WORLD TRADE  
ORGANIZATION   
G/LIC/N/3/AUS/5 
28 September 2012 
 (12-5246) 
Committee on Import Licensing Original:   English 
  
 
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES 
 
Notification under Article 7.3 of the  
Agreement on Import Licensing Procedures1 
 
AUSTRALIA 
  The following communication, dated 27 September 2012, is being circulated at the request of the delegation of Australia.  
_______________ 
  
I.  ANIMALS (INCLUDING BIRDS, FISH AND INSECTS) AND ANIMAL 
PRODUCTS, PLANTS AND GOODS OF GENERAL QUARANTINE CONCERN. ...................................................................................................................... ......... 3 
II.  ANZAC GOODS ................................................................................................................... .... 6 
III. ASBESTOS ...................................................................................................................... .......... 9 
IV.  CAT AND DOG FUR PRODUCTS ...................................................................................... 11  
V.  CETACEANS (WHALES, DOLPHINS AND PORPOISES) ............................................. 13  
VI.  CHEESE, CERTAIN TYPES ................................................................................................ 15  
VII. CHEMICAL WEAPONS, CHEMICALS AND THEIR PRECURSORS ......................... 18  
VIII. COUNTERFEIT CREDIT CARDS ...................................................................................... 21  
IX.  DOG COLLARS – PROTRUSION ...................................................................................... 22  
X.  FLAGS, ARMS AND SEALS ................................................................................................ 24  
XI.  HAZARDOUS GOODS .......................................................................................................... 26  
XII. HAZARDOUS WASTE .......................................................................................................... 29  
XIII. ICE PIPES ..................................................................................................................... .......... 32 
XIV. IMPORTS TO ANTARCTICA ............................................................................................. 33  
XV. IMPORTS TO TERRITORY OF HEARD ISLAND AND MCDONALD 
ISLANDS ....................................................................................................................... .......... 36 
XVI. INCANDESCENT (FILAMENT) LAMPS .......................................................................... 38  
XVII. INDUSTRIAL CHEMICALS ................................................................................................ 40  
XVIII. MOTOR VEHICLES ............................................................................................................. 43  
XIX. NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED 
CHEMICALS ..................................................................................................................... ..... 47 
XX. OBJECTIONABLE ITEMS .................................................................................................. 51  
XXI. ORGANOCHLORINE CHEMICALS ................................................................................. 53  
                                                      
1 See document G/LIC/3, Annex, for the Questionnaire. G/LIC/N/3/AUS/5 
Page 2  
 
  XXII. OZONE-DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE 
GASES ......................................................................................................................... ............ 55  
XXIII. PLASTIC EXPLOSIVES ....................................................................................................... 60  
XXIV. RADIOACTIVE SUBSTANCES .......................................................................................... 63  
XXV. SECURITY SENSITIVE AMMONIUM NITRATE ........................................................... 66  
XXVI. TABLET PRESSES ................................................................................................................  68 
XXVII. THERAPEUTIC SUBSTANCES AND GOODS ................................................................. 69  
XXVIII. UNMANUFACTURED TO BACCO LEAF .................................................................. 73  
XXIX. VIABLE MATERIAL DERIVED FROM HUMAN EMBRYO CLONES ....................... 77  
XXX. WEAPONS AND CROWD CONTROL GOODS ............................................................... 79  
XXXI. WOOLPACKS ..................................................................................................................... ... 81 
  G/LIC/N/3/AUS/5 
 Page 3 
 
 
  I. ANIMALS (INCLUDING BIRDS, FISH AND INSECTS) AND ANIMAL PRODUCTS, 
PLANTS AND GOODS OF GENERAL QUARANTINE CONCERN.  
Outline of system 
 
1. The Environment Protection and Biodiversi ty Conservation Act 1999 (EPBC Act)  regulates 
international trade in Australian native speci es, live wildlife, and species listed under the Convention 
on International Trade in Endangered Sp ecies of Wild Fauna and Flora (CITES) .   
 EPBC Act - http://www.comlaw.gov.au/ComLaw/Legislation/Ac tCompilation1.nsf/current/bytitle/93CECCC69FF
F754BCA25776600173C09?Open Document&mostrecent=1 
 EPBC Regulations - http://www.comlaw.gov.au/comlaw/Legislation/Legi slativeInstrumentCompilation1.nsf/0/1340F9D26
1FCF31ACA25773600833AB9?OpenDocument 
 
The Quarantine Act 1908 , Quarantine  Regulations and Quar antine Proclamation (collectively, 
Quarantine Legislation) apply controls  to the importation of all plants, parts of plants and plant products, 
all animals (including birds, fish and insects), animal pr oducts, soil and other item s of general quarantine 
concern.  
Quarantine legislation:  http://www.coml aw.gov.au/Search/Quarantine. 
 
Sections of the Customs (Prohibited Imports) Regulations 1956 control th e importation of some 
animals and plants. 
 
Purposes and coverage of licensing 
 
2. Apart from exports, the EPBC Act regulates:  - the import of all live animals and plants; - the import of non-live animal and plant specimens , including parts and derivatives, of species 
listed under CITES. 
 
The purpose of Australia's quarantine legislation is  to manage the risk of introduction of pests 
and disease that could damage plant, animal or human health or the environment. As well as controlling the importation of plants and animal s and their products and derivatives, quarantine 
legislation applies to items such as: straw packi ng, pallets, skids; dunnage and waste; brush ware 
(bristles or hair of animal origin); vehicles and certain machinery and equipment (for soil traces); 
infants food (milk in any form); and galley waste and refuse.  
The Customs (Prohibited Imports) Regulations 1956 control the importations of: fish caught 
by foreign based fishing vessels; and Patagonian and Antarctic Toothfish. The Regulations also 
control the import of raw tobacco and certain plant material containing drugs. 
 3. The quarantine legislation applies to the importation of goods from all countries.  4. The EPBC Act seeks to implement Australia 's obligations under CITES, by regulating 
international trade in wildlife and wildlife products, to contribute to  the protection and conservation of 
species that are endangered, or could become enda ngered.  The EPBC Act is not intended to restrict 
the quantity or value of imports.  G/LIC/N/3/AUS/5 
Page 4  
 
  The quarantine legislation is not intended to rest rict the quantity or value of imports but to 
manage the risk of introduction of exotic p ests 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 fu rther establishment of pest species of plants and 
animals by controlling the importation of certain live plants and animals.  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.  Additional quarantine c ontrols are applied to the importation of 
foodstuffs to more specifically protect human health.  5. The controls on the importation of goods specified in this category are statutory requirements 
under the legislation detailed below: 
 - Environment Protection and Biodiversity Conservation Act 1999; - Quarantine Act 1908; - Quarantine Regulations; 
- Quarantine Proclamation; 
- Customs (Prohibited Imports) Regulations 1956.  
The Commonwealth Department of Sustainab ility, Environment, Water, Population and 
Communities (DSEWPaC) is responsible for admini stration of the EPBC Act.  The Commonwealth 
Department of Agriculture, Fisheries and Forestry ( DAFF), is responsible for administration of animal 
and plant quarantine legislation.  The Australian Customs and Border Protection Service (ACBPS) is 
responsible for administration of the Cust oms (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 Govern ment or executive branch to abolish the systems 
without legislative approval. 
 
Procedures 
 
6. Not applicable.  
7.(a) Application should be made well in advance of arrival of the goods to allow time for the 
application to be assessed against the legisl ation and the relevant import policy.  For 
commodities that require an import permit, pe rmits cannot be issued retrospectively.  
However, not all goods require an import permit and clearance to import can be given at the point of entry provided the impor t conditions have been met.   However, CITES permits will 
not be issued retrospectively. 
 (b) In the case of most importations in this cate gory 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 an imals, animal products, plants and plant products 
into Australia involve an approach to a single agency - DAFF – unless th e specimens are listed 
under CITES or Part 2 of the List of Specimens taken to be Suitable for Live Import  (live import 
list) under the EPBS Act, in whic h case an import permit from DSEW PaC is also required.  The 
importation of some products is, by law, subject  to certain quarantine conditions, outlined in 
the DAFF Import Conditions database - ICON.  If the good to be imported is regulated by 
more than one agency, import permission is ge nerally required from both agencies before the 
good may be imported.  Live animals and plan ts must be included on the live import list 
under the EPBC Act before they may be imported.  G/LIC/N/3/AUS/5 
 Page 5 
 
 
  8. An application to DAFF 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 app eal may be lodged regarding the refusal to grant 
an import permit.   
For permit decisions under the EPBC Act, applican ts may appeal on the merits of the decision 
to the Administrative Appeals Tribunal.  Alte rnatively, 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 a licence 
 
9.(a) Not applicable. 
 (b) All persons, firms and institutions are el igible to apply for permission to import. 
 Documentational and other requireme nts for application for licence 
 
10. Applications for permission to import must be made in writing to DAFF.  The form of the 
application and information require d will depend on the nature of th e animal/plant/product/derivative 
for which permission to import is required and are publicly available on the DAFF website at: 
http://www.daff.gov.au/forms/aqisforms/import. 
 
11. Where the importation of the item comes under the jurisdiction of the DSEWPaC, the importer should contact that agency for advi ce regarding the relevant application form. 
 
Importers should consult the ICON database (www.daff.gov.au/aqis) to determine if a 
commodity intended for import to Australia needs a qua rantine permit and/or treatment or if there are 
any other quarantine prerequisites.  Permits must be obtained prior to importation and are required on 
importation.  Applications for permits may be lodged electronically (www.daff.gov.au/aqis). Other 
documentation required is dependent on the type of commodity and the import conditions of the 
permit or as listed on the ICON database. For th e import of CITES listed specimens, both CITES 
export and import permits are gene rally required upon importation.  The import of live specimens 
may also require an import permit. 
 12. Information on fees and charges for the importa tion of items that come under the jurisdiction 
of DAFF may be found at: http://daff.gov.au/fees/aqis fees-charges/import.  Information regarding fees 
and charges relating to the application for CI TES 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 requireme nt associated with the issue of licenses. An 
application (processing) and assessment fee for a DA FF permit is charged automatically when a 
permit application is accepted, regard less of whether or not the permit is issued.  There is a possibility 
that the fee may be reimbursed if an import permit is  not issued.  Assessment fees also apply for most 
DAFF permit applications. Further, DSEWPaC 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 nature of the importation: specific details to 
be supplied on enquiry.  Legislati on will normally not allow for continuing permission. Individual 
assessments of permit applications will determine th e appropriate validity peri od, which is generally 
one or two years for DAFF permits.  From time to  time, a permit will be issued with a different G/LIC/N/3/AUS/5 
Page 6  
 
  validity, such as short term importation of artef acts for a museum exhibition. CITES permits issued by 
DSEWPaC are valid for 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 transferra ble between importers. Pe rmits issued under the 
EPBC Act may be transferred under some circumstances.  17.(a) Not applicable.  
(b) Conditions may be applied in respect of su ch issues as custody, end use, disposal or 
distribution of imported goods as well as pre-export treatment, testing, certification or on-arrival treatment or quarantine.   
 
Other procedural requirements 
 
18. No.  19. Not applicable.  
II. 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 Customs (Prohibited Impor ts) Regulations 1956. 
 
Importation into Australia of goods the descr iption of which includes or bears the word 
"Anzac", or advertising matter relating to those goods, is controlled by the Customs (Prohibited 
Import) Regulations 1956 and is pr ohibited 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 "A nzac" goods under the 
Customs (Prohibited Imports) Regulations 1956 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 Customs (Prohib ited Imports) Regulations 1956. 
 
The Anzac Regulations prevent the use of the wo rd "Anzac" without the written permission of 
the Minister for Veterans' Affairs.  
The purpose of the Customs (Prohibited Import) Regulations is to prohibit the importation of 
all goods into Australia that include or bear th e word "Anzac", unless: the person importing the goods 
is the holder of a written permit granted by the Minist er for Veterans' Affairs or an authorised officer; 
and the permit is produced at or before the time of importation.  The Minister or an authorised officer 
may specify conditions or requirements to be complie d 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.   G/LIC/N/3/AUS/5 
 Page 7 
 
 
  In certain circumstances, providing the goods obtain approval status, importers are able to 
obtain retrospective import approval after the goods have arrived in Australi a.  However, if the 
"Anzac" goods in question do not receive ministeria l approval they may be seized or retained by 
Customs.  
3. The regulation applies to the importation of goods from all countries.  
 4. The Customs (Prohibited Import) Regulations are not intended to restrict the quantity or value of imports.  The Customs (Prohibited Import) Regula tions, in conjunction with the Protection of Word 
"Anzac" Regulations, seek to protect the inappropria te 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 "An zac" goods into Australia should be made well in 
advance of the arrival of the goods.  Permit a pplications 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 unde rtaken on the nature of the goods and their 
intended use. 
 
The importation of "Anzac" goods  is prohibited without written approval from the Minister 
for Veterans' Affairs.  Goods that arrive into port without approval will be seized by Customs. 
 
In addition to the Customs (Prohibited Import)  Regulations 1956, the Protection of Word 
"Anzac" Regulations prohibit the use of the wo rd "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.  Pe rsons applying to import "Anzac" goods may also 
require written consent to use the said "Anzac"  goods under the Protection of Word "Anzac" 
Regulations. 
 (b) A permit cannot be granted immediately on re quest as certain conditions must be fulfilled.  
Processing and assessing applications includes exte nsive checks and the preparation of a brief 
for the Minister's consideration and decision.  
 (c) Applications can be made at any time of the year.  (d) The Department of Veterans' Affairs issues permits for the importation of "Anzac" goods in 
accordance with Regulation 4V of the Customs (Prohibited Import) Regulations 1956, and 
Permission to Use Word "Anzac" in accordan ce with the Protection of Word "Anzac" 
Regulations.  When considering permit appli cations, 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 Re gulations, 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 re voked if the applicant fails to comply with the 
conditions of the permit. G/LIC/N/3/AUS/5 
Page 8  
 
  An unsuccessful applicant is advised in writing of the Minister for Veterans' Affairs' decision 
and the reason for it.  There are no appeal provisions under the Regulations; however, the Minister will consider a request for reconsideration if the applicant is able to provide new information in 
support of their application. In addition, an appeal  may be made on the decision-making process itself 
under the Administrative Decisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence 
 
9.(a) Any person, firm or institution is eligible to apply to the Minister for Veterans' Affairs to 
import "Anza" goods.  
 
(b) Not applicable.  
Documentational and other requireme nts 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 me rits 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 Bu siness Number (ABN) or Australian Company -
Number (ACN) registration; 
- product description, full colour copy of item and text; 
- letters of support from the ex-service community; - proposed date of import; - the duration permit is required; and - where applicable, the name of the end user and the use of the end goods.  
11. A copy of the signed permit is required at the time of importation. 
 12. There is no licensing fee or administrative charge.  13. There is no deposit or advance payment requi rement associated with the issue of licenses. 
 
Conditions of licensing 
 
14. The period of the import permit is specified in the permit issued to the applicant and is based 
on the requirements of each application.  Unless otherwise noted, an import permit is usually required 
for every delivery. 
 
The period of an existing permit cannot be ex tended, but a new permit may be issued upon 
request to the Minister.  15. There is no penalty for the non-utilisation of a license or a portion of a license. 
 
16. Permits/licences are not transferable between importers.  17.(a) Not applicable.   G/LIC/N/3/AUS/5 
 Page 9 
 
 
  (b) Not applicable. 
 
Other procedural requirements 
 
18. No. 
 
19. Not applicable.  
III. ASBESTOS 
For the purposes of these regulations,  amphibole asbestos means asbestos in a form other than 
chrysotile.  
 
Asbestos means any of the following fibrous 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 Customs (Prohibited Imports) Re gulations 1956, the import of asbestos or goods 
containing asbestos is subject to prohibition. The re gulations 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 Customs (Prohibited Imports) Regul ations 1956, the import of asbestos, or goods 
containing asbestos, is prohibited unless:  
(a) The asbestos or goods are hazardous waste as  defined in Section 4 of the Hazardous 
Waste (Regulation of Exports and Imports)  Act 1989 (HW Act). Goods of this type 
must be imported in accordance with the provisions of the HW Act;  
(b) The goods are raw materials containing naturally occurring traces of asbestos; or  
(c) Permission has been granted by the 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 fro m the Australian Antarctic Territory 
(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 Defenc e mentioned in Schedule 3B of the Customs 
(Prohibited Imports) Regulations 1956 has now expired and is no longer applicable. 
 3. The regulations apply to the im portation of goods from all countries. G/LIC/N/3/AUS/5 
Page 10  
 
  4. The importation of all forms of asbestos is regulated as a community and workplace safety 
measure. The importation of asbestos is subject to  prohibition to reduce and prevent occupational and 
environmental exposures to asbestos fibres, and the possible adverse health outcomes attributed to 
these exposures. In addition to the prohibition of the import of asbestos, the use of asbestos is prohibited in all Australian state, territory and Commonwealth occupational health and safety 
regulations.  
 5. The control on importation of asbestos a nd goods containing asbestos is a statutory 
requirement under Regulation 4C of the Customs (P rohibited Imports) Regulations 1956 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 obtai ned 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 Education, Employment and Wo rkplace Relations. 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 Ministerial permission is to be available for presentation to Customs at the 
time of importation.    
 
8.  In the case of chrysotile asbestos, there ar e no circumstances outside the ordinary criteria 
(research, analysis or display) for which permissi on will be granted by the Minister for Education, 
Employment and Workplace Relations. 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 Customs 
(Prohibited Imports) Regulations 1956. However, an appeal may be made on the decision-making 
process itself under the Administrative De cisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence (exemption) 
 
9.(a)  Not applicable. 
 (b) All persons, firms and institutions are e ligible to apply for permission to import. 
 
Documentational and other requirements for application for licence (exemption) 
 
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 pack age, label, transport and dispose of the goods; 
- an assurance the applicant will comply with rele vant state/territory legislation relating to the 
use of asbestos. 
  G/LIC/N/3/AUS/5 
 Page 11 
 
 
  11. The written permission of the relevant Minister  or authorised person is to be available for 
presentation to Customs at the time of importation.   12. No.  
13. No. 
 
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 requirements 
 
18. No.  19. Not applicable. 
 
IV. CAT AND DOG FUR PRODUCTS 
Outline of system 
 
1. The importation of cat and dog fur and goods ma de from or using cat or dog fur is prohibited 
under provisions of the Customs Act 1901  and the Customs (Prohibited Imports) Regulations 1956 
unless the permission of the Minister for Home Affair s, or an authorised person, has been obtained. 
 
Purposes and coverage of licensing 
 
2. The goods covered are: 
 
- raw, dressed or tanned dog fur of the species canisfamiliairis; - raw, dressed or tanned cat fur of the species feliscatus; - goods consisting, in whole or part, of dog fur or cat fur or both.  3. The system applies to importations from all countries. 
 
4. The Customs (Prohibited Import) Regulations are not intended to restrict the quantity or value of imports. The importation of cat and dog fur product s is regulated in response to animal welfare 
concerns.  
5. The control on the specified goods is a statutory requirement  under Regulation 4W of the 
Customs (Prohibited Imports) Regulations 1956 made under the Customs Act 1901 .  The control cannot 
be abolished without legislative approval. 
 G/LIC/N/3/AUS/5 
Page 12  
 
  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 ina dvertently arrived in Australia. 
 (b) No.  (c) No. 
 
(d) Permissions are granted by the Minister for Home Affairs or an authorised person.  Importers 
may also need to approach the Australian Quar antine and Inspection Service for permission to 
import cat or dog fur or products thereof. 
 
8. Apart from statutory or ordinary requirements th ere 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 proce ss itself under the Administrative Decisions (Judicial Review) Act 1977 .  
 
Eligibility of importers to apply for licence 
 
9. All persons, firms and institu tions are eligible to apply. 
 
Documentational and other requireme nts for application for licence 
 
10. Applications must be made in writing to th e Minister for Home Affairs or an authorised 
person.  The application should include the followi ng information: importers name and address; and 
details of the goods to be imported.  11. The original permission from th e Minister for Home Affairs or au thorised person is required to 
be produced upon importation. 
 
12. There is no licensing fee or administrative charge.  13. There is no deposit or advance payment requi rement associated with the issue of licenses. 
 Conditions of licensing 
 14. The Minister may specify a time peri od for the validity of the permission.  
 15. There is no penalty for the non-utilisation of a license or a portion of a license.  
16. Permits/licences are not transferable between importers. 
 17. Conditions may be imposed on the permit.  Quanti tative limits, where appropriate, are specified 
as conditions.   G/LIC/N/3/AUS/5 
 Page 13 
 
 
  Other procedural requirements 
 
18. No.  19. Not applicable. 
 
V. CETACEANS (WHALES, DOLPHINS AND PORPOISES) 
Outline of system 
 
1. All cetaceans are listed under the Convention on International Trade in Endangered Species 
of Wild Fauna and Flora  (CITES) as at least Appendix II.  All cetaceans and cetacean products are 
treated as if they were CITES Appendix I for th e purposes of import into Australia.  Legislation 
implementing CITES (as outlined in Paragraph 5) is enforced at the ports of entry by the Australian Customs and Border Protection Service (ACBPS) which acts on behalf of the Department of 
Sustainability, Environment, Water, Population and Communities. 
 
Purposes and coverage of licensing 
 
2. All whale, dolphin and porpoise specimens are subject to control under this legislation. 
 3. The system applies to specimens originating in and coming from all countries. 
 
4. The permit system is intended to strictly regu late trade in cetacean specimens to ensure that 
trade is not detrimental to the survival of the sp ecies, and thereby 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 fro m 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 pur poses 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 Bi odiversity Conservation Act 1999  (the EPBC Act) and 
Environment Protection and Biodiversity Conservation Regulations 2000. It is not possible to change 
the system without legislative approval. The inte ntion is to limit trade to non-commercial purposes 
and promote the conservation of cetaceans.  
Procedures 
 
6. Not applicable.  7.(a) Applicants should ensure required perm its 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 statutor y limitation on the maximum period allowed in 
advance for an application for import to be made. 
 (b) No. G/LIC/N/3/AUS/5 
Page 14  
 
  (c) No. 
 (d) Consideration of licence applications is handled by the Department of Sustainability, 
Environment, Water, Population and Commun ities.  Importers may, however, have to 
approach other government (Commonwealth, State and Territory) agencies for approval to 
import due to conditions that apply to the type of item in each state or Australian Government 
Jurisdiction.  Examples of such agencies woul d be the Department of Agriculture, Fisheries 
and Forestry (DAFF) – Biosecurity [forme rly 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 perm ission 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 . 
 
9.(a) Not applicable. 
 (b) All persons, firms and institutions are eligible to apply for licences. 
 
Documentational and other requireme nts for application for licence 
 
10. Applications for permission to im port must be made in writing to the Minister for 
Sustainability, Environment, Water, Population and Communities .  Application forms can be 
found at: www.environment.gov.au/biodivers ity/trade-use/permits/forms/index.html. 
 11. CITES documentation from the country of e xport is required. An Australian CITES import 
permit is also required unless the specimens are pre-CITES and non-live. 
 12. Information regarding fees and charges rela ting to the application for CITES import permits, 
and live specimen permits, are available at the Depa rtment of Sustainability, Environment, Water, 
Population and Communities website at: http ://www.environment.gov.au/biodiversity/wildlife-
trade/permits/fees.html. 
 
13. There is no deposit or advance payment require ment associated with the issue of licenses, 
other than the permit application fee (if applicable) wh ich 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 some circumstances. 
 17.(a) Not applicable.  
(b) Conditions may be imposed on the permit, and quantitative limits are specified as conditions.  
Conditions usually relate specifically  to the nature of the import. 
  G/LIC/N/3/AUS/5 
 Page 15 
 
 
  Other procedural requirements 
 
18. No.  19. Not applicable.  
 VI. CHEESE, CERTAIN TYPES 
Outline of system 
 
1. Australia administers a tariff quota on imports of  certain types of cheese and curd.  Under the 
Cheese and Curd Quota Scheme the tariff quota applies to certain types of cheese  and curd that can be 
imported at a concessional rate of duty ($0.096/kg) and is restricted to 11,500 tonnes per annum.  
Imports can be made outside the 11,500 tonne quot a allocated each year, but a higher rate of duty 
($1.220/kg) applies. 
 
Purposes and coverage of licensing 
 2. No licensing system is maintained for out -of-quota cheese imports.  For in-quota cheese 
imports, individuals or companies which have historically imported dutiable cheese under quota are 
allocated a share of the tariff quota, allowing them  to import a quantity of cheese at the concessional 
rate of duty.  Individuals or companies who do not have a share of the tariff quota may still import 
cheese at the out-of-quota tariff rate.  The products covered by the tariff quota are as follows:  
 
Number 
0406 Product Type 
Cheese and Curd Rate of Duty 
 
0406.10 Fresh (un-ripened or uncured) cheese, including whey cheese, and 
curd $A0.096/kg (a) 
$A1.220/kg (b) 
0406.20 Grated or powdered cheese, of all kinds $A0.096/kg (a) 
$A1.220/kg (b) 
0406.30 Processed cheese, not grated or powdered $A0.096/kg (a) 
$A1.220/kg (b) 
0406.40 Blue-veined cheese: 
Roquefort, Stilton 
Other  
Free (c) 
$A0.096/kg (a) 
$A1.220/kg (b) 
0406.90 Other Cheese: 
Cheese, of  the following types:  
made wholly from goats' milk, other than feta or kasseri surface-ripened soft, having: 
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 within the tariff quota. (b) Out of quota rate for cheese imported in excess of tariff quota amount. 
(c) Not subject to the tariff quota.  Included in table only to indicate coverage of residual tariff item 
("other"). 
 
Note:   The rate for developing countries is as show n in the table above, less 5% of the customs value 
(fob price) of the product. G/LIC/N/3/AUS/5 
Page 16  
 
  3. The scheme applies to cheeses originati ng in and coming from all countries except 
New Zealand, Papua New Guinea, South Pacific Forum Island Countries, Singapore, United States of America 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 a nd their quota allocation are made public through 
publication in the Commonwealth of Australia Gazette.  
 
II. The size of the tariff quota is 11,500 tonnes pe r annum.  The allocation of the tariff quota to 
individual importers occurs on an annual basis.  
 
III. Tariff quota allocations to individuals or co mpanies 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/a mounts of the tariff quota allocation are not 
added to the tariff quota for the following year.  
 
IV. Not applicable.  
 
V. Not applicable.  
 
VI. Not applicable.  
 
VII. The Australian Customs and Border Protecti on Service administer all aspects of the scheme.  
 
VIII. Tariff quotas are allocated to importers on th e basis of historical trade performance involving 
quota usage.  The allocations of the cheese and cu rd quota are made to importers in July each 
year based on the actual usage of quota to import cheese and curd in the 23 months ending 
31 May of that same year.  New importers are able to acquire tariff quota allocation on transfer from an existing holder of tariff quota.  
 
IX. Not applicable.  
 
X. Not applicable.  
 
XI. No.  
 
7. Not applicable.  
 
8. No circumstances exist for refusal to make an allocation beyond failure to meet the standard 
criteria.  
Allocations are made only in accordance with  a Determination made in pursuance of 
Section 273B of the Customs Act 1901 , and published documentation su ch as relevant Australian 
Customs Notices.  Allocations of quota to new parti es are enacted by transfer by use of an approved 
form.   G/LIC/N/3/AUS/5 
 Page 17 
 
 
  The fixed annual amount of quota available for distribution is allocated to existing quota 
holders according to each quota holders' previous import history of use of quota in the 23 months ending 31 May prior to the next financial year allocation.  The scheme does not provide for direct applications for quota and does not have a licensing system as such.  
The Australian Customs and Border Protection Serv ice has no record of refusals to make an 
allocation.  
All decisions of an administrative nature are appellable 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 alloca tion 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.  
Documentational and other requireme nts for application for licence 
 
10. Applications are not required.  Eligible impor ters are advised of their entitlement based on the 
Australian Customs and Border Protection Servic e records of import entries lodged during the 
preceding base period.  11. No quota specific document is required on impor tation.  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 requi rement 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 transferre d between individuals and companies without 
limitation.  However, transfer transactions do not  count as trade performance for the purpose of quota 
allocation. 
 17.(a) No.  (b) No. 
 
Other procedural requirements 
 
18. No.  G/LIC/N/3/AUS/5 
Page 18  
 
  19. Not applicable. 
 
VII. CHEMICAL WEAPONS, CHEMICALS AND THEIR PRECURSORS 
Outline of system 
 
1. The importation into Australia of prescribe d goods containing a chemical compound, or a 
chemical compound belonging to a group of compounds as mentioned in Part 2 or 3 of Schedule 11 of 
the Customs (Prohibited Imports) Regulations 1956 fro m a country that is not a State Party to the 
Convention on the Prohibition of the Developmen t, Production, Stockpiling and Use of Chemical 
Weapons and on their Destruction  ("Chemical Weapons Convention") is prohibited, with one 
exception.  Chemicals listed under Item 4 onwards of  Part 3 of Schedule 11 may be imported (without 
requiring a permit) from non-State Parties, where they are in concentrations of less than 10 per cent   by weight of the goods and there are no other Part 2, 3 or 4 chemical compounds in the goods.  
The importation of the prescribed goods from a country that is a State Party to the Chemical 
Weapons Convention or prescribed goods in Part 4 of Schedule 11 of the Customs (Prohibited 
Imports) Regulations 1956 from a Non- State Party 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 th e positions of Director General and Assistant 
Secretary of Australian Safeguards and Non-Pr oliferation Office (ASNO) to grant permits; 
and 
 - the permission is produced to the Austra lian Customs and Border Protection Service 
(Customs). 
 
Purposes and coverage of licensing 
 2. Chemical compounds as mentioned in Part 2 or 3 of Schedule 11 of the Customs (Prohibited 
Imports) Regulations 1956 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 Customs. 
 
3. The regulations apply to the im portation of goods from all countries. 
 4. Australia is a Party to the Convention on the Prohibition of  the Development, Production, 
Stockpiling and Use of Chemical Weapons and on their Destruction  commonly referred to as the 
CWC.  Amongst other things, this treaty requires State Parties to declare trade in CWC-Scheduled 
chemicals and to impose trade restrictions on the tr ansfers of more highly 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, th e permit system was extended to apply to Part 3 
and 4 chemicals in response to stricter CWC provisi ons relating to Part 3 transfers and because less 
formal means of controlling and tracking were as sessed as inadequate.  The Customs (Prohibited 
Imports) Regulations are not intended to r estrict the quantity or value of imports. 
 5. The control on importation of the specified goods is a statutory requirement under Regulation 
5J of the Customs (Prohibited Impor ts) Regulations 1956 made under the Customs Act 1901  but could 
also be relevant to the Chemical Weapons (Prohibition) Act 1994 .  This restriction does not apply to 
goods that contain a chemical compound listed in Part 3 (except Items 1, 2 or 3) or Part 4 of Schedule 
11 of the Customs (Prohibited Imports ) Regulations 1956 that is less th an 10 per cent by weight of the 
total and contain no other listed chemicals.  Th e system cannot be abolished without legislative 
approval.  G/LIC/N/3/AUS/5 
 Page 19 
 
 
  Procedures 
 
6. Not applicable. 
 7.(a)  Application should be made in advance of  arrival of the goods.  There are two types of 
permits: permits for chemicals in Part 2 of Sc hedule 11 of the Customs (Prohibited Imports) 
Regulations 1956 (Schedule 1 of the Convention) an d permits for chemicals in Part 3 and Part 
4 of Schedule 11 Customs (Prohibited Imports ) Regulations 1956 (Schedules 2 & 3 of the 
Convention).  Chemicals from Part 2 require 37 days' notice for importation which cannot be 
varied due to concomitant international reporting requirements.  The 37-day advance 
notification requirement is waived for imports of  saxitoxin in quantities of 5 mg or less for 
medical/diagnostic purposes provided that the goods contain no other chemical listed in Part 2 
of Schedule 11 of the Customs (Prohibited Im ports) Regulations 1956.  Permits for the 
chemicals listed in Part 3 and Part 4 of Sc hedule 11 require 7 days' notice which could be 
reduced if necessary. 
 
(b) Permits cannot be issued immediately for ch emicals under Part 2 except in the saxitoxin case 
described in paragraph 7( a).  Part 3 and 4 chemical permits could be issued immediately where 
practical. 
 (c) Permits may be issued at any period of the year. 
 
(d) A permit is issued by the Minister for Fore ign Affairs or authorised persons (i.e. Director 
General and Assistant Secretary of ASNO) and th e original copy of the permit presented to 
Customs. 
 
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 institu tions are eligible to apply for permission to import, however the 
chemicals from Parts 2 and 3 can only be imported from a country which is a State Party to the 
Chemical Weapons Convention (as listed on the Inte rnet at http://www.opcw.org/).  Also, all of 
the prescribed chemical imports can only be us ed for purposes not prohi bited by the CWC, as 
provided for under the Chemical Weapons (P rohibition) Act 1994 . 
 
Documentational and other requirem ents for application for licence 
 
10. For permission to import applications must be  made in writing to the relevant Minister or 
authorised person.  
 Permits for chemicals in Part 2 of Schedule 11 of  the Customs (Prohibited Imports) Regulations 1956 
(Schedule 1 of the CWC) 
 
The following details must be included: 
 - importer's name and address; - supplier's name and address; G/LIC/N/3/AUS/5 
Page 20  
 
  - name, CAS number, quantity, and percentage  by weight and other descriptors of the 
chemical; 
- date of export from supplying c ountry and expected import date; 
- end use details; - country of export (this can only be another Stat e Party) – the goods must be shipped directly, 
transhipment through another country is not allowed; 
- security measures advice.  
The original copy of the permit must be presented to Customs. 
 
Permits for chemicals in Part 3 and Part 4 of Schedule 11 of the Customs (Prohibited Imports) 
Regulations 1956 (Schedules 2 & 3 of the CWC) 
 
The permit will be valid for multiple shipments of multiple chemicals over a specified time, 
usually one year. 
 
The following details are required: 
 - importer's name, address, email a ddress 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; - security measures advice.  
The original of the permit should be submitted to Customs. 
 
ASNO provides to Customs an updated list of import permit holders for Part 3 and 4 
chemicals, as required, including the company name and all the chemicals listed on their import permit, and tariff classification code used by the Importer (if known).  11. The written permission of the relevant Minist er or ASNO (i.e. the import permit) is required 
to be produced on import.  Date of arrival of Part  2 chemicals must also be provided to ASNO within 
30 days of shipment entry.  12. No.  
13. No. 
 
Conditions of licensing 
 
14. Permits for chemicals in Part 2 of Sche dule 11 of the Customs (Prohibited Imports) 
Regulations 1956 apply to one c onsignment only and are valid for three months.  Permits for 
chemicals in Part 3 and 4 of Schedule 11 of the Customs (Prohibited Imports) Regulations 1956 may 
be for multiple importations up to 12 months.  15. No.  
16. No. 
 17. A permission granted under Regulation 5J of  the Customs (Prohibited Imports) Regulations 
1956 may specify conditions or requirements to be co mplied with by the holder of the permission.  
Permit requirements for chemicals in Parts 3 and 4 of Schedule 11 include the annual reporting of  G/LIC/N/3/AUS/5 
 Page 21 
 
 
  chemical shipments covered by the permit for th e previous calendar year.  If the holder of any 
permission fails to comply with a condition or re quirement the Minister may refuse the permission. 
 
Other procedural requirements 
 
18. For Part 2 and 3 chemicals, the recipient f acility will require an operational permit under the 
Chemical Weapons (Prohibition) Act 1994 (the "Act"), if certain activity thresholds for those 
chemicals are exceeded.  However, the requirement s for operational permits as specified under the 
Act are not linked to the timing of imports.  
19. Not applicable. 
 
VIII.  COUNTERFEIT CREDIT CARDS 
Outline of system 
 
1. The importation of counterfeit credit, debit or  charge cards is prohibited under provisions of 
the Customs Act 1901  and the Customs (Prohibited Imports) Regulations 1956, unless the permission 
of the Minister administering the Australian Federal Police Act 1979 – presently the Minister for 
Home Affairs – has been obtained.    
Purposes and coverage of licensing 
 
2. The goods covered are any non-genui ne credit, debit and charge car ds that are made to imitate 
and pass for genuine cards.    
The following are examples of cr edit, debit and charge cards that could be subject to this 
regulation:  
 Credit cards  MasterCard, Visa, American Express etc.  
Debit cards     phone cards, mobile phone debit cards, eftpos cards. 
Charge cards store cards such as Myer, David Jones, etc.  
 
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 Customs (Prohibited Imports) Regulations are intended to prohibit the importation of counterfeit credit, debit or charge cards. 
 
5. The control on the specified goods is a stat utory requirement under Regulation 4T of the 
Customs (Prohibited Imports) Regulations 1956 made under the Customs Act  1901 .  The control cannot 
be abolished without le gislative approval.  
 
Procedures 
 
6. Not applicable.  7.(a)  Applications for permission to import shou ld be made in advance of arrival of the goods. 
 
(b) Applications for permission to  import can be processed immediat ely, provided all information is 
available and the application is considered to be urgent. 
 (c) Permits may be issued at any period of the year. G/LIC/N/3/AUS/5 
Page 22  
 
  (d) Permits are granted by the Mi nister for Home Affairs.   
 8. Applications for permission to  import can be refused at the disc retion of the relevant Minister.  
Reasons for refusal are given to a pplicants.  Applicants refused perm ission to import may appeal on the 
decision-making process under the Administrative Decisions (Judicial Review) Act 1977 .   
 Eligibility of importers to apply for licence 
 9. All persons, firms and institutions are eligible to apply.  Documentational and other requirem ents for application for licence 
 
10. Applications must be made in writing to th e 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 peri od for the validity of the permission.  
 15. There is no penalty for the non-utilisa tion of a license or a portion of a license. 
 16. Permits/licenses are not transferable between importers.  
17. Conditions may be imposed on the pe rmission and quantities are specified. 
 
Other procedural requirements 
 
18. No. 
 
19. Not applicable. 
 
IX. DOG COLLARS – PROTRUSION 
Outline of system 
 
1. The importation of protrusion dog collar s is prohibited under provisions of the Customs 
Act 1901  and the Customs (Prohibited Imports) Regulations 1956, unless the permission of the 
Minister for Home Affairs, or an authorised person, has been obtained. 
 
Purposes and coverage of licensing 
 2. The goods covered are: dog collars, incorporatin g apparatus designed to puncture or bruise an 
animal's skin.   G/LIC/N/3/AUS/5 
 Page 23 
 
 
  3. The system applies to importations from all countries. 
 4. The Customs (Prohibited Imports) Regulations are not intended to restrict the quantity or value of imports.  The importation of protrusion dog collars is regulated in response to animal welfare concerns. 
 
5. The control on the specified goods is a statut ory requirement under Regulation 4 Schedule 2 of 
the Customs (Prohibited Imports) Regulations 1956 made under the Customs Act 1901 .  The control 
cannot be abolished withou t legislative approval. 
 
Procedures 
 
6. Not applicable.  7.(a) Application should be made in  advance of arrival of the goods. 
 
(b) No.  (c) No.  (d) Permissions are granted by the Minister for Home Affairs or an authorised person. 
 
8. Apart from statutory or ordinary requirements ther e are no other criteria for refusal.  Reasons for 
refusal are given to applicants.  Applicants refused permission to import may appeal on the 
decision-making process under the Administrative Decisions (Judicial Review) Act 1977 .   
 
Eligibility of importers to apply for licence 
 
9.(a) Not applicable.  (b) All persons, firms and institutions are eligible to apply.  Documentational and other requireme nts for application for licence 
 
10. Applications must be made in writing to the Mi nister Home Affairs or an authorised person.  
The application should include the following information:  
- importer's name and address; 
- details of the goods to be imported.  11. The original permission from th e Minister for Home Affairs or au thorised person is required to 
be produced upon importation.  
12. There is no licensing fee. 
 13. Not applicable. 
 
Conditions of licensing   
 
14. The Minister for Home Affairs may specify a time period for the validity of the permission. 
 15. There is no penalty for the non-utilisation of a license or a portion of a license.  G/LIC/N/3/AUS/5 
Page 24  
 
  16. Licenses are not transferable between importers. 
 17. Conditions may be imposed on the permit.  Quanti tative limits, where appropriate, are specified 
as conditions. 
 
Other procedural requirements 
 
18. No.  19. Not applicable. 
 
X. FLAGS, ARMS AND SEALS 
Outline of system 
 
1. The importation of goods with a representation of the arms, seal or flag of the Commonwealth 
or a State or Territory or the Royal Arms is prohibited under provisions of the Customs Act 1901  and 
the Customs (Prohibited Imports) Regulations 1956 unless the permission of the Minister for Home Affairs, or an authorised person, has been obtained.  
Purposes and coverage of licensing 
 
2. The goods covered are: 
 
- 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 of a State or Territory of the Commonwealth or a 
representation so nearly resembling the Arms, a flag or a seal of the Commonwealth or of a 
State or Territory of the Commonwea lth 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 countries. 
 
4.  The Customs (Prohibited Imports) Regulations are not intended to restrict the quantity or value of imports.  
The importation of goods bearing the arms or having applied to them a representation of a 
flag or seal of the Commonwealth or a State or Territory was introduced to act as a quality control 
measure to ensure that representations are r ealistic, of good quality and do not breach other 
legislation.   5. The control on the specified goods is a st atutory requirement under Regulation 4, Schedule 2 
of the Customs (Prohibited Impor ts) Regulations 1956 made under the Customs Act 1901 .  The 
Minister for Home Affairs requires the prior appr oval of the design by the Department of Prime 
Minister and Cabinet or the relevant State/Territory  Protocol section before an import permission will 
be issued.  The control cannot be a bolished without legislative approval. 
 
Procedures 
 
6. Not applicable.   G/LIC/N/3/AUS/5 
 Page 25 
 
 
  7.(a) Applications should be made in advance of the importation of the goods.  As both design 
approval and import permission ar e required, it is recommended that the design be approved 
prior to the mass production of goods. 
 (b) Permissions cannot be gr anted immediately on request. 
 
(c) Permits may be issued throughout the year.  (d) Designs must be approved by the Department of Prime Minister and Cabinet or the relevant 
State/Territory protocol section and permis sion to import obtained from the Minister for 
Home Affairs, or an authorised person. 
 8. Apart from statutory or ordinary requirements, the only other criteria for refusal is if the design has not been approved by the relevant authority .  Reasons for refusal are given to applicants.  
Applicants refused permission to import may appeal on the decision-making process under the Administrative Decisions (Judicial Review) Act 1977.    
 
Eligibility of importers to apply for licence 
 
9.(a) Not applicable.  
(b) All persons, firms and institutions are e ligible to apply for permission to import. 
 
Documentational and other requireme nts for application for licence 
 
10. Applications for permission to import goods should include: 
 
- the importer's name and address; - a description of the goods;  - a copy of the approved design; and - the design approval.  
11. The permission from the Minister for Home A ffairs or authorised person is required to be 
produced upon importation.  12. There is no licensing fee or administrative charge.  
13. There is no deposit or advance payment requi rement associated with the issue of licenses. 
 
Conditions of licensing 
 
14. Import permissions are not subject to a validity period.  
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. No. 
 G/LIC/N/3/AUS/5 
Page 26  
 
  Other procedural requirements 
 
18. No.  19. Not applicable. 
 
XI. 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 and the Competition 
and Consumer Act 2010 . Only the responsible Minister or an authorised person can grant permission 
to import banned goods.  The Customs (Prohibited Imports) Regulations 1956 is available via the 
following link:   
http://www.comlaw.gov.au/ComLaw/legislation/legi slativeinstrumentcomp ilation1.nsf/0/1105B77D1
D0029B2CA2576DA0023EAE9/$file/C ustomsProhImport1956.pdf. 
 
Purpose and coverage of licensing 
 
2. Goods covered unde r these Acts include:  
 
Goods listed under Schedule 2 in relation to Regulation 4 of th e Customs (Prohibited Imports) 
Regulations 1956: 
 
- Cosmetic products containing more than 250 mg /kg of lead or lead compounds (calculated as 
lead), except products containing more than 250mg/kg of lead acetate designed for use in hair 
treatments. 
 - Erasers that resemble food in scent or appearance, that contain more than: 
 
(a) 90 mg/kg of lead; or 
(b) 25 mg/kg of arsenic; or 
(c) 60 mg/kg of 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-vola tile 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.  G/LIC/N/3/AUS/5 
 Page 27 
 
 
  - Pencils or paint brushes coated with a mate rial 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 Customs (Prohibited 
Imports) Regulations 1956:  
- 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 Customs (Prohibited Imports) Regulations 1956. 
 
Goods listed in Regulation 4S of the Custom s (Prohibited Imports) Regulations 1956:  
 
- Certain cigarette lighters. 
 
Goods listed under Schedule 12 in relation to Regulation 4U of the Customs (Prohibited 
Imports) Regulations 1956: 
 
- 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 per cent lead by weight and candle wicks 
containing greater than 0.06 per cent 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 im portation of goods from all countries. 
 4. The Customs (Prohibited Imports) 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.  G/LIC/N/3/AUS/5 
Page 28  
 
  5. The control on importation of the specified goods is a statutory requirement under 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) 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 res ponsible Minister or an authorised person. 
 (c) There are no such limitations.  
(d) Permission to import is granted by the res ponsible Minister or an authorised person. 
 
Importers may be required to provide written confirmation from an analytical laboratory 
recognised by the National Association of T esting 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 th ere are no other criteria.  Reasons for refusal 
are given to applicants.  In certain circumstances ap plicants refused permission to import may appeal on 
the merits of the decision to th e Administrative Appeals Tribunal.  Alternatively, an appeal may be 
made on the decision-making process itself under the Administrative Decisi ons (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.  
 Documentational and other requireme nts for application for licence 
 
10. Applications for permission to import must be made to the responsible Minister or authorised 
person.  The application must include the following information:  
 
- Importer's name and address; - Details of the goods to be im ported, including quantity to be imported and intended use and 
distribution. 
 11. The original permission from the responsible Minister or auth orised person is required to be 
produced upon importation.  
 
Alternatively, for the importation of lighters under Regulation 4S of the Customs (Prohibited 
Imports) Regulations 1956, the importer may complete a statutory declaration stating that a certificate 
of compliance has been issued and produce that st atutory declaration to the responsible customs 
administration. 
 12. There is no licensing fee or administrative charge.  13. There is no deposit or advance payment requi rement associated with the issue of licenses.  G/LIC/N/3/AUS/5 
 Page 29 
 
 
  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 Regul ations 4, 4E, 4S and 4U of the Customs 
(Prohibited Imports) Regulations 1956 may be su bject to conditions regarding custody, use, 
disposal or distribution of the imported goods. 
 
Other procedural requirements 
 
18. No.  19. Not applicable.  XII. HAZARDOUS WASTE 
Outline of system 
 
1. The import, export and transit of hazardous waste is re gulated u nder the Hazardous Waste 
(Regulation of Exports  and Imports) Act 1989  (the Act) to ensure that hazardous waste is managed in 
an environmentally sound manner to protect human be ings and the environment, within and outside 
Australia.  The Act implements Australia's obligations under the Basel Convention for the Control of 
Trans-boundary Movements of Hazardous Waste and their Disposal  (Basel Convention). 
 
Purposes and coverage of licensing 
 
2. In accordance with Austra lia's obligations under the Basel Convention and in the 
Organisation for Economic Co-operation and Deve lopment (OECD), the Act applies to hazardous 
wastes as listed in the schedules of the Basel Convention.   3. The system applies to hazardous wastes orig inating in and coming from all countries that are 
a party to the Basel Convention or OECD. 
 4. The licensing system ensures th at Australia's commitments as a party to the Basel Convention 
are upheld.  To that effect, trans-boundary movements of hazardous wastes and other wastes is to be 
reduced to the minimum consistent with the enviro nmentally sound and efficient management of such 
wastes and to be conduc ted in such a manner which will protect  human health and the environment 
against the adverse effects which may result from such movement.  The Hazardous Waste (Regulation 
of Exports and Imports) Act 1989  is not intended to restrict the quantity or value of imports. 
 5. Hazardous Waste (Regulation of Exports and Imports) Act 1989 .  Licensing is a statutory 
requirement for the import of any hazardous waste listed in schedules to the Basel Convention or 
OECD Council Decisions.  It is not possible to abo lish the system without legislative approval.   
 G/LIC/N/3/AUS/5 
Page 30  
 
  Procedures 
 
6. Not applicable. 
 7.(a) The Act requires that a permit be obtained be fore hazardous waste is exported from Australia, 
imported into or transited thr ough Australia.  All applications are assessed according to the 
relevant sections of the Act on a case by case basis. 
 (b) No.  Permits are issued only after authorisation by the the Minister for Sustainability, 
Environment, Water, Population and Communities  or a delegate, with a requirement 
under the Act 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 licence applications is undertaken by the the Department of Sustainability, 
Environment, Water, Population and Communities .  Importers may, however, have to 
approach other government (Commonwealth, State and Territory) agencies for approval to import due to conditions that appl y to the type of item.  Examples of such agencies would be 
the Australian Quarantine and Inspection Servi ce (AQIS), Therapeutic Goods Administration 
or the appropriate State or Territory environment agency. 
 
8. Apart from statutory requirements, there ar e requirements under the Basel Convention for all 
States of Transit to control the trans-boundary moveme nt of hazardous waste.  Refusal to accept the 
movement by any such state shall cause the State of export to deny a permit.  Under the Act, the reasons for refusal of an export permit are given to applicants.  Applicants refused permission to 
exports may appeal to the Administrative Appeals Tribunal on the merits of the decision.  
Alternatively, an appeal may be made on the decision-making process itself under the Administrative 
Decisions (Judicial Review) Act 1977 .  
 
Eligibility of importers to apply for licence 
 
9.(a) Not applicable. 
 (b) Any person, firm or institution may apply for a licence. 
 
Documentational and other require ments for application for licence  
 
10. As with all applications, the decision of the Minister or delegate will be based on information 
provided as required under the Act.   
The Minister will consider (amongst other thi ngs) whether the proposed manner in which the 
hazardous waste is being dealt with is environmenta lly sound, and whether the competent authority of 
the transit countries and importing country have give n written consent to the grant of the permit (and 
that the consent was given in accordance w ith Article 6 of the Basel Convention). 
 
In general the application requests the following information: 
 
- identity and suitability of the applicant, incl uding applicant's name and address and financial 
situation; 
- description of the material to be imported and/or exported; - method of transportation, ports of entry/exit for importation/exportation; and - method of disposal of the waste.  G/LIC/N/3/AUS/5 
 Page 31 
 
 
  More details of what the Minister will give cons ideration to as part of an application process 
can be found at: 
 
http://www.comlaw.gov.au/ComLaw/Legislati on/ActCompilation1.nsf/0/CBCAE9AC22A9B70BCA
256F71004E3EE1/$file/HazWasteRegExImp89.rtf. 
 
Additional documentation required with the appli cation includes verification that the disposal 
is environmentally sound a nd safe, the capability of the processors to  treat the material, and proof that 
appropriate insurances and contract s have been obtained/arranged. 
 
11. The import permit is required and a valid e xport permit from the country of origin may be 
required as a condition of this permit.  12. There are fees associated with the applica tion process.  The amounts are based on the staff 
and ancillary costs of administering a permit application.  The Minister may determine in writing that 
the prescribed fee payable in relation to a specified application or a specified notice is reduced by a 
specified amount. Application fees are specified in the Hazardous Waste (Regulation of Exports and Imports) (Fees) Regulations 1990.  13. The fee must be paid at the time of applicati on.  The fee is not refundable.  Full payment of 
the fee applies (unless the Minister has determined  in writing that the prescribed fee payable in 
relation to a specified application or a specified no tice is reduced by a specified amount) - there is no 
requirement for an advance payment whic h is retained for a defined period. 
 
Conditions of licensing 
 
14. Under the Basel Convention the import permit is  valid for a period of up to twelve months 
and covers the amount and number of shipments of the hazardous waste as noted in the application.  
The OECD Council Decision allows the period for permits up to 36 months for pre-authorised 
facilities.  15. There is no penalty for the non-utilisation of a license or a portion of a license. 
 
16. Permits/licences are not transferable between importers.  17.(a) No.  
(b) All applications must identify the maximum amount of the hazardous wastes that is intended 
to be covered by the permit. This limit cannot  be exceeded. In addition, the applicant is 
provided with specific conditions that form part of the permit that usually relate specifically 
to the transport, treatment and/or disposal of the hazardous waste. 
 
Other procedural requirements 
 18. In some cases the approval/certification of ot her agencies is required prior to the issue of a 
permit.  The permit applicant is responsible to  obtain all relevant approvals and licenses. 
 19. Not applicable. G/LIC/N/3/AUS/5 
Page 32  
 
  XIII.  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 unless the permission of the Minister for Home 
Affairs, or an authorised person, has been obtained. 
 
Purposes and coverage of licensing 
 
2. Ice Pipes are defined as a device that is capable of being used for administering 
methylamphetamine, or any other drug mentioned in Schedule 4, by the drawing or inhaling of smoke 
or fumes resulting from heating the drug, in the device, in a crystal, powder, oil or base form. 
Components are also controlled and these are defined as a device which appears, on reasonable grounds, to be part of an ice pipe; and is capable of being used for administering a drug mentioned in Schedule 4, in the way described in the definition of ice pipe, only if adjusted, modified or added to.   
 
3. The system applies to the importation of goods originating from all countries.  4. The Customs (Prohibited Imports) Regulations 1956 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 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 b een 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 Commission 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 da ngerous, due to high drug purity levels, which can 
result in serious physical and emotional harm.  5. The control on the specified goods is a statutory requirement under Regulation 4I of the 
Customs (Prohibited Imports) Re gulations 1956 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 impor tation 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. 
  G/LIC/N/3/AUS/5 
 Page 33 
 
 
  8. Application for permission to import can be refu sed at the discretion of the relevant Minister 
or authorised person.  Reasons for refusal are give n to applicants.  Applicants refused permission to 
import may appeal on the decision-making process under the Administrative Decisions (Judicial 
Review) Act 1977 .   
 Eligibility of importers to apply for licence 
 9. All persons, firms and institu tions are eligible to apply. 
 
Documentational and other requireme nts for application for licence 
 
10. Applications must be made in writing to th e Minister for Home Affairs or an authorised 
person.  The application should include suppor ting 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 licensing fee.  13. There is no deposit or advance payment requi rement associated with the issue of licenses. 
 Conditions of licensing 
 
14. The Minister may specify a time period for the validity of the permission. 
 15. There is no penalty for the non-utilisation of a license or a portion of a license. 
 
16. Permits/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.  XIV.  IMPORTS TO ANTARCTICA 
Outline of system 
 
1. Under the Antarctic Treaty (Environment Protection) Act 1980  as amended, and in line with 
the requirements of the Protocol on Environmental Protection to the Antarctic Treaty  (the Madrid 
Protocol), persons are not permitted to import certain ite ms into Antarctica.  This legislation applies to 
Australian nationals for all areas south of 60° So uth and for foreign nati onals 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:  
 G/LIC/N/3/AUS/5 
Page 34  
 
  - that a person shall not bring into the Antarctic an animal, plant, virus, bacterium, yeast or 
fungus that is not indigenous to the Antarctic unless the animal (not being a live bird), plant, virus, bacterium, yeast or fungus, as the case ma y be, was brought into the Antarctic to be 
used as food.  None of these items may be brought into Antarctica for research purposes 
unless authorised by a permit (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.  4. The above restrictions have been put in  place to implement the Madrid Protocol. The 
objective of the Madrid Protocol is the comprehens ive protection of the Antarctic environment and its 
dependent and associated ecosystems. 
 
The Antarctic Treaty (Environment Protection) Act 1980  is not intended to restrict the 
quantity or value of imports.  5. The Antarctic Treaty (Environment Protection) Act 1980  may not be repealed without 
legislative approval. 
 
Procedures 
 
6. Not applicable. 
 
7.(a)  Proponents are encouraged to submit permit applications as far in advance of their intended 
activity as practicable. Proponents should allow six weeks for the assessment of a permit 
application.  
 (b) Permits cannot be granted immediately upon re quest. The permit-holder must obtain a permit 
prior to their arrival in Antarctica. Pe rmits cannot be issued retrospectively. 
 (c)  Permit applications may be lodged at any time of the year.  (d) Permit applications are assessed by one orga nisation – i.e. the Australian Antarctic Division 
(AAD) of the Commonwealth Department of Sustainability, Environment, Water, Population 
and Communities. Corresponding permits are al so prepared by the AAD. Accordingly, 
proponents need only approach one organisation.  
 8. An application for a permit will only be refused  if it does not meet the ordinary criteria.  
Particulars of refusals to grant permits are provi ded 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 A ppeals Tribunal for the review of the merits of 
a decision to refuse to grant a permit by or on be half of the person or persons whose interests are 
affected by the decision.  Alternatively, an appeal  may be made on the decision-making process itself 
under the Administrative Decisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence 
 
9.(a) Not applicable.   G/LIC/N/3/AUS/5 
 Page 35 
 
 
  (b) All Australian proponents of Antarctic activities ar e eligible to apply for a permit.  No fee is 
charged. 
 
Documentational and other requireme nts for application for licence 
 
10. The project proponent (in the case of research pr ojects, the Chief Investigator) completes an 
application form for a permit.  The applicati on should include the following information:  
 - name and address of applicant;  - research location and research methodology;  
- any non-indigenous species being introduced to Antarctica;  
- intended access to specially protected areas; sample specimens to be extracted;  - members of research team or field project; and  - organisation affiliated to research project.    
Permits are applied for online. The process is described at: 
http://www.antarctica.gov.au/protecting-the-e nvironment/environmental-impact-assessment-
approvals-and-pe rmits/permits. 
 11. Inspectors appointed under the Act monitor actions to ensure they are undertaken in 
accordance with the approved permit. 
 
12. There is no fee or administrative charge.  13. Not applicable.   Conditions of licensing 
 14. A permit's period of validity is dependent on a project's planned length. A proponent may 
apply to extend a permit's period of validity.   15. There is no penalty for the non-utilisation of a permit or a portion of a permit.  
 
16. Permits are not transferable.  However, a permit may be varied to:  - include additional names; and - omit existing names. 
 
A person to whom a permit has been granted (a  principal) may authorise other persons to 
accompany one or more of the principals to carry on activities authorised by the permit. 
 17. No. 
 
Other procedural requirements 
 
18. There are no other administrative processes required.  19. Not applicable. 
 G/LIC/N/3/AUS/5 
Page 36  
 
  XV. IMPORTS TO TERRITORY OF HEARD ISLAND AND MCDONALD ISLANDS 
Outline of system 
 
1. The purpose of the Territory of Heard Island and McDonal d Islands Environment Protection 
and Management Ordinance 1987  is to preserve and manage the Territory so as to protect the 
environment and the indigenous wildlife of the Te rritory.  The Territory of Heard and McDonald 
Islands is an external territory of Australia.  It is  taken to comprise the islands, all offshore rocks and 
shoals, and the 12 nm territorial sea.  
Purposes and coverage of licensing 
 
2. The Territory of Heard Island and McDonal d Islands Environment Protection and 
Management Ordinance 1987  prohibits: 
 - the importation of any diseased organism or live poultry into the Territory (s13); 
- the importation of any organism, or any dead poultry or poultry products into the Territory 
unless in accordance with a permit (s14). 
 3. The system applies to goods from all co untries (and from other parts of Australia). 
 4. The Territory of Heard Island and McDonal d 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 McDonal d 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 a pplications as far in advance of their intended 
activity as practicable. Proponents should allow six weeks for the assessment of a permit 
application.  
 (b) Permits cannot be granted immediately upon re quest. The permit-holder must obtain a permit 
prior to their arrival in the Territory. Pe rmits cannot be issued retrospectively. 
 
(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 Sustainability, Environment, Water, 
Population and Communities. Corresponding pe rmits 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 Isla nds Marine Reserve Management Plan (2005), 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 publis hed in the Commonwealth Government Gazette and 
those particulars are accompanied by a statem ent to the effect that, subject to the Administrative 
Appeals Tribunal Act 1975 , application may be made to the Ad ministrative Appeals Tribunal for the 
review of the merits of a decision to refuse to gran t a permit by or on behalf of the person or persons  G/LIC/N/3/AUS/5 
 Page 37 
 
 
  whose interests are affected by the decision.  Alternatively, an appeal may be made on the 
decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence 
 
9.(a) Not applicable. 
 (b) Any person is eligible to apply for a permit to import into the Territory.  
Documentational and other requireme nts for application for licence 
 
10. The application should include the following information:  - name and address of applicant; - details of research location; 
- any non-indigenous species being introduced to the Territory; 
- use of radioisotopes; - details of sample specimens to be extracted; - members of research team or field project; and - organisation affiliated to research project.  
11. Permit requirements and the application process are described at: 
 
http://www.heardisland.aq/protection-and-ma nagement/management-plan/permits11.  
 
Visitor self-regulation is an important co mponent of the Territory's environmental 
management regime.  
 12. No fees or administration charges are currently  imposed.   s15(4) does, however, provide for 
the imposition of a permit issue fee not exceeding A$50.   13. There is no deposit or advance payment requi rement associated with the issue of licenses. 
 
Conditions of licensing 
 
14. A permit's period of validity is dependent on th e length of time that the applicant is scheduled 
to stay in the Territory.  A proponent may apply to extend a permit's period of validity.  
 
15. There is no penalty for the non-utilisation of a license or a portion of a license.  16.  Permits are not transferable.  However, a permit may be varied to:  - include additional names; and 
- omit existing names. 
 17. No.  
Other procedural requirements 
 
18. There are no other administrative processes required.   19. Not applicable. G/LIC/N/3/AUS/5 
Page 38  
 
  XVI.  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 ener gy consumption and gree nhouse gas emissions. The 
prohibition was brought into effect in advance of poi nt of sale restrictions for these products.  Note 
that as no incandescent lighting of this type is manufact ured in Australia this is an effective means of 
implementing the phase-out.  The Licensing system is  administered by the Lighting and Equipment 
Energy Efficiency Team, Department of  Climate Change and Energy Efficiency  
(energyrating@climatechange.gov.au,  Ph. 61 2 6159 7000).  
 
Purposes and coverage of licensing 
 
2. The licensing scheme covers inefficient GLS electric filament lamps as set out in Australian 
Standard 4934.2(Int):2008- Incandescent Lamps for General Li ghting Services, Part 2: Minimum 
Energy Performance Standards (MEPS) Requirements.  
Incandescent General Lighting Service Lamp s (GLS) have the following attributes: 
 
(a)  Shapes: A50-A65, PS50-PS65, M50-M65, T50-T65 (as generally outlined in 
IEC 60630) or E50-E65. 
(b)  Caps: E14, E26, E27, B15 or B22d. 
(c)  Nominal voltage ≥220 V. 
(d)  Nominal wattage <150 W. (e)  Not including primary coloured lamps.  
 
Under the Combined Australian Customs Tariff Nomenclature and Statistical Classification 
(incorporating 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 en compass 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 Customs (Prohibited Imports) Regul ations 1956.  The excluded products would then 
no longer require import permission.  3. The system applies to goods from all countries. 
 
4. Permissions will only be granted in a limit ed number of circumstances – these have been 
given in cases where effective and efficient lighting alternative lighting products are not available for 
important applications such as aircraft navigation signal lighting.  The standards are not intended to 
restrict the quantity or value of imports.  
5. Australian Customs Notice No. 2009/04 published in February 2009. 
 http://www.climatechange.gov.au/what-you-need-t o-know/~/media/publications/lighting/import-
controls-general-lighting-services.ashx.  
This system was put into place by virtue of  regulations published on the Australian 
Government's Federal Register of Legislative Inst ruments website on 18 December 2008.  The system 
took effect on 1 February 2009.   G/LIC/N/3/AUS/5 
 Page 39 
 
 
  Procedures 
 
6. Not applicable.  7.  What are the time periods involved in processing? 
 
Processing normally takes two to three weeks. 
 8.  No applications have been refused to date however an application for import that:  
 
- did not provide evidence of an essential need for a prohibited lamp; and / or 
- concerned the import of lamps for which an eff ective and efficient alternative was available. 
 
Should a permit to import be refused then the importer could appeal on the merits of the 
decision to the Federal Administrative Appeals Tribuna l.  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 are eligible to apply for licenses. 
 
10.  Not applicable. 
 11.  Applicants may contact the Department of Cl imate Change and Energy Efficiency in relation 
to a proposed import.  Applicants are asked to provi de 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 products.  Appl icants 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. 
 
Conditions of licensing  
 
14.  Licences are not extended, however persons ar e able to apply for a further permission for a 
further period. 
 15. There is no penalty for non-utilization of a licence.  16.  Licences are intended for the applicant only.  
17. Not applicable. 
 
Other procedural requirements  
 
18.  As part of the approval importers are inst ructed that product packaging must include the 
specification "Not for Domestic Use".  A licence number is provided for reference in Customs 
procedures.  19.  There are no licence fees.  G/LIC/N/3/AUS/5 
Page 40  
 
  XVII.  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 Substa nces (AICS) lists the chemicals that are 
available for use in Australia.  Some chemicals ma y only be available 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 of 
the Act.  New industrial 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 im port and/or manufacture relevant industrial 
chemicals for commercial purposes are required to register with NICNAS.  
NICNAS is responsible for implementing th e 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 regulato ry status of that chemical in Australia.  More 
information can be obtained from: http://www. nicnas.gov.au/Treaties/Rotterdam_Convention.asp.  
 
The importation of polychlorinated biphenyls (P CBs), triphenyls (PCTs) and polyphenyls is 
prohibited under the provisions of the Customs Act 1901  and Customs (Prohibited Imports) 
Regulations 1956 unless the permission in writing of the Minister for Home Affairs is granted and 
presented to Customs at the time of importation.  The permission must be issued in the name of the 
owner.  It may include strict conditions as to the a pplication, disposal and destruction of the industrial 
chemicals.  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 pr ocess for new chemicals is to ensure that no 
new chemicals are introduced into Australia unless they have been asse ssed for risks to public health, 
occupational health and safety and the environment.  
The purpose of the Rotterdam Convention is to  promote shared responsibility and cooperative 
efforts among Parties in the international trade of  certain hazardous chemicals in order to protect 
human health and the environment from potential harm.  
Certain industrial chemicals including polychlorinated biphenyls (PCBs), polychlorinated 
triphenyls (PCTs) and polychlorinated polyphenyls are all considered to be persistent organic 
pollutants.  PCBs, PCTs and polyc hlorinated polyphenyls are used in electrical appliances (such as 
transformers and capacitors), as cool ants (often in light fittings), h ydraulic 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 Rotterdam Convention apply to goods originating in 
and coming from countries that are parties to that  Convention. NICNAS also provides a regulatory  G/LIC/N/3/AUS/5 
 Page 41 
 
 
  framework for chemicals imported from countries wh ich 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 hea lth, occupational health and safety 
and the environment.  It is not intended to restrict 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 Conventi on.  The monetary value is not a criterion for 
control. 
 
The importation of PCBs, PCTs and polychlorinat ed polyphenyls is regulated as a community 
protection measure.  These chemicals are considered to be highly toxic and vi rtually indestructible 
and a considerable danger to the environment.   The Australian and New Zealand Environment 
Conservation Council  (ANZECC) prepared the Australian PCBs Management Plan in 1996.  The 
aims of the plan are the phasing out, disposal and destruction of PCBs.  The Industrial Chemicals 
(Notification and Assessment) Act 1989  is not intended to restrict the quantity or value of imports. 
 5. The control on importation of PCBs, PCTs a nd polychlorinated polyphenyls is a statutory 
requirement under Regulation 4AB of the Custom s (Prohibited Imports) Regulations 1956 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 abolishe d without legislative approval.  
 
Procedures 
 6. Not applicable.  
7.(a) Registration must be in place before industr ial chemicals may be imported.  The registration 
process required for individuals and compani es intending to import relevant industrial 
chemicals may take up to 30 days.  Subject to section 80N of the Industrial Chemicals 
(Notification and Assessment) Act 1989 , the Director (of NICNAS) must deal with an 
application for registration, or renewal of regist ration, as follows: (a) if the application is in 
relation to the registration year in which the a pplication 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 any 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 permits cannot be issued immediately as they are only issued G/LIC/N/3/AUS/5 
Page 42  
 
  on the advice of the Department of the Envir onment, Water, Heritage and the Arts and the 
National Industrial Chemicals Notification and Assessment Scheme (NICNAS). 
 
For the remaining chemicals listed on the Rotte rdam Convention importers are advised to 
allow at least ten business days. 
 
(c)  Permits may be issued throughout the year.  (d) For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls a permit is issued by the Minister for Home Affairs on the 
advice of the Department of Sustainability, Wa ter, Population and Comm unities and NICNAS.  
Permissions to import PCBs are normally granted by NICNAS for research purposes.  However 
PCB waste may also be imported under the Ha zardous Waste (Regulations of Exports and 
Imports) Act 1989, provided all the require ments of that Act have been met. 
 
For the remaining 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 import can be refused on the 
discretion of the Minister for Home Affairs.  There is no right of appeal against the Minister's 
decision. For the remaining chemicals listed on the Rotterdam Convention permits are issued 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 th e 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 e ligible to apply for permission to import. 
 Documentational and other requireme nts for application for licence 
 
10. Applications for permits to import polychl orinated biphenyls (PCBs), polychlorinated 
triphenyls (PCTs) and polychlorinated polyphenyls must be made in writing to the Minister for Home Affairs.  The application should include the importe r's name and address and details of the goods to be 
imported;  NICNAS Registration forms for compan ies and individuals that import or manufacture 
relevant industrial chemicals can be found at http://nicnas.gov.au/Forms/Registration.asp. 
 11. For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls the written permissi on of the relevant Minister is required to be 
produced on import. For the remaining chemicals list ed in the Rotterdam Convention, authorisation 
from NICNAS is required to be in force at the time of importing the chemical. 
 12. There is no fee to import chemicals listed in the Rotterdam Convention.  NICNAS registration 
fees and charges apply to the import or manufacture of relevant industrial chemicals.  The fees and charges are available at: http://nicnas.gov.au/I ndustry/Registration/Re gistration_Fees_2012_2013.pdf.  
 
There is no fee for permits for the importation of polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls.  13. There is no deposit or advance payment requi rement associated with the issue of licenses.  G/LIC/N/3/AUS/5 
 Page 43 
 
 
  Conditions of licensing 
 
14. Permits (granted by the Minister for Home A ffairs) apply to one consignment only.  NICNAS 
Registration is valid for one year commenci ng 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 im porters. 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 pe rson dies, the legal personal representative of the 
person's estate becomes the registered person for th e purposes of this Act. (3) If a registered person 
becomes bankrupt, the trustee of the estate of th e bankrupt becomes the registered person for the 
purposes 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 becom es the registered person for the purposes of this Act.    
 
17. All authorisations to import the chemicals lis ted in the Rotterdam Convention can be subject 
to conditions including the quantity. Permissi on granted under Regulation 4AB of the Customs 
(Prohibited Imports) Regulations 1956 may specify c onditions or requirements to be complied with by 
the holder of the permission. 
 
Other procedural requirements 
 18. No.  19. Not applicable. 
 
XVIII.  MOTOR VEHICLES 
Outline of system 
 
1. Importation into Australia of new and used  road motor vehicles is controlled under the Motor 
Vehicle Standards Act 1989  (MVSA) and the Motor Vehicle Standards Regulations 1989 and 
Determinations.  Purpose and coverage of vehicle approvals 
 2. Import approvals are required for all road vehicles imported into Australia. 
 
3. The Motor Vehicle Standards Act 1989 , the Motor Vehicle Standards Regulations 1989, 
Determinations and Australian De sign Rules (ADR), apply to the importation of all new and used 
road vehicles from all countries.  4. The importation of standard vehicles is not rest ricted in quantity or va lue.  Importation of new 
and used vehicles that do not meet relevant ADRs is r estricted and subject to controls to ensure that 
Australian safety and environmental standards are not compromised. 
 
The Department of Infrastructure and Transport administers the Motor Vehicle Standards 
Act 1989  and applies national standards for road vehicles.   In practical terms, these standards deliver 
levels of vehicle safety and envi ronmental performance that are generally expected by the Australian 
community.  The standards are recognised as cont ributing towards safer roads and cleaner air. 
 G/LIC/N/3/AUS/5 
Page 44  
 
  Under the Act, 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 schemes are 
outlined on the department's website, at:  http://www.infrastructure.gov.au/roads/vehicle_re gulation/bulletin/importing_v ehicles/general/index.
aspx.. 
 
In addition to these concessional schemes, th e Registered Automotive Workshop Scheme 
(RAWS) is the primary mechanism for the import of u sed vehicles that are specialist and enthusiast in 
nature.  A general introduction to the scheme is  available from the Depa rtment's website at 
<http://raws.dotars.gov.au/index.htm>. 
 
5. Legislative requirements are set out in the Motor Vehicle Standards Act 1989 , the Motor 
Vehicle Standards Regulations 1989 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 publishe d on the Department's website: 
http://www.infrastructure.gov.au/vehicles/imports/i ndex.aspx or can be supplied to applicants 
upon request to the Department of Infrastructure and Transport.  Attention is also drawn to 
the requirements for approvals through other government agencies, such as the Australian 
Customs and Border Protection Service.  Inform ation is also readily available from shipping 
agents and Australian diplom atic posts around the world. 
 II. Restrictions are applied to individuals im porting 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 may im port their previously owned vehicle if they 
comply with the requirements set out in regulation 13 of the Motor Vehicle Standards 
Regulations 1989.  There is a rest riction of one vehicle every five  years to eligible persons.  
There are no restrictions on the importation of vehicles that comply with Australian Design Rules (i.e. that are "standard" vehicles). 
 III. Import approvals are not dependent on whethe r an applicant is a domestic producer of like 
goods.  Approvals are issued on the basis of prescribed circumstances set out in the Motor 
Vehicle Standards Regulations 1989.  There is  no follow-up action taken if a vehicle is not 
imported following the issue of an import approval. 
 
The names of individuals who have been issued  with import approvals are not made available 
to governments and export promotion bodies of exporting countries 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. The target processing period for issuing approva ls is within 15 business days of receipt of a 
complete application with a ppropriate supporting documentati on.  This processing time will 
be longer if the submitted application is inco mplete or all relevant supporting documentation 
is not provided. 
  G/LIC/N/3/AUS/5 
 Page 45 
 
 
  VI. Not applicable. 
 VII. Under the requirements set out in re gulation 13 of the Motor Vehicle Standards 
Regulations 1989, imports of pr eviously owned vehicles are restricted to Australian citizens 
or permanent migrants.  The latter category is required to have a valid visa provided by the 
Department of Immigration and Citizenship.  Importers must satisfy Australian Customs 
requirements to have the vehicle released. 
 VIII. For used vehicles imported in commercia l quantities, each applicant on satisfying the 
legislative provisions, may import not more th an 130 eligible vehicles per vehicle category 
(e.g. passenger car, off road vehicle, light comme rcial vehicle etc.) per year.  New importers 
are required to satisfy the provisions of the Motor Vehicle Standards Act 1989  and Motor 
Vehicle Standards Regulations 1989 before a licen ce is issued.  Applications are examined on 
receipt. 
 
IX. Not applicable. 
 X. Not applicable.  XI. The  Motor Vehicle Standards Act 1989  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) The target processing period for issuing import approvals is within 15 business days of receipt 
of a complete application and all relevant in formation. The actual processing time will depend 
on the completeness of the application, th e type of approval being processed and the 
complexity of the information provided in support of an application. 
 (b) Yes, providing all statutory requirements are met.  (c) There are no limitations on the da te of submission of applications. 
 
(d) The Department of Infrastructure and Tran sport administers the vehicle import approval 
regime.  However, issues relating to Customs, immigration and quarantine must be dealt with through the relevant agencies. 
 
8. There are no circumstances under which appli cations for import approval are refused other 
than failure to meet the statutory criteria in the Motor Vehicle Standards Act 1989 , Regulations, and 
Determinations.  Reasons are provided to the applicant where a refusal is issued.  
Applicants may appeal to the Administrative A ppeals Tribunal (AAT) in the event of refusal 
to issue an import approval. 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 import approval 
 
9. All persons, firms and instituti ons may apply for approval to import vehicles.  The granting of 
an approval is dependent on whether the applicant and the vehicle(s) meet the applicable criteria 
under the Motor Vehicle Standards Act 1989 . 
 (a) Under regulation 13 of the Motor Vehicle Standards Regulations 1989 (personal import 
arrangements) a person, who is an Australian c itizen or an Australian permanent resident, or G/LIC/N/3/AUS/5 
Page 46  
 
  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 used for a continuous period of at least 12 months, where they have not imported another personal vehicle within the previous 
5 years. 
 
Where a vehicle is to be imported and used exclusively for racing or rallying purposes an 
application for import approval must be ma de.  Approval will be granted where it is 
established that the vehicle is solely for raci ng purposes and for a particular event and/or is 
imported by a person holding an appr opriate recognised racing licence. 
 
Applications for import approvals for used  imported vehicles can also be submitted by 
approved Registered Automotive Workshops, or by a workshop importing one vehicle in the 
initial process of becoming an approved work shop.  Workshops must  be a company in 
Australia, or have an appointed company in Australia as a sponsor. 
 
(b) Applications can be made for import approva l of new standard vehicles (i.e. new vehicles 
complying with Australian Design Rules or new vehicles that are to be modified to comply with the Australian Design Rules by the person(s) or organisations that have been issued with 
Identification Plate Approvals for the make and model of the vehicles being applied for.  The 
numbers of vehicles imported under these import approvals are not restricted. 
 
There are no restrictions on the applicant or the number of vehicles that can be imported 
where the vehicles have been manufactured befo re 1 January 1989.  Application must be 
made, and approval granted, in relation to each such vehicle. 
 
Documentational and other requireme nts for application for licence 
 
10. Applicants are required to provide name or company details including address and contact 
phone numbers.  Relevant details of the vehicles to be imported are required to determine if the 
vehicle is eligible under the legislative requirement s.  Eligible persons seeking to import a previously 
owned vehicle are also required to provide confirma tion of overseas travel and ownership and use.  
Copies of the application form are available from the website at: 
<http://www.infrastructure.gov.au/vehicles/im ports/application_forms.aspx#io1>.   
 11. Importers must obtain a Vehicle Import A pproval before a vehicle can be imported into 
Australia.  
12. An administrative charge of $50 is required for the lodgement of a vehicle import approval 
application.  13. Payment of relevant fees must accompany th e lodgement of an application for vehicle import 
approval or, in the case of used imported vehicles,  be paid online upon the application form being 
received by the electronic application form submissi on process.  The lodgement fee is not refundable. 
 
Conditions of approvals 
 
14. Most import approvals do not  have an expiry date.  Approvals issued to entities holding 
authorities to supply new vehicles to the Australian market generally apply for the life of the vehicle 
model.  The import approvals granted for vehicl es imported for test purposes normally require that 
such a vehicle be exported or destroyed within 12 m onths unless modified to legislative requirements.  
Approvals issued in relation to used vehicles im ported by Registered Automotive Workshops also 
contain a condition that vehicles must be modified to  meet Australian Design Rules within 12 months 
or must be exported or destroyed.  G/LIC/N/3/AUS/5 
 Page 47 
 
 
  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 Im port Approval for a vehicle that does not comply 
with Australian Design Rules. 
 (b)   Conditions may be applie d to a Vehicle Import Approval. 
 
Other procedural requirements 
 18. Administrative requirements of the Australian Customs and Border Protection Service and the 
Australian Quarantine Inspection Service must be met before a vehicle is imported into Australia.  In 
cases of immigrants importing their personal vehicle the requirements of the Department of Immigration and Citizenship must also be met. 
 
19. Not applicable.  
XIX.  NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED 
CHEMICALS 
Outline of system 
 
1. Licences and permits are issued to control the import of specified narcotic drugs, psychotropic substances and related chemicals, including kava. 
 
Purposes and coverage of licensing 
 2. This system fulfils part of Australia's oblig ation under three United Nations Conventions in 
relation to restricting the supply of controlled s ubstances to that necessary to meet medical and 
scientific need and preventing diversion to the illic it drug market.  The drugs covered are substances 
listed in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956.  The licensing system 
covers persons involved in international trade of  those substances listed in Schedule 4, their 
derivatives, precursors and related substances. Thes e include the drugs and chemicals required to be 
controlled under the Single Convention on Narcotic Drugs, 1961 , the Convention on Psychotropic 
Substances, 1971 , and Table I and Table II of the Convention against Illicit Traffic in Narcotic Drugs 
and Psychotropic Substances, 1988 . 
 
An exemption applies in the case of a drug that is imported by a passenger on a ship or 
aircraft where the drug: 
 
(a) (i)  is required for the medical treatment  of the person or a nother passenger under the 
care of the person; 
(ii)  was prescribed by a medical practiti oner for the purpose of that treatment; and 
 (iii)  was supplied to the person in acco rdance with the prescription of the medical 
practitioner. 
 (b) (i)  is required for the medical treatment of  an animal that is be ing imported and is under 
the care of the person; 
(ii)  was prescribed by a veterinarian fo r 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. 
 G/LIC/N/3/AUS/5 
Page 48  
 
  Incoming passengers who are over the age of 18  years are allowed 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 substances from all countries. 
 
4. The use of import licences and permits enabl es the Government to restrict and monitor the 
quantities of controlled substances imported.  Th is is intended to prev ent the over-supply and 
diversion of controlled substances and is one strate gy adopted to address drug misuse.  The system is 
based on the requirements of the international treaties.  The Customs (Prohibited Imports) Regulations 
are not intended to restrict the quantity or volume of imports. 
 5. The Customs Act 1901  and the Customs (Prohibited Im ports) Regulations 1956 govern the 
importation of drugs.  The licensing of importers is a statutory requi rement under paragr aphs 50(3) (a) 
and (b) of the Customs Act 1901.  The drugs subj ect to control are specified in Schedule 4 under 
Regulation 5 of the Customs (Prohibited Imports) Regul ations 1956.  This syst em cannot be abolished 
without legislative approval. 
 
Procedures 
 6.I.  National import limits for substances contro lled 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 particul ar countries is not applicable.  Requests for 
exceptions and derogations from the licensing requi rements must be directed to the Office of 
Chemical Safety, Commonwealth Depa rtment of Health and Ageing. 
 
II.  An annual estimate of Australia's requirement s 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 acco rdance with INCB procedures Australia must 
establish annual estimates at the appropriate ti mes.  There is no carryover of quantity if the 
limit from the previous year was not reached.  A list of 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 secu rity 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 following the granting of a licence.  Importation 
could then proceed. 
 VII.  Licences and permits are administered by the Commonwealth Department of Health and 
Ageing.  State licence or legislative exception mu st be supplied at the time of applying for a  G/LIC/N/3/AUS/5 
 Page 49 
 
 
  licence to import. . Additional controls are imposed on some substances (for example, if the 
drug is not approved in Australia, quarantine rest rictions, 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 shipment s 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 onl y 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.  No.  7.(a)  There is no minimum advance notice require d 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 prio r to import. Permits will only be issued to a 
licensed importer.  Goods arriving at the por t 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 Commonwealth Department of 
Health and Ageing.  When considering licence applications, State licence or legislative exception must be supplied at the time of a pplying 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 (fo r example, Customs for personnel checks of the 
company applying).  The applicant does not  need to approach these authorities. 
 8. An application may be refused for any of the following reasons:  
- The criteria are not met.  These criteria require  the importer to be a "fit and proper person" 
and maintain adequate security for storage; 
- The import would be excessive to national requirements; - If other permission is required but has not b een obtained (for example, quarantine, State 
licences). 
 
A licence or permit may be revoked if the licence holder fails to comply with the conditions 
of the licence or permit.  
The affected person is notified in writing of any refusal or revocation.  A request for review 
of the refusal can be made to the Austra lian Government Minister administering the Therapeutic 
Goods Act 1989 , within 90 days after the decision first comes into the importer's notice.  In the case of 
the applicant being dissatisfied with the Minister 's finding, an application for a review of the 
Minister's decision can be made to the Administrative Appeals Tribunal. 
 G/LIC/N/3/AUS/5 
Page 50  
 
  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 concerning use, sale and distribution of the substa nces.  Import permits are only 
issued to licence holders.  State licence or legi slative 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 Commonwealth 
Department of Health and Ageing. 
 (b) Not applicable. 
 
Documentational and other requireme nts 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 "A pplication 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, ps ychotropic 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 th efts of controlled substances; 
- details of all persons who will have access to  the controlled substances, including their 
positions and qualifications and specific backgr ound 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 appointmen t of an agent (e.g. shipping agent, customs 
agent); 
- proposed importing activity for the period of the licence including drug names and proposed 
quantities. 
 
The following information must be supplied for a permit application: 
 - importer's name and address; - overseas exporter's name and address; - product description (name, form and strength); 
- number and size of the packs; 
- quantity of drug; - proposed date of import; - mode of transport (e.g. airfreight, sea freight); - where applicable, the name of the end user and the use of the end substance. 
 
A separate Permit to Import is required for every shipment of a controlled substance and will 
not be issued unless a licence is already held.  A ll permits must be obtained in advance of the 
controlled substance arriving in Australia.   G/LIC/N/3/AUS/5 
 Page 51 
 
 
  11. The import permit is the required document a nd, 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 requi rement associated with the issue of licenses. 
 
Conditions of licensing 
 14. Import licences are valid until the end of the cal endar year (year of application if applied for 
before 30 September, or following year if after 30 September).  Import permits are usually valid for 
six months, but may be amended if necessary.  15. No.  However, if a licence holder has not u sed the licence during the year and applies for a 
renewal, the applicant may need to  justify retention of the licence. 
 
16. Licences and permits are not transferable.  17. For licences, conditions apply to the keeping of  records and the reporting of movements.  For 
permits, specific conditions may be endorsed on the permit, (for example for re-export only or for 
veterinary use only). 
 
Other procedural requirements 
 
18. Importers of narcotic drugs, psychotropic substances and related chemicals for commercial 
supply should familiarise themselves with the requirements of the Therapeutic Goods Act 1989  in 
relation to the importation of therap eutic goods for supply in Australia. 
 19. Not applicable.  
XX. 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 may not be importe d 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; publications and any other goods that describ e, 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 mo rality, 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 pe rson who is, or who appears to be, a child under 18 
(whether the person is engaged in sexual activity or not).  In relation to a computer game the goods 
may be considered objectionable if the game is uns uitable for a person under 18 to see or play.  The 
goods may also be considered objectionable if they prom ote, incite or instruct in matters of crime or 
violence, or promote or incite the misuse of a dr ug specified in Schedule 4 of the Customs (Prohibited G/LIC/N/3/AUS/5 
Page 52  
 
  Imports) Regulations 1956. The goods may also be  considered objectionable if they advocate the 
doing of a terrorist act.   3. The regulations apply to the im portation of goods from all countries. 
 
4. The importation of these goods is regulated as a community protection measure.  Goods 
included are considered to be detrimental to  the well-being of the community. The Customs 
(Prohibited Imports) Regulations are not intended to restrict the quantity or value of imports. 
 5. The control on importation of the specified goods is a statutory requirement under Regulation 
4A of the 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 a rrival of the goods.  Applications generally take 
up to 20 working 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 Australian Customs and Border  Protection Service. This may happen when 
the applicant inadvertently fails to apply in advance, or does not realise the goods would be 
prohibited.  The same processing time applies,  and Customs 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 c onditions 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) Applications for import permission required  by Regulation 4A of the Customs (Prohibited 
Imports) Regulations 1956 are processed and issu ed by the Attorney-Gen eral's Department.  
Under Regulation 4A(2A) of the Customs (Prohibited Imports) Regulations 1956 the 
Attorney-General has appointed the Director and Deputy Director of the Classification Board as 
authorised persons to grant permissions to impor t.  The responsibility for determining whether 
goods are "objectionable" rests with the Austra lian Customs and Border  Protection Service. 
 
8. An application for permission to import can be  refused, or granted subject to conditions, on 
the discretion of the Attorney-General, or a pers on nominated by the Attorney-General.  Where an 
application is refused, or granted subject to conditi ons, application for review of this decision may be 
made to the Administrative Appeals Tribunal ( AAT), and except where subsection 28(4) of the 
Administrative Appeals Tribunal Act 1975 applies, th e applicant may request a statement of reasons 
for the decision.  The Attorney-General may cer tify in writing that in the public interest the 
responsibility for permission or refusal should remain  solely with the Attorney-General and should 
not be reviewable by the AAT. The certificate mu st 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 el igible to apply for permission to import.  G/LIC/N/3/AUS/5 
 Page 53 
 
 
  Documentational and other requirem ents for application for licence 
 
10. For permission to import applications mu st be made in writing to the Commonwealth 
Attorney-General or an authorised person (the Director, or Deputy Director of the Classification Board).  The application should include the following information: 
 
- importer's name and address;  - details of the goods to be imported;  - quantity and distribution (end use);  - the purposes for which the goods are to be imported; 
- explanation and evidence of the extent to which the person to whom  permission would be 
granted conducts activities of an artistic, educational, cultural or scientific nature to which the 
goods relate; 
- evidence of the reputation of the person both in general and in relation to the activities 
described above; and 
- explanation of the person's 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 require ment associated with the issue of licenses. 
 
Conditions of licensing 
 
14. Permits apply to one consignment only.  15. There is no penalty for the non-utilisation of a license or a portion of a license.  
16. Licenses are not transferable between importers. 
 17. Conditions may be applied re garding 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 was 
granted. 
 
Other procedural requirements 
 
18. No. 
 
19. Not applicable. 
 
XXI.  ORGANOCHLORINE CHEMICALS 
Outline of system 
 
1. The importation of certain organochlorine chem icals as listed in Schedule 9 of the Customs 
(Prohibited Imports) Regulations 1956 is prohi bited unless written permission, either from the 
Minister responsible for the Commonwealth Department  of Agriculture, Fisheries and Forestry or an 
authorised officer, is provided to the Australian Cu stoms and Border Protection Service (Customs) at G/LIC/N/3/AUS/5 
Page 54  
 
  the time of importation.  An authorised officer me ans an officer of the Department of Agriculture, 
Fisheries and Forestry 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 environment.  The OCP ra nge that is subject to Australian import controls 
includes the intentionally produced persistent  organic pollutants that are listed under the Stockholm 
Convention on Persistent Organic Pollutants  (Stockholm Convention), methoxychlor and 
oxychlordane.  3. The regulations apply to the im portation of goods from all countries. 
 
4. The importation of OCPs is regulated as a community protection measure.  These chemicals 
are considered to be harmful as they are generally  persistent in the environment and bio-accumulative 
in organic tissue.  The Customs (Prohibited Imports) Regulations are not intended to restrict the quantity or volume of imports.  5. The control on importation of the specifi ed goods is a statutory requirement under 
Regulation 5I of the Customs (Prohibite d Imports) Regulations 1956 made under the Customs Act 
1901 .  The system cannot be abolishe d without legislative approval.  
 
Australia is a Party to the Stockholm Conventio n and these import controls are required of all 
Parties.  Australia would need to withdraw fro m the Convention in order to abolish these import 
controls. 
 
Procedures 
 
6. Not applicable.  
 
7.(a) Application should be made in  advance of arrival of the goods. 
 (b) Permits are not normally issued immediately.  Applications for permits are made to the 
Department of Agriculture, Fisheries and Forestry. 
 
(c) Permits may be issued at any period of the year. 
 (d) Permits are issued by the Commonwealth Depa rtment of Agriculture, Fisheries and Forestry 
and are presented to Customs at the time of importation. 
 8. Application for permission to import can be  refused on the discretion of the Minister for 
Agriculture, Fisheries and Forestry.  Reasons for refu sal would be explained to applicants.  There is 
no right of appeal against the Minister's decision. However, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence 
 
9.(a) Not applicable. 
 (b) All persons, firms and institutions are e ligible to apply for permission to import. 
  G/LIC/N/3/AUS/5 
 Page 55 
 
 
  Documentational and other requireme nts for application for licence 
 
10. For permission to import, applications must be  made in writing to the relevant Minister.  The 
application should include the following information: 
 
- importer's name and address; and 
- details of the goods to be imported including th e appropriate international codes, quantity, 
intended use, exporting country, date of import. 
 11. The written permission of a relevant Minister or  authorised officer is required to be produced 
on import. 
 12. There is no licensing fee or administrative charge.  13. There is no deposit or advance payment requi rement associated with the issue of licenses. 
 Conditions of licensing 
 14. Permits usually apply to one consignment only,  typically valid for three months but may be 
extended given sufficient justification.  However, permits can be issued for multiple imports for a 
year. 
 
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 Regulation 5I of the Customs (Prohibited Imports) Regulations 
1956 may specify conditions or requirements to be comp lied with by the holder of the permission.  If 
the holder of the permission fails to comply with a condition or requirement the Minister may revoke 
the permission. 
 
Other procedural requirements 
 18. No.  19. Not applicable.  
[Further information can be found at http://www.daff.gov.au/agriculture-food/ag-vet-
chemicals/stockholm-rotterdam]  
XXII.  OZONE-DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE 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 gases, 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, hal ons, carbon tetrachloride, methyl chloroform, 
bromochloromethane and methyl bromide, for non- quarantine and pre-shipment use, is prohibited 
under the Montreal Protocol except where an essential or critical u se exemption has been granted by 
the parties to the Montreal Protocol.  Australia's  Montreal Protocol obligations are implemented 
through a system of licensing and quota restricti ons on ozone depleting hydrochlorofluorocarbons G/LIC/N/3/AUS/5 
Page 56  
 
  (HCFC). Australia controls the import and manufacture of synthetic greenhouse gases 
(hydrofluorocarbons, perfluorocarbons and sulfur he xafluoride) and applies an equivalent carbon 
price to the import and manufacture of these gases, in bulk form or contained in equipment, as part of 
its Clean Energy Future Plan to manage greenhouse gas emissions in accordance with its obligations 
under the UNFCCC. A licence is required to import and manufacture synthetic greenhouse gases and 
to import products containi ng synthetic greenhouse gases. 
 
Purposes and coverage of licensing 
 2. The requirements of the licensing system are: 
 
- Controlled substances: 
- import, export or manufacture of bulk HCFC  and methyl bromide, with import quotas 
set in line with Montreal Protocol phase- out obligations and Australia's domestic 
policy to accelerate phase-out of HCFCs; 
- import, export or manufacture of bulk h ydrofluorocarbons and perfluorocarbons, and 
sulfur hexafluoride, with no restrictions on quantity. 
- Essential use: 
- import, export or manufacture of bulk chlorofluorocarbons, halons, carbon 
tetrachloride, methyl chloroform and bromoc hloromethane approved for essential use 
by the parties to the Montreal Protocol. 
- Used substances: 
- import and export of bulk used chloro fluorocarbons, halons, carbon tetrachloride, 
methyl chloroform, bromochloromethane, methyl bromide and hydrochlorofluorocarbons. 
- Precharged equipment containing synthetic greenhouse gases and HCFCs. 
 
In September 2009, the Government introduced the partial fee waiver for the importation of 
equipment charged with HCFC or HFC refrigerant. The partial fee waiver reduces the licence application fee from $3,000 to $400, and is availa ble to one-off or low volume importers importing up 
to five pieces of equipment imported in one shipme nt, providing the total quan tity of ozone depleting 
substance or synthetic greenhouse gas being imported does not exceed 10Kg of gas. 
 
Strict conditions and reporti ng requirements apply in relation to all licenses issued. 
 
The import and manufacture of refrigeration and air conditioning equipment charged with an 
HCFC refrigerant, designed to ope rate using a HCFC refrigerant or containing insulating foam 
manufactured with an HCFC is prohibited under the legislation, unless an exemption has been 
granted. Exemptions have been granted to: 
 
- HCFC pre-charged refrigeration equipment; - HCFC pre-charged air conditioning equipmen t imported by the holder of a pre-charged 
equipment licence who has been granted a partia l fee waiver for a one-off low volume import; 
- chillers charged with HCFC-123; 
- replacement parts for existing HC FC air conditioning equipment; 
- components for  existing high static ducted split system air conditioners; - equipment insulated with foam manufactured with HCFC.   
The exemptions apply up to 30  June 2015, unless the regulations are modified to provide for 
an alternative date.  
In addition, certain products containing, manufact ured with or designed to operate using some 
controlled substances are prohibited from import, export or manufacture unless the Minister has  G/LIC/N/3/AUS/5 
 Page 57 
 
 
  granted an exemption.  An exemption under Section 40 of the Act is issued only where the use of a 
substance is essential for medical, veterinary, defen ce, 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 containing synthetic gree nhouse gases. Exemptions have b een approved for metered dose 
inhalers and imported foam  products. The exemption for imported fo am products will be reviewed by 
30 June 2013.  3. The system applies to goods from all countries,  with restrictions applying to trade of ozone 
depleting substances with countries that are not party to the Montreal Protocol. 
 4. The licensing system implements Australia's le gal 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 Gr eenhouse Gas Management Act 1989; 
- Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995; - Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995; 
- Ozone Protection and Synthetic Greenh ouse Gas Management Regulations 1995; 
- Ozone Protection and Synthetic Greenhou se Gas (Import Levy) Regulations 2004;  
- Ozone Protection and Synthetic Greenhou se 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.  It is not po ssible to abolish this system without legislative 
approval.  
The legislation does not leave designation of products to administrative discretion.  All 
substances that require licenses are specified in a sc hedule to the legislation.  No other substances 
require licensing under this legislation. 
 
Procedures 
 
6. The quantity of contro lled 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 greenhouse gases.  I. Information on licences is published in  customs notices, trade journals, on the 
Commonwealth Department of the Sustainab ility, Environment, Water, Population and 
Communities website and in an Australian data base for business.  The Government deals 
directly with holders of existing licences a nd 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 M ontreal Protocol and its relevant amendments. 
The legislation does not provide for any excepti on or derogation from licensing requirements. 
 
II. Controlled substances, used substances a nd pre-charged equipment licences are issued 
biennially. Fixed end dates appl y 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 depl eting substance specifies the amount permitted 
to be imported or manufactured during the en tire quota period.  Essential use licences are G/LIC/N/3/AUS/5 
Page 58  
 
  issued annually.  Each licence specifies the amount and type of substance to be imported for 
the entire duration of the licence. 
 
Quotas are based on the total annual consump tion (i.e. production plus imports, minus 
exports) limit under the Montreal Protocol, ad justed 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 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 legislati on are not cumulative.  The names of Australian importers are 
available to the public on the Commonwealth Department of the Sustainability, Environment, 
Water, Population a nd Communities website. 
 IV. Licence applications may be made at any time.  The Government will seek licence 
reapplications for a new licence period up to si x months prior to the commencement of the 
licence period. 
 
A licence application may take up to 60 days to be processed.  Licences may not take longer 
than this as 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 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.  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 Sustainability, 
Environment, Water, Population and Communities .  This power has been delegated to 
certain officers in the Commonwealth Department  of the Sustainability, Environment, Water, 
Population and Communities.  Applicants n eed only apply to the Department of the 
Sustainability, Environment, Water, Population and Communities. 
 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 unde r the Montreal Protocol.  HCFC imports are 
managed through a quota system, based on relativ e imports in the previous licence period. 
 
IX.  Not applicable.  X. Not applicable.  
XI. Not applicable. 
 7.(a) A licence for import of pre-charged equipmen t may be applied for at any time, including if 
necessary 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  G/LIC/N/3/AUS/5 
 Page 59 
 
 
  Greenhouse Gas Management Act 1989 , licence applications must be assessed within 60 days 
of receipt. 
 (b) The application must be assessed within the terms of the Ozone Protection and Synthetic 
Greenhouse Gas Management Act 1989 .  There is no minimum waiting period for assessment 
once all information has been provided and the application fee paid. 
 (c) Licences can be granted at any time during th e licence period.  If granted, the licence will 
expire at the end of the current licence peri od, regardless of when the licence was actually 
granted, unless it is a pre-charged equipment licence which is valid for two years from the 
date of issue. 
 (d) Licence applications are cons idered by the Department of the Sustainability, Environment, 
Water, Population and Communities.  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 fo r such refusal on request.  An applicant may apply 
to the Administrative Appeals Tribunal for a revi ew of the decision not to issue a licence.  
Alternatively, an appeal may be made on the decision-making process itself under the Administrative 
Decisions (Judicial Review) Act 1977. 
 
Eligibility of importers to apply for licence  
 
9.(a) 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. 
 
Documentational and other requireme nts for application for licence 
 
10. Controlled Substance, Essential Use, Used Substance and Pre-charged Equipment application 
forms are available on the Department of Sustai nability, Environment, Water, Population and 
Communities website at:http://www.environmen t.gov.au/atmosphere/ozone/licences/index.html. 
 11. Upon importation, an importer must present standard customs documentation along with a 
valid licence issued under the Ozone Protection and Synthetic  Greenhouse Gas Management 
Act 1989 . 
 
12. Licence application fees are charged.  F ees are: Controlled substances - $15,000; Essential 
Use - $3,000; Used Substance - $15,000; and Pre-charged Equipment - $3,000.  
In addition, holders of a controlled substance licence are required to pay a quarterly activity 
fee which is calculated by reference to the oz one-depleting or global warming potential of the 
substances imported: HCFC - $3,000 per ODP tonn es; Methyl Bromide - $135 per tonne; Synthetic 
greenhouse gases - $165 per tonne.  An equivalent car bon price applies to imports and manufacture of 
synthetic greenhouse gases from 1 July 2012, based  on the species and Global Warming Potential. 
The rate for 2012-13 is $23 per carbon dioxide equivalent tonne. 
 
13. There is no deposit or advance payment requi rement associated with the issue of licences. 
 
Conditions of licensing 
 14. Licences are valid for the licence period and cannot be extended. G/LIC/N/3/AUS/5 
Page 60  
 
  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 pers on to be a licence holder.  A joint application by 
the transferor and transferee is made to the Department of the Sustainability, Environment, Water, Population and Communities. 
 
17. Licensees are not permitted to trade in ozone  depleting substances with non-parties to the 
Montreal Protocol.  General conditions of the licence are that the licensee must have arrangements in place to manage their product at its end of life, generally through a product stewardship scheme; and 
must provide quarterly activity reports and pay the appropriate import levy, as per the Ozone 
Protection and Synthetic Greenhouse Gas Act 1989 . 
 
Conditions may also apply to the purpose to whic h 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.  XXIII.  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 and the Criminal Code Act 1995  (Cth) 
(Criminal Code).  Importation is lawful if the Commonwealth Attorney-General has issued a Permit 
under the Customs (Prohibited Imports) Regulations 1956 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 ch emical marker specified in the Criminal Code. 
 
3. The Customs and State and Territory import licensing and permissions systems apply to 
importers of plastic explosives from all countries, regardless of whether the explosives are marked. 
   
The Criminal Code requirements apply to bot h imported and domestically produced explosive 
products from all countries.  That Authorisation schem e applies to importers of plastic explosives that 
are not marked.     
 
4. The Customs (Prohibited Imports) Regulations are not intended to restrict the quantity or 
volume of imports. There are no restrictions in re lation 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 stat utory requirement under Regulation 4AA of the 
Customs (Prohibited Imports) Re gulations 1956 made under the Customs Act 1901 .  The control  G/LIC/N/3/AUS/5 
 Page 61 
 
 
  cannot be abolished without legislative approval.  The provisions requiring Authorisation to be 
obtained for certain dealings with unmarked plas tic explosives under the Criminal Code cannot be 
abolished without legislative approval.  
Procedures 
 
6. Not applicable.  7.(a) No specific timeframe.  However, it is reco mmended that the application forms are completed 
and submitted at least six weeks before th e 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 Permis sion to import plastic explosives form and on 
the Manufacturers Certificate, relevant to the Customs and Criminal Code regimes respectively.  In the case of unmarked plastic e xplosives, an Application for Authorisation to 
import unmarked plastic explosiv es should be lodged with the A ttorney-General's Department 
at the same time as the Permission form. 
 (b) A Permit under the Customs scheme would not normally be granted immediately as some 
conditions must be fulfilled.  Checking of app licants' suitability to hold a Permit generally 
takes some time and therefore Permits cannot generally be issued immediately upon request. 
 
An Application for an Authorisation under the Criminal Code regime must be submitted to 
the Attorney-General for his or her considera tion and, if the Application is approved, an 
instrument of Authorisation is executed and provi ded to the applicant.  The process may take 
approximately two to three weeks. 
 
(c) No.  (d) Granting permission for the importation of plastic explosives involves State and Territory 
licensing authorities, Australian Customs and Border Protection Services and the Attorney-General's Department.  Authorisati ons and Permissions to import unmarked plastic 
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 view as to whether or not to grant a Permit.  An import Permit under 
the Customs 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 explosives 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 grante d having regard to such matters as he or she 
considers relevant.  An application may be made to  the Administrative Appeals Tribunal for review of 
the Attorney-General's decision to refuse to grant an  Authorisation or the Attorney-General's decision 
to specify a condition or restriction in an Author isation made under section 72.18(1) (authorisation for 
research), section 72.19(1) (authorisation for defence and police purposes), section 72.20(1) (authorisation for use of existing stocks) or section 72.21(2) (authorisation for manufacturers). 
 
The Attorney-General or his or her authorised officer would be required to give reasons for 
refusing to grant an Authorisation.  If the Attorn ey-General's decision is affected by jurisdictional 
error or error of law, it is susceptible to judicial review under the Administrative Decisions (Judicial 
Review) Act 1977 . G/LIC/N/3/AUS/5 
Page 62  
 
  Eligibility of importers to apply for licence 
 
9.(a) Not applicable.  (b) Any person, firm or institution may apply for a Permit.  A Permit sha ll not be granted unless 
the applicant is a fit and proper person to be granted a Permit to impor t plastic explosives.  
Individuals, institutions, or corporations are e ligible to apply for an Authorisation to import 
unmarked plastic explosives. 
 
Documentational and other requireme nts for application for licence 
 
10. In order to import unmarked plastic e xplosives importers will need to complete: 
 - an Application for Authorisation to either ma nufacture, possess, traffic in, import or export 
unmarked plastic explosives; 
- an Application for Permission to Import Unmarked Plastic Explosives; and  
- a Manufacturers Certificate.  
In order to import marked plastic expl osives importers will need to complete: 
 - an Application for Permission to Im port Marked Plastic Explosives, and  
- a Manufacturers Certificate. 
 
A State or Territory Licence or Permit must be obtained before the Attorney-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 expl osives arriving in Australia.  If the Permission to 
import plastic explosives (and Authorisation 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 
Australian Customs and Border Protection Service 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 Customs purposes.  No deposit or advance 
payment is associated with the issue of Permissi ons or Authorisations by the Attorney-General. 
 
Conditions of licensing 
 
14. The Attorney-General is able to issue Aut horisations 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 ot her than one which is covered by the terms of an 
existing Authorisation, a new application must be made.    15. There is no penalty for non-utilisation of a Pe rmit.  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 Customs scheme are not transferable.  Similarly, Authorisations 
issued by the Attorney-General apply only to tho se applicants to whom/which the Authorisation was 
initially granted.  G/LIC/N/3/AUS/5 
 Page 63 
 
 
  17.(a)  Not applicable. 
 (b)  The importation of unmarked plastic expl osives (which are not subject to quantitative 
restriction) may be subject to such conditions and restrictions as the 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 Depa rtment of any additional consignments of 
unmarked plastic explosives acquired follo wing the grant of an Authorisation.  
 
Other procedural requirements 
 
18. No.  19. Not applicable.  Weblinks to the relevant Acts and Regulations are as follows:  
- Criminal Code Act 1995 : 
http://www.comlaw.gov.au/ComLaw/Legislati on/ActCompilation1.nsf/0/3A5F446649A6CE6
BCA25773C001A6973?OpenDocument 
 
- Customs Act 1901 : 
http://www.comlaw.gov.au/ComLaw/Legislati on/ActCompilation1.nsf/0/9E55A8CA0D3361
D2CA257781001BCB82?OpenDocument 
 
- Customs (Prohibited Imports) Regulations 1956: 
http://www.comlaw.gov.au/ComLaw/Legislation/ LegislativeInstrumentCompilation1.nsf/0/8
7EFF41BDFD47D37CA2576DA 0022AAD6?OpenDocument 
 
- United Nations Convention on the Marking of Plas tic Explosives for the Purpose of Detection  
(Montreal, 1991): 
http://treaties.un.org/doc/db/Terrorism/Conv10 ‐english.pdf. 
 
XXIV.  RADIOACTIVE SUBSTANCES 
Outline of system 
 
1. The importation of radioactive substances a nd goods containing radioactive substances is 
prohibited under the provisions of the Customs Act 1901  and Customs (Prohibited Imports) 
Regulations 1956 unless the permission in writing is granted by the Commonwealth Minister for 
Health and Ageing, the CEO of the Australian Ra diation 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 Customs at 
the time of importation.  In order for a permit to be considered the applicant must be in possession of 
a Radioactive Substances Licence from the releva nt Commonwealth, State or Territory radiation 
regulatory control jurisdiction, where required. 
 
Purposes and coverage of licensing 
 
2. The goods covered include any radioactive ma terial or substance including radium, any 
radioactive isotope or any article containi ng any radioactive material or substance. 
 3. The regulations apply to the im portation of goods from all countries. G/LIC/N/3/AUS/5 
Page 64  
 
  4. The importation of radioactive substances is  regulated as a community protection measure 
and to comply with Australia's international obligations under the Basel Convention on the Control of 
trans-boundary Movements of Hazardous Wastes . The 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 under Regulation 
4R of the Customs (Prohibited Imports) Regulations 1956 made under the Customs Act 1901 .  The 
system cannot be abolished without legislative approval.  
 
Procedures 
 6. Not applicable.  7.(a) Application should be made in advance of the arrival of the goods. 
 
(b) Permits to import are granted when it is established that the importer is in possession of a 
valid Radioactive Substances Licence, wher e required, from the relevant Commonwealth, 
State or Territory radiation control authority.  For certain classes of radioactive substances the 
relevant Commonwealth, State or Territory radi ation control authority is advised of the 
application for permission to import and allowed five working days to submit an objection to 
the granting of the permit.  
 
(c)  Permits may be issued at any period of the year.  (d) A permit is issued by the Minister for Health and Ageing, the CEO of ARPANSA or an 
Australian Public Service employee assisting the CEO appointed in writing by the Minister as 
an authorised officer.  Applications to impor t radioactive materials or articles containing 
radioactive materials must be made to AR PANSA on an ARPANSA20 Form, "Application 
for Customs Prohibited Import Release of Medical Radioisotopes" , or an ARPANSA Form 1,  
"Application for Customs Prohibited Import Rel ease of Non-Medical Radioisotopes". These 
forms, and instructions for completing the Forms are available on the ARPANSA Web site (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, wh ere required, from the 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 and Ageing. There is no right of appeal agai nst the Minister's decision. However, an appeal 
may be made on the decision-making process itself under the Administrative Decisions (Judicial 
Review) Act 1977 . 
 Eligibility of importers to apply for licence. 
 
9.(a) Not applicable. 
 (b) All persons, firms and institutions are e ligible to apply for permission to import. 
  G/LIC/N/3/AUS/5 
 Page 65 
 
 
  Documentational and other requireme nts for application for licence 
 
10. For permission to import, applications mu st be made in writing to ARPANSA.  The 
application should include the following information: 
 
- importer's name and address; 
- end users name and address; - details of the mode of transportation; - details of the goods to be imported; and - details of the Radioactive Substance Licence. 
 
Application forms are available on the ARPANSA Web site 
(http://www.arpansa.gov.au/Regulation/Permits/index.cfm).  11. The written permission of the Minister of Hea lth and Ageing, or an authorised officer, is 
required to be produced on import. 
 12. ARPANSA has an administrative charge of $130 for the granting of a single shipment permit 
and $1500 for the granting of a Twelve Month Permit.  13. There is no deposit or advance payment requi rement associated with the issue of licenses. 
 Conditions of licensing 
 
14. Permits for the importation of medical or non-medical radioisotopes may apply to one 
consignment only, or may apply to an unlimited numb er 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 Austra lian Register for Therapeutic Goods (ARTG) and 
for low hazard radioactive materials.  The holder of a Twelve Month Permit is required to ensure that 
the radioactive 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 under Regulation 4R of the Customs (Prohibited Imports) Regulations 
1956 may specify conditions or requirements to be complied with by the holder of the permission. 
 
All forms and requirements for import of radi oactive substances can be found on our website 
at http://www.arpansa.gov.au/R egulation/Permits/index.cfm.  
 Other procedural requirements 
 
18. No. 
 
19. Not applicable. 
 G/LIC/N/3/AUS/5 
Page 66  
 
  XXV.  SECURITY SENSITIVE AMMONIUM NITRATE 
Outline of system 
 
1. The importation of security sensitive ammoni um nitrate (SSAN) is prohibited under the 
provisions of the Customs Act 1901  and Customs (Prohibited Imports) Regulations 1956 unless: 
 
(a) Permission has been granted for the importa tion by the State/Territory authority where the 
goods will be located immediately af ter arrival and that is presented to Customs at the time of 
importation; or 
(b) the State/Territory does not require permission to import. 
 
A licence is required to import SSAN into th e following States and Te rritories: Queensland, 
New South Wales, Australian Capital Territory, Victoria, Tasmania, West ern Australia and South 
Australia. 
 
Purposes and coverage of licensing 
 
2.  The goods covered include security sen sitive 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 regulations apply to the importation of goods from all countries. 
 4. The importation of SSAN is re gulated as a community protection measure.  SSAN is a chemical 
of security concern and is regulat ed by the States/Terr itories under Dangerous G oods legislation.  The 
Customs (Prohibited Imports) Regulations are not intended to restrict the quantity or volume of 
imports. 
 5. The control on importation of the specif ied goods is a statutory requirement under 
Regulation 4X of the Customs (Prohibite d Imports) Regulations 1956 made under the Customs 
Act 1901 .  The system cannot be abolis hed without legislative approval. 
 
Procedures 
 6. Not applicable. 
 
7.(a)  Applications for import licences should be made at least 7 working days in advance of the 
importation.  Licences are granted by State/Territory authorities.  Where other licences for 
SSAN are held (e.g. export) a shorter timeframe may apply. 
 (b) Licences cannot be issued immediately as the licence holders need to satisfy a number of 
conditions under the relevant St ate/territory legislation that the licence is granted under. 
 
(c)  Licences may be issued  at any period of the year. 
 (d) The licences are specific to each State/Territory within Australia.  This means that to import 
SSAN into more than one jurisdiction, multiple  authorities need to be approached.  The 
licensing authority in each State/Territory consu lts other government agen cies in the licensing 
process. 
 8. Licence applicants must satisfy the requirements of the legislation in the relevant jurisdiction.  
Appeal provisions are manage d by those jurisdictions.  G/LIC/N/3/AUS/5 
 Page 67 
 
 
  Eligibility of importers to apply for licence 
 
9.(a) Not applicable.  (b) All persons, firms and institutions are eligible to apply for permission to import although they 
must satisfy the requirements of the legislation in the jurisdiction where they are applying for 
the licence. 
 
Documentational and other requirem ents for application for licence 
 
10. Applications for licences must be made to  the relevant State/Territory authority on the 
approved form for that State/Territory and include a ll relevant particulars.  The documents required to 
be submitted vary depending on the jurisdiction and whether the applicant holds other licences for 
SSAN or other dangerous goods.  
The relevant agencies are: 
 
State/Territory Agency 
Queensland Department of Mines and Energy  
New South Wales WorkCover Authority NSW 
Australian Capital Territory WorkSafe ACT 
Victoria WorkSafe Victoria 
Tasmania WorkPlace Standards Tasmania 
Western Australia Department of Mines and Petroleum 
South Australia SafeWork South Australia 
 11. Where permission is required in the State/Territory of importation, the permission from the 
relevant State/territory authority must be produced to Customs on import.  12. Licensing fees are charged by the State/Terr itory licensing authorities and vary depending on 
the type of licence sought. 
 13. There is no deposit or advance payment requi rement associated with the issue of licenses. 
 
Conditions of licensing 
 14. Licensing periods vary in each jurisdiction.   They range from 1 year to 5 years.  
 15. There is no penalty for the non-utilisation of a license or a portion of a license.  16. Licenses are not transferable between importers. 
 
17. Licences may impose conditions to be complied with.   
 
Other procedural requirements 
 
18. Not applicable. 
 19. Not applicable. G/LIC/N/3/AUS/5 
Page 68  
 
  XXVI.  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 unless the permission of the Minister for Home 
Affairs, or an authorised person, has been obtained. 
 
Purposes and coverage of licensing  
 
2. Tablet presses are defined as manual, semi-aut omatic or fully automatic equipment which can 
be used for the compaction or moulding of powdered  or granular solids, or semi-solid material to 
produce coherent solid tablets.     3. The system applies to the importation of goods originating from all countries.  
4. The Customs (Prohibited Imports) Regulations are not intended to restrict the quantity or 
volume of imports. A permission can specify co nditions 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 am phetamine 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 stat utory requirement under Regulation 4G of the 
Customs (Prohibited Imports) Re gulations 1956 made under the Customs Act 1901 .  The control 
cannot be abolished without legislative approval.  Procedures  
 
6. Not applicable.  7. Where there is no quant itative limit on im portation of a product or on im ports 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 refu sed at the discretion of the relevant Minister.  
Reasons for refusal are given to applicants.  App licants refused permission to import may appeal the 
decision-making process under the Administrative Decisions (Judicial Review) Act 1977.  
 
Eligibility of importers to apply for licence  
 
9. All persons, firms and institutions are eligible to apply.   G/LIC/N/3/AUS/5 
 Page 69 
 
 
  Documentational and other requirem ents for application for licence  
 
10. Applications must be made in writing to th e Minister for Home Affairs or an authorised 
person.  The application should include suppor ting documentation to possess the goods and/or any 
relevant end user evidential documentation.  The application form can be found at:  
http://www.customs.gov.au/webdata/resources/files/B712JUNE2010.pdf.  
 11. The original permission from the Minister or  authorised person is required upon importation. 
 12. There is no licensing fee. 
 
13. There is no deposit or advance payment requi rement associated with the issue of licenses. 
 
Conditions of licensing  
 
14. The Minister may specify a time period for the validity of the permission. 
 15. There is no penalty for the non-utilisation of a license or a portion of a license.  16. Permits/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.  
XXVII.   THERAPEUTIC SUBSTANCES AND GOODS  
Outline of system 
 
1. Importation into Australia of therapeutic  goods for human use is controlled under the 
Therapeutic Goods Act 1989 , and its Regulations, and the Customs (Prohibited Imports) 
Regulations 1956.  
Under the Therapeutic Goods Act 1989 , therapeutic goods may not be imported into Australia 
unless they are registered, listed or included in th e Australian Register of Therapeutic Goods or 
specifically exempt from this requirement.  One exem ption 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 impor t under the Customs (Prohibited Imports) 
Regulations 1956, may not be im ported without an import permit; G/LIC/N/3/AUS/5 
Page 70  
 
  - products which are injections containing materi al of human or animal origin (except insulin) 
may not be imported as personal imports, w ithout permission from the Therapeutic Goods 
Administration; 
- products which are "biological", 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 pr escription 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 passenge r 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 Customs (Prohibited Imports) Regul ations 1956 if the passenger does not have a 
prescription). 
 
Importation of certain substances is prohibite d under regulations 5A , 5G and 5H of the 
Customs (Prohibited Imports) Regulations 1956 excep t with the permission of the Secretary of the 
Commonwealth Department of Health and Ageing.   These substances include antibiotics, certain 
hormones (included in Schedules 7A of the Cust oms (Prohibited Imports) Regulations 1956) and 
other substances, including anabo lic or androgenic substances (incl uded in Schedule 8 of the Customs 
(Prohibited Imports) Regulations 1956).  Substan ces of human or animal origin are not prohibited 
imports per se . 
 
Importation of narcotic drugs, ps ychotropic substances and rela ted chemicals, including kava, 
is also controlled under the Customs (Prohibited Imports) Regulations 1956.  Those controls are 
described separately in this document, in the s ection titled "Narcotic Drugs, Psychotropic Substances 
and Related Chemicals". 
 
Purposes and coverage of licensing 
 
2. Import permits are issued under the Customs (Prohibited Imports) Regulations 1956 both for goods approved for marketing in Australia and fo r "unapproved" goods where supply is considered 
appropriate (e.g. in the context of clinical tr ials or special patient access).  The therapeutic 
substances/goods covered are: 
 - Substances named in regulation 5A (1) of the Customs (Prohibited Imports) 
Regulations 1956.  Currently, only antibiotic s ubstances are so specified.  Exemption applies 
in the case of: 
- antibiotics carried by a passenger on a ship or aircraft where the antibiotics are for the 
sole use of the passenger or the passenger' s relative, and the amount does not exceed 
3 months' supply of the substance at the maximum dosage recommended  by the manufacturer of the substance; or 
- antibiotics required for the use of an animal  that is being imported and is under the 
care of a passenger on the same ship or  aircraft and the amount does not exceed 
3 months' supply of the substance at the maximum dosage recommended  by the 
manufacturer of the substance; or 
- antibiotics imported by a member of a group of persons visiting Australia to 
participate in a national or international spor ting event, and for use in the treatment of 
a member or members of that group or an animal that is bei ng imported and is under 
the care of the group. 
 - Goods to which regulation 5G of the Custom s (Prohibited Imports) Regulations 1956 refer, 
that is, goods, which are, listed in Schedule 7A  to the Regulations. Sche dule 7A currently lists 
therapeutic goods which are mostly, ho rmones.  Exemption applies where:  G/LIC/N/3/AUS/5 
 Page 71 
 
 
  - 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 Aust ralia 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 appl y if the goods are required for the medical 
treatment of a person who is an athlete within the meaning of section 4 of the Australian Sports 
Anti-Doping Authority Act 2006 ; or a person who has come to 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 Customs (Prohibited Imports) Regulations 1956 refers, 
that is, goods listed in Schedule 8 to the Regula tions.  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 Customs (Prohibited Impor ts) Regulations 1956 are intended to restrict 
entry to Australia of substances that may be the subject  of abuse in one form or another, or pose a risk 
to public health such that they should not be  accessible to the general public via personal import 
arrangements.  The importation of antibiotics is regul ated 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 Regulations ar e those known to be associated with particular 
hazards or concerns, which warrant restriction or prohibition of their use. The Customs (Prohibited 
Imports) Regulations are not intended to r estrict the quantity or volume of imports. 
 5. The controls on importation of therapeu tic goods are statutory requirements under the 
Therapeutic Goods Act 1989 , and associated regulations, and under the Customs Act 1901 , and 
associated Customs (Prohibited Imports) Regulations  1956.  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 immediat ely if a genuine emergency exists. 
 (c) Permits may be issued at any period of the year.   
(d) Applications for import permits under regulati ons 5A, 5G and 5H of the Customs (Prohibited 
Imports) Regulations 1956 are processed and issued within the Commonwealth Department 
of Health and Ageing. 
 G/LIC/N/3/AUS/5 
Page 72  
 
  8. If an import permit under regul ations 5A, 5G or 5H of the Customs (Prohibited Imports) 
Regulations 1956 is refused, the applicant is notifie d in writing of the reasons for refusal.  A request 
for review of the refusal can be made to the Au stralian 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 Admi nistrative Appeals Tribunal. In addition, an appeal 
may be made on the decision-making process itself under the Administrative Decisions (Judicial 
Review) Act 1977 . 
 
Eligibility of importers to apply for licence 
 
9.(a) Not applicable. 
 (b) All persons, firms and institutions are eligible  to apply for permission to import provided they 
are domiciled in Australia.  They must also comply with any State/Territory legislation 
relating to manufacture and wholesale. 
 
Documentational and other requireme nts for application for licence 
 
10. For permission to import antibiotics under Regulation 5A (1) of the Customs (Prohibited Imports) Regulations 1956, app lications 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 (wheth er 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 Customs 
(Prohibited Imports) Regulations 1956 refers ) the written application must include: 
 
- importer's name and address; 
- full details of the product proposed for import; - supervising doctor's prescription, if applicable; - State/Territory Schedule 4 (prescription only medicine) licence number (if applicable); - depending on the nature of the goods and the intended pur poses, further documentation or 
evidence may be required. 
 11. Import authorisation is usually issued in th e 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 requi rement associated with the issue of licenses. 
 
Conditions of licensing 
 
14. Import permits may apply to one consignm ent 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.   G/LIC/N/3/AUS/5 
 Page 73 
 
 
  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 Customs (Prohibited Im ports) Regulations 1956.  Permits issued for 
substances in Schedules 7A and Schedule 8 of the 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 u nder an international agreement.   
 
The quantitative restriction applies to individua l importers as a condition of the import permit 
and is based on established need and end use. 
 
Import permits may also cite such matters as: 
 - compliance with other State, Territory and Commonwealth laws; - the subsequent use of the therapeutic good; 
- the custody, use, disposal or distribution of the imported goods; 
- the keeping of records relating to the imported goods; and/or - a time restriction within which the importation must occur.  
Other procedural requirements 
 
18. Importers of therapeutic goods for commercia l 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 informat ion is available at http://www.tga.gov.au/. 
 19. Not applicable. 
 
XXVIII.  UNMANUFACTURED TOBACCO LEAF   
Outline of system  
 
1.   The importation of unmanufactured tobacco leaf is prohibited under provisions of the Customs Act 1901  (Customs Act) and the Customs (Prohi bited Imports) Regulations 1956 (Customs 
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 d ealt with must be licensed under the Customs Act. 
 Purposes and coverage of licensing 
 2. The goods covered include tobacco that is  not stemmed or stripped and includes whole 
tobacco plants or leaves in the natural state, or as cured or fermented leaves. Licensed tobacco 
manufacturers and dealers who also hold a permission to import unmanufactured tobacco leaf (permission) are able to import these goods as an i nput to manufacture or more generally deal in 
tobacco seed, plant or leaf  
 3.          The system applies to unmanuf actured tobacco leaf originating from all countries. 
 4.          The Customs (Prohibited Imports) Regulations are not intended to restrict the quantity or 
volume of imports. 
 
The importation of unmanufactured tobacco leaf is regulated to limit access to those licensed 
as manufacturers or dealers and therefore reduce illicit production. G/LIC/N/3/AUS/5 
Page 74  
 
  5.           The control on the specified goods  is a statutory requirement under Regulation 4D of the 
Customs PI Regulations  made under the Customs Act.  The control cannot be abolished without 
legislative approval.  
An Excise licence for tobacco is a legislativ e requirement under Sec tions 25 (Manufacturers) 
and 33 (Dealers) of the Excise Act.  There is no ad ministrative discretion – manu facturers or dealers in 
tobacco leaf must be licensed under the Excise Act.  The  control cannot be abolis hed without legislative 
approval.  
A Customs warehouse licence is issued under Section 79 of the Customs Act.  Anyone 
intending to use imported goods in excise manufa cture must enter those goods for warehousing in a 
Customs licensed warehouse.  Those goods must then be administratively tran sferred to a warehouse 
licensed by the ATO as a manufacturer or dealer under the Excise Act.  There is no administrative 
discretion – imported tobacco leaf must  be entered for warehousing.  The  control cannot be abolished 
without legislative approval.  Procedures 
 6. Not applicable.  7.(a) The time frame for granting or refusing licen ce applications is 28 days from the date the ATO 
receives a complete application.  If an incomplete application is received, the ATO will 
contact the applicant within 14 days of receipt  to request further information.  The same 
28 day time frame applies to processing an application for permission.   
 (b) No. 
 
(c)  No.  (d)  Yes, the application for an Excise licence and a permission is considered in its entirety by the 
ATO.  From 1 July 2010, the ATO took over the administration of excise equivalent goods (EEGs) under delegation from the Australian Customs and Border Protection Service 
(Customs and Border Protection).  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 crite ria, as described in sections 39, 39A, 39B & 39C of the 
Excise Act, are grounds for refusing to grant a manuf acturer or dealer licence.  These grounds include 
where the applicant is not deemed fit and proper, th e applicant does not have the skills and experience 
to carry out the activity, or the applicant does not have a market for the goods.  When a licence is 
refused, the applicant is provided with reasons for th e 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 Custom s warehouse licence.  These grounds are similar to those listed in 
the Excise Act.  When a licence is refused, the appl icant 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 Customs PI Regulations stat es that consideration must be given to the 
applicant's compliance with the Excise Act and any other relevant matters when  assessing a permission 
to import unmanufactured tobacco leaf.  The same re gulation allows a person who is dissatisfied with a 
decision to object to it in the manner set out in Part IVC of the Taxation Administration Act 1953 .  G/LIC/N/3/AUS/5 
 Page 75 
 
 
  Eligibility of importers to apply for licence 
 
9.         Yes.  As long as the person or business h as a site to be licensed in Australia they can apply.  
Excise and Customs licences are linked to sites as we ll as the individual or company applying.  Each 
site operated by a single entity must be licensed se parately so that the licence application can be 
assessed in terms of appropriateness of site security, plant and equipment, and stock recording for 
each site.  
In relation to the permission, the entity must hold either an Excise manufacturer or dealer 
licence, and the site where imported tobacco is to be dealt with must be licensed under the Customs 
Act. 
 (a)  Not applicable.  (b)  Not applicable. 
 
Documentational and other requirem ents for application for licence 
 
10. An application for a Licence to Manufactur e Tobacco provides details of the information 
required during the licence application process.  Copies of the application form, along with an 
Application for Dealer Licence, are attached at Appendices A & B.  
Since the transfer of administration of EEGs to  the ATO in July 2010, the application form 
for a warehouse licence has been revised to reflect  a number of changes.  A copy of the revised 
application is at Appendix C.  
 
If the applicant is not already registered for Exci se, then they will also need to complete an 
Excise registration form.  A copy is attached at Appendix D.  
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 Consent to Obtain Information form (individual or 
company).  Copies are attached at Appendices E & F. 
 
The applicant must also provide certified copies of the floor plan of the proposed licence site.   
 
Finally, during the review process the applican t may be required to se nd additional documents 
in support of their claims - for example, a busin ess plan, evidence of a market, details of security 
arrangements or insurance policy details. 
 
There is no specified application form for the permission, although a written application must 
be lodged providing the Commissioner with any in formation he reasonably 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 import ation documentation re quired by Customs. 
 12. There are no fees associated with the Excise  licences or the permission.  There are fees 
associated with the warehouse licence that are determ ined by the type of activity associated with the 
licence.  The initial fee is A$7000 and there is an annual  renewal fee of A$4000.  If the licence holder is 
only dealing in imported goods to be used in the ma nufacture of excisable goods,  then the initial fee is 
A$1000 and there is no renewal fee.     13. No. G/LIC/N/3/AUS/5 
Page 76  
 
  Conditions of licensing 
 
14. A licence to manufacture or de al in tobacco is valid for 3 years and must be renewed before the 
end of the 3 year period.  The validity of a licence ca n be extended if it is approved for renewal by the 
ATO.  The associated permission is valid for the same period as the licence although, rather than 
being renewed, it must be re-issued.  This is an administrative requirement only.  
  
In contrast, a warehouse licence is valid for 1 year only and must be renewed annually.  The 
validity of a licence can be extended if it is a pproved for renewal by AT O staff operating under 
Customs delegation. 
 
15. No.  16. Excise manufacturer, dealer or Customs warehouse licences are not transferable.  Although the ATO licenses the site, the licence cannot be transferred and any change in ownership would 
require a new licence application.  The permission also is not transferable. 
 17.(a)  Not applicable.  (b)  Section 39D of the Excise Act and section 82  of the Customs Act allow the ATO to apply 
conditions to a licence in order to protect th e revenue or to ensure compliance with the 
relevant Acts. There are no limitations on the c onditions that can be applied on a permission 
under Regulation of the Customs PI Regulations. 
  
Other procedural requirements 
 
18. No. 
 19. Not applicable.  
Links to legislation 
 
Excise Act 1901 
http://www.comlaw.gov.au/ComLaw/Legislation/Ac tCompilation1.nsf/curre nt/bytitle/0F665CB0FC4
9A6CFCA257758001AC994?OpenDo cument&mostrecent=1. 
 Customs Act 1901 
http://www.comlaw.gov.au/ComLaw/Legislation/Ac tCompilation1.nsf/current/bytitle/9E55A8CA0D
3361D2CA257781001BCB82?OpenDo cument&mostrecent=1. 
 Customs (Prohibited Imports) Regulations 1956 http://www.comlaw.gov.au/comlaw/Legislation/Legi slativeInstrumentComp ilation1.nsf/current/bytitl
e/87EFF41BDFD47D37CA2576DA0022AAD6?OpenDocument&mostrecent=1. 
 
Taxation Administration Act 1953 http://www.comlaw.gov.au/ComLaw/Legislation/Ac tCompilation1.nsf/current/bytitle/1B186AA9BA
BE49ECCA25777C0008DD9C?OpenDocument&mostrecent=1. 
  G/LIC/N/3/AUS/5 
 Page 77 
 
 
  XXIX.  VIABLE MATERIAL DERIVED FROM HUMAN EMBRYO CLONES 
Outline of system 
 
1. The Prohibition of Human Cloning for Reproduction Act 2002  (section 23C) required the 
Minister who administers the Customs Act 1901  to make regulations "permitting, subject to 
appropriate conditions or restri ctions, the import and export of human embryonic stem cell lines 
which have been derived from human embryo clon es using practices consistent with Australian 
legislation".   
The relevant regulations are the Customs Am endment Regulations 2009 (No. 3) (Select 
Legislative Instrument 2009 No. 186), the Customs (Prohibited Exports) Amendment 
Regulations 2009 (No. 1) (Select Legislative Inst rument 2009 No. 187) and the Customs (Prohibited 
Imports) Amendment Regulations 2009 (No. 3) (Sel ect 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 authorised person has granted permission in writing and the permission is produced 
at or before the time of import or export. 
 
Details of the scheme have not been finalised  because as of August 2012 no-one has reported 
successfully establishing an embryonic stem cell line derived from a human embryo clone.  Consequently a request for permission to import or  export such material has not yet been made. 
 Purposes and coverage of licensing 
 2. The permit system relates to the import or export of viable material derived from human 
embryo clones and is necessary to give effect to the legislative requirements of the Prohibition of 
Human Cloning for Reproduction Act 2002 and the related Research Involving Human Embryos 
Act 2002 .  Viable material means living tissues and cells. 
 3. The system applies to any viable material derived from human embryo clones originating in 
Australia or coming from other countries.  4. The Prohibition of Human Cloning for Reproduction Act  2002  is intended to prohibit the 
import or export of viable material derived fro m human embryo clones unless the Minister or an 
authorised person has granted permission.  5. The relevant legislation is  cited above at question 1. 
 
Obtaining a permit under the legislation is a stat utory requirement in all circumstances.  All 
materials covered by the definition of "viable materi al" derived from a "human embryo clone" will 
require a permit.  This is not subject to administ rative 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 scheme have not been fi nalised it is not possible to provide specific 
information.  However, the time taken to c onsider 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/5 
Page 78  
 
  (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 National Health Medical Research  Council (NHMRC) will have responsibility for 
administering the permit scheme and will provide advice to Customs on any permits issued.  Customs requirements 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 
refused, reasons are provided and applicants have a right of appeal to the Administrative Appeals 
Tribunal. In addition, an appeal may be ma de 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 seek ing 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 organi sations applying for an export permit it is expected that only 
the person or organisation that derived the viable mate rial in Australia would be eligible to apply.  
Such persons or organisations would need to hold a licence issued under the Research Involving 
Human Embryos Act 2002  authorising the creation of the human embryo clone and derivation of 
viable material from it.   
 
Documentational and other requireme nts for application for licence 
 
10. As noted above the details of the permit sc heme have not been finalised.  However, the 
importer or exporter will be required to demonstrate that the viable material has been obtained using 
practices consistent with Australian legislation.  This will include providing evidence that the viable 
material has been derived or obtained legally and et hically.  Information and application forms will be 
available from the NHMRC website (http://www.nhmrc.gov.au).   11. An approval under the Legislation, such as a permit, must be obtained prior to import or 
export and is required to be produced  at the time of import or export. 
 12. There is no licensing fee or administrative charge.  13. There is no deposit or advance payment requi rement associated with the issue of permits. 
 
Conditions of licensing  
 
14. The period of validity of a permit will be the pe riod 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 scheme will allow for 
transfer of permits between importers or exporters.   
  G/LIC/N/3/AUS/5 
 Page 79 
 
 
  17. The regulations allow for conditions to be atta ched 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 c ontrols may be relevant. 
 19. Not applicable.  XXX.  WEAPONS AND CROWD CONTROL GOODS 
Outline of system 
 
1. The importation of weapons including, daggers , crowd control goods and laser pointers are 
regulated by the Customs Act 1901  and the Customs (Prohibited Imports) Regulations 1956. 
 
The Act can be found at: http:// www.comlaw.gov.au/Details/C2012C00618. 
 The Regulations can be found at: h ttp://www.comlaw.gov.au/Details/F2012C00563.  
 
Purposes and coverage of licensing 
 
2. The goods covered are weapons , crowd control goods and laser pointers as specified at 
Schedule 3 and Schedule 13 of the Customs (Prohib ited Imports) Regulations 1956 (the Regulations), 
and firearms, firearm accessories, firearm parts, firearms magazines, ammunition, components of 
ammunition and replicas as specified at Schedule 6 of the Regulations. 
 
The importation of goods specified in Schedule 13 of the Regulations is prohibited unless the 
conditions, restrictions or requirements specified ar e complied with and the written permission of the 
Minister, or an authorised person, is granted - applications are processed through the Australian 
Customs and Border Protection Service.  Some goods  specified in Schedule 13 may be imported with 
certification from the Police in the State or  Territory of residence or importation. 
 
The importation of goods specified in Schedule 3 anti-personnel sprays, chemicals, grenades 
and canisters is prohibited unless they are being im ported for the Government of the Commonwealth, 
the Australian Federal Police, a Police force of a Stat e or Territory, a correctional facility of a State or 
Territory, or other State or Territory government agency specified in the Regulations and the written 
permission of the Minister, or an authorised person,  is granted - applications are processed through the 
Australian Customs and Border Protection Service.    
The importation of goods specified in Sc hedule 6 is prohibited unless the conditions, 
restrictions or requirements specified are complied with and the written permission of the Minister, or 
an authorised person, is granted - applications  are processed through the Attorney-General's 
Department.  Some goods specified in Schedule 6 ma y be imported with certification the Police in the 
State or Territory of residence or importation.  3. The regulations apply to im portations from all countries. 
 
4. The Customs (Prohibited Imports) Regulations 1956 are not intended to restrict the quantity 
or volume of imports, however, import permission fo r these goods is valid for a quantity specified on 
the permission and is valid for one importation only.  G/LIC/N/3/AUS/5 
Page 80  
 
  Controls on importation have been introduced  as a community protection measure.  The 
monetary value is not a criterion for control.  5. The control on importation of the specified goods is a statutory requirement under the 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 the goods. 
 (b) Applications for permission to import can be  processed immediately provided all information 
is available and the application is considered to be urgent.  Permission itself cannot be granted 
immediately, as the decision-maker must consider whether the importation meets the 
requirements specified in the Regulations before giving written permission. 
 (c) Permits may be issued at any period of the year.  (d) The permission of the Minister may also requi re State or Territory approval for the possession 
and sale of the goods.  Applications for import permits require d under Schedule 3 and 
Schedule 13 are processed by the Australian Cu stoms and Border Protection Service or the 
relevant State or Territory Police where appropr iate.  Applications for import permits required 
under Schedule 6 are processed by the Attorney-G eneral's Department, or the relevant State 
or Territory Police where appropriate. 
 
8. Application for permission to import can be refu sed at the discretion of the relevant 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 for licence 
 9. All persons, firms and institu tions are eligible to apply. 
 
Documentational and other requireme nts for application for licence 
 
10. Applications must be made in writing to the Minister, or an authorised person.  The 
application must include supporting documentatio n showing the importation complies with the 
relevant conditions, restrictions or requirements speci fied are complied with and confirmation that the 
goods can be possessed or sold on the relevant State or Territory.  
The application form for Schedule 3 an d Schedule 13 goods can be found at:  
http://www.customs.gov.au/webdata /resources/files/B710AUG2009.pdf. 
 
The application form for Schedule 6 goods can be found at: 
http://www.ag.gov.au/Firearmsregulation/Docume nts/Application%20Form%20for%20Firearms%20I
mportation%20-%20November%202010.PDF. 
 11. The original permission from the Minister or  authorised person is required upon importation. 
 12. There is no licensing fee.  G/LIC/N/3/AUS/5 
 Page 81 
 
 
  13. There is no deposit or advance payment requi rement associated with the issue of licenses. 
 
Conditions of licensing 
 
14. The Minister may specify a time period for the validity of the permission. 
 
15. There is no penalty for the non-utilisation of a license or a portion of a license.  16. Permits/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.  
XXXI.  WOOLPACKS 
Outline of system 
 
1. The importation of woolpacks and woolpack caps is prohibited under the provisions of the 
Customs Act 1901  and Customs (Prohibited Imports) Regul ations 1956 unless the permission of the 
Australian Government Minister for Agriculture, Fisheries and Forestry, or an authorised person, is granted; or a test certificate issued by a prescrib ed testing authority certifying that the woolpacks 
conform to Australian standards, is produced.  
 Purposes and coverage of licensing 
 
2. The goods covered are new woolpacks and woolpack caps: unless the permission of the 
Minister for Agriculture, Fisheries and Forestry, or  an authorised person is obtained; or a test 
certificate issued by a prescribed testing authority,  certifying that the woolpacks or woolpack caps 
conform to Australian Wool Exchange (AWEX) standards, is produced. 
 
Second-hand woolpacks and woolpack caps: unless the permission of the Minister for 
Agriculture, Fisheries and Forestry or an aut horised person is obtaine d.  The importation of 
second-hand woolpacks for use as containers of wool is not permitted. 
 
3. The regulations apply to the importation of woolpacks and woolpack caps 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 specifi ed goods is a statutory requirement under 
Regulation 4K of the Customs (Prohibite d Imports) Regulations 1956 made under the Customs Act 
1901 .  The system cannot be abolishe d without legislative approval. 
 
Procedures 
 6. Not applicable. G/LIC/N/3/AUS/5 
Page 82  
 
  7.(a) Application should be made in advance of 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 promptly if a genuine emergency exists. 
 
(c) Permits may be issued at any period of the year.  (d) A test certificate may be issued by a prescribed  testing authority in Australia or overseas to 
certify that the woolpacks or woolpack caps c onform to Australian Wool Exchange (AWEX) 
standards. Applications for import permission ar e issued by officers of the Department of 
Agriculture, Fisheries and Forestry authorised by the Minister for Ag riculture, Fisheries and 
Forestry. 
 8. Application for permission to import can be refused at the discretion of the Minister for 
Agriculture, Fisheries and Forestry, or an authorised person, if the ordinary criteria are not met.  There 
is no right of appeal against the Minister's (or aut horised person's) decision. However, an appeal may 
be made on the decision-making process itself under the Administrative Decisions (Judicial Review) 
Act 1977 . 
 
Eligibility of importers to apply for licence 
 
9.(a) Not applicable. 
 (b) All persons, firms and institutions are e ligible to apply for permission to import. 
 
Documentational and other requireme nts for application for licence 
 
10. For permission to import applications must be made in writing to the Minister for Agriculture, 
Fisheries and Forestry.  The application should include the following information: 
 
- 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 requi rement associated with the issue of licenses. 
 
Conditions of licensing 
 
14. Permits apply to one consignment only.  
15. There is no penalty for the non-utilisation of a license or a portion of a license.  16. Licenses are not transferable between importers.   G/LIC/N/3/AUS/5 
 Page 83 
 
 
  17. Conditions may be applied rega rding the custody, use, disposal or destruction of the imported 
woolpacks or woolpack caps for the purpose of ensuring that they are not used otherwise than for the 
purpose for which the permission is granted.  
 
Other procedural requirements 
 
18. No.  19. Not applicable.  
__________