 
 
The notification and assessment process, the registration process and the control on the 
importation of other industrial chemicals are prescribed in the Industrial Chemicals (Notification 
and Assessment) Act 1989 . 
 
These systems cannot be abolished without legislative approval.  
 
Procedures  
6. Not applicable.  
 
7. (a)  Registration must be in place before industrial chemicals may be imported.  The 
registration process required for individuals and companies intending to import relevant 
industrial chemicals may take up to 30 days.  Subject to section 8 0A & 80B of the 
Industrial Chemicals (Notification and Assessment) Act 1989 , the Director (of NICNAS) 
must deal with an application for registration, or renewal of registration, as follows: (a) if 
the application is in relation to the registration year in which the application is made or a 
previous registration year —as soon as practicable but, in any case, within 30 days after 
receipt of the application; and (b) if the application is in relation to the next registration 
year—as soon as practicable but, in a ny case, not later than the later of: (i) 30 days after 
the start of that next registration year; and (ii) 30 days after receipt of the application.  
 
 The notification and assessment of new chemicals may take several months depending on 
the amount of data available about the chemical.  
 
 For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls application for a permit should be made in advance of 
arrival of the goods.  
 
(b) For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls p ermits cannot be issued immediately as they are only 
issued on the advice of the Department of the Environment and Energy  and the National 
Industrial Ch emicals Notification and Assessment Scheme (NICNAS).  
 
 For the remaining chemicals listed on the Rotterdam Convention importers are advised to 
allow at least ten business days.  
 
(c)  Permits may be issued throughout the year.  
 
(d) For the importation of po lychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls a  permit is issued by the Minister for Immigration and 
Border Protection on the advice of the Department of the Environment and Energy and  
NICNAS .  Permission s to import PCBs are normally granted by DIBP for research purposes.  
However PCB waste may also be imported under the Hazardous Waste (Regulations of 
Exports and Imports) Act 1989, provided all the requirements of that Act have been met  
 
 For the remainin g industrial chemicals listed on the Rotterdam Convention authorisations 
are issued by NICNAS.  
 
8. For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) and 
polychlorinated polyphenyls an application for permission to i mport can be refused on the 
discretion of the Minister for Immigration and Border Protection or an authorised person.  There is 
no right of appeal against the Minister's decision. For the remaining chemicals listed on the 
Rotterdam Convention permits are i ssued by NICNAS and there is no right of appeal against a 
decision by the Director not to issue a permit. However applicants may appeal on the decision -
making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
 
Eligibility of imp orters to apply for licence  
9. (a)  Not applicable.  G/LIC/N/3/AUS/9/Rev.1  
 
- 38 - 
 
  (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 permits to import polychlorin ated biphenyls (PCBs), polychlorinated triphenyls 
(PCTs) and polychlorinated polyphenyls must be made in writing to the Minister for Immigration 
and Border Protection.  The application should include the importer's name and address and details 
of the goods  to be imported.  NICNAS Registration forms for companies and individuals that import 
or manufacture relevant industrial chemicals can be found at: https://www.nicnas.gov.au/register -
your-business. 
 
11. For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) and 
polychlorinated polyphenyls the written permission of the Minister for Immigration and Border 
Protection is required to be produced on import. For th e remaining chemicals listed in the 
Rotterdam Convention, authorisation from NICNAS is required to be in force at the time of 
importing the chemical.  
 
12. There are fees for import under the Rotterdam convention.   The fees and charges are available 
at: https://www.nicnas.gov.au/fees  
 
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
 
Conditions of licensing  
14. Permits (granted by the Minister for Immigration and Bord er Protection or an authorised 
person) apply to one consignment only.  NICNAS Registration is valid for one year commencing on 
1 September and finishing on 31 August.  
 
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. Except as set out in subsections (2), 
(3) and (4) of the Industrial Chemicals (Notification and Assessment) Act 1989 , the registration of 
a person is not transferable. (2) If a registered person  dies, the legal personal representative of 
the person’s estate becomes the registered person for the purposes of this Act. (3) If a registered 
person becomes bankrupt, the trustee of the estate of the bankrupt becomes the registered 
person for the purpose s of this Act. (4) If a body corporate that is registered is being wound up, 
the person appointed to be the liquidator of the body corporate becomes the registered person for 
the purposes of this Act.    
 
17. All authorisations to import the chemicals liste d in the Rotterdam Convention can be subject to 
conditions including the quantity. Permission granted under Regulation 4AB of the PI Regulations 
may specify conditions or requirements to be complied with by the holder of the permission.  
 
Other procedural r equirements  
18. No. 
 
19. Not applicable.  
 
18  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 an d 
Determinations.  
 
Purposes and coverage of licensing  
2. Import approvals are required for all road vehicles imported into Australia.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 39 - 
 
  3. The Motor Vehicle Standards Act 1989  (the Act), the Motor Vehicle Standards Regulations 1989 
(The Regulations), Determ inations 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 Australi an safety and environmental standards are not compromised.  
 
The Department of Infrastructure and Regional Development administers the Act and applies 
national standards for road 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 and Regional Development’s 
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 of used vehicles that are specialist and enthu siast in nature.  
A general introduction to the scheme is available from the Department of Infrastructure and 
Regional Development’s website at http://raws.dotars.gov.au/index.htm . 
 
5. Legislative require ments 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:  
https://www.infrastructure.gov.au/vehicles/imports/  or can be supplied to applicants upon 
request to the Department of Infrastructure and Regional Development.  Attention is also 
drawn to the requirements for approvals through other government agencies, such as the  
DIBP.  Information is also readily available from shipping and c ustoms 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 permanen tly may 
import their vehicle if they comply with the requirements 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 impor tation 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 circums tances 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 ex port promotion bodies of exporting countries upon 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 as sessed 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.  G/LIC/N/3/AUS/9/Rev.1  
 
- 40 - 
 
  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 DIBP.   
 
VIII. For used vehicles imported in commercia l quantities, each applicant on satisfying the 
legislative provisions, may import not more than 130 eligible vehicles per vehicle category 
(e.g. passenger car, off road vehicle, light commercial vehicle etc.) per year.  New importers 
are required to satisf y 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 a ctual 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 f or consideration, providing 
all statutory requirements are met.  
 
(c) There are no limitations on the period of the year for the submission of applications.  
 
(d) The Department of Infrastructure and Regional Development administers the vehicle import 
approv al process.  However, issues relating to  the, immigration and quarantine must be 
dealt with through the relevant agencies (DIBP and the Department of Agriculture and Water 
Resources).  
 
8. There are no circumstances under which applications for import appro val 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 appeal 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 a pproval 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 of the Regulations (personal import arrangements) a perso n, 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 cont inuous 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 recognised racing licence.  
 
Applications for import approvals for used import ed vehicles can also be submitted by 
approved Registered Automotive Workshops, or by a workshop importing one vehicle in the G/LIC/N/3/AUS/9/Rev.1  
 
- 41 - 
 
  initial process of becoming an approved workshop.  Workshops must be a company in 
Australia, or have an appointed company in Austra lia 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 appl icant 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 applicatio n 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 requiremen ts.  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 websi te at:   
http://www.infrastructure.gov.au/vehicles/imports/application_forms.aspx . 
 
11. Importers must obtain a Vehicle Import Approval before a vehicle can be importe d 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.  
 
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. Most import approvals do not have an expiry date.  Approvals issued to entities holding 
authoritie s to supply new vehicles to the Australian market generally apply for the life of the 
vehicle model.  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 o r destroyed.  
 
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.(a) Conditions may be applied to a Vehicle Import Approval for a vehicle that does not 
comply wi th 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 DIBP must also be met.  
 
19. Not applicable.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 42 - 
 
  19  NARCOTIC DRUGS, PSYC HOTROPIC SUBSTANCES AND RELATED CHEMICAL S 
Outline of System  
1. Licences an d 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 (Prohibit ed 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 require d 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) 
(i) is required for the medical treatment of an animal that is being imported and  is 
under the care of the  person ; 
(ii) was prescribed by a veterinarian for use in the animal for the purposes of  that 
treatment;  and 
(iii) was supplied to the person in accordance with the prescription of  the 
veterinarian.  
 
Incoming  passengers  who are over the age of 18 years  are allowe d to bring 2 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 s ubstances 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 ca nnot 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, Therapeutic Goods  Administration.  G/LIC/N/3/AUS/9/Rev.1  
 
- 43 - 
 
  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. A list o f licensed importers is available to 
governments on request.  
 
IV. Applications for licences are accepted at any time.  
 
V. Licence applications may take six to eight weeks to process because of the stringent checks 
made on the personnel involved and on the security arrangements in place. Licences are 
issued annually. Almost all permits are issued within 30 days of the application being 
submitted.  
 
VI. An import permit may be issued immediately foll owing the granting of  a licence. Importation 
could then proce ed. 
 
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 dr ug is not 
approved in Australia, quarantine restrictions, etc.) and the appropriate procedures for these 
controls must also be completed.  
 
VIII. There is no limit on the number of licences and permits to be issued.  However where 
relevant, the total imports  cannot exceed the INCB administered estimate.  
 
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 30 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 contacted by  the Department to 
verify application details (for example, Customs for personnel checks of  the company 
applying). The applicant does not nee d to approach these  authorities.  
 
8. An application may be refused for any of the following  reasons:  G/LIC/N/3/AUS/9/Rev.1  
 
- 44 - 
 
    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  permi ssion 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 an y refusal or revocation. A request for review of  the 
refusal can be made to the Australian Government Minister administering the Therapeutic  Goods  
Act 1989, within  90 days after the decision  first comes  into the importer’s  notice.  In the case of 
the applic ant 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 fo r a licence. A licence shall not be granted  unless  
the applicant is a fit and proper person to be granted a licence to import drugs and suitable  
security arrangements for the holding of drugs are in place. A licence is granted subject  to 
conditions concern ing 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.  
 
 A list of licensed  importers  is available  to other governments  from the Department  of 
Health.  
 
(b) Not applicable.  
 
Documentation and other requirements for application for licence  
10. Applications for licences and permits must be submitted on either an "Application for a  Licence  
to Import  Controlled  Substances"  or "Application  for a Permit  to 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;  G/LIC/N/3/AUS/9/Rev.1  
 
- 45 - 
 
    proposed date of  import;  
  mode of transport (e.g. airfreight, sea  freight);  
  where applicable, the name of the end user and the use of th e end  substance.  
 
A separate  Permit  to Import  is required  for every  shipment  of a controlled  substance  and will not 
be issued  unless  a licence  is already  held. All permits  must be obtained  in advance  of the 
controlled substance arriving in  Australia.  
 
11. The import  permit  is the required  document  and, for some  substances,  the complementary  
overseas export  permit.  
 
12. 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 (year of application if applied  for 
before 30 September, or following year if after 30 September).  Import permits are usually   valid 
for up to six  months.  
 
15. No. However,  if a licence  holder  has not used the licence  during  the year and applies  for a 
renewal, the applicant may need to justify retention of the  licence.  
 
16. Licences and permits are not  transferable.  
 
17. For licences, conditions apply to the k eeping 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).  
 
Other procedural requirements  
18. Importers of narcotic drugs, psychotropic subs tances 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.  
 
20  OBJECTIONABLE ITEMS  
Outline of System  
1. Import controls exist on offensive publications and goods 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 without the prior written 
approval of the Attorney -General or by an authorised person.  
 
Purposes and coverage of licensing  
2. Objectionable goods include: computer games; computer generated images; films; interactive 
games; publicatio ns 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 w ho 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 d rug 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 G/LIC/N/3/AUS/9/Rev.1  
 
- 46 - 
 
  above, computer games classified RC (Refused Classification) under the Classification 
(Publicat ions, 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 a re 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 th e 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 arrival of the goods.  Applications generally take 
up to 20 worki ng days to process assuming the applicant has provided sufficient information 
to allow a decision to be made.  Applications may be made retrospectively if goods land and 
are seized by the DIBP. This may happen when the applicant inadvertently fails to appl y in 
advance, or does not realise the goods would be prohibited.  The same processing time 
applies, and DIBP will delay destruction of the goods once they are notified an application for 
permission has been made.  If the permission to import is refused or granted subject to 
conditions the applicant will be notified of the decision by notice in writing within 30 days of 
the decision.  
 
(b) No. 
 
(c) Permits may be issued at any period of the year.  
 
(d) An application for permission to import can be refused, or  granted subject to conditions, on 
the discretion of the Attorney -General, or a person nominated by the Attorney -General .  
Under Regulation 4A(2A) of the  PI Regulations the Attorney -General has appointed the 
Director and Deputy Director of the Classificat ion Board as authorised persons to grant 
permissions to import.  Australian Border Force is responsible for determining whether goods 
are ‘objectionable’ at the border and may seek advice from the  the Australian Classification 
Board prior to making a deter mination.  
 
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 (AA T), 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 Attorney -General may certify in writing that 
in the public interest the responsibility for permission or refusal should remain solely with the 
Attorney -General and shoul d 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 appl y 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 Commonwealth Attorney -
General or an authorised person (the Director, or Deputy Director o f 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);  G/LIC/N/3/AUS/9/Rev.1  
 
- 47 - 
 
    the purposes for which the goods are to be imported;  
  explanation and evidence of the extent to which the person to whom permission would be 
granted conducts activities of an artistic, educational, cultural or scientific nature to which 
the goods relate;  
  evidence of the reputation of the person both in general and in relation to the activities 
described above; and  
  explanation of the person’s ability to meet any conditions that may be imposed in relation 
to the goods under sub -regulation 3 (i.e. custody, use, reproduction, disposal, 
destructions, exportation or accounting for the goods).  
  any other  relevant  matters.  
 
11. Proof of authorisation is required on importation.  
 
12. There is no licensing fee or administrative charge.  
 
13. There is no deposit or advance payment requirement associated with the issue of li censes.  
 
Conditions of licensing  
14. Permits apply to one consignment only.  
 
15. There is no penalty for the non -utilisation of a permission or a portion of a permission.  
 
16. Licenses are not transferable between importers.  
 
17. Conditions may be applied regarding the custody, use, reproduction, disposal, destruction or 
exportation of the imported goods or with 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 wa s 
granted.  
 
Other procedural requirements  
18. No. 
 
19. Not applicable.  
 
21  ORGANOCHLORINE CHEMI CALS  
Outline of System  
1. The importation of certain organochlorine chemicals 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 and Water Resources or an 
authorised officer, is provided to the Australian Border Force at the time of importation.  An 
authorised officer means an officer of the Department of Agriculture and Water Resources who is 
authorised in writing by the relevant Minister for the purposes of this regulation.  
 
Purposes and coverage of licensing  
2. The organochlorine pesticides (OCPs) group of chemicals were once commonly used pesticides 
in agriculture and industry, however, they have since been found to produce harmful effects on 
animals, people and the environm ent.  The OCP range that is subject to Australian import controls 
includes the intentionally produced persistent organic pollutants that are listed under Schedule 1 of 
the Agricultural and Veterinary Chemicals (Administration) Regulations 1995, which are a mended 
from time to time, to, inter alia, reflect the Australian Government’s ratification of decisions made 
by the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants  
(Stockholm Convention).  
 
3. The regulations apply to the importation of chemicals listed in Schedule 1 from all countries.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 48 - 
 
  4. The importation of these chemicals is regulated as a community protection measure.  These 
chemicals are considered to be generally persistent in the enviro nment, relatively toxic and  
bio-accumulative.  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, labo ratory -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 o f 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.  Au stralia 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 b e made in advance of arrival of the goods. However, if the chemicals 
have arrived without a permit, the Australian Border Force will hold the shipment until a 
permit is granted.  
 
(b) Permits are not normally issued immediately.  Applications for permits ar e made to the 
Department of Agriculture and Water Resources and normally processed within two (2) 
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 Water Resourc es 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 and Water Resources.  Reasons for refusal would be exp lained 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 Decisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for l icence  
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 t he relevant Minister or 
authorised officer at http://www.agriculture.gov.au/ag -farm-food/ag -vet-chemicals/stockholm -
rotterdam .  The application should include t he 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 autho rised officer is required to be produced on 
import.  
 
12. There is no licensing fee or administrative charge.  
 
13. There is no deposit or advance payment requirement associated with the issue of licenses.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 49 - 
 
  Conditions of licensing  
14. Permits usually apply t o 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 Chemica ls (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 permiss ion, 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 requirem ents 
18. No. 
 
19. Not applicable.  
 
Further information can be found at http://www.agriculture.gov.au/agriculture -food/ag -vet-
chemicals/stockholm -rotterdam . 
 
22  OZONE -DEPLETING SUBSTANCES  AND SYNTHETIC GREENH OUSE GASES  
Outline of System  
1. Australia manages its obligations for ozone depleting substances controlled by the Montreal 
Protocol on Substances that Deplete the Ozone Layer  and, for synthetic greenhouse ga ses, 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, carb on 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 Montre al Protocol.  
Australia’s Montreal Protocol obligations are implemented through a system of licensing and quota 
restrictions on ozone depleting hydrochlorofluorocarbons (HCFC) and licensing of imports of methyl 
bromide.  
 
Australia controls the import and m anufacture of synthetic greenhouse gases (hydrofluorocarbons, 
perfluorocarbons and sulfur hexafluoride) in accordance with its obligations under the Kyoto 
Protocol. A licence is required to import and manufacture synthetic greenhouse gases and to 
import pr oducts 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;  
o  import, export or manufacture of bulk HCFCs, with import quotas set in line 
with Montreal Protocol phase -out obligations and Australia’s domestic policy to 
accelerate phase -out of HCFCs;  
o  import, export or manufacture of bulk hydrofluorocarbons, perfluorocarbons, 
and sulfur hexafluoride, with no rest rictions on quantity.  
 Essential use : 
o  import, export or manufacture of bulk chlorofluorocarbons, halons, carbon 
tetrachloride, methyl chloroform and bromochloromethane approved for 
essential use by the parties to the Montreal Protocol.  G/LIC/N/3/AUS/9/Rev.1  
 
- 50 - 
 
   Used substances : 
o  import and export of bulk used chlorofluorocarbons, halons, carbon 
tetrachloride, methyl chloroform, bromochloromethane, methyl bromide and 
hydrochlorofluorocarbons;  
o  precharged equipment containing synthetic greenhouse gases and HCFC s; and  
o  'Equipment Licen ce' import of equipment containing HCFCs and/or synthetic 
greenhouse gases'.  
 
Effective 4 November 2014, the Government introduced an exemption for low volume equipment 
importers outlined in the Ozone Protection and Synthetic Greenhouse Gas Management 
Amen dment Regulation 2014 . A low volume importer is an i mporter who imports less than 
5 pieces of equipment, with less than 10kg total charge over a two year period. A typical low 
volume importer is an individual who is importing a piece of equipment, either b y itself or 
contained in another piece of equipment such as a motor vehicle. Importers who are eligible for 
this licence exemption are able to self -assess through the Ozone Licensing and Reporting Scheme. 
Importers of equipment who are over this threshold continue to require an import licence under 
the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 . 
 
Strict conditions and reporting requirements apply in relation to all licences issued.  
 
The import and manufacture of refrigeration and air conditioning equipment charged with an HCFC 
refrigerant, designed to operate only using a HCFC refrigerant or containing insulating foam 
manufactured with a HCFC is prohibited under the legislation, unless an exemption has been 
granted. These exemptions we re reviewed for 2015 apply to:  
 
  chillers charged with HCFC -123 (to 31 December 2015);  
  replacement parts for existing HCFC air conditioning and refrigeration equipment (to 31 
December 2019);  
  components for  existing high static ducted split system air con ditioners to 30 June 2016);  
  equipment insulated with foam manufactured with HCFC (to 31 December 2019);  
The exemptions apply up to the dates stated above, unless the regulations are modified to provide 
for an alternative date.  
 
In addition, certain produ cts containing, manufactured with or designed to operate using some 
ozone depleting substances are prohibited from import, export or manufacture unless the Minister 
has granted an exemption.  An exemption under Section 40 of the Act is issued only where th e use 
of a substance is essential for medical, veterinary, defence, industrial safety or public safety 
purposes and no practical alternative exists.  
 
Exemptions in limited circumstances can be given for the import or manufacture of certain 
products contain ing 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 restrictions applying to trade of ozone 
depleting substances with countries that a re 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 leading to eventual 
phase -out, the 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) Ac t 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 S ynthetic 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.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 51 - 
 
  The legislation does not leave designation of products to admi nistrative 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 equipm ent 
containing these substances is prohibited under provisions of the Customs Act 1901  and the PI 
Regulations unless a licence has been obtained or the goods are exempt from licensing 
requirements.  
 
Procedures  
6. The quantity of controlled ozone depleting substances 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 synthetic g reenhouse gases.  
 
I. Information on licences is published in customs notices, trade journals, on the Australian 
Government Department of the Environment and Energy website and in an Australian 
database for business.  The Department of the Environment and E nergy 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 
must 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. Controlled substances, used substances and pre -charged equipment licences are issued 
biennially. 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.  Each 
grant of a controlled substance licence for an ozone depleting substance specifies the 
amount permitted to be  imported or manufactured during the licence period.  Essential use 
licences are issued annually.  Each licence specifies the amount and type of substance to be 
imported for the entire duration of the licence.  
 
HCFC import quotas are based on the total ann ual consumption (i.e. production plus 
imports, minus exports) limit under the Montreal Protocol, adjusted for Australia’s 
accelerated phase -out policy as applicable.  Individual HCFC licence quotas are based on 
imports in the previous licence period.  
 
III. Australia has no domestic manufacture of ozone depleting substances.  All HCFC 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 and domestic legislation are not cumulative.  The names of Australian importers are 
available to the public on the Australian Government Departmen t of the Environment and 
Energy website.  
 
IV. Licence applications may be made at any time.  The Department of the Environment and 
Energy will seek licence reapplications for a new licence period up to six months prior to the 
commencement of the licence pe riod. 
 
Consideration of a licence application may take up to 60 days The Ozone Protection and 
Synthetic Greenhouse Gas Management Act 1989  provides that if after 60 days the Minister 
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 of the request for more information, 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.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 52 - 
 
  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 and 
Energy .  This power has bee n delegated to certain officers in the Australian Government 
Department of the Environment and Energy.  Applicants need only apply to the Department 
of the Environment and Energy.  
 
VIII. There is no limit to the number of licences that can be issued under the Ozone Protection 
and Synthetic Greenhouse Gas Management Act 1989 .  The quantity of ozone depleting 
substances that can be imported is limited under the Montreal Protocol and the  Ozone 
Protection and Synthetic Greenhouse Gas Management Act 1989 .  HCFC imports are 
managed through a quota system, based on relative imports in the previous licence period.  
 
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 
arrived.  Applicants are discouraged from organising an import until a permit or a licence 
has been granted.  Under the Ozone Protection and Synthetic Greenhou se 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 perio d for 
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, r egardless 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) Licence applications are considered by the Department of the Environment and Ene rgy.  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 Administra tive Appeals Tribunal for a review of the decision not to issue a licence.  
Alternatively, an appeal may be made on the decision -making process itself under the 
Administrative Decisions (Judicial Review) Act 1977.  
 
Eligibility of importers to apply for lic ence  
9. (a)  Noting the quota restrictions for HCFC 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 appli cation for licence  
10. Controlled Substance, Essential Use, Used Substance and Pre -charged Equipment application 
forms are available on the Department of Environment and Energy 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 Syntheti c Greenhouse Gas Management 
Act 1989. 
 
12. Licence application fees are charged.  Fees are: Controlled substances - $15,000; Essential 
Use - $3,000; Used Substance - $15,000; and Pre -charged Equipment - $3,000.  G/LIC/N/3/AUS/9/Rev.1  
 
- 53 - 
 
  In addition, holders of a controlled substance licence are required to pay a quarterly  activity fee: 
HCFC - $3,000 per ODP (Ozone Depleting Potential) tonne; Methyl Bromide - $135 per tonne; 
synthetic greenhouse gases - $165 per tonne.   
 
13. There is no deposit or advance payment requirement associated with the issue of licences.  
 
Conditio ns 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 jo int application by 
the transferor and transferee is made to the Department of the Environment and Energy.  
 
17. Licensees are not permitted to trade in ozone depleting substances with non -parties to the 
Montreal Protocol. General conditions of the licence a re 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 quarterly activity reports and pay the appropriate import levy, as per 
the Ozone Protection an d Synthetic Greenhouse Gas Act 1989 . 
 
Conditions may also apply to the purpose to which the imported substance is to be applied if its 
consumption has been approved for a specific purpose through the Montreal Protocol.  
 
Other procedural requirements  
18. No. 
 
19. Not applicable.  
 
23  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 lawf ul if the Commonwealth 
Attorney -General has issued a permit under the PI Regulations and, if applicable, an authorisation 
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 DIBP and state and territory import licensing and permissions systems apply to importers of 
plastic explosives from all c ountries, 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 
Attorney -General may have regard to whether the import of unmarked plastic explosives is 
reasonable.   
 
5. The control of plastic explosives is a statutory requirement under Regulation 4AA of the PI 
Regulati ons made under the Customs Act 1901 .  The control cannot be abolished without G/LIC/N/3/AUS/9/Rev.1  
 
- 54 - 
 
  legislative approval.  The provisions requiring Authorisation to be obtained for certain dealings with 
unmarked plastic explosives under the Criminal Code cannot be abolished with out legislative 
approval.  
 
Procedures  
6. Not applicable.  
 
7.(a) No specific timeframe.  However, it is recommended that the application forms are 
completed and submitted at least six weeks before the goods’ expected arrival in Australia.  
 
In addition, the  importer must provide the 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 DIBP and Criminal Code regimes respective ly.  
In the case of unmarked plastic explosives, an Application for Authorisation to import 
unmarked plastic explosives should be lodged with the Attorney -General’s Department at 
the same time as the permission form.  
 
(b) A permit under the DIBP scheme wou ld not normally be granted immediately as some 
conditions must be fulfilled.  Checking of applicants’ suitability to hold a permit generally 
takes some time and therefore permits cannot generally be issued immediately upon 
request.  
 
An Application for an A uthorisation under the Criminal Code regime must be submitted to 
the Attorney -General for his or her consideration and, if the Application is approved, an 
instrument of authorisation is executed and provided to the applicant.  The process may 
take approxim ately two to three weeks.  
 
(c) No. 
 
(d) Granting permission for the importation of plastic explosives involves state and territory 
licensing authorities, the DIBP and the Attorney -General’s Department.  Authorisations and 
Permissions to import unmarked pla stic explosives and Permissions to import marked plastic 
explosives are granted by the Attorney -General or an authorised officer.  
 
8. Unless otherwise stated, the regulations allow a Minister to consider whatever he or she 
believes necessary in forming a v iew as to whether or not to grant a permit.  An import permit 
under the DIBP scheme 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 explosive s may be refused by the Attorney -General if 
he or she considers that the proposed importation is unreasonable and/or considers that the 
authorisation ought not be granted having regard to such matters as he or she considers relevant.  
An application may be  made to the Administrative Appeals Trib unal for review of the 
Attorney -General’s decision to refuse to grant an Authorisation or the Attorney -General’s decision 
to specify a condition or restriction in an Authorisation made under section 72.18(1) (authori sation 
for research), section 72.19(1) (authorisation for defence and police purposes), section 72.20(1) 
(authorisation for use of existing stocks) or section 72.21(2) (authorisation for manufacturers).  
 
The Attorney -General or his or her authorised office r would be required to give reasons for 
refusing to grant an Authorisation.  If the Attorney -General’s decision is affected by jurisdictional 
error or error of law, it is susceptible to judicial review under the Administrative Decisions (Judicial 
Review) A ct 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 plas tic explosives.  
Individuals, institutions, or corporations are eligible to apply for an authorisation to import 
unmarked plastic explosives.  G/LIC/N/3/AUS/9/Rev.1  
 
- 55 - 
 
  Documentation and other requirements for application for licence  
10. In order to import unmarked plastic explosive s importers will need to complete:  
 
  an application  for authorisation to either manufacture, possess, traffic in, import or export 
unmarked plastic explosives;  
 an application for permission to import unmarked plastic explosives; and  
 a manufacturers certif icate.  
 
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 A ttorney -General’s authorisation 
to import plastic explosives can be granted.  A state or territory licence or permit must be obtained 
in advance of the plastic explosives arriving in Australia.  If the permission to import plastic 
explosives (and authorisa tion if the plastic explosives are unmarked) is obtained from the 
Attorney -General, a permit number will be issued.  This permit number must be presented to the 
DIBP at the time of lodging an import declaration.  
 
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. No licensing fees are applicable.  
 
13. No deposit or advance payment is required for DIBP purposes.  No deposit or advance 
payment is associated with the issue of permissions or authorisations by the Attorney -General.  
 
Conditions of licensing  
14. The Attorney -General is abl e to issue authorisations for 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 t erms 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 
Attorney -General.  
 
16. Permits issued under the DIBP scheme are not transferable.  Similarly, authorisations issued 
by the Attorney -General apply only to t hose applicants to whom/which 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 t he Attorney -General 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 Attorney -General’s Department 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 Acts and Regulations are as follows:  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 56 - 
 
   Criminal Code Act 19 95 : 
https://www.comlaw.gov.au/Details/C2015C00601  
 
 Customs Act 1901 : 
https://www.comlaw.gov.au/Details/C2016C00066  
 
 Customs (Prohi bited Imports) Regulations 1956 : 
https://www.comlaw.gov.au/Details/F2016C00106  
 
 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  
 
24  RADIOACTIVE SUBSTANC ES 
Outline of System  
1. The importation of radioactive substances and goods containing r adioactive 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  DIBP  
at the tim e of importation.  In order for a permit to be considered the applicant must be in 
possession of a Radioactive Substances Licence from the relevant commonwealth, state or 
territory radiation regulatory control jurisdiction, where required.  
 
Purposes and co verage of permission to import  
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 Mov ements 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 importer i s in possession of a 
valid Radioactive Substances Licence, where required, from the relevant commonwealth, 
state or territory radiation control authority.  For certain classes of radioactive substances 
the relevant Commonwealth, State or Territory radiatio n 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 fo r Medical Radioisotopes”, or on REG -PER-FORM -310A, 
“Application for Permission to Import Non -Medical Radioactive Substances”.  G/LIC/N/3/AUS/9/Rev.1  
 
- 57 - 
 
  (e) These forms, and instructions for completing the forms, are available on the ARPANSA 
website  (http://www.arpansa.gov.au/Regulation/Permits/index.cfm ). 
 
Before submitting an application for permission to import, the importer must be in possession of a 
valid Radioactive Substances Licence, where required, from t he relevant commonwealth, state or 
territory radiation control authority.  The licence number and licence details must be stated on the 
application Form.  
 
8. Application for permission to import can be refused on the discretion of the Minister for Health. 
There is no right of appeal against the Minister's decision. However, an appeal may be made on 
the decision -making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence  
9. (a)  Not appli cable.  
 
(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.  The applicatio n 
should include the following information:  
 
 importer’s name and address;  
 end users name and address;  
 details of the radioactive substance ; 
 details of the goods to be imported; and  
 details of the Radioactive Substance Licence.  
 
Application forms are availa ble on the ARPANSA Web site 
(http://www.arpansa.gov.au/Regulation/Permits/index.cfm ). 
 
11. The written permission of the Minister of Health, or an authorised officer, is required to be 
produced on import.  
 
12. ARPANSA has an administrative charge of $168 for the granting of a single shipment permit, 
and $1,945 for the granting of a Twelve Month Permit.  
 
13. There is no deposit or advance payment requirement associated with the issue of l icenses.  
 
Conditions of permit  
14. Permits for the importation of medical or non -medical radioisotopes may apply to one 
consignment only, or may apply to an unlimited 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 ensure 
that the radi oactive materials are only supplied to valid licence holders.  
 
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. (a) Not applicable.  
 
(b) Permission granted un der 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 http://www.arpansa.gov.au/Regulation/Permits/index.cfm . 
 G/LIC/N/3/AUS/9/Rev.1  
 
- 58 - 
 
  Other procedural requirements  
18. No. 
 
19. Not applicable.  
 
25  SECURITY SENSITIVE A MMONIUM NITRATE  
Outline of System  
1. The importation of security sen sitive ammonium nitrate (SSAN) is prohibited under the 
provisions of the Customs Act 1901  and Customs (Prohibited Imports) Regulations 1956 (PI 
Regulations) u nless:  
 
(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 DIBP 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 le ast 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 n eed 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 m eans 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 requ irements 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.  G/LIC/N/3/AUS/9/Rev.1  
 
- 59 - 
 
  (b) All persons, firms and institutions are eligible to apply for permiss ion to import although they 
must satisfy the requirements of the legislation in the jurisdiction where they are applying for 
the licence.  
 
Documentation and other requirements for application for licence  
10. Applications for licences must be made to the re levant 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 DIBP 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 o f 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. Licenses are not transferable between importers.  
 
17. Licences m ay impose conditions to be complied with.   
 
Other procedural requirements  
18. Not applicable.  
 
19. Not applicable.  
 
26  TABLET PRESSES  
Outline of System  
1. The importation of tablet presses 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 Immigration and Border Protection, or an authorised person, has been obtained.  
 
Purposes and coverage of licensing  
2. Tablet presses are defined as manual, semi -automatic or fully automatic equipment which can 
be used for the compaction or moulding of powdered or granular solids, or semi -solid material to 
produce c oherent solid tablets.   
  
3. The system applies to the importation of goods originating from all countries.  G/LIC/N/3/AUS/9/Rev.1  
 
- 60 - 
 
  4. The PI Regulations are not intended to restrict the quantity or volume of imports. A permission 
can specify conditions or requirements including  times for compliance and the number of tablet 
presses allowed to be imported.  The Minister or an authorised person has the power to revoke 
permission where the holder does not comply with a condition or requirement.  The manufacture 
and distribution of a mphetamine 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.  More information can be found at: 
https://www.comlaw.gov.au/Details/F2016C00106 . 
 
Procedures  
6. Not appli cable.  
 
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.  
 
8. Application for permission to import can be refused at the discretion of the relevant Minister.  
Reasons for re fusal 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 instituti ons are eligible to apply.  
 
Documentation and other requirements for application for licence  
10. Applications must be made in writing to the Minister for Immigration and Border Protection 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://bordernet.immi.local/Forms . 
 
11. The original permission from the M inister 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. The Minister may specify a time period fo r 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 spe cified.  
 
Other procedural requirements  
18. No. 
 G/LIC/N/3/AUS/9/Rev.1  
 
- 61 - 
 
  19. Not applicable.  
 
27  THERAPEUTIC SUBSTANC ES AND GOODS  
Outline of System  
1. Importation into Australia of therapeutic goods for human use is controlled under  the 
Therapeutic Goods Act 1989 , and its Regulations , and the Customs (Prohibited  Imports)  
Regulations 1956 (PI  Regulations).  
 
Under  the Therapeutic  Goods  Act 1989, therapeutic  goods  may not be imported  into Australia  
unless  they are registered,  listed  or included  in the Australian  Register  of Therapeutic  Goods 
(ARTG) or specifically exempt from this requirement. One exemption is for personal importation  
of therapeutic  goods.  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 Administratio n; 
 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 practitioner 
registered in an Australian State or Territory (Note: medicines carried by a pass enger 
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 5A, 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 (included in Schedules 7A of the  PI 
Regulations) and  other substances, including anabolic or androgenic substances (included  in 
Schedule  8 of the PI Regulations).  Substances  of human  or animal  origin  are not prohibited  
imports per se. 
 
Importation  of narcotic  drugs,  psychotropic  substances  and related  chemi cals, 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. Impor t 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 substanc es/goods covered  are: 
 
 Substances  named in regulation 5A (1) of the PI Regulations. Currently, only antibiotic  
substances  are so specified.  Exemption applies in the case  of: 
 antibiotics  carried by a passenger on a ship or aircraft where the antibiotics ar e for the  
sole use of the passenger or the passenger’s relative, and the amount does not exceed 
3 months’  supply of the substance at the maximum dosage recommended by the 
manufacturer of  the substance;  or G/LIC/N/3/AUS/9/Rev.1  
 
- 62 - 
 
   antibiotics  required for the use of an animal that is being imported and is under the 
care of  a passenger on the same ship or aircraft and the amount does not exceed 3 
months’ supply  of the substance at the maximum dosage recommended by the 
manufacturer of  the substance;  or 
 antibiotics imported by a membe r of a group of persons visiting Australia to participate 
in a national  or international  sporting  event,  and for use in the treatment  of a 
member  or members  of that group  or an animal  that is being  imported  and is 
under  the care of the group.  
 Goods  to which regulation  5G 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:  
 the substance is required for the medical treatment of a person who is a passenger on 
a ship or aircraft;  and 
 the substance is imported into Australia on the ship or aircraft;  and 
 the substance was prescribed by a medical practitioner for that treatment;  and 
 the amount  of the substance  imported  does not exceed  the amount  of the 
substance  prescribed by the medical practitioner for the person receiving the  
treatment.  
However, the above exemption does not apply if the goods are required for the medical  treatment 
of a person who is an athlete within th e meaning of section 4 of the Australian Sports  Anti-Doping 
Authority Act 2006 ; or a person who has come to Australia for purposes relating to  the 
performance  of a competitor  or the management  of a competitor  or a competitor’s  interest.  
 
 Goods  to which  Regulation  5H of the PI Regulations  refers,  that is, goods  listed  in 
Schedule  8 to the Regulations.  Schedule 8 includes anabolic or androgenic  substances.  
 
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 r estrict entry to Australia of substances  that 
may be the subject of abuse in one form or another, or pose a risk to public health such that  they 
should not be accessible to the general public via personal import arrangements. The  importation  
of antibiotics  is regulated as a public health measure. It also allows information on the  distribution  
and consumption of antibiotics in Australia to be obtained. Goods listed in Schedules 7A and 8  to 
the P I  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 
Therapeu tic 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 issue d at any period of the  year. 
 
(d) Applications  for import  permits  under  regulations  5A, 5G and 5H of the PI Regulations  are 
processed and issued within the Department of  Health.  
 
8. If an import  permit  under  regulations  5A, 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 G/LIC/N/3/AUS/9/Rev.1  
 
- 63 - 
 
  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 Administrative Appeals Tribunal. In addition, an appeal may be made  
on the de cision -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 provid ed they 
are domiciled in Australia. They must also comply with any State/Territory  legislation  
relating to manufacture and  wholesale.  
Documentation and other requirements for application for licence  
10. For permission to import antibiotics under Regulation  5A (1) of the PI  Regulations,  applications 
should be made in writing, including the following  information:  
  importer's name and  address;  
  name of the manufacturer  and location of the  manufacture;  
  details  of the goods to be imported (whether raw material or formulated  product);  
  quantity and distribution  (end-use);  
  State/Territory Schedule 4 (prescription only medicine) licence  number.  
 
For permission  to import  goods  specified  in Schedule  8 (Regulation  5H of the PI Regulations)  the 
written application mus t 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  licenses.  
 
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. Conditions are not usually related to the quantity imported for substances named  in 
Regulation  5A (1) of the PI Regulations.  Permits  issued  for substances  in Schedules  7A and 
Schedule 8 of the PI Regulations are subject to individual quantitative restrictions. However,  there  
is no annual quota or annual quantitative restrictions applicable to these goods required  under  the 
legislation or under an international  agreement.  
 
The quantitative restriction applies to individual importers as a condition of the import permit  and 
is based on established need and end  use. 
 
Import permits may also cite such matters  as: 
 
 comp liance with other State, Territory and Commonwealth  laws;  G/LIC/N/3/AUS/9/Rev.1  
 
- 64 - 
 
   the subsequent use of the therapeutic  good;  
 the custody, use, disposal or distribution of the imported  goods;  
 the keeping of records relating to the 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.  
 
28  UNMANUFACTURED TOBAC CO 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 Custom s 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 wh o also hold a permission to import unmanufactured tobacco leaf 
(permission) are able to import these goods as an input to manufacture or more generally deal in 
tobacco seed, plant or leaf.  
 
3. The system applies to unmanufactured tobacco leaf originating f rom 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 illici t 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 leg islative 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 co ntrol 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 appl ied to the issuing of 
ATO issued warehouse licences under S79 of the Customs Act.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 65 - 
 
  (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 administ ration of excise equivalent goods 
(EEGs) under delegation from the Department of Immigration and Border Protection (DIBP).  
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. The se 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 provide d 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 lic ence. 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 sa me regulation allows a person who is dissatisfied with 
a decision to object to it in the manner set out in Part IVC of the Taxation Administration Act 1953 . 
 
Eligibility of importers to apply for licence  
9. Yes. As long as the person or business has a site  to be licensed in Australia they can apply.  
Excise and Customs licences are linked to sites as well as the individual or company applying.  
Each site operated by a single entity must be licensed 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 w ith 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. 
 G/LIC/N/3/AUS/9/Rev.1  
 
- 66 - 
 
  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 supply the following information:  
 
  Name, address , ABN and other contact details  
  Details of the premises where the ac tivity 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 Commi ssioner 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 DIBP.  
12. There are no fees associated with the Excise licences or the permission. There are fees 
associated with the customs warehouse licence.. The initial application fee is A$3000 and the grant 
charge is A$4,000. There is an annual 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 permis sion is valid for the same period as the licence although, rather 
than being renewed, it must be re -issued. This is an administrative requirement only.  
 
In contrast, a warehouse licence is valid for 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.  
 
15. No. 
 
16. Excise manufacturer, dealer or Customs warehouse licences are not transferable. Although  
the ATO licenses the site, the licence cannot b e 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.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 67 - 
 
  Links to legislation : 
 
 Excise Act 1901:  https://www.comlaw.gov.au/Details/C2015C00361  
 Customs Act 1901: https://www.comlaw.gov.au/Details/C2016C00066  
 Customs (Prohibited Imports) Regulations 1956:  
 https://www.comlaw.gov.au/Details/F20 16C00106  
 Taxation Administration Act 1953:  https://www.comlaw.gov.au/Details/C2016C00009  
 
29  VIABLE MATERIAL DERI VED FROM HUMAN EMBRY O 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 wit h Australian legislation”.  
 
The relevant regulations are the Customs Amendment Regulations 2009 (No. 3) (Select Legislative 
Instrument 2009 No. 186), the Customs (Prohibited Exports) Amendment Regulations 2009 
(No. 1) (Select Legislative Instrument 2009 N o. 187) and the Customs (Prohibited Imports) 
Amendment Regulations 2009 (No. 3) (Select Legislative Instrument 2009 No. 188).  The 
regulations prohibit the import or export of viable material derived from human embryo clones 
unless the Minister or an autho rised person has granted permission in writing and the permission 
is produced at or before the time of import or export.  
 
Although the first embryonic stem cell lines from human emb ryo clones were reported in 
May 2013, a request for permission to import or  export such material has not yet been made.  
Details of the permit system will be developed as required and prospective importers and 
exporters 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 relate d Resea rch 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 Hum an Cloning for Reproduction Act  2002 is intended to prohibit the import 
or export of viable material derived from human embryo clones unless the Minister or an 
authorised person has granted permission.  
 
5. The relevant legislation is cited above at questio n 1. 
 
Obtaining a permit under the legislation is a statutory requirement in all circumstances.  All 
materials covered by the definition of “viable material” derived from a “human embryo clone” will 
require a permit.  This is not subject to 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 final ised 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.   
 G/LIC/N/3/AUS/9/Rev.1  
 
- 68 - 
 
  (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 DIBP on any permits issu ed.  Requirements under Schedule 6 of the Customs 
(Prohibited Exports) Regulations 1958  relating to the volume and packaging of the material 
will also apply.  
 
8. An application that meets the criteria will be granted a permit.  Where an application is refu sed, 
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 h old a licence issued under the 
Research Involving Human Embryos Act 2002  authorising 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 th e 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 evide nce 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 Legis lation, 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.  
 
15. No.   
 
16. Given the requirements for obtaining the permit, it is unlikely that the s ystem 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.  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 69 - 
 
  19. Not applicable.  
 
30  WEAPONS AND CROWD CO NTROL 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.  
 
The Act can be found at:  
https://www.legislation.gov.au/Series/C1901A00006  
 
The Regulations can be found at:  
https://www.legislation.gov.au/Series/F1996B03651    
 
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 PI Regulations.  
 
The importation of goods specified in Schedule 13 of the Regulations is prohibited unless the 
conditions, restrictions or requirements specified are complied with and the written permission of 
the Minister for Immigration and Bord er Protection, or an authorised person, is granted - 
applications are processed through the Department of Immigration and Border Protection (DIBP).  
Some goods specified in Schedule 13 may be imported with certification from the police in the 
state or terr itory of residence.  
 
The importation of goods specified in Schedule 6 is prohibited unless the conditions, restrictions or 
requirements specified are complied with and the written permission of the Attorney -General’s 
Department, or an authorised person, is  granted - applications are processed through the 
Attorney -General’s Department.  Some goods specified in Schedule 6 may be imported with 
certification the police in the state or territory of residence or importation.  
 
3. The regulations apply to importati ons from all countries.  
 
4. The PI Regulations are not intended to restrict the quantity or volume of imports.  Importers 
must specify the quantity of goods when seeking to apply for single import permission.  Ongoing 
permits can be issued for Schedule 13 goods for projects requiring multiple shipments of goods 
over a specified period of time.  Firearm dealers can be issued ongoing permit s for certain 
Schedule 6 goods.  
 
Controls on importation have been introduced as a community protection measure.  The mon etary 
value is not a criterion for control.  
 
5. The control on importation of the specified goods is a statutory requirement under the PI 
Regulations made under the Customs Act 1901 .  The system cannot be abolished without 
legislative approval.  
 
Procedures  
6. Not applicable.  
 
7. (a)  Application must be 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.  Permissi on itself cannot be 
granted immediately, as the decision -maker must consider whether the importation meets 
the requirements specified in the PI Regulations before giving written permission.  
 
(c) Permits may be issued at any period of the year.  G/LIC/N/3/AUS/9/Rev.1  
 
- 70 - 
 
  (d) The perm ission of the Minister 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 DIBP or the relevant state or territory Police where appropriate.  Ap plications 
for import permits required under Schedule 6 are processed by the Attorney -General’s 
Department, or the relevant state or territory Police where appropriate.  
 
8. Application for permission to import can be refused at the discretion of the releva nt Minister, or 
police representative where appropriate.  Reasons for refusal are given to applicants. An appeal 
may be made on the decision -making process under the Administrative Decisions (Judicial Review) 
Act 1977 .  
 
Eligibility of importers to apply f or 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, or an authorised person.  The application 
must include supp orting documentation showing the importation complies with the relevant 
conditions, restrictions or requirements specified are complied with and confirmation that the 
goods can be possessed or sold on the relevant state or territory.  
 
The application form for Schedule 13 goods can be found at:  
https://www.border.gov.au/Forms/Documents/B710.pdf . 
 
The application form for Schedule 6 goods can be found at:  
https://firearms.ag.gov.au/ApplicationForm.aspx  
 
Importers must contact their state or territory police firearms registry when importing items under 
police certification.  
 
11. A copy of the permission from the Minister, authoris ed person, or state or territory police is 
required upon importation.  
 
12. There is no licensing fee for Ministerial permits or permits from the Attorney -General’s 
Department.  
 
13. There is no deposit or advance payment requirement associated with the issu e of licenses.  
 
Conditions of licensing  
14. The permit issuer 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.  
 
31  WOOLPACKS  
Outline of System  
1. The importation of woolpacks is prohibited under the provisions of  the Customs Act 1901  and 
Customs (Prohibited Imports) Regulations 1956 unless the permission of the Commonwealth 
Minister for Agriculture and Water Resources or an authorised person, is granted; or a test G/LIC/N/3/AUS/9/Rev.1  
 
- 71 - 
 
  certificate issued by a prescribed testing authori ty certifying that the woolpacks conform to 
Australian standards, is produced.  
 
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 woolp acks 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 Agriculture and Water Resources 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 and Water 
Resources or an authorised person.  The importation of second -hand woolpacks for use as 
containers of grea sy 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.  The Customs (Prohibited Imports) 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 unde r Regulation 
4K of the Customs (Prohibited Imports) Regulations 1956 made under the Customs Act 1901 .  The 
system cannot be abolished without legislative approval.  
 
Procedures  
6. Not applicable.  
 
7. (a)  Application should be made in advance of arrival of t he 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 promptly if a genuine emergency exists.  
 
(c) Permits may be issued at any period of the year.  
 
(d) A test certificate may be issued by a prescribed testing authority to certify that the 
woolpacks conform to Australian Wool Exchange (AWEX) standards. Applications for import 
permission are issued by officers of the Department of Agriculture and Water Resources 
authorised by the Minister for Agriculture  and Water Resources . 
 
8. Application for permission to import can be refused at the discretion of the Minister for 
Agriculture and Water Resources or an authorised person, if the ordinary criteria are no t 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 a pply 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 wri ting to the Minister for Agriculture 
and Water Resources.  The application should include the following information:  
 G/LIC/N/3/AUS/9/Rev.1  
 
- 72 - 
 
   importer's name  and address ; 
 details of the goods to be imported ; 
 quantity and distribution (end use) ; 
 manufacturer ; 
 port of lading : 
 bill of lading number;  
 ETA date and place.  
 
11. Proof of authorisation or a Test Certificate 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 o f licenses.  
 
Conditions of licensing  
14. Permits apply to one consignment only.  
 
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. Conditions may be applied re garding 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.  
 
32  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 organ isms (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 includ e: 
 
  Australian Pesticides and Veterinary Medicines Authority  (APVMA) cover agricultural 
chemicals and veterinary products, including those produced in, or used on, GM crops and 
live GM veterinary products.  
 Department of Agriculture and Water Resources  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 include s: 
 
 Australian Pesticides & Veterinary Medicines Authority: Agricultural & Veterinary Chemicals 
Code Act 1994  and Agricultural & Veterinary Chemicals (Administration) Act 1992  
 Department of Agriculture and Water Resources: 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  G/LIC/N/3/AUS/9/Rev.1  
 
- 73 - 
 
  Purposes and coverage of licensing  
2. The gene technology re gulatory 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 responsibility to protect the health 
and safety of people, and to protect the environment, by identifying risks posed by or as a result 
of gene technology, and by managing those risks through regulating certain dealings with GMOs. 
The Gene Technology scheme also implements Australia’s obligations under Article 8(g) the UN 
Convention on Biological Diversity.  
 
Voluntary system / industry sel f-regulation is not appropriate due to the level of public concern 
over the potential risks posed by GMOs.  However, some work with specified categories of GMOs 
does not require licencing and can be carried out under a notification process with the appropr iate 
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 Regula tions, 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 
authori sations required for work with different categories of GMOs.  
 
The legislation was developed in consultation with all Australian jurisdictions and the scheme is 
supported by  the inter -governmental Gene Technology Agreement  between the Australian 
Government and each State and Territory.  
 
It is not possible for the government or executive branch to abolish the systems without legislative 
approval.  
 
Procedures  
6. Not applicable  
 
7.(a) The 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 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 seeds imported for immediate 
processing into non -viable products) a licence for Dealings Not involving Intentional 
Release  (DNIR) into the environment may be required. DNIR licences c arry a 90 working 
day processing time and approval must be obtained prior to import.  
 
 All other commercial dealings where the GMO is likely to be released into the environment 
would require a licence for 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 satisfied that a person has come into possession of a GMO 
inadve rtently, the GT Regulator may, with the agreement of the person, treat the person 
as having made an inadvertent dealings application under section 40A of the GT Act. A 
person may also apply for a licence under section 40 of the GT Act in respect of an 
inadvertent dealing.  The GT Regulator may issue a temporary licence (no longer than 12 G/LIC/N/3/AUS/9/Rev.1  
 
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  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 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 
(OGTR), has sole responsibility for issuing licences for work with GMOs.  
 
However, 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 t he Biosecurity Act 2015 , from the Department of Agriculture and Water 
Resources may also be required.  
 
8. Sections 56 and 57 of the GT Act require that the GT Regulator must not issue the licence 
unless they are satisfied that:  
 
(i) any risks posed by the dealings proposed to be authorised by the licence are able to be 
managed in such a way as to protect:  
(a) the health and safety of people; and  
(b) the environment; and  
  
(ii) issuing the licence would not be inconsistent with a policy principle in force un der Section 
21 of the Act; and  
 
(iii) 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 is a reviewable decision under section 179 of th e GT Act. Under section 183 of the 
GT Act, the applicant may apply to the Administrative Appeals Tribunal  (AAT) for review of the 
decision. The AAT is an independent review body with the power to make a fresh decision. There is 
a time limit of 28 days within which to lodge an application to the AAT.  
 
The applicant can also apply for an order of review in respect of the decision under the 
Administrative Decisions (Judicial Review) Act 1977 . 
 
Eligibi lity 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.  
 
This in cludes consideration of capacity to meet licence conditions and relevant convictions (that is 
a conviction for an offence against a law of the Commonwealth, a State or a foreign country, being 
a law relating to the health and safety of people or the enviro nment), if:  
 
(i) the offence was committed within the period of 10 years immediately before the making of 
the application for the licence; and  
(ii) the offence was punishable on conviction by a fine of $5,000 or more, or by a term of 
imprisonment of one ye ar or more.)  
 
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.og tr.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/publ ishing.nsf/Content/ir -1. A copy of the licence should 
accompany all shipments of GMOs unless the licence specifies otherwise.  G/LIC/N/3/AUS/9/Rev.1  
 
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  12. Currently no fees apply to applications for licences under the GT Act.  
 
13. Not applicable  
 
Conditions of licensing  
14. The p eriod 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 licen ce 
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 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 th e health and safety of people, or to the environment;  
(viii) data collection, including studies to be conducted;  
(ix) auditing and reporting;  
(x) actions to be taken in case of the release of a GMO from a contained environment;  
(xi) the geographic area in which the dealings authorised by the licence may occur;  
(xii) requiring compliance with a code of practice issued under section 24, or a technical or 
procedural guideline issued under section 27;  
(xiii) supervision by, and monitoring by, Institutional Bios afety 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 holde r 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 . 
 
 
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