G/LIC/N/3/AUS/7  
 
12 February 2015  
(15-0894)  Page: 1/71  
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 - 2014 
AUSTRALIA  
The following communication, dated 30 January 2015, is being circulated at the request of the 
delegation of Australia. 
 
_______________ 
 
1   ANIMALS (INCLUDING BIRDS, FISH AND INSECTS) AND ANIMAL PRODUCTS, 
PLANTS AND GOODS OF GENERA L QUARANTINE CONCERN. ............................................ 2  
2   ANZAC GOODS ............................................................................................................. 5  
3   ASBESTOS .................................................................................................................. . 7 
4   CAT AND DOG FUR PRODUCTS ..................................................................................... 9  
5   CETACEANS (WHA LES, DOLPHINS AN D PORPOISES) ................................................ 10  
6   CHEESE, CERTAIN TYPES ........................................................................................... 12  
7   CHEMICAL WEAPONS, CHEMICALS AND THEIR PRECURSORS .................................... 15  
8   COUNTERFEIT CREDIT CARDS ................................................................................... 17  
9   DOG COLLARS – PROTRUSI ON .................................................................................. 19  
10   FLAGS, ARMS  AND SE ALS ........................................................................................ 20  
11   HAZARDOUS GOODS ................................................................................................ 22  
12   HAZARDOU S WAST E ................................................................................................ 25  
13   ICE PIPES ................................................................................................................ 27  
14   IMPORTS TO ANTARCTICA ...................................................................................... 29  
15   IMPORTS TO TERRITORY OF HEAR D ISLAND AND MCDO NALD ISLANDS ................. 31  
16   INCANDESCENT (F ILAMENT) LAMPS ....................................................................... 32  
17   INDUSTRIAL  CHEMICALS ........................................................................................ 34  
18   MOTOR VEHICLES .................................................................................................... 37  
19   NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED CHEMICALS ......... 40  
20   OBJECTIONABLE ITEMS ........................................................................................... 44  
21   ORGANOCHLORI NE CHEMIC ALS .............................................................................. 46  
22   OZONE-DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE GASES ................ 48  
23   PLASTIC EXPLOSIVES.............................................................................................. 52  
                                               
1 See document G/LIC/3, Annex, for the Questionnaire. G/LIC/N/3/AUS/7 
 
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  24   RADIOACTIVE SUBSTANCES .................................................................................... 55  
25   SECURITY SENSITIV E AMMONIUM NITRATE ........................................................... 57  
26   TABLET PRESSE S ..................................................................................................... 58  
27   THERAPEUTIC SUBS TANCES AND GOODS ................................................................ 60  
28   UNMANUFACTURED TOBACCO LEAF ......................................................................... 63  
29   VIABLE MATERIAL DERIVE D FROM HUMAN EM BRYO CLON ES.................................. 66  
30   WEAPONS AND CROW D CONTROL GOODS ............................................................... 68  
31   WOOLPACKS ............................................................................................................ 70  
 
_______________ 
 
 
1  ANIMALS (INCLUDING BIRDS, FISH AND INSECTS) AND ANIMAL PRODUCTS, PLANTS AND GOODS OF GENERAL QUARANTINE CONCERN.  
Outline of system 
1.  The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)  regulates 
international trade in Australian native species, live wildlife, and species listed under the 
Convention on International Trade in Endanger ed Species of Wild Fauna and Flora (CITES) .   
 EPBC Act -  http://www.comlaw.gov.au/Details/C2014C00506  
 
EPBC Regulations -  http://www.comlaw.gov.au/Details/F2014C00950  
 The Quarantine Act 1908 , Quarantine  Regulations and Quarantine 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 products, soil and other items of 
general quarantine concern.  Quarantine legislation: http://www.comlaw.gov .au/Details/C2014C00612 
 
Sections of the Customs (Prohibited Imports) Regulations 1956 control the 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 spec imens, 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. Australia’s 
quarantine legislation applies to the importatio n of all plants, animals and their products and 
derivatives.   
The Customs (Prohibited Imports) Regulations 1956 control the importations of: fish caught by 
foreign based fishing vessels; and Patagonian and Antarctic Toothfish. The Regulations also control the import of raw tobacco and certain plant material containing drugs.  
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 G/LIC/N/3/AUS/7 
 
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  of species that are endangered, or could become endangered.  The EPBC Act is not intended to 
restrict the quantity or value of imports.  The quarantine legislation is not intended to restrict the quantity or value of imports but to 
manage the risk of introduction of exotic pests and diseases associated with importation for the 
purpose of protecting plant, animal and human he alth and the environment.  The legislation also 
seeks to protect the Australian environment against further establishment of pest species of plants 
and animals by controlling the importation of certain live plants 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 controls 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 Environment Protection and Biodiversity Conservation Regulations 2000 
Quarantine Act 1908 
Quarantine Regulations Quarantine Proclamation Customs (Prohibited Imports) Regulations 1956 
 
The Commonwealth Department of the Environment is responsible for administration of the EPBC Act.  The Commonwealth Department of Agriculture is responsible for administration of animal and 
plant quarantine legislation.  The Australian Cu stoms and Border Protection Service (ACBPS) is 
responsible for administration of the Customs (Prohibited Imports) Regulations 1956.  
The legislation does not allow for administrative discretion regarding goods/items subject to import 
controls.  It is not possible for the Government or executive branch to abolish the systems without legislative approval.  
Procedures 
6. Not applicable. 
 
7. (a) Application should be made well in advance of arrival of the goods to allow time for the 
application to be assessed against the legislation and the relevant import policy.  Not all goods require an import permit and clearance to import can be given at the point of entry 
provided the import conditions have been met.   However, CITES permits cannot be issued 
retrospectively. 
 (b) In the case of most importations in this category it will not be possible for permission to be 
issued immediately on request. 
 (c) Permits may be issued at any period of the year. 
 
(d) Applications for permission to import most animals, animal products, plants and plant products 
into Australia involve an approach to a single agency – Department of Agriculture – unless the 
specimens are listed under CITES or Part 2 of the List of Specimens taken to be Suitable for 
Live Import  (live import list) under the EPBS Act, in which case an import permit from the 
Department of the Environment is also required.  The importation of some products is, by law, subject to certain quarantine conditions, outlined in the Department of Agriculture’s 
Import Conditions database - http://www.agriculture.gov.au/biosecurity/import/icon-icd.  If 
the good to be imported is regulated by mo re than one agency, import permission is 
generally required from both agencies before the good may be imported.  Live animals and 
plants must be included on the live import list under the EPBC Act before they may be 
imported. 
 
8.  An application to the Department of Agricultur e for an import permit may only be refused under 
the ordinary criteria for such applications.  Reasons for refusal will be advised.  There are no formal structures in place under the quarantine legislation through which an appeal may be lodged regarding the refusal to grant an import permit.  
 G/LIC/N/3/AUS/7 
 
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  For permit decisions under the EPBC Act, applicants  may appeal on the merits of the decision to 
t h e  A d m i n i s t r a t i v e  A p p e a l s  T r i b u n a l  ( A A T ) .   A l t e r n a t i v e l y ,  a n  a p p e a l  m a y  b e  m a d e  o n  t h e  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 Australian persons, firms and institutions are eligible to apply for permission to import. 
 Documentational and other requirements for application for licence 
10.  Applications for permission to import can be made electronically for all commodities.  
Applications to import to Christmas and Cocos Isla nd must be made in writing to the Department 
of Agriculture.  The form of the application and information required will depend on the nature of the animal/plant/product/derivative for which permission to import is required and are publicly 
available on the Department of Agriculture website at: 
http://www.daff.gov.au/biosecurity/i mport/application/elodgement 
http://www.agriculture.gov. au/biosecurity/import/ application /manual-applications  
 
11.  Where the importation of the item comes under the jurisdiction of the Department of the Environment, applications for permission to import must be made in writing to the Minister for the Environment. Application forms can be found at:  
http://www.environment.gov.au/biodiversity/ wildlife-trade/permi ts/applying-permit . 
 
Importers should consult the ICON database (htt p://www.daff.gov.au/biosec urity/import/icon-icd ) 
to determine if a commodity intended for import to Australia needs a quarantine 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 
(http://www.daff.gov.au/biosecurity /import/application/elodgement ). 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 the import of CITES listed specimens, both CITES export and 
import permits are generally required upon importation.  The import of live specimens may also 
require an import permit. 
 12.  Information on fees and charges for the import ation of items that come under the jurisdiction 
of the Department of Agriculture may be found at: 
http://www.agriculture.gov.au/fees/b iosecurityfees-charges/import .  Information regarding fees 
and charges relating to the application for CITES import permits, and live specimen permits, is 
available at: http://www.environment.gov.au/biodive rsity/wildlife-trade/permits/fees .   
 
13.  There is no deposit or advance payment requ irement associated with the issue of licenses, 
although assessment fees apply for most Department of Agriculture permit applications. An 
application (processing) and assessment fee for a Department of Agriculture permit is charged 
automatically when a permit application is accepted, regardless of whether or not the permit is issued.  Further, the Department of the Environment 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.  Legislation will normally  not allow for continuing permission. Individual 
assessments of permit applications will determ ine the appropriate validity period, which is 
generally one or two years for Department of Agriculture permits.  From time to time, a permit will 
be issued with a different validity, such as short term importation of artefacts for a museum 
exhibition. CITES permits issued by the Departme nt of the Environment 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. Permits issued under the 
EPBC Act may be transferred under some circumstances. 
 17.(a) Not applicable. G/LIC/N/3/AUS/7 
 
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  (b) Conditions may be applied in respect of such issues as custody, end use, disposal or 
distribution of imported goods as well as pre-export treatment, testing, certification or on-arrival treatment or quarantine.   
 
Other procedural requirements 
18.  No. 
 
19.  Not applicable. 
 2  ANZAC GOODS 
Outline of system 
1.  There are two regulations under which the word "Anzac" is protected in Australia – Protection 
of Word "Anzac" Regulations and the Customs (Prohibited Imports) Regulations 1956.  
Importation into Australia of goods the description of which includes or bears the word "Anzac", or 
advertising matter relating to those goods, is controlled by the Customs (Prohibited Import) 
Regulations 1956 and is prohibited except with the written permission of the Minister for Veterans’ 
Affairs (the Minister) or an authorised officer. 
 It is highly likely that a person making an application to import "Anzac" goods under the 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 (Prohibited Imports) Regulations 1956.  
The Anzac Regulations prevent the use of the word  "Anzac" without the written permission of the 
Minister for Veterans’ Affairs.  The purpose of Regulation 4A of the Customs (Pro hibited Import) Regulations is to prohibit the 
importation of all goods into Australia that include or bear the word "Anzac", unless: the person 
importing the goods is the holder of a written permit granted by the Minister for Veterans’ Affairs or an authorised officer; and the permit is produced at or before the time of importation.  The 
Minister or an authorised officer may specify condit ions or requirements to be complied with by the 
holder of the permission or permit to import ‘A nzac’ goods, and may, for any such condition or 
requirement, specify a time period before the perm ission expires.  The Minister or an authorised 
officer may revoke permission where the conditions of the permit are not met. 
 In certain circumstances, providing the goods obtain approval status, importers are able to obtain retrospective import approval after the goods have arrived in Australia.  However, if the "Anzac" 
goods in question do not receive ministerial approval they may be seized or retained by the 
ACBPS.  
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) Regu lations, in conjunction with the Protection of 
Word "Anzac" Regulations, seek to protect the inappropriate use and commercial exploitation of the word "Anzac" and to protect the significance of the word.  
5.  The controls on the importation of "Anzac" goods are statutory requirements and cannot be 
abolished without legislative approval.  
Procedures 
6.  Not applicable. 
 G/LIC/N/3/AUS/7 
 
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  7.(a) An application for the importation of "Anzac" goods into Australia should be made well in 
advance of the arrival of the goods.  Permit applications may take between six to twelve 
weeks to process because of the checks made on the individual or company applying to 
import the "Anzac" goods.  Checks are also undertaken on the nature of the goods and their 
intended use. 
 
The importation of "Anzac" goods is prohibited without written approval from the Minister for 
Veterans’ Affairs.  Goods that arrive into port without approval will be seized by the ACBPS. 
  In addition to the Customs (Prohibited Impo rt) Regulations 1956, the Protection of Word 
"Anzac" Regulations prohibit the use of the word "Anzac" or any word resembling the word 
"Anzac" in connection with any trade, business, calling, or profession without the Minister or 
an authorised officer’s written approval.  Persons applying to import "Anzac" goods 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 request as certain conditions must be fulfilled.  
Processing and assessing applications includes extensive checks and the preparation of a 
brief for the Minister’s consideration and decision.  
 (c) Applications can be made at any time of the year. 
 
(d) The Department of Veterans’ Affairs issues permits for the importation of "Anzac" goods in 
accordance with Regulation 4V of the Cust oms (Prohibited Import) Regulations 1956, and 
P e r m i s s i o n  t o  U s e  W o r d  " A n z a c "  i n  a c c o r d a n c e  w i t h  t h e  P r o t e c t i o n  o f  W o r d  " A n z a c "  
Regulations.  When considering permit applications, other authorities may be contacted by the Department to verify application details. 
 
8.  An application for a permit may be refused if: the Minister considers that approving the application would cause offence; use of the word "Anzac" on the imported goods is inappropriate; the application does not fall within the intent of the Regulations, e.g. the use of the word "Anzac" 
on an inappropriate product; the applicant is not considered fit and proper; or further permission is 
required, but has not been obtained.  A permit may be revoked if the applicant fails to comply with 
the conditions of the permit. 
 
An unsuccessful applicant is advised in writing of the Minister for Veterans’ Affairs’ decision and the reason for it.  There are no appeal provisions under the Regulations; however, the Minister will 
consider a request for reconsideration if the applicant is able to provide new information in support 
of their application. In addition, an appeal ma y be made on the decision-making process itself 
under the Administrative Decisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence 
9. (a) Any person, firm or institution is eligible to apply to the Minister for Veterans’ Affairs to 
import "Anzac" goods.  
 
(b) Not applicable.  
Documentational and other requirements for application for licence 
10.  An application can be submitted in the form of a letter or e-mail.  There is no specific format.  
Every application is considered on its individual merits and if additional information is required the applicant will be contacted. 
 
Applications should include, but are not restricted to:  
- name of the applicant/importer (person and organisation); 
- name and address of registered company/premises; - nature of the business and purpos e of the proposed "Anzac" goods; 
- a current copy of the company Australian Business Number (ABN) or Australian Company 
Number (ACN) registration; 
- product description, full colour copy of item and text; - letters of support from the ex-service community; G/LIC/N/3/AUS/7 
 
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  - proposed date of import; 
- the duration permit is required; and - where applicable, the name of the end user and the use of the end goods.  
11.  A copy of the signed permit is required at the time of importation. 
 12.  There is no licensing fee or administrative charge. 
 
13.  There is no deposit or advance payment requirement associated with the issue of licenses.  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. 
 
(b) Not applicable. 
 Other Procedural Requirements 
18.  No. 
 19.  Not applicable.   
3  ASBESTOS 
For the purposes of these regulations,  amphibole asbestos means asbestos in a form other than 
chrysotile.  
 
Asbestos means any of the following 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) Regulations 1956, the import of asbestos or goods 
containing asbestos is subject to prohibition. The regulations allow for the Minister administering 
the Work Health and Safety Act 2011  to grant permission to import asbestos. 
 Purposes and coverage of licensing 
2.  Under the Customs (Prohibited Imports) Regulations 1956, the import of asbestos, or goods 
containing asbestos, is prohibited unless:  G/LIC/N/3/AUS/7 
 
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  (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 amphibole 
asbestos; or  
(c) Permission has been granted by the Mi nister administering the Work Health and 
Safety  Act 2011, to import chrysotile asbestos for research, analysis or display, or to 
import amphibole asbestos; or  
(d) The asbestos or goods are imported from the Australian Antarctic 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 Defence 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 importation of goods from all countries. 
 
4.  The importation of all forms of asbestos is regulated as a community and workplace safety measure. The importation of asbestos is subject to  prohibition to reduce and prevent occupational 
and environmental exposures to asbestos fibres, and the possible adverse health outcomes 
attributed to these exposures. In addition to the prohibition of the 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 and goods containing asbestos is a statutory requirement under Regulation 4C of the Custom s (Prohibited 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 obtain ed in advance of arrival of the goods. 
 
(b) A request for permission to import asbestos can be made at any time by writing to the 
Minister for Employment. Upon consideration of the request, the Minister will reply to the applicant.  
 
(c)  Permission to import may be granted at any period of the year.  (d) Confirmation of Ministerial permission is to be available for presentation to the ACBPS 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 permission will be granted by the Minister for 
Employment. Requests to import amphibole asbestos  are assessed on a case by case basis on the 
merits of each case. 
 
There are no specific appeal provisions in re lation 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 Decisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence (exemption) 
9.(a)  Not applicable. 
 
(b) All persons, firms and institutions are eligible to apply for permission to import. Documentational and other requirements for application for licence (exemption) 
10.  For permission to import, applications mu st be made in writing to the Minister.  The 
application should include the following information: - importer's name and address; G/LIC/N/3/AUS/7 
 
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  - details of the goods to be imported including the reason or purpose for the importation, and 
where the goods are to be imported from; 
- details of the procedures to be used to package, label, transport and dispose of the goods; - an assurance the applicant will comply with relevant state/territory legislation relating to the 
use of asbestos. 
 11.  The written permission of the relevant Minist er or authorised person is to be available for 
presentation to the ACBPS at the time of importation.  
 12.  No.  
13.  No. 
 Conditions of licensing 
14.  Individual exemptions can be granted to impo rt an individual consignment, or an on-going 
exemption can be granted to import a number of co nsignments 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.  
4  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 Immigration and Border Protection, or an authorised person, has been obtained. 
 
Purposes and coverage of licensing 
2.  The goods covered are: 
 
- the pelt or hair of the species canisfamiliairis; 
- the pelt or hair of the species feliscatus; - goods consisting, in whole or part, of dog fur and hair or cat fur and hair 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 products is regulated in response to animal welfare concerns.  
5.  The control on the specified goods is a statutory requirement under Regulation 4W of the 
Customs (Prohibited Imports) Regulations 1956 made under the Customs Act 1901 .  The control 
cannot be abolished without legislative approval. 
 G/LIC/N/3/AUS/7 
 
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  Procedures 
6.  Not applicable. 
 7.(a) Application should be made in advance of arrival of the goods.  Import permission can be 
considered for goods which have inadvertently arrived in Australia. 
 (b) No. 
 
(c) No.  (d) Permissions are granted by the Minister for Immigration and Border Protection or an 
authorised person.  Importers may also need to approach the Australian Quarantine and 
Inspection Service for permission to import cat or dog fur or products thereof. 
 
8.  Apart from statutory or ordinary requirements there are no other criteria.  Reasons for refusal are 
given to applicants. Applicants refused permission to import may appeal on the merits of the decision to the Administrative Appeals Tribunal.  Alternatively, an appeal may be made on the 
decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977 .  
 Eligibility of importers to apply for licence 
9.  All persons, firms and institutions are eligible to apply. 
 
Documentational and other requirements for application for licence 
10.  Applications must be made in writing to the Minister for Immigration and Border Protection or 
an authorised person.  The application should include the following information: importers name 
and address; and details of the goods to be imported.  
11.  The original permission from the Minister for Immigration and Border Protection or authorised 
person is required to be produced upon importation.  12.  There is no licensing fee or administrative charge. 
 
13.  There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing 
14.  The Minister may specify a time period for the validity of the permission.  
 
15.  There is no penalty for the non-utilisation of a license or a portion of a license. 
 16.  Permits/licences are not transferable between importers.  
17.  Conditions may be imposed on the permit.  Quantitative limits, where appropriate, are specified 
as conditions.  
Other procedural requirements 
18.  No. 
 
19.  Not applicable. 
 5  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 the purposes of import into Australia.  Legislation G/LIC/N/3/AUS/7 
 
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  implementing CITES (as outlined in Paragraph 5) is enforced at the ports of entry by the ACBPS 
which acts on behalf of the Department of the Environment.  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 re gulate 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 from the animal prior to that species being 
listed under CITES; (ii) scientific research purposes; (iii) educational purposes; and 
(iv) exhibition purposes; 
- Live Appendix I-listed specimens may only be moved internationally for conservation 
breeding purposes, research and education purposes unless the specimen originated from a 
CITES registered commercial captive breeding program. 
 The system is not intended to restrict the quantity or value of imports. 
 
5.  Environment Protection and Biodiversity Conservation Act 1999  ( t h e  E P B C  A c t )  a n d  
Environment Protection and Biodiversity Conser vation Regulations 2000. It is not possible to 
change the system without legislative approval. The intention is to limit trade to non-commercial 
purposes and promote the conservation of cetaceans.  
Procedures 
6.  Not applicable. 
 7.(a) Applicants should ensure required permits are in place before shipping specimens.  
Retrospective permits cannot be issued, and permits will not be issued once a specimen has 
arrived in Australia.  There is no statutory limitation on the maximum period allowed in advance for an application for import to be made. 
 
(b) No.  
(c) No. 
 (d) Consideration of licence applications is handled by the Department of the Environment.  
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 would be the Department of Agriculture– Biosecurity [formerly known as the Australian Quarantine and 
Inspection Service (AQIS)], or a State Conservation Department. 
 8.  Apart from statutory or ordinary requirements there are no other criteria.  Reasons for refusal 
are given to applicants.  Applicants refused permission to import may appeal on the merits of the 
decision to the Administrative Appeals Tribunal.  Alternatively, an appeal may be made on the decision-making process  itself under the Administrative Decisions (Judicial Review) Act 1977 . 
 
9.(a) Not applicable. 
 (b) All persons, firms and institutions are eligible to apply for licences. 
 
Documentational and other requirements for application for licence 
10.  Applications for permission to import must be made in writing to the Minister for the 
Environment.  Application forms can be found at: 
http://www.environment.gov.au/biodivers ity/wildlife-trade/permits/fees.html   
 G/LIC/N/3/AUS/7 
 
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  11.  CITES documentation from the country of export is required. An Australian CITES import 
permit is also required unless the specimens are pre-CITES and non-live.  12.  Information regarding fees and charges relating to the application for CITES import permits, 
and live specimen permits, are available at the Department of the Environment website at: 
http://www.environment.gov.au/biodivers ity/wildlife-trade/permits/fees.html .  
 
13.  There is no deposit or advance payment requ irement associated with the issue of licenses, 
other than the permit application fee (if applicable) which is payable at time of application and is not refundable.  
Conditions of licensing 
14.  CITES permits may be issued wi th 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. 
 
Other procedural requirements 
18.  No. 
 
19.  Not applicable. 
 6  CHEESE, CERTAIN TYPES 
Outline of system 
1.  Australia administers a tariff quota on imports of certain types of cheese and curd.  Under the 
Cheese and Curd Quota Scheme the tariff quota applies to certain types of cheese and curd that can be imported at a concessional rate of duty ($0.096/kg) and is restricted to 11,500 tonnes per 
annum.  Imports can be made outside the 11,500 tonne quota allocated each year, but a higher 
rate of duty ($1.220/kg) applies.  
Purposes and coverage of licensing 
2.  No licensing system is maintained for out-of-quota cheese imports.  For in-quota cheese 
imports, individuals or companies which have historically imported dutiable cheese under quota are allocated a share of the tariff quota, allowing them to import a quantity of cheese at the 
concessional rate of duty.  Individuals or companies who do not have a share of the tariff quota 
may still import cheese at the out-of-quota tariff rate.  The products covered by the tariff quota are as follows: 
 
Number 
0406 Product Type 
Cheese and Curd Rate of Duty 
 
0406.10 Fresh (un-ripened or uncured) cheese, including whey 
cheese, and curd $A0.096/kg (a) 
$A1.220/kg (b) 
0406.20 Grated or powdered cheese, of all kinds $A0.096/kg (a) 
$A1.220/kg (b) 
0406.30 Processed cheese, not grated or powdered $A0.096/kg (a) 
$A1.220/kg (b) 
0406.40 Blue-veined cheese: 
- Roquefort, Stilton 
- Other  
Free (c) 
$A0.096/kg (a) $A1.220/kg (b) G/LIC/N/3/AUS/7 
 
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  Number 
0406 Product Type 
Cheese and Curd Rate of Duty 
 
0406.90 Other Cheese: 
 Cheese, of  the following types:  
 made wholly from goats’ milk, other than 
feta or kasseri 
 surface-ripened soft, having: 
 a fat content in the dry matter of 
not less than 50% by weight, and 
 a moisture content of not less than 
65% by weight of the non-fatty 
matter 
 Other  
 includes Cheddar, Colby, Edam, 
Gouda,  
 Havarti, Parmesan, Kasseri, 
Mozzarella, Provolone, Feta  
Free (c) 
  
 
  
 
 
 
 
$A0.096/kg (a) $A1.220/kg (b) 
 (a) Rate for cheese imported within the tariff quota. (b) Out of quota rate for cheese import ed in excess of tariff quota amount. 
(c) Not subject to the tariff quota.  Included in table only to indicate coverage of residual tariff 
item ("other"). 
 Note:  The rate for developing countries is as shown in the table above, less 5% of the customs 
value (fob price) of the product.  3.  The scheme applies to cheeses originating in and coming from all countries except the 
Association of Southeast Asian Nations (ASEAN ), Chile, Malaysia, New Zealand, Papua New 
Guinea, Republic of Korea, South Pacific Forum Is land Countries, Singapore, the 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 abolishe d without legislative approval. 
 Procedures 
6.I. The names of annual tariff quota holders and their quota allocation are made public through 
publication in the Commonwealth of Australia Gazette. 
 
II. The size of the tariff quota is 11,500 tonnes per annum.  The allocation of the tariff quota to 
individual importers occurs on an annual basis. 
 III. Tariff quota allocations to individuals or companies are based on historical trade 
performance in the importation of cheese under quota.  No tariff quota is allocated on the 
basis of domestic production of like product.  Unused portions/amounts of the tariff quota allocation are not added to the tariff quota for the following year. 
 
IV. Not applicable.  
V. Not applicable. 
 VI. Not applicable.  
VII. The ACBPS administer all aspects of the scheme. 
 VIII. Tariff quotas are allocated to importers on the basis of historical trade performance involving 
quota usage.  The allocations of the cheese and curd quota are made to importers in July 
each year based on the actual usage of quota to import cheese and curd in the 23 months ending 31 May of that same year.  New importers are able to acquire tariff quota allocation 
on transfer from an existing holder of tariff quota. G/LIC/N/3/AUS/7 
 
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  IX. Not applicable. 
 X. Not applicable.  
XI. No. 
 7.  Not applicable. 
 
8.  No circumstances exist for refusal to make an allocation beyond failure to meet the standard criteria.  
Allocations are made only in accordance with a Determination made in pursuance of Section 273B 
of the Customs Act 1901 , and published documentation such as relevant Australian Customs 
Notices.  Allocations of quota to new parties are enacted by transfer by use of an approved form. 
 
The fixed annual amount of quota available for distribution is allocated to existing quota holders according to each quota holders’ previous import history of use of quota in the 23 months ending 
31 May prior to the next financial year allocation.  The scheme does not provide for direct 
applications for quota and does not have a licensing system as such.  The ACBPS has no record of refu sals to make an allocation. 
 
All decisions of an administrative nature are appealable on a case-by-case basis under the Administrative Decisions (Judicial Review) Act . 
 
Eligibility of importers to apply for licence 
9.(a) Only those firms that have a history of trade performance in importing cheese under quota 
are allocated a share in the tariff quota.  The allocation of the tariff quota is made on the 
basis of historical trade performance.  Firms are free to transfer their tariff quota allocation. 
 (b) Not applicable. 
 
Documentational and other requirements for application for licence 
10.  Applications are not required.  Eligible impo rters are advised of their entitlement based on the 
ACBPS records of import entries lodged during the preceding base period. 
 11.  No quota specific document is required on importation.  Product is entered into Australia 
under quota by use of unique Tariff Quota Numbers and security codes on Customs import 
clearance documentation (electronic or manual).  12.  There is no licensing fee or administrative charge. 
 
13.  There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing 
14.  Twelve-month period with no extensions. 
 
15.  There are no official penalties for individuals or companies that do not utilise their allocation.  
However, since allocations are based on historical trading performance, future allocations may be reduced for individuals or companies that do not utilise their allocation.  
16.  Tariff quota allocations can be transferred between individuals and companies without 
limitation.  However, transfer transactions do not count as trade performance for the purpose of 
quota allocation. 
 
17.(a) No. 
 
(b) No. 
 G/LIC/N/3/AUS/7 
 
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  Other procedural requirements 
18.  No. 
 19.  Not applicable. 
 
7  CHEMICAL WEAPONS, CHEMICALS AND THEIR PRECURSORS 
Outline of system 
1.  The importation into Australia of prescrib ed goods containing a chemical compound, or a 
chemical compound belonging to a group of compounds, mentioned in Part 2 or 3 of Schedule 11 of the Customs (Prohibited Imports) Regulations 1956, from 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.  
 The importation of prescribed goods mentioned in Part 4 of Schedule 11 of the Customs 
(Prohibited Imports) Regulations 1956 from a Non-State Party, or of prescribed goods mentioned 
in Parts 2, 3 and 4 from a country that is a State Party to the Chemical Weapons Convention, is prohibited unless: 
 
- the Minister for Foreign Affairs or an authorised person has given permission in writing to 
import the goods.  The Minister has authorised the positions of Director General and Assistant Secretary of Australian Safeguards and Non-Proliferation Office (ASNO) to grant 
permits; and 
 - the permission is produced to the ACBPS. 
 
These prohibitions do not apply to chemicals listed in Part 3 (except Items 1, 2 or 3) or Part 4 of Schedule 11 where they are in concentrations of less than 10% by weight of the goods, and there 
are no other Part 2, 3 or 4 chemical compounds in the goods. Such goods may be imported from 
both State Parties and non-State Parties without requiring a permit.  Purposes and coverage of licensing 
2.  Chemical compounds as mentioned in Part 2 or 3 of Schedule 11 of the 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 au thorised person and produced to the ACBPS. 
 3.  The regulations apply to the importation of goods from all countries. 
 
4.  The Customs (Prohibited Imports) Regulations 1956 are not intended to restrict the quantity or value of imports. Australia is a Party to the Chemical Weapons Convention (CWC), and amongst 
other things, this treaty requires State Parties to declare trade in CWC-Scheduled chemicals, and 
to impose trade restrictions on transfers of the more toxic chemicals listed in Part 2 and 3 to non-
State Parties.  Since implementing the treaty in  1997, Australia has regulated the Part 2 chemicals 
through use of permits.  In 2000, the permit sy stem was extended to apply to Part 3 and 4 
chemicals in response to stricter CWC provisions relating to Part 3 transfers and because less 
formal means of controlling and tracki ng were assessed as inadequate.   
 
5.  The control on importation of the spec ified goods is a statutory requirement under 
Regulation 5J of the Customs (Prohibited Imports) 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 (Prohi bited Imports) Regulations 1956 that is less than 
10% by weight of the total and contain no other li sted chemicals.  The system cannot be abolished 
without legislative approval. 
 
Procedures 
6. Not applicable. G/LIC/N/3/AUS/7 
 
- 16 - 
 
  7.(a)  Application should be made in advance of  arrival of the goods.  There are two types of 
permit: permits for chemicals in Part 2 of Sc hedule 11 of the Customs (Prohibited Imports) 
Regulations 1956 (Schedule 1 of the CWC) and perm its for chemicals in Part 3 and Part 4 of 
Schedule 11 Customs (Prohibited Imports) Regulations 1956 (Schedules 2 and 3 of the 
CWC).  Chemicals from Part 2 require 37 days' notice for importation which cannot be varied 
due to concomitant international reporting requirements.  However, the 37-day advance notification requirement is waived for imports of saxitoxin in quantities of 5 mg or less for 
medical/diagnostic purposes provided that the g oods contain no other chemical listed in Part 
2 of Schedule 11 of the Customs (Prohibited Imports) Regulations 1956.  Permits for chemicals listed in Part 3 and Part 4 of Schedule 11 require 7 days' notice, which can be reduced if necessary. 
 
(b) Permits cannot be issued immediately for chemicals under Part 2 except in the saxitoxin case 
described in paragraph 7(a).  Part 3 and 4 chemical permits can be issued immediately where 
practical. 
 (c) Permits may be issued at any period of the year. 
 
(d) Permit applications are considered by a single administrative organ, namely ASNO.  Permits 
are issued by the Minister for Foreign Affairs or authorised persons (i.e. the Director General and Assistant Secretary of ASNO).   
 
Please note that ASNO then provides the ACBPS with the details of import permit holders for Part 3 and 4 chemicals, including the company name, all chemicals listed on their import permit, and the 
tariff classification code used by the Importer (if known). 
 8.  Application for permission to import can be re fused on the discretion of the Minister for Foreign 
Affairs.  There is no right of appeal on the me rits of the decision. However, an appeal may be 
made on the decision-making process itself under the Administrative Decisions (Judicial Review) 
Act 1977.  
 
Eligibility of importers to apply for licence 
9.(a)  Not applicable. 
 
(b)  All persons, firms and institutions are eligible to apply for permission to import, however the 
chemicals from Parts 2 and 3 can only be imported from a country which is a State Party to the Chemical Weapons Convention (as listed on the Internet at http://www.opcw.org/ ).  
Also, all of the prescribed chemical imports can only be used for purposes not prohibited by 
the CWC, as provided for under the Chemical Weapons (Prohibition) Act 1994 . 
 Documentational and other requirements for application for licence 
10. For permission to import, applications must be made in writing to the relevant Minister or 
authorised person.  
Permits for chemicals in Part 2 of Schedule 11 of the Customs (Prohibited Imports) Regulations 
1956 (Schedule 1 of the CWC) 
 
The permit is valid for a single shipment of the specified chemical. The following details must be 
included in the application:  - importer’s name, address, ABN and other contact details; 
- supplier’s name and address; 
- country of export (this can only be another State Party) – the goods must be shipped 
directly; transhipment through another country is not allowed; 
- names, CAS number, quantity and percentage by weight, and other descriptors of the 
chemical; 
- date of export from supplying country and expected import date; 
- end user’s name and address;  
- a description of security measures that will be taken to prevent unauthorised access to the 
chemical.  
 G/LIC/N/3/AUS/7 
 
- 17 - 
 
  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 is valid for multiple shipments of multiple chemicals over a specified time, usually one 
year. The following details must be included in the application: 
 - importer’s name, address and other contact details; 
- importer’s ABN or Customs Client ID; 
- names , CAS numbers and percentage by weight of the chemicals the Importer is proposing 
to import; 
- exporting country; 
- a description of security measures that will be taken to prevent unauthorised access to the 
chemical. 
 
11.  The written permission of the relevant Minister or ASNO (i.e. the import permit) is required by 
the ACBPS at the time of import.  Where Part 2 chemicals are imported, the importer must also 
notify ASNO of the actual arrival date within 30 days of shipment 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 consignment only  and are valid for three months.  A new 
application is required for each import.  
Permits for chemicals in Part 3 and 4 of Sche dule 11 of the Customs (Prohibited Imports) 
Regulations 1956 may be for multiple importations and are valid for up to 12 months. Permits may be reissued on an annual basis on request, provided all permit conditions are met, including reporting annually to ASNO on actual quantities of chemicals imported. Permits may also be varied 
at any time. 
 15.  No. 
 
16.  No.  
17.  A permission granted under Regulation 5J of the Customs (Prohibited Imports) Regulations 
1956 may specify conditions or requirements to be complied with by the holder of the permission.  Permit requirements for chemicals in Parts 3 and 4 of Schedule 11 include the annual reporting of 
chemical shipments covered by the permit for the previous calendar year.  If the holder of any 
permission fails to comply with a condition or requirement the Minister may revoke the permission. 
 Other procedural requirements 
18.  For Part 2 and 3 chemicals, the recipient fa cility 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 requirements  for operational permits as specified under the 
Act are not linked to the timing of imports. 
 19.  Not applicable.  
8  COUNTERFEIT CREDIT CARDS 
Outline of system 1.  The importation of counterfeit credit, debit or charge cards is prohibited under provisions of the 
Customs Act 1901  and the Customs (Prohibited Imports) Regulations 1956 , unless the permission 
of the Minister administering the Australian Federal Police Act 1979 – presently the Minister for 
Justice – has been obtained.   
 G/LIC/N/3/AUS/7 
 
- 18 - 
 
  Purposes and coverage of licensing 
2.  The goods covered are any non-genuine credit, debit and charge cards that are made to imitate 
and pass for genuine cards.    
The following are examples of credit, 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 1956  are intended to prohibit the importation of 
counterfeit credit, debit or charge cards.  
5.  The control on the specified goods is a statutory requirement under Regulation 4T of the Customs 
(Prohibited Imports) Regulations 1956  made under the Customs Act  1901.  The control cannot be 
abolished without legislative approval.   
Procedures 
6.  Not applicable. 
 
7. (a) Applications for permission to import should be made in advance of arrival of the goods. 
 (b) Applications for permission to import can be processed immediately, provided all information is 
available and the application is considered to be urgent. 
 (c) Permits may be issued at any period of the year.  
(d) Permits are granted by the Minister for Justice.   
 8.  Applications for permission to import can be refused at the discretion of the relevant Minister.  
Reasons for refusal are given to applicants.  Applicants refused permission to import may appeal on 
the decision-making 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 requirements for application for licence 
10.  Applications must be made in writing to the Minister.  The application should include the 
following information:  
- Importers name and address; 
- Details of the goods to be imported.  
11.  The original permission from the Minister or authorised person is required upon importation. 
 12.  There is no licensing fee.  
13.  There is no deposit or advance payment requirement associated with the issue of these licenses. 
 Conditions of licensing 
14.  The Minister may specify a time period for the validity of the permission.   
 15.  There is no penalty for the non-utilisation of a license or a portion of a license. G/LIC/N/3/AUS/7 
 
- 19 - 
 
  16.  Permits/licenses are not transferable between importers. 
 17.  Conditions may be imposed on the permission and quantities are specified.  
Other procedural requirements 
18.  No. 
 
19.  Not applicable. 
 9  DOG COLLARS – PROTRUSION 
Outline of system 
1.  The importation of protrusion dog collars is prohibited under provisions of the Customs Act 
1901 and the Customs (Prohibited Imports) Regulations 1956, unless the permission of the 
Minister for Immigration and Border Protection, or an authorised person, has been obtained. 
 
Purposes and coverage of licensing 
2.  The goods covered are: dog collars, incorporating apparatus designed to puncture or bruise an 
animal’s skin. 
 3.  The system applies to importations from all countries.  
4.  The 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 statutory requirement under Regulation 4 Schedule 2, Item 10 of the Customs (Prohibited Im ports) Regulations 1956 made under the Customs Act 1901 .  
The control cannot be abolished without legislative approval. 
 Procedures 
6.  Not applicable. 
 
7.(a) Application should be made in advance of arrival of the goods.  
(b) No. 
 (c) No. 
 
(d) Permissions are granted by the Minister for Immigration and Border Protection or an 
authorised person. 
 
8.  Apart from statutory or ordinary requirements there are no other 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 requirements for application for licence 
10. Applications must be made in writing to the Minister for Immigration and Border Protection 
or an authorised person.  The application should include the following information:  
- importer's name and address; G/LIC/N/3/AUS/7 
 
- 20 - 
 
  - details of the goods to be imported. 
 11.  The original permission from the Minister for Immigration and Border Protection or authorised person is required to be produced upon importation. 
 
12.  There is no permit fee.  
13.  Not applicable. 
 Conditions of licensing  
14.  The Minister for Immigration and Border Protection may specify a time period for the validity 
of the permission. 
 15.  There is no penalty for the non-utilisation of a license or a portion of a permission. 
 
16.  Licenses are not transferable between importers.  
17.  Conditions may be imposed on the permit.  Quantitative limits, where appropriate, are specified 
as conditions.  Other procedural requirements 
18.  No. 
 19.  Not applicable. 
 
10  FLAGS, ARMS AND SEALS 
Outline of system 
1.  The importation of goods with a representation  of the arms, seal or flag of the Commonwealth 
or a State or Territory or the Royal Arms is prohibited under provisions of the Customs Act 1901  
and the Customs (Prohibited Imports) Regulations 1956.  
For goods to which, or to the coverings of which,  there is applied a representation of the arms, a 
flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of the Commonwealth as to be likely to deceive, specified conditions must be complied with. 
The goods must not be imported unless the design has been approved in writing by the Secretary 
to the Department of the Prime Minister and Cabinet or an authorised person; and if the collector asks the importer to produce the approval, the importer produces it. 
 
For goods to which, or to the coverings of which,  there is applied a representation of the arms, a 
flag or a seal of a State or Territory of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of a State or Territory of the Commonwealth as to be likely 
to deceive; or a representation of the Royal Arms or a representation so nearly resembling the 
Royal Arms as to be likely to deceive, permission from the Minister for Immigration and Border Protection or an authorised person must be obtained. 
 
Purposes and coverage of licensing 
2.  The goods covered are: 
 
- goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of the Commonwealth as to be likely to deceive; and 
- goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of a State or Territory of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of a State or Territory of the Commonwealth as to be 
likely to deceive; and 
- goods to which, or to the coverings of which, there is applied a representation of the Royal 
Arms or a representation so nearly resembling the Royal Arms as to be likely to deceive.   G/LIC/N/3/AUS/7 
 
- 21 - 
 
  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 realistic, of good quality, preserve the dignity and integrity of 
national symbols and do not breach other legislation.   5.  The control on the specified goods is a statutory requirement under Regulation 4, Schedule 2 
(State and Territory flags, arms and seals; and the Royal Arms) and Schedule 3 (Commonwealth 
flags, arms and seals) of the Customs (Prohibited Imports) Regulations 1956 made under the Customs Act 1901.   
 
For goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of a State or Territory of the Commonwealth, the Minister for Immigration and Border 
Protection requires the prior approval of the relevant State/Territory Protocol section before an 
import permission will be issued.    For goods to which, or to the coverings of which,  there is applied a representation of the arms, a 
flag or a seal of the Commonwealth only the appr oval of the design by the Department of Prime 
Minister and Cabinet is required to import the goods. Importers must produce a copy of the approval to the Collection if requested. 
 
The control cannot be abolished without legislative approval.  
Procedures 
6.  Not applicable. 
 7. (a) Applications should be made in advance of the importation of the goods and it is 
recommended that the design be approved prior to the mass production of goods. 
 (b) Permissions cannot be granted immediately on request. 
 
(c) Permits may be issued throughout the year.  
(d) Designs must be approved by the Department of Prime Minister and Cabinet or the relevant 
State/Territory protocol section and for goods listed in Schedule 2, permission to import obtained from the Minister for Immigration and Border Protection, or an authorised person. 
 
8.  Apart from statutory or ordinary requirements, the only other criteria for refusal is if the design 
has not been approved by the relevant authority.  Reasons for refusal are given to applicants.  Applicants refused permission to import may appeal on the decision-making process under the 
Administrative Decisions (Judicial Review) Act 1977.    
 Eligibility of importers to apply for licence 
9.(a) Not applicable. 
 (b) All persons, firms and institutions are eligible to apply for permission to import.  
Documentational and other requirements for application for licence 
10. Applications for permission to import goods having a representation of the arms, a flag or a 
seal of the Commonwealth should include: 
 
- the importer's name and address; - a description of the goods; and 
- a copy of the  design;  
 G/LIC/N/3/AUS/7 
 
- 22 - 
 
  11.  Applications for permission to import good s having a representation of State and Territory 
flags, arms or seals should include:  - the importer's name and address; 
- a description of the goods; and 
- design approval from the Premier's or Chief Ministers department in the relevant state or 
territory. 
 
12.  In the case of goods bearing a representa tion of the arms, a flag or a seal of the 
Commonwealth if the collector asks the importer to produce the design approval issued by Secretary to the Department of the Prime Mini ster and Cabinet approval, the importer must 
produce it. 
 In the case of goods bearing a representation of the arms, a flag or a seal of a State or Territory of 
the Commonwealth or a representation of the Royal Arms the permission from the Minister for 
Immigration and Border Protection or authorised person is required to be produced upon importation. 
 
13.  There is no licensing fee or administrative charge.  14.  There is no deposit or advance payment requirement associated with the issue of licenses. 
 
Conditions of licensing 
15.  Import permissions are not subject to a validity period.  In the case of goods bearing a 
representation of the arms, a flag or a seal of the Commonwealth, the design approval provided by 
the Department of the Prime Minister and Cabinet covers multiple consignments for a period of 12 months. At the expiration of the 12 month period a new approval will need to be sought. 
 
16.  There is no penalty for the non-utilisation of a permission or a portion of a permission.  17.  Permits/licences are not transferable between importers. 
 
Other procedural requirements 
18.  No. 
 
19.  Not applicable.  
11  HAZARDOUS GOODS 
Outline of system 1. For health and safety reasons, the import ation 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.a u/Details/F2014C01263 
 
Purpose and Coverage of Licensing 
2. Goods covered under these Acts include: 
 
Goods listed under Schedule 2 in relation to Regulation 4 of the 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 G/LIC/N/3/AUS/7 
 
- 23 - 
 
  (b) 25 mg/kg of arsenic; or 
(c) 60 mg/kg of antimony; or (d) 75 mg/kg of cadmium; or (e) 500 mg/kg of selenium; or 
(f) 60 mg/kg of mercury; or 
(g) 60 mg/kg of chromium; or (h) 1000 mg/kg of barium. 
 
- Money boxes coated with a material that contains more than 90 mg/kg of lead.  - Toys coated with a material the non-volatile 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. 
 - Pencils or paint brushes coated with a material the non-volatile content of which contains 
more than: 
(a) 90 mg/kg of lead; or (b) 25 mg/kg of arsenic; or 
(c) 60 mg/kg of antimony; or 
(d) 75 mg/kg of cadmium; or (e) 500 mg/kg of selenium; or 
(f) 60 mg/kg of mercury; or 
(g) 60 mg/kg of chromium; or (h) 1000 mg/kg of barium. 
 
Goods listed under Schedule 7 in relation to Regu lation 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 Customs (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 rele ased quickly in the event of a mishap in the 
water. 
- Gas masks that contain asbestos. 
- Candles with wicks that contain greater than 0.06% lead by weight and candle wicks 
containing greater than 0.06% lead by weight. 
- Jelly confectionery product containing ‘konjac’ (also known as glucomannan, conjac, 
konnyaku, konjonac, taro powder and yam flour) and supplied in a container that has a 
height or width of less than or equal to 45mm. G/LIC/N/3/AUS/7 
 
- 24 - 
 
  3.  The regulations apply to the importation of goods from all countries. 
 4.  The Customs (Prohibited Imports) Regulations 1956  are not intended to restrict the quantity or 
value of imports. The importation of these goods is regulated due to safety concerns for people 
and animals if the goods are used inappropriately. 
 5.  The control on importation of the specified goods is a statutory requirement under the 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 re sponsible Minister or an authorised person. 
 (c) There are no such limitations.  
(d) Permission to import is granted by the re sponsible Minister or an authorised person. 
 Importers may be required to provide written confirmation from an analytical laboratory 
recognised by the National Association of Testing Authorities Australia (NATA), or a NATA 
accredited authority, that their goods comply  with the requirements of the regulations. 
 
8.  Apart from statutory or ordinary requirements there are no other criteria.  Reasons for refusal are 
given to applicants.  In certain circumstances applicants refused permission to import may appeal on the merits of the decision to the Administrative Ap peals Tribunal.  Alternatively, an appeal may be 
made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 
1977. 
 Eligibility of importers to apply for licence 
9.(a) Not applicable. 
 (b) All persons, firms and institutions are eligible to apply.  
 
Documentational and other requirements for application for licence 
10.  Applications for permission to import must be  made to the responsible Minister or authorised 
person.  The application must include the following information: 
 
- Importer's name and address; - Details of the goods to be imported, including quantity to be imported and intended use and 
distribution. 
 11.  The original permission from the responsible Mi nister or authorised 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 statutory declaration to the responsible 
customs administration.  
12.  There is no licensing fee or administrative charge. 
 13.  There is no deposit or advance payment requirement associated with the issue of licenses. 
 G/LIC/N/3/AUS/7 
 
- 25 - 
 
  Conditions of licensing 
14.  The responsible Minister or authorised person may specify a time period for the validity of the 
permission.  
15.  There is no penalty for the non-utilisation of a license or a portion of a license. 
 16.  Permits/licences are not transferable between importers. 
 
17.(a) Not applicable. 
 (b) Permission to import goods specified under Regulations 4, 4E, 4S and 4U of the Customs 
(Prohibited Imports) Regulations 1956 may be subject to conditions regarding custody, use, 
disposal or distribution of the imported goods. 
 
Other procedural requirements 
18.  No. 
 
19.  Not applicable. 
 12  HAZARDOUS WASTE 
Outline of system 
1.  The import, export and transit of hazardous waste is regulated under the Hazardous Waste 
(Regulation of Exports and Imports) Act 1989  (the Act) and associated regulations, to ensure that 
hazardous waste is managed in an environmentally sound manner to protect human beings and 
the environment, within and outside Australia.   
 The regulatory framework implements Australia's obligations under the Basel Convention for the 
Control of Trans-boundary Movements of Hazardous Waste and their Disposal  (Basel Convention), 
as well as the following related agreements and arrangements concerning the transboundary movement of hazardous and other waste:  
- the Organisation for Economic Co-operation  and Development (OECD) Council Decision 
C(2001) 107 FINAL, as amended by C(2004)20; 
- the Waigani Convention (Convention to Ban the Importation into Forum Island Countries of 
Hazardous and Radioactive Wastes and to Control the Transboundary Movement and 
Management of Hazardous Wastes within the South Pacific Region); and  
- a bilateral arrangement between Australia and the United Nations Transitional 
Administration in East Timor 
 Purposes and coverage of licensing 
2.  The Act and regulations establish a permit control system for the export from, import into, or 
transit through, Australia of hazardous and other wastes, which are determined by category and 
characteristics listed in the schedules of the Basel Convention, Waigani Convention, and OECD Council Decision.  
 
3.  The permit system applies to all transboundary movements of hazardous and other wastes between countries that are a party to the Basel Convention or the Waigani Convention, or member 
countries of the OECD. 
 4.  The Act and regulations are not intended to restrict the quantity or value of imports.  
The permit system ensures that Australia's international obligations concerning the transboundary 
movement, for environmentally sound and safe management of hazardous and other waste, are upheld.   
 G/LIC/N/3/AUS/7 
 
- 26 - 
 
  To that effect, the Basel Convention provides that trans boundary movements of hazardous and 
other wastes is to be reduced to the minimum consistent with the environmentally sound and efficient management of such wastes.  
Complementary to this, the OECD Council Decision controls the transboundary movements of 
hazardous and other wastes destined for recovery operations within the OECD area in view of member countries having established infrastructure. 
 
5.  The law under which the permitting system is maintained is the Hazardous Waste (Regulation 
of Exports and Imports) Act 1989 and associated regulations.  Permitting is a statutory 
requirement for the import, export and transit of any hazardous waste listed in schedules to the 
Basel Convention, Waigani Convention, or the OECD Council Decision.  It is not possible to abolish 
the system without legislative approval.    
Procedures 
6.  Not applicable. 
 
7.(a) The Act and regulations require that a pe rmit be obtained before hazardous waste is 
exported from, imported into, or transited through, Australia.  All applications are assessed according to the relevant sections of the Act or regulations, and on a case by case basis. 
 
(b) No.  Permits are issued only after authoris ation by the Minister for the Environment (the 
Minister) or their delegate, with a requirement for determination of the justification for import and the fitness of the processing organisation to treat the material in an 
environmentally sound manner. 
 (c) No. 
 
(d) Consideration of a permit application is undertaken by the Department of the Environment.  
Importers may, however, have to approach other government (Commonwealth, State and Territory) agencies for approval to import due to  conditions that apply to the type of item.  
Examples of such agencies would be the Australian Quarantine and Inspection Service 
(AQIS), Therapeutic Goods Administration or the appropriate State or Territory environment agency. 
 
8.  A permit application may be refused on various grounds under the Act and regulations, for example if the Minister considers that it would not be in the public interest to grant the permit.  
 
There are also requirements on all countries through which the proposed movement of hazardous waste is to be transported, to control the trans boundary movement of hazardous waste.  Refusal to accept the movement by any such country will result in the country of export being refused a 
permit.   
 A statement of   reasons for the Minister or their delegate’s refusal of a permit is given to 
applicants.  Applicants refused permission to exports may appeal to the Administrative Appeals 
T r i b u n a l  o n  t h e  m e r i t s  o f  t h e  d e c i s i o n .   A l t e r n a t i v e l y ,  a n  a p p e a l  m a y  b e  m a d e  o n  t h 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) Any person, firm or institution may apply for a licence. 
 Documentational and other requirements for application for licence 
10.  As with all applications, the decision of the Minister or their delegate will be based on 
information provided as required under the Act or relevant regulations.   
Amongst other things, the Minister will consider whether the proposed manner for dealing with the 
hazardous waste is environmentally sound, the applicant is a suitable person to be granted a permit and has appropriate insurance. G/LIC/N/3/AUS/7 
 
- 27 - 
 
  In general information required in the permit application includes: 
 - the identity and suitability of the applicant, including applicant's name and address and 
financial situation; 
- a description of the material to be imported; 
- the method of transportation, ports of entry for importation; and - the method of disposal of the waste. 
 
More details of what the Minister will give consideration to as part of an application process can be found at:  http://www.comlaw.gov.au/Details/C2011C00203 .   
 
Additional documentation required with the application includes verification that the disposal is 
environmentally sound and safe, the capability of the processors to treat the material, and proof that appropriate insurances and contracts have been obtained/arranged. 
 
11.  The import permit and a completed Movement/Tracking Form are required.  
12.  There are fees associated with the permit application process as specified in the Hazardous 
Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 .  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. 
 13.  There is no requirement for an advance payment, as the relevant fee must be paid at the time 
of making a permit application.  Full payment of  the fee is required (unless the Minister has 
determined in writing that the prescribed fee payable in relation to a specified application or a specified notice is reduced by a specified amount) - The fee is not refundable. 
 
Conditions of licensing 
14.  Under the Basel Convention, the import permit is valid for a period of up to twelve months 
and covers the amount and number of shipments of the hazardous waste as noted in the 
application.  The OECD Council Decision allows the period for permits up to 36 months for 
pre-authorised facilities.  
15.  There is no penalty for the non-utilisation of  an import permit or a portion of that permit. 
 16.  Permits/licences are not transferable between importers. 
 
17.(a) Not applicable. 
 (b) All applications must identify the maximum amount of the hazardous wastes that is intended 
to be covered by the permit. The maximum amount that is then specified in that permit 
cannot be exceeded. In addition, the applicant is provided with conditions that form part of the permit that usually relate specifically to the transport, treatment and/or disposal of the 
hazardous waste. 
 Other procedural requirements 
18.  In some cases the approval/certification of other agencies is required prior to the issue of a 
permit.  The permit applicant is responsible to ensuring they have obtained all relevant approvals and licenses.  
19.  Not applicable. 
 13  ICE PIPES 
Outline of Systems 
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 
Immigration and Border Protection, or an authorised person, has been obtained. G/LIC/N/3/AUS/7 
 
- 28 - 
 
  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 been introduced as a result of the Australian Government’s 
commitment to reduce the abuse of illicit drugs. Amphetamine Type Stimulants (ATS) have been identified by the Australian Crime 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 dangerous, due to high drug purity 
levels, which can result in serious physical and emotional harm.  
5.  The control on the specified goods is a statutory requirement under Regulation 4I of the 
Customs (Prohibited Imports) Regulations 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 importation of a product or on imports from a particular 
country:  
(a) Application should be made in advance of arrival of the goods. 
 (b) Applications for permission to import can be  processed immediately provided all information 
is available and the application is considered to be urgent. 
 (c) Permits may be issued at any period of the year.  
8.  Application for permission to import can be refused at the discretion of the relevant Minister or 
authorised person.  Reasons for refusal are given to  applicants.  Applicants refused permission to 
import may appeal on the decision-making process under the Administrative Decisions (Judicial 
Review) Act 1977 .   
 Eligibility of Importers to Apply for Licence 
9.  All persons, firms and institutions are eligible to apply. However, permission will not be granted 
for personal use.  Documentational and Other Requirements for Application for Licence 
10.  Applications must be made in writing to the Minister for Immigration and Border Protection or 
an authorised person.  The application should include supporting documentation to possess the goods and/or any relevant end user evidential documentation.  
 
11.  The original permission from the Minister or authorised person is required upon importation.  
12.  There is no permit fee. G/LIC/N/3/AUS/7 
 
- 29 - 
 
  13.  There is no deposit or advance payment requirement associated with the issue of permission. 
 Conditions of Licensing 
14.  The Minister may specify a time period for the validity of the permission. 
 
15.  There is no penalty for the non-utilisation of a permission or a portion of a permission.  
16.  Permits/licenses are not transferable between importers. 
 17.  Conditions may be imposed on the permission and quantities are specified.  
Other Procedural Requirements 
18.  No. 
 
19.  Not applicable. 
 14  IMPORTS TO ANTARCTICA 
Outline of system 
1.  Under the Antarctic Treaty (Environment Protection) Act 1980  as amended, and in line with the 
requirements of the Protocol on Environmental Protection to the Antarctic Treaty  (the Madrid 
Protocol), persons are not permitted to import certain items into Antarctica.  This legislation 
applies to Australian nationals for all areas south of 60° south and for foreign nationals to the 
Australian Antarctic Territory only.  
Purposes and coverage of licensing 
2.  The import licensing system is implemented via the Antarctic Treaty (Environment Protection) 
Act 1980 . It provides:  
 
- that a person shall not bring into the Antarctic an 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 may be, was brought into the Antarctic to be 
used as food.  None of these items may be brought into Antarctica for research purposes 
unless authorised by a permit (s19(1)(c)); 
 
- that a person shall not bring into, or keep in, the Antarctic non-sterile soil, or 
polychlorinated biphenyls, or polystyrene bead s 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 plac e to implement the Madrid Protocol. The objective 
of the Madrid Protocol is the comprehensive pr otection 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. 
 G/LIC/N/3/AUS/7 
 
- 30 - 
 
  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 request. The permit-holder must obtain a 
permit prior to their arrival in Antarctica. Permits cannot be issued retrospectively. 
 
(c)  Permit applications may be lodged at any time of the year. 
 (d) Permit applications are assessed by one organisation – i.e. the Australian Antarctic Division 
(AAD) of the Commonwealth Department of th e Environment. Corresponding permits are 
also prepared by the AAD. Accordingly, proponents need only approach one organisation. 
 8.  An application for a permit will only be refused if it does not meet the ordinary criteria.  
Particulars of refusals to grant permits are provided to the applicant and those particulars are 
accompanied by a statement to the effect that, subject to the Administrative Appeals Tribunal 
Act 1975 , application may be made to the Administrative Appeals Tribunal for the review of the 
merits of a decision to refuse to grant a permit by or on behalf of the person or persons whose 
interests are affected by the decision.  Alternatively, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence 
9.(a) Not applicable. 
 
(b) All Australian proponents of Antarctic activities are eligible to apply for a permit.  No fee is 
charged. 
 
Documentational and other requirements for application for licence 
10.  The project proponent (in the case of resear ch projects, the Chief Investigator) completes an 
application form for a permit.  The application should include the following information:  
 
- name and address of applicant;  
- research location and research methodology;  - any non-indigenous species being introduced to Antarctica;  
- intended access to specially protected areas; sample specimens to be extracted;  
- members of research team or field project; and  - organisation affiliated to research project.   
 
Permits are applied for online. The process is described at: http://www.antarctica.gov.au/environment/envi ronmental-impact-assessment-approvals-and-
permits/permits/antarctic-treaty-environment-protection-act-1980  
 
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.  G/LIC/N/3/AUS/7 
 
- 31 - 
 
  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.  15  IMPORTS TO TERRITORY OF HEARD ISLAND AND MCDONALD ISLANDS 
Outline of system 
1.  The Territory of Heard and McDonald Islands is an external territory of Australia. The purpose 
of the Territory of Heard Island and McDonald Islands Environment Protection and Management 
Ordinance 1987  is the preservation and management of  the Territory for the  protection of its 
environment and  wildlife.    
Purposes and coverage of licensing 
2.  The Territory of Heard Island and McDonald Islands Environment 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 countries (and from other parts of Australia). 
 4.  The Territory of Heard Island and McDonald Islands Environment Protection and Management 
Ordinance 1987  is not intended to restrict the quantity or value of imports. 
 5.  The Territory of Heard Island and McDonald Islands Environment Protection and Management 
Ordinance 1987  may not be repealed without legislative approval. 
 
Procedures 
6.  Not applicable. 
 
7.(a) Proponents are encouraged to submit permit applications as far in advance of their intended 
activity as practicable. Proponents should allow six weeks for the assessment of a permit 
application.  
 (b) Permits cannot be granted immediately upon request. The permit-holder must obtain a 
permit prior to their arrival in the Territory. Permits 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 the Environment. Corresponding permits are also prepared by the AAD. Accordingly, proponents need only 
approach one organisation.  
 8.  An application for a permit will be refused if it is inconsistent with the requirements of the Heard Island and McDonald Islands Marine Reserve Management Plan (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 published in the Commonwealth Government Gazette and those particulars are accompanied by a statement to the effect that, subject to the 
Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals 
Tribunal for the review of the merits of a decision to refuse to grant a permit by or on behalf of the person or persons whose interests are affected by the decision.  Alternatively, an appeal may be G/LIC/N/3/AUS/7 
 
- 32 - 
 
  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 requirements for application for licence 
10. The application should include the following information: 
 
- name and address of applicant; 
- details of research location; - any non-indigenous species being introduced to the Territory; 
- use of radioisotopes; 
- details of sample specimens to be extracted; - members of research team or field project; and 
- organisation affiliated to research project. 
 11.  Permit requirements and the application process are described at: http://heardisland.antarctica.gov.au/protection-and-management/management-plan/permits .  
Visitor self-regulation is an important component of the Territory’s environmental management 
regime.   
12.  No fees or administration charges are curre ntly imposed. s15(4) does, however, provide for 
the imposition of a permit i ssue fee not exceeding A$50.  
 
13.  There is no deposit or advance payment requirement associated with the issue of licenses. 
 Conditions of licensing 
14.  A permit’s period of validity is dependent on the length of time that the applicant is scheduled 
to stay in the Territory.  A proponent may appl y 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.  
16  INCANDESCENT (FILAMENT) LAMPS 
Outline of system 1. The import licensing is part of an overall policy to phase-out inefficient incandescent lighting 
as part of Australia’s efforts to reduce ener gy consumption and greenhouse gas emissions. The 
prohibition was brought into effect in advance of point of sale restrictions for these products.  Note 
that as no incandescent lighting of this type is manufactured in Australia this is an effective means of implementing the phase-out.  The Licensin g system is administered by the Engagement, 
Lighting and International Team, Department of Industry (energyrating@industry.gov.au,  Ph. 61 2 
6243 7000). G/LIC/N/3/AUS/7 
 
- 33 - 
 
  Purposes and coverage of licensing 
2. The Customs (Prohibited Imports) Regulations 1956 , Regulation 4VA relates to the 
prohibition of certain incandescent lamps without written permission from the Minister responsible for the Department of Industry or authorised person. 
 
The licensing scheme covers inefficient GLS electric filament lamps as set out in Australian Standard 4934.2(Int):2008- Incandescent Lamps for General Lighting Services, Part 2: Minimum 
Energy Performance Standards (MEPS) Requirements. 
 Incandescent General Lighting Service Lamps (GLS) have the following attributes:  
(a)  Shapes: A50-A65, PS50-PS65, M50-M65, T50-T65 (as generally outlined in IEC 60630) or 
E50-E65. 
(b)  Caps: E14, E26, E27, B15 or B22d. 
(c)  Nominal voltage ≥220 V. 
(d)  Nominal wattage <150 W. (e)  Not including primary coloured lamps.  
 
Under the Combined Australian Customs Tariff Nomenclature and Statistical Classification (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 encompass the range of products for which import 
permissions have been issued to date. Once this is available it is intended that a final standard be 
referred to in the Customs (Prohibited Imports) Regulations 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 limite d 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.customs.gov.au/webdata/resources /files/ACN_2009_04_Light globes_september_2014
.pdf. This system was put into place by virtue of regulations published on the Australian 
Government’s Federal Register of Legislative Instruments website on 18 December 2008.  The 
system took effect on 1 February 2009.  
Procedures 
6.  Not applicable. 
 
7.  What are the time periods involved in processing? Processing normally takes two to three 
weeks.  
8.  No applications have been refused to da te however an application for import that:  
 - did not provide evidence of an essential need for a prohibited lamp; and / or - concerned the import of lamps for which an effective and efficient alternative was available. 
 
may be refused.  
Should a permit to import be refused then the impo rter could appeal on the merits of the decision 
to the Federal Administrative Appeals Tribunal.  Alternatively, an appeal may be made on the 
decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977. 
 
Eligibility of Importers to Apply for Licence 
9.  All persons are eligible to apply for licenses. G/LIC/N/3/AUS/7 
 
- 34 - 
 
  10.  Not applicable. 
 1 1 .   A p p l i c a n t s  m a y  c o n t a c t  t h e  D e p a r t m e n t  o f  I n d u s t r y  i n  r e l a t i o n  t o  a  p r o p o s e d  i m p o r t .   Applicants are asked to provide information regard ing the products proposed to be imported, the 
intended use of the products and why this use cann ot be satisfied by using other available lighting 
products.  Applicants are also required to provid e 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 are 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 instructed that product packaging must include the 
specification “Not for Domestic Use”.  A licence number is provided for reference in Customs 
procedures.  
19.  There are no licence fees. 
 17  INDUSTRIAL CHEMICALS 
Outline of Systems 
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. 
 The Australian Inventory of Chemical Substances (A ICS) lists the chemicals that are available for 
use in Australia.  Some chemicals may 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 import and/or manufacture relevant industrial chemicals 
for commercial purposes are required to register with NICNAS. 
 NICNAS is responsible for implementing the obligations of the Rotterdam Convention domestically 
for industrial chemicals.  Australia’s import decision for industrial chemicals listed in Annex III of 
the Convention reflects the current regulatory status of that chemical in Australia.  More information can be obtained from: http://www.nicnas.gov.au/regula tion-and-compliance/nicnas-
handbook/handbook-main-content/international-obligations/rotterdam-convention . 
 
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 Immigration and Border 
Protection is granted and presented to the ACBPS at  the time of importation.  The permission must 
be issued in the name of the owner.  It may include strict conditions as to the application, disposal G/LIC/N/3/AUS/7 
 
- 35 - 
 
  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 process for new chemicals is to ensure that no 
new chemicals are introduced into Australia unless they have been assessed for risks to public health, occupational health and safety and the environment. 
 
The 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 polychlorinated polyphenyls are used in electrical appliances (such as transformers 
and capacitors), as coolants (often  in light fittings), hydraulic fluids, plasticisers and dye carriers. 
 
3.  The systems and regulations apply to the importation of goods from all countries. 
 Systems for chemicals covered by the Rotterdam Convention apply to goods originating in and coming from countries that are parties to that Convention. NICNAS also provides a regulatory 
framework for chemicals imported from countries which are not a Party to the Convention; for 
example: Tetraethyl Lead.  
4.  The notification and assessment process is to ensure that no new chemicals are introduced into 
Australia unless they have been assessed for risks to public health, occupational health and safety and the environment.  It is not intended to 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 Convention.  The monetary value is not a criterion for control.  
The importation of PCBs, PCTs and polychlorina ted polyphenyls is regulated as a community 
protection measure.  These chemicals are considered to be highly toxic and virtually indestructible and a considerable danger to the environment.  The Australian and New Zealand 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 and 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 industrial chemicals may be imported.  The registration 
process required for individuals and companies intending to import relevant industrial chemicals may take up to 30 days.  Subject to section 80N of the Industrial Chemicals 
(Notification and Assessment) Act 1989 , the Director (of NICNAS)  must deal with an 
application for registration, or renewal of registration, as follows: (a) if the application is in relation to the registration year in which the application is made or a previous registration 
year—as soon as practicable but, in any case, within 30 days after receipt of the application; 
and (b) if the application is in relation to the next registration year—as soon as practicable but, in 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. G/LIC/N/3/AUS/7 
 
- 36 - 
 
   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 biphen yls (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 biphen yls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls permits cannot  be issued immediately as they are only 
issued on the advice of the Department of Sustainability, Water, Population and Communities and the National Industrial Chemicals Notification and Assessment Scheme (NICNAS). 
 
 For the remaining chemicals listed on the Rotterdam Convention importers are advised to 
allow at least ten business days. 
 
(c)  Permits may be issued throughout the year.  
(d) For the importation of polychlorinated biphen yls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls a permit is issu ed by the Minister for Immigration and Border 
Protection on the advice of the Department of Sustainability, Water, Population and Communities and NICNAS.  Permissions to import PCBs are normally granted by NICNAS for 
research purposes.  However PCB waste may also be imported under the Hazardous Waste 
(Regulations of Exports and Imports) Act 1989, pr ovided all the requirements 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 Immigration and Bord er Protection.  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 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.  
Documentational and Other Requirements for Application for Licence 
10.  Applications for permits to import polychlorinated biphenyls (PCBs), polychlorinated triphenyls 
(PCTs) and polychlorinated polyphenyls must be made in writing to the Minister for Immigration 
and Border Protection.  The application should include the importer's name and address and details 
of the goods to be imported;  
NICNAS Registration forms for companies and individuals that import or manufacture relevant 
industrial chemicals can be found at http://www.nicnas.gov.au/regulation-and-
compliance/registration/nicnas-registration-brochure . 
 
11.  For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) and 
polychlorinated polyphenyls the written permission of the relevant Minister is required to be produced on import. For the remaining chemicals listed in the Rotterdam Convention, authorisation 
from NICNAS is required to be in forc e 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://www.nicnas.gov.au/regulation-and-
compliance/fees-and-charges .  G/LIC/N/3/AUS/7 
 
- 37 - 
 
  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 requirement associated with the issue of licenses. 
 
Conditions of Licensing 
14.  Permits (granted by the Minister for Immigration and Border Protection) apply to one 
consignment only.  NICNAS Registration is valid for one year commencing on 1 September and 
finishing on 31 August.  15. There is no penalty for the non-utilisation of a license or a portion of a license. 
 
16.  Permits/licences are not transferable between importers. Except as set out in subsections (2), 
(3) and (4) of the Industrial Chemicals (Notification and Assessment) Act 1989 , the registration of 
a person is not transferable. (2) If a registered person dies, the legal personal representative of 
the person’s estate becomes the registered person fo r the purposes of this Act. (3) If a registered 
person becomes bankrupt, the trustee of the es tate of the 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 becomes the registered person for 
the purposes of this Act.    
 
17.  All authorisations to import the chemicals listed in the Rotterdam Convention can be subject 
to conditions including the quantity. Permission  granted under Regulation 4AB of the Customs 
(Prohibited Imports) Regulations 1956 may specify conditions or requirements to be complied with 
by the holder of the permission. 
 Other Procedural Requirements 
18.  No. 
 19.  Not applicable.  
18  MOTOR VEHICLES 
Outline of system 1.  Importation into Australia of new and used road motor vehicles is controlled under the Motor 
Vehicle Standards Act 1989  (MVSA) and the Motor Vehicle Standards Regulations 1989 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 Act), the Motor Vehicle Standards Regulations 1989 
(The Regulations), Determinations and Australian Design Rules (ADR), apply to the importation of 
all new and used road vehicles from all countries.  
4.  Importation of new and used vehicles that do not meet relevant ADRs is restricted and subject 
to controls to ensure that Australian safety and environmental standards are not compromised.  
The Department of Infrastructure and Regional Development administers the Act and applies 
national standards for road vehicles.  In practical terms, these standards deliver levels of vehicle safety and environmental performance that are generally expected by the Australian community.  The standards are recognised as contributing towards safer roads and cleaner air. 
 
Under the Act and the Regulations, several concessional arrangements also exist to allow the limited importation of used vehicles that may not meet all of the Australian Design Rules (ADRs).  
These options are outlined on the Department of Infrastructure and Regional Development’s 
website, at: https://www.infrastructure.g ov.au/vehicles/imports/ . 
 G/LIC/N/3/AUS/7 
 
- 38 - 
 
  In addition to these concessional options, the Re gistered Automotive Workshop Scheme (RAWS) is 
the primary mechanism for the import of used vehicles that are specialist and enthusiast in nature.  A general introduction to the scheme is available from the Department of Infrastructure and Regional Development’s website at http://raws.dotars.gov.au/index.htm . 
 
5.  Legislative requirements are set out in  the Act and the Regulations and associated 
Determinations.  Controls on the import of vehicles are statutory requirements and cannot be 
abolished without legislative approval. 
 Procedures 
6.I. As identified above, information about the requirements and procedures for applying for a 
vehicle import approval is published on the Department’s website: 
https://www.infrastructure .gov.au/vehicles/imports / or can be supplied to applicants upon 
request to the Department of Infrastructure an d Regional Development.  Attention is also 
drawn to the requirements for approvals through other government agencies, such as the 
Australian Customs and Border Protection Serv ice (ACBPS).  Information is also readily 
available from shipping and customs agents and Australian diplomatic posts around the 
world. 
 II. Restrictions are applied to individuals importing used road vehicles in commercial quantities 
through the Registered Automotive Workshop Scheme (RAWS).  There is no limit on the 
number of individuals that may be licensed; the only restriction is on the individual importer.  
The current licence period for a Registered Automotive Workshop (RAW) is two years. 
 
 Returning Australian citizens and migrants arriving in Australia to remain permanently may 
import their vehicle if they comply with the requirements set out in regulation 13 of the Motor Vehicle Standards Regulations 1989.  There is a restriction of one vehicle every five 
years to eligible persons.  There are no restrictions on the importation of vehicles that 
comply with Australian Design Rules (i.e. that are "standard" vehicles). 
 III. Import approvals are not dependent on whether an applicant is a domestic producer of like 
goods.  Approvals are issued on the basis of prescribed circumstances set out in the 
Regulations.  There is no follow-up action taken if a vehicle is not imported following the issue of an import approval. 
 
The names of individuals who have been issued with import approvals are not made available to governments and export promotion bo dies of exporting countries upon request.  
This information is subject to Australian information privacy legislation and can only be 
released if information privacy requirements are met. 
 IV. Not applicable. 
 
V. Applications are usually assessed within 20 business days.  However, this processing time 
will be longer if the submitted application is incomplete or all relevant supporting 
documentation is not provided. 
 VI. Not applicable. 
 
VII. Under the requirements set out in regulation  13 of the Regulations, imports of previously 
owned vehicles are restricted to Australian citizens or permanent migrants.  The latter category is required to have a valid visa provided by the Department of Immigration and 
Border Protection.  Importers must satisfy Australian Customs requirements to have the 
vehicle released. 
 
VIII. For used vehicles imported in commercial quantities, each applicant on satisfying the 
legislative provisions, may import not more than 130 eligible vehicles per vehicle category (e.g. passenger car, off road vehicle, light co mmercial vehicle etc.) per year.  New importers 
are required to satisfy the provisions of the Act and the Regulations before a licence is 
issued.  Applications are examined on receipt. 
 IX. Not applicable. 
 G/LIC/N/3/AUS/7 
 
- 39 - 
 
  X. Not applicable. 
 XI. The Act includes provisions to allow the importation of vehicles imported for export that do 
not meet Australian Design Rules.  These vehicles may not be used in transport or on public 
roads, nor are they allowed to be sold in the domestic market and must be exported. 
 7.(a) Applications are usually assessed within 20 business days.  However, the actual processing 
time will depend on the completeness of th e application, the type of approval being 
processed and the complexity of the informatio n provided in support of an application. 
 (b) Requests for immediate granting of approvals may be submitted for consideration, providing 
all statutory requirements are met. 
 (c) There are no limitations on the period of the year for the submission of applications. 
 
(d) The Department of Infrastructure and Region al Development administers the vehicle import 
approval process.  However, issues relating to the ACBPS, immigration and quarantine must 
be dealt with through the relevant agencies. 
 8.  There are no circumstances under which appl ications for import approval are refused other 
than failure to meet the statutory criteria in the Act, the Regulations, and Determinations.  
Reasons are provided to the applicant where a refusal is issued. 
 Applicants may appeal any decision to the Administ rative Appeals Tribunal (AAT). Alternatively, an 
appeal may be made on the decision-making process itself under the Administrative Decisions 
(Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for Import Approval 
9.  All persons, firms/companies and institutions may apply for approval to import vehicles.  The 
granting of an approval is dependent on whet her the applicant and the vehicle(s) meet the 
applicable criteria under the Act and Regulations. 
 
(a) Under regulation 13 of the Regulations (personal import arrangements) a person, who is an 
Australian citizen or an Australian permanent resident, or has applied to become an 
Australian citizen or an Australian permanent resident, may apply for approval to import a 
vehicle that they have owned and it was available for use for a continuous period of at least 12 months, where they have not imported another personal vehicle within the previous 5 
years. 
 
Where a vehicle is to be imported and used exclusively for racing or rallying purposes an application for import approval must be made.  Approval will be granted where it is 
established that the vehicle is solely for racing purposes and for a particular event and/or is 
imported by a person holding an appropriate recognised racing licence. 
 
Applications for import approvals for used im ported vehicles can also be submitted by 
approved Registered Automotive Workshops, or  by a workshop importing one vehicle in the 
initial process of becoming an approved workshop.  Workshops must be a company in 
Australia, or have an appointed company in Australia as a sponsor. 
 (b) Applications can be made for import approv al of new standard vehicles, for example, new 
vehicles complying with Australian Design Rules or new vehicles that are to be modified to 
comply with the Australian Design Rules by the person(s) or organisations that have been 
issued with Identification Plate Approvals for the make and model of the vehicles being applied for.  The numbers of vehicles impo rted under these import approvals are not 
restricted. 
 
There are no restrictions on the applicant or the number of vehicles that can be imported 
where the vehicles have been manufactured before 1 January 1989.  An application must be 
made, and approval granted, in relation to each such vehicle. 
 G/LIC/N/3/AUS/7 
 
- 40 - 
 
  Documentational and other requirements for application for licence 
10.  Applicants are required to provide name or company details including address and contact 
phone numbers.  Relevant details of the vehicles to be imported are required to determine if the vehicle is eligible under the legislative requirements.  Eligible persons seeking to import a 
previously owned vehicle are also required to provide confirmation of overseas travel and 
ownership and use.  Copies of the application forms and access to the online application system are available from the website at:  
http://www.infrastructure.gov.au/vehi cles/imports/application_forms.aspx .   
 
11.  Importers must obtain a Vehicle Import Approval before a vehicle can be imported into Australia.  Applicants are advised not to ship their vehicle to Australia without first obtaining a 
vehicle import approval. 
 12.  An administrative charge of $50 is required  for the lodgement of a vehicle import approval 
application. 
 13.  Payment of relevant fees must accompany the lodgement of an application for vehicle import 
approval.  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 vehicles imported for test purposes normally require that such a vehicle be exported or destroyed within 12 months unless modified to 
legislative requirements.  Approvals issued in rela tion to used vehicles imported by Registered 
Automotive Workshops also contain a condition that vehicles must be modified to meet Australian Design Rules within 12 months or must be exported or destroyed. 
 
15.  There is no penalty for the non-utilisation of a license or a portion of a license.  16.  Licenses are not transferable between importers. 
 
17.(a) Conditions may be applied to a Vehicle Import Approval for a vehicle that does not comply 
with Australian Design Rules. 
 
(b)   Conditions may be applied to a Vehicle Import Approval.  
Other procedural requirements 
18.  Administrative requirements of the ACBPS an d 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 Border Protection must 
also be met. 
 19.  Not applicable. 
 
19  NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED CHEMICALS 
Outline of systems 
1.  Licences and permits are issued to control the import of specified narcotic drugs, psychotropic 
substances and related chemicals, including kava.  Purposes and coverage of licensing 
2.  This system fulfils part of Australia's obligation under three United Nations Conventions in 
relation to restricting the supply of controlled substances to that necessary to meet medical and scientific need and preventing diversion to the illicit drug market.  The drugs covered are 
substances listed in Schedule 4 of the Custom s (Prohibited Imports) Regulations 1956.  The 
licensing system covers persons involved in international trade of those substances listed in G/LIC/N/3/AUS/7 
 
- 41 - 
 
  Schedule 4, their derivatives, precursors and related substances. These include the drugs and 
chemicals required to be controlled under the S i n g l e  C o n v e n t i o n  o n  N a r c o t i c  D r u g s ,  1 9 6 1 , the 
Convention on Psychotropic Substances, 1971 , and Table I and Table II of the Convention against 
Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 . 
 
An exemption applies in the case of a drug that is imported by a passenger on a ship or aircraft where the drug: 
(a) (i)  is required for the medical treatment of the person or another passenger under 
the care of the person; 
(ii)  was prescribed by a medical practitioner for the purpose of that treatment; and (iii)  was supplied to the person in accordance with the prescription of the medical 
practitioner. 
 
(b) (i)  is required for the medical treatment of an animal that is being imported and is 
under the care of the person; 
(ii)  was prescribed by a veterinarian for use in the animal for the purposes of that 
treatment; and 
(iii)  was supplied to the person in accordance with the prescription of the 
veterinarian. 
 Incoming passengers who are over the age of 18 years are 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 enables the Government to restrict and monitor the 
quantities of controlled substances imported.  This is intended to prevent the over-supply and 
diversion of controlled substances and is one strategy adopted to address drug misuse.  The system is based on the requirements of the international treaties.  The Customs (Prohibited Imports) Regulations are not intended to restrict the quantity or volume of imports. 
 
5.  The Customs Act 1901  and the Customs (Prohibited Imports) Regulations 1956 govern the 
importation of drugs.  The licensing of importers is a statutory requirement under paragraphs 
50(3) (a) and (b) of the Customs Act 1901.  The drugs subject to control are specified in 
Schedule 4 under Regulation 5 of the Customs (Prohibited Imports) Regulations 1956.  This 
system cannot be abolished without legislative approval. 
 
Procedures 
6.I.  National import limits for substances controlled by the Single Convention on Narcotic Drugs 
are set by an estimates system administered by the International Narcotics Control Board 
(INCB).  The INCB publishes the estimates (import limits) for all parties to the Conventions.  
Allocation of limits for imports from particular countries is not applicable.  Requests for exceptions and derogations from the licensing requirements must be directed to the Drug 
Control Section, Therapeutic Goods Administration. 
 II.  An annual estimate of Australia’s requirements for controlled drugs is established each year 
based on historical records of manufacture, import, export current inventory and projected 
domestic consumption.  Australia’s estimates are published by the INCB and specific imports are only authorised where they would not be in excess of the established limit.  Import 
licences are issued annually but in themselves do not authorise the import of any specific 
quantity of drug.  A permit is required to import a specific drug in a specific quantity. 
 III.  Import permits are required for each shipment and are issued to licensed importers and the 
requested import quantity must not cause th e total imports of the drug to exceed the 
Australian limit approved by the INCB.  In a ccordance with INCB procedures Australia must 
establish annual estimates at the appropriate times.  There is no carryover of quantity if the 
limit from the previous year was not reached.  A list of licensed importers is available to 
governments on request. 
 IV.  Applications for licences are accepted at any time. 
 G/LIC/N/3/AUS/7 
 
- 42 - 
 
  V. Licence applications may take six to eight weeks to process because of the stringent checks 
made on the personnel involved and on the security arrangements in place.  Licences are issued annually.  Almost all permits are issu ed 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 Therapeutic Goods Administration.  State 
licence or legislative exception must be supplied at the time of applying for a licence to import.  Additional controls are imposed on some  substances (for example, if the drug is not 
approved in Australia, quarantine restrictions, etc.) and the appropriate procedures for these 
controls must also be completed. 
 
VIII.  There is no limit on the number of lice nces 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 only be issued after an import permit has 
been sighted. 
 
X.  As required by the Single Convention on Narcotic Drugs  and the Convention on Psychotropic 
Substances , copies of all import and export permits are forwarded to the competent 
authority of the importing or exporting country. 
 XI.  No. 
 
7.(a)  There is no minimum advance notice required for a licence.  However, stringent checks of 
applicants for licences are undertaken in order to issue a licence.  Applications for an import permit should be made a minimum of 30 days prio r to import. Permits will only be issued to 
a licensed importer.  Goods arriving at the port without a permit cannot be imported and 
retrospective permits cannot be issued. 
 
(b) No. 
 (c)  No. 
 
(d)  Import licences and import permits ar e both issued by the Therapeutic Goods 
Administration.  When considering licence applications, State licence or legislative exception must be supplied at the time of applying for a licence to import, the company applying 
contacts the relevant State Authority.  Other authorities may be contacted by the 
Department to verify application details (for example, Customs for personnel checks of the 
company applying).  The applicant does not need to approach these authorities. 
 
8.  An application may be refused for any of the following reasons:  
- The criteria are not met.  These criteria requir e 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 been obtained (for example, quarantine, State 
licences). 
 A licence or permit may be revoked if the licence holder fails to comply with the conditions of the 
licence or permit. 
 The affected person is notified in writing of any refusal or revocation.  A request for review of the 
refusal can be made to the Australian Government Minister administering the Therapeutic Goods 
Act 1989 , within 90 days after the decision first comes into the importer’s notice.  In the case of 
the 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/7 
 
- 43 - 
 
  Eligibility of importers to apply for licence 
9.(a) Any person, firm or institution may apply for a licence.  A licence shall not be granted unless 
the applicant is a fit and proper person to be granted a licence to import drugs and suitable 
security arrangements for the holding of drugs ar e in place.  A licence is granted subject to 
conditions concerning use, sale and distribution of the substances.  Import permits are only 
issued to licence holders.  State licence or legislative exception must be supplied at the time of applying for a licence to import. 
 
A list of licensed importers is available to other governments from the Therapeutic Goods Administration. 
 
(b) Not applicable. 
 Documentational and other requirements for application for licence 
10.  Applications for licences and permits must be submitted on either an "Application for a Licence 
to Import Controlled Substances" or "Application for a Permit to Import Controlled Substances" respectively. 
 
The following information must be supplied for a licence application:  -  name of the applicant (person or organisation); 
- address of the premises on which the controlled substance will be held; 
- nature of the business (e.g. pharmaceutical manufacture, chemical distribution, etc.); - classes of controlled substances to be held (e.g. narcotic drugs, psychotropic substances, 
precursor chemicals, laboratory standards, etc.); 
- details of licences held relating to the st orage, manufacture or distribution of the 
substances; 
- details of any losses and/or thefts of controlled substances; 
- details of all persons who will have access to the controlled substances, including their 
positions and qualifications and specific background information to enable a security check; 
- details of the security arrangements for the storage, distribution and handling of the 
substances; 
- details relating to the applicant's 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.  All permits must be obtained in advance of the controlled substance arriving in Australia. 
 
11.  The import permit is the required document and, for some substances, the complementary overseas export permit. 
 
12.  There is no licensing fee or administrative charge.  
13.  There is no deposit or advance payment requirement associated with the issue of licenses. 
 G/LIC/N/3/AUS/7 
 
- 44 - 
 
  Conditions of licensing 
14.  Import licences are valid until the end of the calendar year (year of application if applied for 
before 30 September, or following year if after 30 September).  Import permits are usually valid for six months, but may be amended if necessary. 
 
15.  No.  However, if a licence holder has not used the licence during the year and applies for a renewal, the applicant may need to justify retention of the licence. 
 
16.  Licences and permits are not transferable.  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 therapeutic goods for supply in Australia.  
 19.  Not applicable.  
20  OBJECTIONABLE ITEMS 
Outline of system 1.  Import controls exist on offensive publications and goods entering Australia.  Material which is 
prohibited under Regulation 4A, Importation of Objectionable Goods, of the Customs (Prohibited 
Imports) Regulations 1956 may not be imported without the prior written approval of the Attorney-General or by an authorised person. 
 
Purposes and coverage of licensing 
2.  Objectionable goods include: computer games; computer generated images; films; interactive 
games; publications and any other goods that de scribe, depict, express or otherwise deal with 
matters of sex, drug misuse or addiction, crim e cruelty, violence or revolting or abhorrent 
phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be imported. 
 
The goods may also be considered objectionable if the goods describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or who appears to be, a child 
under 18 (whether the person is engaged in sexual activity or not). The goods may also be 
considered objectionable if they promote, incite or instruct in matters of crime or violence, or promote or incite the misuse of a drug specified in Schedule 4 of the Customs (Prohibited Imports) 
Regulations 1956. The goods may be considered objectionable if they advocate the doing of a 
terrorist act. Without limiting the above, computer games classified RC (Refused Classification) 
under the Classification (Publications, Films and Computer Games) Act 1995 are also considered objectionable goods. 
 
3.  The regulations apply to the importation of goods from all countries.  
4.  The importation of these goods is regulated as a community protection measure.  Goods 
included are considered to be detrimental to the well-being of the community. The 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. 
 G/LIC/N/3/AUS/7 
 
- 45 - 
 
  Procedures 
6.  Not applicable. 
 7.(a) Application should be made in advance of arrival 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 (ACBPS). 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 the ACBPS 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 gran ted subject to conditions the applicant will be 
notified of the decision by notice in writing within 30 days of the decision. 
 (b) No. 
 
(c) Permits may be issued at any period of the year.  
(d) An application for permission to import can be refused, or granted subject to conditions, on 
the discretion of the Attorney-General, or a person nominated by the Attorney-General.  
Under Regulation 4A(2A) of the 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 import.  The responsibility for determining whether 
goods are "objectionable" at the border rests with the ACBPS. 
 
8.  Where an application is refused, or granted subject to conditions, application for review of this 
decision may be made to the Administrative Appeals Tribunal (AAT), and except where subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies, the applicant may 
request a statement of reasons for the decision.  The Attorney-General may certify in writing that 
in the public interest the responsibility for permission or refusal should remain solely with the Attorney-General and should not be reviewable  by the AAT. The certificate must include a 
statement of the grounds on which the certificate was issued. 
 
Eligibility of importers to apply for licence 
9.(a) Not applicable. 
 
(b) All persons, firms and institutions are eligible to apply for permission to import.  
Documentational and other requirements for application for licence 
10.  For permission to import applications must be made in writing to the Commonwealth 
Attorney-General or an authorised person (the Di rector, 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 wh ich 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.  G/LIC/N/3/AUS/7 
 
- 46 - 
 
  13.  There is no deposit or advance payment requirement associated with the issue of licenses. 
 Conditions of licensing 
14.  Permits apply to one consignment only. 
 
15.  There is no penalty for the non-utilisation of a permission or a portion of a permission.  
16.  Licenses are not transferable between importers. 
 17.  Conditions may be applied regarding the custody, use, reproduction, disposal, destruction or exportation of the imported goods or with respect to accounting for the goods for the purpose of 
ensuring that the goods are not used otherwise than for the purposes for which permission was 
granted.  
Other procedural requirements 
18.  No. 
 
19.  Not applicable. 
 21  ORGANOCHLORINE CHEMICALS 
Outline of system 
1.  The importation of certain organochlorine chemic als as listed in Schedule 1 of the Agricultural 
and Veterinary Chemicals (Administration) Re gulations 1995 and Schedule 9 of the Customs 
(Prohibited Imports) Regulations 1956 is prohibited unless written permission, either from the 
Minister responsible for the Commonwealth Department of Agriculture, Fisheries and Forestry or 
an authorised officer, is provided to the ACBPS at the time of importation.  An authorised officer means 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 rang e that is subject to Australian import controls 
includes the intentionally produced persistent orga nic pollutants that are listed under Schedule 1 of 
the Agricultural and Veterinary Chemicals (Adm inistration) Regulations 1995, which are amended 
from time to time, to, inter alia, reflect the Australian Government’s ratification of decisions made 
by the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants  
(Stockholm Convention). 
 3.  The regulations apply to the importation of chemicals listed in Schedule 1 from all countries.  
4.  The importation of these chemicals is regula ted as a community protection measure.  These 
chemicals are considered to be generally persistent in the environment, relatively toxic and bio-accumulate in organisms.  The Agricultural and Veterinary Chemicals (Administration) 
Regulations 1995 are intended to restrict imports, unless they are for uses or purposes allowed 
under the Stockholm Convention (e.g. specific exemption, acceptable purpose, laboratory-scale research, reference standard or environmentally sound disposal). 
 
5.  The control on importation of the specified goods is a statutory requirement under Agricultural and Veterinary Chemicals (Administration) Regulations 1995 and Regulation 5I of the Customs (Prohibited Imports) Regulations 1956 made under the Customs Act 1901 .  The system cannot be 
abolished without legislative approval.  
 Australia is a Party to the Stockholm Convention and these import controls are required of all 
Parties.  Australia would need to withdraw from the Convention in order to abolish these import 
controls.  G/LIC/N/3/AUS/7 
 
- 47 - 
 
  Procedures 
6.  Not applicable, as no organochlorine chemicals are restricted in either the quantity or value of 
imports.  
7.(a) Application should be made in advance of arrival of the goods. However, if the chemicals 
have arrived without a permit, the ACBPS will hold the shipment until a permit is granted. 
 
(b) Permits are not normally issued immediately.  Applications for permits are made to the 
Department of Agriculture and normally processed within two (2) business days. 
 (c) No, permits may be issued at any period of the year. 
 
(d) Permits are issued by the Australian Gove rnment Department of Agriculture and are 
presented by the importer to the ACBPS at the time of importation. 
 
8.  Application for permission to import can be refused at the discretion of the Minister for Agriculture.  Reasons for refusal would be explaine d to applicants.  There is no right of appeal 
against the Minister's decision. However, an appe al 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. 
 
Documentational and other requirements for application for licence 
10.  For permission to import, applications must be made in writing to the relevant Minister or 
authorised officer at http://www.daff.gov.au/agriculture- food/ag-vet-chemicals/stockholm-
rotterdam .  The application should include the following information: 
 
- Importer's name and address; and 
- details of the goods to be imported including the appropriate international codes, quantity, 
intended use, exporting country, date of import. 
 
11.  The written permission of the Minister or authorised officer is required to be produced on 
import.  
12.  There is no licensing fee or administrative charge. 
 13.  There is no deposit or advance payment requirement associated with the issue of licenses.  
Conditions of licensing 
14.  Permits usually apply to one consignment on ly, typically valid for three months but may be 
extended given sufficient justification. 
 
15.  There is no penalty for the non-utilisation of a license or a portion of a license.  
16.  Licenses are not transferable between importers. 
 17.  Permission granted under Agricultural and Veterinary Chemicals (Administration) 
Regulations 1995 and Regulation 5I of the Cust oms (Prohibited Imports) Regulations 1956 may 
specify conditions or requirements to be complied with by the holder of the permission, such as 
the use of the chemical (e.g. as a reference standard  or for laboratory-scale experiment only).  If 
the holder of the permission fails to comply wi th a condition or requirement the Minister may 
revoke the permission. 
 G/LIC/N/3/AUS/7 
 
- 48 - 
 
  Other procedural requirements 
18.  No. 
 19.  Not applicable. 
 
Further information can be found at http://www.agriculture.gov.au /agriculture-food/ag-vet-
chemicals/stockholm-rotterdam.  
 
22  OZONE-DEPLETING SUBSTANCES AND SYNTHETIC 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 ozon e depleting substances chlorofluorocarbons, 
halons, carbon tetrachloride, methyl chloroform , bromochloromethane and methyl bromide, for 
non-quarantine and pre-shipment use, is prohibit ed under the Montreal Protocol except where an 
essential or critical use exemption has been gran ted by the parties to the Montreal Protocol.  
Australia’s Montreal Protocol obligations are implemented through a system of licensing and quota restrictions on ozone depleting hydrochlorofluorocarbons (HCFC).  
 
Australia controls the import and manufacture of synthetic greenhouse gases (hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride) in accordance with its obligations under the Kyoto 
Protocol. A licence is required to import and manufacture synthetic greenhouse gases and to 
import products containing 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 an d 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 hydrof luorocarbons 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 bromochloromethane approved for essential use by the parties to the Montreal Protocol. 
- Used substances: 
- import and export of bulk used chlorofluorocarbons, halons, carbon tetrachloride, 
methyl chloroform, bromochloromethane, methyl bromide and hydrochlorofluorocarbons. 
- Precharged equipment containing synthetic greenhouse gases and HCFCs 
 Effective 4 November 2014, the Government intr oduced an exemption for low volume equipment 
importers outlined in the Ozone Protection and Synthetic Greenhouse Gas Management 
Amendment Regulation 2014 . A low volume importer is an importer who imports less than 5 
pieces of refrigeration and air conditioning equipm ent, with less than 10kg total charge over a two 
year period. A typical low volume importer is an individual who is importing a single yacht or car 
for personal use although any refrigeration and air conditioning equipment that is under the 
threshold is exempted from the Act. Importers who are eligible for this licence exemption are able 
to self-assess through the Ozone Licensing and Reporting Scheme. Importers of refrigeration and 
air conditioning equipment who are over this threshold continue to require an import licence under 
the Ozone Protection and Synthetic Gr eenhouse Gas Management Act 1989 . 
 
Strict conditions and reporting requirements apply in relation to all licences issued. G/LIC/N/3/AUS/7 
 
- 49 - 
 
  The import and manufacture of refrigeration and air conditioning equipment charged with an HCFC 
refrigerant, designed to operate only using a HCFC refrigerant or containing insulating foam manufactured with a HCFC is prohibited under the legislation, unless an exemption has been granted. These exemptions were reviewed for 2015 and have been granted to: 
 
- HCFC pre-charged refrigeration equipment (to 30 June 2015); - chillers charged with HCFC-123 (to 31 December 2015); 
- replacement parts for existing HCFC air conditioning and refrigeration equipment (to 
31 December 2019); 
- components for existing high static ducted split system air conditioners to 30 June 2016); - equipment insulated with foam manufactu red with HCFC (to 31 December 2019);  
 
The exemptions apply up to the dates stated abov e, unless the regulations are modified to provide 
for an alternative date. 
 
In addition, certain products containing, manufactured with or designed to operate using some controlled substances are prohibited from import, export or manufacture unless the Minister has 
granted an exemption.  An exemption under Sectio n 40 of the Act is issued only where the use of 
a substance is essential for medical, veterinary, defe nce, 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 greenhouse gases.  Exemptions have been approved for metered 
dose inhalers and imported foam products.  
 
3.  The system applies to goods from all countries, with restrictions applying to trade of ozone depleting substances with countries that are not party to the Montreal Protocol. 
 
4.  The licensing system implements Australia’s legal obligations under the Montreal Protocol.  As well as limits on production and consumption of  ozone depleting substances leading to eventual 
phase-out, the Protocol requires the establishment of a licensing and quota system. 
 
5.  The legislation under which licences are maintained includes:  
- Ozone Protection and Synthetic Greenhouse Gas Management Act 1989; 
- Ozone  Protection and Synthetic Greenhouse Gas (Import Levy) Act 1995; 
- Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Act 1995; 
- Ozone Protection and Synthetic Greenhouse Gas Management Regulations 1995; 
- Ozone Protection and Synthetic Greenhouse Gas (Import Levy) Regulations 2004;  - Ozone Protection and Synthetic Greenhouse Gas (Manufacture Levy) Regulations 2004; - Ozone Protection and Synthetic Greenhouse Gas Management Amendment Regulation 2014. 
 
Licensing is a legislative requirement.  It is an offence to import, export or manufacture a scheduled substance without a licence.  It is not possible to abolish this system without legislative 
approval. 
 The legislation does not leave designation of products to administrative discretion.  All substances 
that require licences are specified in a schedule to the legislation.  No other substances require 
licensing under this legislation.  Importation of ODS/SGG and equipment is prohibited under provisions of the Customs Act 1901  
and the Customs (Prohibited Imports) Regulations 1956 unless a licence has been obtained or the 
goods are exempt from licencing requirements.  
Procedures 
6.  The quantity of controlled ozone depleting substances that can be imported into Australia is 
limited through the Montreal Protocol.  These limit s 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 Environment website and in an Australian database for G/LIC/N/3/AUS/7 
 
- 50 - 
 
  business.  The Government deals directly with holders of existing licences and new 
applicants.  There are no quotas on amounts to be imported from specific countries, but imports and exports of ozone depleting substances must be from countries that are Parties to the Montreal Protocol and its relevant am endments. The legislation does not provide for 
any exception or derogation from licensing requirements. 
 II. Controlled substances, used substances and pre-charged equipment licences are issued 
biennially. Fixed end dates apply to controlled substances and used substances licences, 
while pre-charged equipment licences are valid for two years from the date of issue.  Each grant of a controlled substance licence for an ozone depleting substance specifies the amount permitted to be imported or manufactured during the entire quota period.  Essential 
use licences are issued annually.  Each licence specifies the amount and type of substance to 
be imported for the entire duration of the licence. 
 
Quotas are based on the total annual consumption (i.e. production plus imports, minus 
exports) limit under the Montreal Protocol, adjusted for Australia’s accelerated phase-out 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 su cceeding period as limits under the Montreal 
Protocol and domestic legislation are not cumulative.  The names of Australian importers are 
available to the public on the Commonwealth Department of the Environment website. 
 
IV. Licence applications may be made at any time.  The Government will seek licence 
reapplications for a new licence period up to six 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 informatio n 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 the Environment.  This 
power has been delegated to certain officers in the Commonwealth Department of the 
Environment.  Applicants need only apply to the Department of the Environment. 
 
VIII. There is no limit to the number of  licences that can be issued under the Ozone Protection 
and Synthetic Greenhouse Gas Management Act 1989 .  The quantity of ozone depleting 
substances that can be imported is limited under the Montreal Protocol.  HCFC imports are managed through a quota system, based on relative imports in the previous licence period. 
 
IX.  Not applicable.  
X. Not applicable. 
 XI. Not applicable. 
 
7.(a) A licence for import of pre-charged equipment may be applied for at any time, prior to the 
goods being imported. Consideration will be given to granting a licence after goods have arrived.  Applicants are discouraged from organising an import until a permit or a licence 
has been granted.  Under the Ozone Protection and Synthetic Greenhouse Gas Management 
Act 1989 , licence applications must be assessed within 60 days of receipt. G/LIC/N/3/AUS/7 
 
- 51 - 
 
  (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) Controlled substances licences can be granted at any time during the licence period.  If 
granted, the licence will expire at the end of  the current licence period, regardless of when 
the licence was actually granted. Ozone Depleting Substance / Synthetic Greenhouse Gas 
Equipment, licences are valid for two years from the date of issue. 
 (d) Licence applications are considered by the Department of the Environment.  No other 
agencies are involved. 
 
8.  A licence may be refused if the applicant does  not meet ordinary criteria.  Where applications 
are refused, applicants will be given the reasons for such refusal on request.  An applicant may 
apply to the Administrative Appeals Tribunal for a review of the decision not to 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 requirements for application for licence 
10.  Controlled Substance, Essential Use, Used Substance and Pre-charged Equipment application 
forms are available on the Department of Environment website at: 
http://www.environment.gov.au/atmos phere/ozone/lice nces/index.html .   
 
11.  Upon importation, an importer must pres ent standard customs documentation along with a 
valid licence issued under the Ozone Protection and Synthetic Greenhouse Gas Management 
Act 1989 . 
12.  Licence application fees are charged.  Fees are: Controlled substances - $15,000; Essential Use - $3,000; Used Substance - $15,000; and Pre-charged Equipment - $3,000. 
 
In addition, holders of a controlled substance licence are required to pay a quarterly activity fee: HCFC - $3,000 per ODP tonne; Methyl Bromide - $135 per tonne; Synthetic greenhouse gases - 
$165 per tonne. 
 13.  There is no deposit or advance payment requirement associated with the issue of licences.  
Conditions of licensing 
14.  Licences are valid for the licence period and cannot be extended. 
 
15.  There is no penalty for the non-utilisation of a licence or a portion of a licence. 
 16.  Yes.  Transferee must be a fit and proper person to be a licence holder.  A joint application by 
the transferor and transferee is made to the Department of the Environment. 
 17.  Licensees are not permitted to trade in ozone depleting substances with non-parties to the Montreal Protocol.  General conditions of the licence are that the licensee must have arrangements 
in place to manage their product at its end of life, generally through a product stewardship 
scheme; and must provide 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 which the imported substance is to be applied if its consumption has been approved for a specific purpose through the Montreal Protocol. 
 G/LIC/N/3/AUS/7 
 
- 52 - 
 
  Other procedural requirements 
18.  No. 
 19.  Not applicable. 
 
23  PLASTIC EXPLOSIVES 
Outline of systems 
1.  The importation of plastic explosives is generally prohibited under provisions of the Customs 
Act 1901, the Customs (Prohibited Imports) Re gulations 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 Conv ention on the Marking of Plastic Explosives for 
the Purpose of Detection (Montreal, 1991) (the Convention). 
 
Purposes and coverage of licensing 
2.  The goods covered are plastic explosives.  Different requirements apply depending on whether 
plastic explosives are “marked” with a chemical marker specified in the Criminal Code. 
 3.  The ACBPS and State and Territory import licensing and permissions systems apply to importers of plastic explosives from all countries, regardless of whether the explosives are marked. 
   
The Criminal Code requirements apply to both imported and domestically produced explosive 
products from all countries.  That Authorisation scheme applies to importers of plastic explosives 
that are not marked.     
 4.  The Customs (Prohibited Imports) Regulations are not intended to restrict the quantity or 
volume of imports. There are no restrictions in relation to the quantity or value of imports of 
unmarked plastic explosives under the Criminal Code regime.  However, in exercising power to grant an Authorisation, the Attorney-General may have regard to whether the import of unmarked plastic explosives is reasonable.   
 
5.  The control of plastic explosives is a st atutory requirement under Regulation 4AA of the 
Customs (Prohibited Imports) Regulations 1956 made under the Customs Act 1901.  The control 
cannot be abolished without legislative approval. The provisions requiring Authorisation to be 
obtained for certain dealings with unmarked plastic explosives under the Criminal Code cannot be abolished without legislative approval. 
 
Procedures 
6.  Not applicable. 
 
7.(a) No specific timeframe.  However, it is recommended that the application forms are 
completed and submitted at least six weeks before the goods’ expected arrival in Australia.  
 
In addition, the importer must provide the Stat e or Territory Permit or Licence to import 
plastic explosives on the Application for Permissi on 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 explosives, an Application for Authorisation to 
import unmarked plastic explosives should be lodged with the Attorney-General’s Department at the same time as the Permission form.   
(b)   A Permit under the 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. 
 G/LIC/N/3/AUS/7 
 
- 53 - 
 
  An Application for an Authorisation under the Criminal Code regime must be submitted to 
the Attorney-General for his or her consideration and, if the Application is approved, an instrument of Authorisation is executed and provided to the applicant.  The process may take approximately two to three weeks. 
 
(c) No.  
(d) Granting permission for the importation of plastic explosives involves State and Territory 
licensing authorities, the ACBPS and the Attorn ey-General’s Department.  Authorisations 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 allo w 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 explos ives may be refused by the Attorney-General if 
he or she considers that the proposed importation is unreasonable and/or considers that the Authorisation ought not be granted having regard to such matters as he or she considers relevant.  An application may be made to the Administrative Appeals 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 Authorisation 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 Attorney -General’s decision is affected by jurisdictional 
error or error of law, it is susceptible to judicial review under the Administrative Decisions (Judicial 
Review) Act 1977 . 
 
Eligibility of importers to apply for licence 
9.(a) Not applicable. 
 
(b) Any person, firm or institution may apply for a Permit.  A Permit shall not be granted unless 
the applicant is a fit and proper person to be granted a Permit to import plastic explosives.  
Individuals, institutions, or corporations are eligible to apply for an Authorisation to import 
unmarked plastic explosives. 
 Documentational and other requirements for application for licence 
10.  In order to import unmarked plastic explosives importers will need to complete: 
 
- an Application for Authorisation to either manufacture, possess, traffic in, import or export 
unmarked plastic explosives; 
- an Application for Permission to Import Unmarked Plastic Explosives; and  
- a Manufacturers Certificate.  
In order to import marked plastic explosives importers will need to complete: 
 - an Application for Permission to Import Marked Plastic Explosives, and  - a Manufacturers Certificate. 
 
A State or Territory Licence or Permit must be obtained before the 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 explosiv es 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 ACBPS at the time of lodging an import declaration. 
 G/LIC/N/3/AUS/7 
 
- 54 - 
 
  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 Auth orisations for importation of unmarked explosives 
for defence or police purposes until 25 August 2022.  Existing Authorisations cannot be extended.  
If an existing user wishes to engage in an activity other than one which is covered by the terms of an existing Authorisation, a new application must be made.   
 
15.  There is no penalty for non-utilisation of a Permit.  However, if a Permit holder has not used the Permit during the year and applies for a renewal, the applicant may need to justify retention of 
the Permit.  There is no penalty for non-utilisation of an Authorisation issued by the 
Attorney-General.  16.  Permits issued under the Customs scheme are not transferable.  Similarly, Authorisations 
issued by the Attorney-General apply only to th ose applicants to whom/which the Authorisation 
was initially granted.  
17.(a)  Not applicable. 
 (b)  The importation of unmarked plastic explosives (which are not subject to quantitative 
restriction) may be subject to such conditions and restrictions as 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 following 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/0/3A5F446649A6CE6B
CA25773C001A6973?OpenDocument   
 
- Customs Act 1901 :  
http://www.comlaw.gov.au/ComLaw/Legislati on/ActCompilation1.nsf/0/9E55A8CA0D3361D2
CA257781001BCB82?OpenDocument   
 
- Customs (Prohibited Imports) Regulations 1956: 
http://www.comlaw.gov.au/ComLaw /Legislation/LegislativeInst rumentCompilation1.nsf/0/87
EFF41BDFD47D37CA2576DA0022AAD6?OpenDocument   
 
- United Nations Convention on the Marking of Plastic Explosives for the Purpose of Detection  
(Montreal, 1991): https://treaties.un.org/Pages/DB.aspx?path=DB/studies/page2_en.xml  
 G/LIC/N/3/AUS/7 
 
- 55 - 
 
  24  RADIOACTIVE SUBSTANCES 
Outline of system 1.  The importation of radioactive substances and goods containing radioactive substances is 
prohibited under the provisions of the Customs Act 1901  and Customs (Prohibited Imports) 
Regulations 1956 unless the permission in writing is granted by the Commonwealth Minister for 
Health, the CEO of the Australian Radiation Pr otection and Nuclear Safety Agency (ARPANSA) 
appointed in writing by the Minister, or an Aust ralian Public Service employee assisting the CEO 
appointed in writing by the Minister as an auth orised officer, and presented to the Australian 
Customs and Border Protection Service (ACBPS) at the time of importation.  In order for a permit to be considered the applicant must be in possession of a Radioactive Substances Licence from the relevant Commonwealth, State or Territory radiation regulatory control jurisdiction, where 
required. 
 Purposes and coverage of licensing 
2.  The goods covered include any radioactive material or substance including radium, any 
radioactive isotope or any article containing any radioactive material or substance.  
3.  The regulations apply to the importation of goods from all countries. 
 4.  The importation of radioactive substances is regulated as a community protection measure and to comply with Australia's 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, where required, from the relevant Commonwealth, 
State or Territory radiation control authority.  For certain classes of radioactive substances the relevant Commonwealth, State or Territory radiation 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 Heal th, the CEO of ARPANSA or an Australian Public 
Service employee assisting the CEO appointed in writing by the Minister as an authorised 
officer.  Applications to import radioactive materials or articles containing radioactive 
materials must be made to ARPANSA on an  ARPANSA20 Form, “Application for Customs 
Prohibited Import Release of Medical Radioisotopes” , or an ARPANSA Form 1,  “Application 
for Customs Prohibited Import Release of No n-Medical Radioisotopes”. These forms, and 
instructions for completing the Forms are available on the ARPANSA Web site (http://www.arpansa.gov.au/Reg ulation/Permits/index.cfm ).  
 
Before submitting an application for permission to import, the importer must be in 
possession of a valid Radioactive Substances Licence, where required, from the relevant 
Commonwealth, State or Territory radiation control authority.  The licence number and 
licence details must be stated on the application Form. 
 G/LIC/N/3/AUS/7 
 
- 56 - 
 
  8.  Application for permission to import can be refused on the discretion of the Minister for Health. 
There is no right of appeal against the Minister's decision. However, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence. 
9.(a) Not applicable. 
 
(b) All persons, firms and institutions are eligible to apply for permission to import. 
 Documentational and other requirements for application for licence 
10.  For permission to import, applications must be made in writing to ARPANSA.  The application 
should include the following information: 
 - importer's name and address; 
- 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/Reg ulation/Permits/index.cfm ). 
 
11.  The written permission of the Minister of Health, or an authorised officer, is required to be produced on import. 
 
12.  ARPANSA has an administrative charge of $160 for the granting of a single shipment permit and $1848 for the granting of a Twelve Month Permit. 
 
13.  There is no deposit or advance payment requirement 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 number of importations for a specified twelve month period (Twelve Month Permit).  Twelve Month Permits are issued for the importation of 
radiopharmaceutical drugs registered on the Australian Register for Therapeutic Goods (ARTG) and 
for low hazard radioactive materials.  The holder of a Twelve Month Permit is required to ensure that the 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 radioactive substances can be found on our website at http://www.arpansa.gov.au/Reg ulation/Permits/index.cfm  
 
Other procedural requirements 
18.  No. 
 
19.  Not applicable. 
 G/LIC/N/3/AUS/7 
 
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  25  SECURITY SENSITIV E AMMONIUM NITRATE 
Outline of system 1.  The importation of security sensitive a mmonium 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 importat ion by the State/Territo ry authority where the 
goods will be located immediately after 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 the fo llowing States and Terri tories: Queensland, New 
South Wales, Australian Capital Territory, Victoria, Tasmania, Western Australia and South Australia. 
 Purposes and coverage of licensing 
2.  The goods covered include security sensitiv e 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 regulated by the States/Territories under Dangerous Goods legislation.  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 4X 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)  Applications for import licences should be made at least 7 working days in advance of the 
importation.  Licences are granted by State/Territory authorities.  Where other licences for 
SSAN are held (e.g. export) a shorter timeframe may apply. 
 (b) Licences cannot be issued immediately as the licence holders need to satisfy a number of 
conditions under the relevant State/territory legislation that the licence is granted under. 
 (c)  Licences may be issued at any period of the year.  
(d) The licences are specific to each State/Territory within Australia.  This means that to import 
SSAN into more than on e jurisdiction, multiple  authorities need to be approached.  The 
licensing authority in each State/Territory consults other government agencies in the licensing 
process. 
8.  Licence applicants must satisfy the requirements of the legislation in the relevant jurisdiction.  Appeal provisions are managed by those jurisdictions. 
 
Eligibility of importers to apply for licence 
9.(a) Not applicable. 
 
(b) All persons, firms and institutions are eligible to apply for permission to import although they 
must satisfy the requirements of the legislation in the jurisdiction where they are applying for the licence. 
 G/LIC/N/3/AUS/7 
 
- 58 - 
 
  Documentational and other requirements for application for licence 
10.  Applications for licences must be made to the relevant State/Territory authority on the 
approved form for that State/Territory and include all relevant particulars.  The documents required to be submitted vary depending on the jurisdiction and whether the applicant holds other 
licences for SSAN or other dangerous goods. 
 The relevant agencies are: 
 
State/Territory Agency 
Queensland Department of Mines and Energy  
New South Wales WorkCover Authority NSW 
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 the ACBPS on import.  
12.  Licensing fees are charged by the State/Terri tory licensing authorities and vary depending on 
the type of licence sought.  
13.  There is no deposit or advance payment requirement associated with the issue of licenses. 
 Conditions of licensing 
14.  Licensing periods vary in each jurisdiction.  They range from 1 year to 5 years. 
 15.  There is no penalty for the non-utilisation of a license or a portion of a license  
16.  Licenses are not transferable between importers. 
 17.  Licences may impose conditions to be complied with.   
 
Other procedural requirements 
18.  Not applicable. 
 
19.  Not applicable.  26  TABLET PRESSES 
Outline of Systems 
1.  The importation of tablet presses is prohibited under provisions of the Customs Act 1901  
(http://www.comlaw.gov.au/comlaw/managemen t.nsf/lookupin dexpagesbyid/IP200401390 ) and 
the Customs (Prohibited Imports) Regulations 1956  
(http://www.comlaw.gov.au/Series/F1996B03651 ) 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-automatic or fully automatic equipment which can 
be used for the compaction or moulding of powdered or granular solids, or semi-solid material to 
produce 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 conditions or requirements including times for 
compliance and the number of tablet presses allowed to be imported.  The Minister or an G/LIC/N/3/AUS/7 
 
- 59 - 
 
  authorised person has the power to revoke permission where the holder does not comply with a 
condition or requirement.  The manufacture and di stribution of amphetamine type stimulants is a 
serious problem in Australia and preventing the importation of tablet presses for use in illicit markets is an important way of reducing domestic production.  
 
5.  The control on the specified goods is a statutory requirement under Regulation 4G of the Customs (Prohibited Imports) Regulations 1956  (http://www.comlaw.gov.a u/Series/F1996B03651 ) 
made under the Customs Act 1901  
(http://www.comlaw.gov.au/comlaw/managemen t.nsf/lookupin dexpagesbyid/IP200401390 ).  The 
control cannot be abolished without legislative approval. 
 
Procedures 
6.  Not applicable.  
 
7.  Where there is no quantitative limit on importation of a product or on imports from a particular 
country:  
(a) Application should be made in advance of arrival of the goods. 
 (b) Applications for permission to import can be  processed immediately provided all information 
is available and the application is considered to be urgent. 
 
(c) Permits may be issued at any period of the year.  
8.  Application for permission to import can be refused at the discretion of the relevant Minister.  
Reasons for refusal are given to applicants.  Applicants refused permission to import may appeal the decision-making process under the Administrative Decisions (Judicial Review) Act 1977.  
 
Eligibility of Importers to Apply for Licence 
9.  All persons, firms and institutions are eligible to apply. 
 
Documentational and Other Requirements for Application for Licence 
10.  Applications must be made in writing to the Minister for Immigration and Border Protection or 
an authorised person.  The application should include supporting documentation to possess the 
goods and/or any relevant end user evidential documentation.  The application form can be found 
at:  http://www.customs.gov.au/web data/resources/files/B712.pdf .  
 
11.  The original permission from the Minister or authorised person is required upon importation. 
 12.  There is no licensing fee.  
13.  There is no deposit or advance payment requirement associated with the issue of licenses. 
 Conditions of Licensing 
14.  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.  G/LIC/N/3/AUS/7 
 
- 60 - 
 
  27  THERAPEUTIC SUBSTANCES AND GOODS  
Outline of Systems 1.  Importation into Australia of therapeutic goods for human use is controlled under the 
Therapeutic Goods Act 1989 , and its Regulations, and the Customs (Prohibited Imports) 
Regulations 1956. 
 Under the Therapeutic Goods Act 1989 , therapeutic goods may not be imported into Australia 
unless they are registered, listed or included in the Australian Register of Therapeutic Goods or 
specifically exempt from this requirement.  One exemption is for personal importation of 
therapeutic goods. Under Schedule 5 of the Ther apeutic Goods Regulations 1990, an individual 
may import a therapeutic good into Australia on their person, or arrange from within Australia for 
a therapeutic good to be sent to them from an overseas supplier, subject to the following: 
 - the goods are to be used by that individual or a member of his/her immediate family and 
are not sold or supplied to any other person; 
- the quantity imported may not exceed three months' supply per importation and the total 
quantity imported per year cannot exceed 15 months' supply at the manufacturer's 
recommended maximum dosage; 
- substances, which are a prohibited import under the Customs (Prohibited Imports) 
Regulations 1956, may not be imported without an import permit; 
- products which are injections containing material of human or animal origin (except insulin) 
may not be imported as personal imports, wi thout permission from the Therapeutic Goods 
Administration; 
- products which are "biologicals", as defined under the Therapeutic Goods Act 1989, may not 
be imported as personal imports, withou t permission from the Therapeutic Goods 
Administration; and 
- in order to import any product which is a prescription medicine (substances in Schedules 4 
or 8 of the Standard for the Uniform Scheduli ng 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 passenger on a plane or ship are an exception to this requirement, however, an import licence is still required in the case of medicines in 
Schedule 4 of the Customs (Prohibited Import s) Regulations 1956 if the passenger does not 
have a prescription). 
 
Importation of certain substances is prohibited under regulations 5A, 5G and 5H of the Customs 
(Prohibited Imports) Regulations 1956 except wi th the permission of the Secretary of the 
Commonwealth Department of Health.  These substances include antibiotics, certain hormones 
(included in Schedules 7A of the Customs (Prohibited Imports) Regulations 1956) and other 
substances, including anabolic or androgenic substances (included in Schedule 8 of the Customs (Prohibited Imports) Regulations 1956).  Substances of human or animal origin are not prohibited imports per se . 
 
Importation of narcotic drugs, psychotropic substances and related chemicals, including kava, is also controlled under the Customs (Prohibited Im ports) Regulations 1956.  Those controls are 
described separately in this document, in the section titled “Narcotic Drugs, Psychotropic 
Substances and Related Chemicals”.  
Purposes and Coverage of Licensing 
2.  Import permits are issued under the Custom s (Prohibited Imports) Regulations 1956 both for 
goods approved for marketing in Australia and for “unapproved” goods where supply is considered appropriate (e.g. in the context of clinical trials or special patient access).  The therapeutic 
substances/goods covered are: 
 - Substances named in regulation 5A (1) of the Customs (Prohibited Imports) 
Regulations 1956.  Currently, only antibiotic subs tances 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 passeng er’s relative, and the amount does not 
exceed 3 months’ supply of the substance at the maximum dosage recommended  by the manufacturer of the substance; or G/LIC/N/3/AUS/7 
 
- 61 - 
 
  - antibiotics required for the use of an anim al 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 sporting event, and for use in the treatment of a member or members of that group or an animal that is being imported and is 
under the care of the group. 
 
- Goods to which regulation 5G of the Customs (Prohibited Imports) Regulations 1956 refer, 
that is, goods, which are, listed in Schedule 7A to the Regulations. Schedule 7A currently 
lists therapeutic goods which are mostly, hormones.  Exemption applies where: 
- the substance is required for the medical treatment of a person who is a passenger on 
a ship or aircraft; and 
- the substance is imported into Australia on the ship or aircraft; and 
- the substance was prescribed by a medical practitioner for that treatment; and - the amount of the substance imported does not exceed the amount of the substance 
prescribed by the medical practitioner for the person receiving the treatment. 
 However, the above exemption does not apply if the goods are required for the medical treatment of a person who is an athlete within 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 Custom s (Prohibited Imports) Regulations 1956 refers, 
that is, goods listed in Schedule 8 to the Regulations.  Schedule 8 includes anabolic or androgenic substances. 
 
3.  The regulation applies to the importation of therapeutic goods from all countries.  4.  The controls under the Therapeutic Goods Act 1989  safeguard public health in Australia through 
regulation of the quality, safety and efficacy or performance of therapeutic goods intended for 
supply in Australia.  
The controls under the Customs (Prohibited Imports) 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 no t be accessible to the general public via personal 
import arrangements.  The importation of antibiotics is regulated as a public health measure.  It 
also allows information on the distribution and consumption of antibiotics in Australia to be obtained.  Goods listed in Schedules 7A and 8 to the Regulations are 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 restrict the quantity or volume of 
imports.  
5.  The controls on importation of therapeutic goods are statutory requirements under the 
Therapeutic Goods Act 1989 , and associated regulations, and under the Customs Act 1901 , and 
associated 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 in advertently arrived at 
the point of entry. 
 (b) Permits may be issued immediately if a genuine emergency exists. 
 
(c) Permits may be issued at any period of the year.   G/LIC/N/3/AUS/7 
 
- 62 - 
 
  (d) Applications for import permits under regulations 5A, 5G and 5H of the Customs (Prohibited 
Imports) Regulations 1956 are processed an d issued within the Therapeutic Goods 
Administration (TGA). 
 
8 .   I f  a n  i m p o r t  p e r m i t  u n d e r  r e g u l a t i o n s  5 A ,  5G or 5H of the Customs (Prohibited Imports) 
Regulations 1956 is refused, the applicant is notified in writing of the reasons for refusal.  A request for review of the refusal can be made to the Australian Government Minister who 
administers the Therapeutic Goods Act 1989 , within 90 days after the decision first comes into the 
importer’s notice.  In the case of the applicant being dissatisfied with the Minister’s finding, an 
application for a review of the Minister’s decision can be made to the Administrative Appeals Tribunal. In addition, an appeal may be made on the decision-making process itself under the 
Administrative Decisions (Judicial Review) Act 1977 . 
 Eligibility of Importers to Apply for Licence 
9.(a) Not applicable. 
 (b) 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 Requirements for Application for Licence 
10.  For permission to import antibiotics under  Regulation 5A (1) of the Customs (Prohibited 
Imports) Regulations 1956, applications should be made in writing, including the following information: 
 
- importer's name and address; - name of the manufacturer and location of the manufacture; 
- details of the goods to be imported (whe ther 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 purposes, further documentation or 
evidence may be required. 
 
11.  Import authorisation is usually issued in the form of a permit, but may be by letter of 
authority.  
12.  There is no licensing fee or administrative charge. 
 13.  There is no deposit or advance payment requirement associated with the issue of licenses. 
 
Conditions of Licensing 
14.  Import permits may apply to one consignment only, or remain valid for successive 
consignments within a stated period (usually one year). 
 
15.  There is no penalty for the non-utilisation of a permit or a portion of a permit.  
16.  Permits are not transferable between importers. 
 17.  Conditions are not usually related to the quantity imported for substances named in 
Regulation 5A (1) of the Customs (Prohibited Imports) Regulations 1956.  Permits issued for 
substances in Schedules 7A and Schedule 8 of  the Regulations are subject to individual G/LIC/N/3/AUS/7 
 
- 63 - 
 
  quantitative restrictions.  However, there is no annual quota or annual quantitative restrictions 
applicable to these goods required under the legislation or under an international agreement.    The quantitative restriction applies to individual importers as a condition of the import permit and 
is based on established need and end use. 
 Import permits may also cite such matters as: 
 
- 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 commercial supply should familiarise themselves with the 
requirements of the Therapeutic Goods Act 1989  in relation to the importation of therapeutic 
goods for supply in Australia.  Further information is available at http://www.tga.gov.au/ . 
 
19.  Not applicable.  
28  UNMANUFACTURED TOBACCO LEAF   
Outline of system 1.  The importation of unmanufactured tobacco leaf is prohibited under provisions of the Customs 
Act 1901  (Customs Act) and the Customs (Prohibited Imports) Regulations 1956 (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 dealt with must be licensed under the Customs Act.  
Purposes and coverage of licensing 
2.  The goods covered include tobacco that is no t stemmed or stripped and includes whole tobacco 
plants or leaves in the natural state, or as cured or fermented leaves. Licensed tobacco 
manufacturers and dealers who also hold a permission to import unmanufactured tobacco leaf 
(permission) are able to import these goods as an input to manufacture or more generally deal in tobacco seed, plant or leaf.  
 
3.  The system applies to unmanufactured 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. 
 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 legislative requirement under Sections 25 (Manufacturers) and 33 
(Dealers) of the Excise Act.  There is no administrative discretion – manufacturers or dealers in 
tobacco leaf must be licensed under the Excise Act.  The  control cannot be abolished without 
legislative approval. 
 
A Customs warehouse licence is issued under Section 79 of the Customs Act.  Anyone intending to use imported goods in excise manufacture must enter those goods for warehousing in a Customs 
licensed warehouse.  Those goods must then be administratively transferred to a warehouse licensed G/LIC/N/3/AUS/7 
 
- 64 - 
 
  by the Australian Tax Office (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 licence 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 ACBPS.  As imported tobacco leaf can only be imported into Australia by entering it into a warehouse licensed under the Customs Act, the ATO has responsibility for licensing any warehouse that would store this product.  
 
8.  Failure to meet the ordinary criteria, as descr ibed in sections 39, 39A, 39B & 39C of the Excise 
Act, are grounds for refusing to grant a manufacturer or dealer licence.  These grounds include 
where the applicant is not deemed fit and proper , the applicant does not have the skills and 
experience to carry out the activity, or the applicant does not have a market for the goods.  When a licence is refused, the applicant is provided with reasons for the decision in writing.  Applicants 
have a right to object under section 39Q of the Excise Act. 
 Sections 80 and 81 of the Customs Act are the key requirements that are considered when assessing an application for a Customs warehouse licence.  These grounds are similar to those 
listed in the Excise Act.  When a licence is refused, the applicant is provided with reasons for the 
decision in writing.  Applicants have a right to object to the Administrative Appeals Tribunal under section 273GA(1)(b) of the Customs Act. 
 
Regulation 4D of the Customs PI Regulations states that consideration must be given to the applicant’s compliance with the Excise Act and any other relevant matters when assessing a 
permission to import unmanufactured tobacco leaf.  The same regulation allows a person who is 
dissatisfied with a decision to object to it in the manner set out in Part IVC of the Taxation 
Administration Act 1953 . 
 
Eligibility of importers to apply for licence 
9.  Yes.  As long as the person or business has a site to be licensed in Australia they can apply.  
Excise and Customs licences are linked to sites as well as the individual or company applying.  
Each site operated by a single entity must be licensed separately so that the licence application 
can be assessed in terms of appropriateness of site security, plant and equipment, and stock 
recording for each site. 
 
In relation to the permission, the entity must hold  either an Excise manufacturer or dealer licence, 
and the site where imported tobacco is to be dealt with must be licensed under the Customs Act.  
(a)  Not applicable. 
 (b)  Not applicable. 
 
Documentational and other requirements for application for licence 
10.  An application for a Licence to Manufacture 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.  G/LIC/N/3/AUS/7 
 
- 65 - 
 
  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 Excise, 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 applicant ma y be required to send additional documents in 
support of their claims - for example, a business plan, evidence of a market, details of security 
arrangements or insurance policy details.  
There is no specified application form for the permission, although a written application must be 
lodged providing the Commissioner with any information 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 importation documentation required by the ACBPS.  
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 an nual renewal fee of A$4000.  If the licence holder 
is only dealing in imported goods to be used in the manufacture of excisable goods, then the initial 
fee is A$1000 and there is no renewal fee.     13.  No. 
 
Conditions of licensing 
14.  A licence to manufacture or deal in tobacco is valid for 3 years and must be renewed before the 
end of the 3 year period.  The validity of a licence can be extended if it is approved for renewal by 
the ATO.  The associated permission is valid for the same period as the licence although, rather 
than being renewed, it must be re-issued.  This is an administrative requirement only.  
  
In contrast, a warehouse licence is valid for 1 year only and must be renewed annually.  The validity of a licence can be extended if it is approved for renewal by ATO staff operating under 
Customs delegation. 
 
15.  No.  
16.  Excise manufacturer, dealer or Customs warehouse licences are not transferable.  Although 
the ATO licenses the site, the licence cannot 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 the revenue or to ensure compliance with the 
relevant Acts. There are no limitations on the conditions that can be applied on a permission under Regulation of the Customs PI Regulations. 
  
Other procedural requirements 
18.  No. 
 
19.  Not applicable.  G/LIC/N/3/AUS/7 
 
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  Links to legislation 
 
Excise Act 1901 http://www.comlaw.gov.au/ComLaw/L egislation/ActCompilation1.ns f/current/bytitle/0F665CB0FC4
9A6CFCA257758001AC994?OpenDocument&mostrecent=1   
 
Customs Act 1901 
http://www.comlaw.gov.au/ComLaw/L egislation/ActCompilation1.ns f/current/bytitle/9E55A8CA0D
3361D2CA257781001BCB82?OpenDocument&mostrecent=1  
 
Customs (Prohibited Imports) Regulations 1956 
http://www.comlaw.gov.au/comlaw/L egislation/LegislativeInstrume ntCompilation1.nsf/current/byti
tle/87EFF41BDFD47D37CA2576DA0022AAD 6?OpenDocument&mostrecent=1  
 
Taxation Administration Act 1953 
http://www.comlaw.gov.au/ComLaw/Legislation/A ctCompilation1.nsf/curre nt/bytitle/1B186AA9BA
BE49ECCA25777C0008DD9C?OpenDocument&mostrecent=1  
 
29  VIABLE MATERIAL DERIVED FROM HUMAN EMBRYO CLONES 
Outline of system 
1.  The Prohibition of Human Cloning for Reproduction Act 2002  (section 23C) required the Minister 
who administers the Customs Act 1901  to make regulations “permitting, subject to appropriate 
conditions or restrictions, the import and export of human embryonic stem cell lines which have been derived from human embryo clones using practices consistent with Australian legislation”.  
 
The relevant regulations are the Customs Amendmen t Regulations 2009 (No. 3) (Select Legislative 
Instrument 2009 No. 186), the Customs (Prohi bited Exports) Amendment Regulations 2009 
(No. 1) (Select Legislative Instrument 2009 No. 187) and the Customs (Prohibited Imports) 
Amendment Regulations 2009 (No. 3) (Select Legislative Instrument 2009 No. 188).  The regulations prohibit the import or export of vi able 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 th e time of import or export. 
 Although the first embryonic stem cell lines fr om human embryo clones were reported in 
May 2013, a request for permission to import or export such material has not yet been made.  
Details of the permit system will be develo ped as required and prospective importers and 
exporters can contact the National Health and Medical Research Council (NHMRC) for information. 
 
Purposes and coverage of licensing 
2 .   T h e  p e r m i t  s y s t e m  r e l a t e s  t o  t h e  i m p o r t  o r  e x p o r t  o f  v i a b l e  m a t e r i a l  d e r i v e d  f r o m  h u m a n  embryo clones and is necessary to give effe ct 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 
o r  e x p o r t  o f  v i a b l e  m a t e r i a l  d e r i v e d  f r o m  h u m a n  e m b r y o  c l o n e s  u n l e s s  t h e  M i n i s t e r  o r  a n  authorised person has granted permission.  
5.  The relevant legislation is cited above at question 1. 
 Obtaining a permit under the legislation is a statutory requirement in all circumstances.  All 
materials covered by the definition of “viable mate rial” derived from a “human embryo clone” will 
require a permit.  This is not subject to administrative discretion.  The system cannot be abolished without legislative approval. 
 G/LIC/N/3/AUS/7 
 
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  Procedures 
6.  Not applicable. 
 7.(a) An application for a licence should be made well in advance of the proposed import or 
export.  As the details of the system have no t been finalised it is not possible to provide 
specific information.  However, the time taken to consider an application for a licence will vary depending on the circumstances of the import or export and the completeness of 
information provided.   
 (b) It is unlikely that immediate granting of a permit will be possible given the information 
required and the time needed to assess it. 
 
(c)  No.  
(d)  The NHMRC will have responsibility for administering the permit system and will provide 
advice to 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 made on the decision-making process itself under the 
Administrative Decisions (Judicial Review) Act 1977 . 
 Eligibility of importers to apply for licence 
9.(a)  Not applicable.  (b)  Yes.  However, a person or organisation seeking an import permit must satisfy the 
Authorised Person specified in the regulations that they are capable of complying with any 
conditions attaching to the permit. 
 In relation to persons or organisations applying for an export permit it is expected that only the 
person or organisation that derived the viable material in Australia would be eligible to apply.  
Such persons or organisations would need to hold a licence issued under the Research Involving 
Human Embryos Act 2002  authorising the creation of the hum an embryo clone and derivation of 
viable material from it.   
 Documentational and other requirements for application for licence 
1 0 .   A s  n o t e d  a b o v e  t h e  d e t a i l s  o f  t h e  p e r m i t  s y s t e m  h a v e  n o t  b e e n  f i n a l i s e d .   H o w e v e r ,  t h e  importer or exporter will be required to demonstrate that the viable material has been obtained using practices consistent with Australian legislation.  This will include providing evidence that the viable material has been derived or obtained legally and ethically.  Information and application 
forms will be available from the NHMRC website ( http://www.nhmrc.gov.au ).  
 
11.  An approval under the Legislation, such as a permit, must be obtained prior to import or 
export and is required to be produced at the time of import or export. 
 12.  There is no licensing fee or administrative charge. 
 
13.  There is no deposit or advance payment requirement associated with the issue of permits.  Conditions of licensing 
14.  The period of validity of a permit will be the period set out in the permit.  Details are not yet available.  
15.  No.   
 16.  Given the requirements for obtaining the permit, it is unlikely that the system will allow for 
transfer of permits between importers or exporters.   G/LIC/N/3/AUS/7 
 
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  17.  The regulations allow for conditions to be attached to permits.  The details of such conditions 
have not yet been finalised.  Failure to comply with the conditions can lead to revocation of the permit.  
Other procedural requirements 
18.  Customs and quarantine controls may be relevant. 
 
19.  Not applicable. 
 30  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: http://www.comlaw.gov.au/Details/F2012C00563  
 
Purposes and coverage of licensing 
2.  The goods covered are weapons, crowd cont rol goods and laser pointers as specified at 
Schedule 3 and Schedule 13 of the Customs (Prohibited 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 are complied with and the written permission of 
the Minister, or an authorised person, is granted - applications are processed through the ACBPS.  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 State 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 authoris ed person, is granted - applications are processed 
through the ACBPS.   
 The importation of goods specified in Schedule 6 is prohibited unless the conditions, restrictions or 
requirements specified are complied with and th e 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 may be imported with certification by the Police in the State or Territory of residence or importation. 
 
3.  The regulations apply to importations from all countries.  
4.  The Customs (Prohibited Imports) Regulations 1956 are not intended to restrict the quantity or 
volume of imports, however, import permission for these goods is valid for a quantity specified on the permission and is valid for one importation only. 
 
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. G/LIC/N/3/AUS/7 
 
- 69 - 
 
  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 require State or Territory approval for the 
possession and sale of the goods.  Applications for import permits required under Schedule 3 
and Schedule 13 are processed by the ACBPS or the relevant State or Territory Police where 
appropriate.  Applications for import permit s required under Schedule 6 are processed by 
the Attorney-General’s Department, or the relevant State or Territory Police where 
appropriate. 
 8.  Application for permission to import can be refused at the discretion of the 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 institutions are eligible to apply. 
 
Documentational and other requirements for application for licence 
10.  Applications must be made in writing to the Minister, or an authorised person.  The application 
must include supporting documentation showing the importation complies with the relevant 
conditions, restrictions or requirements specified are complied with and confirmation that the 
goods can be possessed or sold on the relevant State or Territory.  The application form for Schedule 3 and 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/CrimeAndCorruption/Fire arms/Documents/Application%20Form%20Firearm
s%20Importation.pdf . 
 
11.  A copy of the permission from the Minister or  authorised person is required upon importation. 
 12.  There is no licensing fee.  
13.  There is no deposit or advance payment requirement associated with the issue of licenses. 
 Conditions of licensing 
14.  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.  G/LIC/N/3/AUS/7 
 
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  31  WOOLPACKS 
Outline of system 
1.  The importation of woolpacks is prohibited under the provisions of the Customs Act 1901  and 
Customs (Prohibited Imports) Regulations 1956  unless the permission of the Australian 
Government Minister for Agriculture or an authorised person, is granted; or a test certificate issued 
by a prescribed testing authority certifying that the woolpacks conform to Australian standards, is produced. 
 
Purposes and coverage of licensing 
2.  The goods covered are new woolpacks : unless th e permission of the Minister for Agriculture or 
an authorised person is obtained; or a test certificate issued by a prescribed testing authority, 
certifying that the woolpacks conform to Aust ralian Wool Exchange (AWEX) standards, is 
produced.  
Second-hand woolpacks and woolpack caps: unless the permission of the Minister for Agriculture 
or an authorised person is obtained.  The importation of second-hand woolpacks for use as containers of wool is not permitted. 
 
3.  The regulations apply to the importation of woolpacks from all countries.  4.  The importation of woolpacks is regulated to ensure adequate pack strength and to minimise 
fibre contamination of the Australian wool clip.  The Customs (Prohibited Imports) Regulations are 
not intended to restrict the quantity or volume of imports.  
5.  The control on importation of the specified goods is a statutory requirement under Regulation 
4K of the Customs (Prohibited Imports) Regulations 1956 made under the Customs Act 1901 .  The 
system cannot be abolished without legislative approval. 
 
Procedures 
6.  Not applicable.  
7.(a) Application should be made in advance of a rrival of the goods.  In certain circumstances, 
import permission can be given for goods whic h 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 conform to Australian Wool Exchange (AWEX) standards. 
Applications for import permission are issued by officers of the Department of Agriculture 
authorised by the Minister for Agriculture. 
 
8.  Application for permission to import can be refused at the discretion of the Minister for 
Agriculture or an authorised person, if the ordinary criteria are not met.  There is no right of appeal against the Minister's (or authorised pers on’s) decision. However, an appeal may be made 
on the decision-making process itself under the Administrative Decisions (Judicial Review) 
Act 1977 . 
 Eligibility of importers to apply for licence 
9.(a) Not applicable.  (b) All persons, firms and institutions are eligible to apply for permission to import. 
 G/LIC/N/3/AUS/7 
 
- 71 - 
 
  Documentational and other requirements for application for licence 
10.  For permission to import applications must be made in writing to the Minister for Agriculture.  
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 requirement associated with the issue of licenses. 
 
Conditions of licensing 
14.  Permits apply to one consignment only.  
15.  There is no penalty for the non-utilisation of a license or a portion of a license. 
 16.  Licenses are not transferable between importers. 
 
17.  Conditions may be applied regarding the custody, use, disposal or destruction of the imported woolpacks or woolpack caps for the purpose of ensu ring that they are not used otherwise than for 
the purpose for which the permission is granted. 
 Other procedural requirements 
18.  No. 
 
19.  Not applicable. 
__________