G/LIC/N/3/AUS/8  
 
1 March 2016  
(16-1246)  Page: 1/72  
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 - 2015 
AUSTRALIA  
The following communication, dated 27 January 2016, 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) ................................................ 11  
6   CHEESE, CERTAIN TYPES ........................................................................................... 12  
7   CHEMICAL WEAPONS, CHEMICALS AND THEIR PRECURSORS .................................... 15  
8   COUNTERFEIT CREDIT CARDS ................................................................................... 18  
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 ................................................................................................................ 28  
14   IMPORTS TO ANTARCTICA ...................................................................................... 30  
15   IMPORTS TO TERRITORY OF HEAR D ISLAND AND MCDO NALD ISLANDS ................. 32  
16   INCANDESCENT (F ILAMENT) LAMPS ....................................................................... 33  
17   INDUSTRIAL  CHEMICALS ........................................................................................ 35  
18   MOTOR VEHICLES .................................................................................................... 38  
19   NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED CHEMICALS ......... 41  
20   OBJECTIONABLE ITEMS ........................................................................................... 45  
21   ORGANOCHLORI NE CHEMIC ALS .............................................................................. 47  
22   OZONE-DEPLETING SUBSTANCES AND SYNTHETIC GREENHOUSE GASES ................ 49  
23   PLASTIC EXPLOSIVES.............................................................................................. 53  
                                               
1 See document G/LIC/3, Annex, for the Questionnaire. G/LIC/N/3/AUS/8 
 
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  24   RADIOACTIVE SUBSTANCES .................................................................................... 55  
25   SECURITY SENSITIV E AMMONIUM NITRATE ........................................................... 57  
26   TABLET PRESSE S ..................................................................................................... 59  
27   THERAPEUTIC SUBS TANCES AND GOODS ................................................................ 60  
28   UNMANUFACTURED TOBACCO LEAF ......................................................................... 64  
29   VIABLE MATERIAL DERIVE D FROM HUMAN EM BRYO CLON ES.................................. 66  
30   WEAPONS AND CROW D CONTROL GOODS ............................................................... 68  
31   WOOLPACKS ............................................................................................................ 70  
 
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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 - https://www.comlaw.gov.au/Details/C2015C00422  
 
EPBC Regulations - https://www.comlaw.gov.au/Details/F2015C00673 
 
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 Act 1908 : Quarantine Regulations 2000 - 
https://www.comlaw.gov.au/Details/F2015C00632   
 
Sections of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) control the 
importation of some animals and plants.   
Information to be found at: https://www.comlaw.gov.au/Details/F2016C00106  
 
Purposes and coverage of licensing 
2.  Apart from exports, the EPBC Act regulates: 
 - the import of all live animals and plants; - the import of non-live animal 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 PI Regulations 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.  G/LIC/N/3/AUS/8 
 
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  4. The EPBC Act seeks to implement Australia’s obligations under CITES, by regulating 
international trade in wildlife and wildlife products, to contribute to the protection and conservation of species that are endangered, or could become endangered.  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.   
 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 Australian Government Department of Agriculture and Water Resources is responsible for 
administration of animal and plant quarantine legislation.  The Department of Immigration and Border Protection is responsible for administration of the PI Regulations. 
 
The legislation does not allow for administrative discretion regarding goods/items subject to import controls.  It is not possible for the government or  executive branch to abolish the systems without 
legislative approval. 
 
Procedures 
6.  Not applicable. 
 
7. (a) Applications should be made well in advance of arrival of the goods to allow time for the 
application to be assessed against the legislation and the relevant import policy.  Not all 
goods require an import permit and clearance to import can be given at the point of entry 
provided the import conditions have been met.  However, CITES permits cannot be issued retrospectively. 
 
(b) In the case of most importations in this category it will not be possible for permission to be 
issued immediately on request.  
 
(c) Permits may be issued at any period of the year. 
 (d) Applications for permission to import most animals, animal products, plants and plant products 
into Australia involve an approach to a single agency – Department of Agriculture and Water 
Resources – unless the specimens are listed under CITES or Part 2 of the List of Specimens 
taken to be Suitable for 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 and Water Resources’ Import Conditions database -http://www.agriculture. gov.au/imp ort/bicon .   I f  t h e  g o o d  t o  b e  i m p o r t e d  i s  r e g u l a t e d  b y  
more than one agency, import permission is generally required from both agencies before 
the good may be imported.  Live animals and plants must be included on the live import list under the EPBC Act before they may be imported. 
 
8.  An application to the Department of Agriculture and Water Resources for an import permit may only be refused under the ordinary criteria for such applications.  Reasons for refusal will be advised.  There are no formal structures in place under the quarantine legislation through which an 
appeal may be lodged regarding the refusal to grant an import permit.  G/LIC/N/3/AUS/8 
 
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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 and Water Resources.  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 th e Department of Agriculture website at:  
 http://www.daff.gov.au/biosecurity/i mport/application/elodgement 
http://www.daff.gov.au/biosecurity/impor t/application/manua l-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 BICON database ( http://www.agriculture. gov.au/import/bicon ) 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/app lication/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 and Water Resources may be found at:  http://www.agriculture.gov.au/imp ort/general-info/fees-charges -import/quarantine-fees-and-
charging-guidelines and http://www.agriculture.gov.au/imp ort/bicon/fees-i mport-permits. 
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 /biodiversit y/wildlife-
trade/permits/fees.html . 
 
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 and Water Resources permit 
applications. An application (processing) and asse ssment fee for a Department of Agriculture and 
Water Resources 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 Agri culture and Water Resources permits.  From time 
to time, a permit will be issued with a different va lidity, such as short term importation of artefacts 
for a museum exhibition. CITES permits issued by the Department 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.  G/LIC/N/3/AUS/8 
 
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  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. 
 
(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 (PI 
Regulations).  Importation into Australia of goods, the description of which includes or bears the word "Anzac", or 
advertising matter relating to those goods, is controlled by the PI Regulations and is prohibited 
except with the written permission of the Minister for Veterans’ Affairs (the Minister) or an authorised officer. 
 
It is highly likely that a person making an application to import "Anzac" goods under the PI Regulations will also need to apply to use the wo rd "Anzac" under the Protection of Word "Anzac" 
Regulations. 
 Purposes and Coverage of Licensing 
2.  Licensing system maintained and products covered include: Protection of Word "Anzac" 
Regulations and PI Regulations. 
 The Anzac Regulations prevent the use of the word  "Anzac" without the written permission of the 
Minister for Veterans’ Affairs. 
 The purpose of Regulation 4A of the PI Regulations is to prohibit the importation of all goods into 
Australia that include or bear the word "Anzac", unless: the person importing the goods is the 
holder of a written permit granted by the Minister for Veterans’ Affairs or an authorised officer; and the permit is produced at or before the time of importation.  The Minister or an authorised officer may specify conditions or requirements to be complied with by the holder of the permission 
or permit to import "Anzac" goods, and may, for any such condition or requirement, specify a time 
period before the permission expires.  The Minister  or an authorised officer may revoke permission 
where the conditions of the permit are not met. 
 
In certain circumstances, providing the goods obtain approval status, importers are able to obtain retrospective import approval after the goods have arrived in Australia.  However, if the "Anzac" 
goods in question do not receive ministerial approv al they may be seized or retained by the DIBP. 
 3.  The regulation applies to the importation of goods from all countries.   
4.  The PI Regulations are not intended to restri ct the quantity or value of imports.  The PI 
Regulations, in conjunction with the Protection of  Word "Anzac" Regulations, seek to protect the 
inappropriate use and commercial exploitation of the word "Anzac" and to protect the significance 
of the word. 
 5.  The controls on the importation of "Anzac" goods are statutory requirements and cannot be 
abolished without legislative approval. G/LIC/N/3/AUS/8 
 
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  Procedures 
6.  Not applicable. 
 7.(a) An application for the importation of "Anzac" goods into Australia should be made well in 
advance of the arrival of the goods.  Permit applications may take between six to twelve 
weeks to process because of the checks made on the individual or company applying to 
import the "Anzac" goods.  Checks are also undertaken on the nature of the goods and their 
intended use. 
 
The importation of "Anzac" goods is prohibited without written approval from the Minister for Veterans’ Affairs.  Goods that arrive into port  without approval will be seized by the DIBP. 
 
In addition to the PI Regulations, the Protec tion 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 PI Regula tions, and Permission to Use Word "Anzac" in 
accordance with the Protection of Word "Anz ac" Regulations.  When considering permit 
applications, other authorities may be contacte d 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; G/LIC/N/3/AUS/8 
 
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  - a current copy of the company Australian Business Number (ABN) or Australian Company 
Number (ACN) registration; 
- product description, full colour copy of item and text; - letters of support from the ex-service community; 
- proposed date of import; 
- the duration permit is required; and - where applicable, the name of the end user and the use of the end goods. 
 
11.  A copy of the signed permit is required at the time of importation.  12.  There is no licensing fee or administrative charge. 
 
13.  There is no deposit or advance payment requirement associated with the issue of licenses.  
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) Re gulations 1956 (PI Regulations), the import of 
asbestos or goods containing asbestos is subject to prohibition. The regulations allow for the 
Minister administering the Work Health and Safety Act 2011  to grant permission to import 
asbestos.  
 G/LIC/N/3/AUS/8 
 
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  Purposes and coverage of licensing  
2.  Under the PI Regulations 1956, the import of  asbestos, or goods containing asbestos, is 
prohibited unless:  
(a) The asbestos or goods 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 mentio ned in Schedule 3B of the PI Regulations has 
now expired and is no longer applicable.  3.  The regulations apply to the importation of goods from all countries. 
 
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 PI Regulations made under the Customs Act 1901 .  The 
system cannot be abolished without legislative approval. 
 Procedures 
6.  Not applicable. 
 7.(a) Permission to import must be 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 Department 
of Immigration and Border Protection and its enforcement arm, the Australian Border Force 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 relation to asbestos available under the PI Regulations. 
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. 
 G/LIC/N/3/AUS/8 
 
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  (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 must be made in writing to the Minister. The application 
should include the following information: 
 - importer's name and address; 
- details of the goods to be imported including the reason or purpose for the importation, and 
where the goods are to be imported from; 
- details of the procedures to be used to package, label, transport and dispose of the goods; - an assurance the applicant will comply with 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 Department of Immigration and Border Protection and its enforcement arm, 
the Australian Border Force 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 
(PI Regulations) unless the permission of the Minister for Immigration and Border Protection, or an 
authorised person, has been obtained. 
 Purposes and coverage of licensing 
2.  The goods covered 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. 
 G/LIC/N/3/AUS/8 
 
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  4.  The PI Regulations are not intended to restrict  the quantity or value of imports. The importation 
of cat and dog fur products is regulated in response to animal welfare concerns.  5.  The control on the specified goods is a statutory requirement under Regulation 4W of the PI 
Regulations made under the Customs Act 1901 .  The control cannot be abolished without legislative 
approval.  
Procedures 
6.  Not applicable. 
 7.(a) Application should be made in advance of a rrival 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 permissi on 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. G/LIC/N/3/AUS/8 
 
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  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 
implementing CITES (as outlined in Paragraph 5) is enforced at the ports of entry by the DIBP 
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. G/LIC/N/3/AUS/8 
 
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(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 im port 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 . 
 
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: 
  
 G/LIC/N/3/AUS/8 
 
- 13 - 
 
  Number 
0406 Product Type 
Cheese and Curd Rate of Duty 
 
0406.10 Fresh (un-ripened or uncured) cheese, including whey cheese, and curd $A0.096/kg (a) 
$A1.220/kg (b) 
0406.20 Grated or powdered cheese, of all kinds $A0.096/kg (a) 
$A1.220/kg (b) 
0406.30 Processed cheese, not grated or powdered $A0.096/kg (a) 
$A1.220/kg (b) 
0406.40 Blue-veined cheese: 
- Roquefort, Stilton 
- Other Free (c) 
$A0.096/kg (a) $A1.220/kg (b) 
0406.90 Other Cheese: 
 Cheese, of  the following types:  
 made wholly from goats’ milk, other than feta or 
kasseri  
Free (c) 
 
  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  
 
$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, Japan or Thailand.  
4.  The licensing system is used to administer the tariff quota. 
 5.  The licensing system is maintained under the Customs Act 1901 , and the Customs Tariff 
Act 1995 .  The system cannot be abolished without legislative approval. 
 
Procedures 
6.I.  The names of annual tariff quota holders an d 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 Department of Immigration and Border Protection administer all aspects of the scheme. 
 G/LIC/N/3/AUS/8 
 
- 14 - 
 
  VIII. Tariff quotas are allocated to importers on the basis of historical trade performance involving 
quota usage.  The allocations of the cheese and curd quota are made to importers in July each year based on the actual usage of quota to import cheese and curd in the 23 months ending 31 May of that same year.  New importers are able to acquire tariff quota allocation 
on transfer from an existing holder of tariff quota. 
 IX. Not applicable. 
 
X. Not applicable.  XI. No. 
 
7.  Not applicable.  
8.  No circumstances exist for refusal to make an allocation beyond failure to meet the standard 
criteria.  
Allocations are made only in accordance with a Determination made in pursuance of Section 273B 
of the Customs Act 1901 , and published documentation such as relevant Department of 
Immigration and Border Protection Notices.  Allocations of quota to new parties are enacted by transfer by use of an approved form. 
 
The fixed annual amount of quota available for distribution is allocated to existing quota holders according to each quota holders’ previous import history of use of quota in the 23 months ending 
31 May prior to the next financial year allocation. The scheme does not provide for direct 
applications for quota and does not have a licensing system as such.  
The Department of Immigration and Border Protection has no record of refusals to make an 
allocation.  All decisions of an administrative nature are 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 
Department of Immigration and Border Protection  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.  G/LIC/N/3/AUS/8 
 
- 15 - 
 
  16.  Tariff quota allocations can be transferred between individuals and companies without 
limitation.  However, transfer transactions do not count as trade performance for the purpose of 
quota allocation.  
17.(a) No. 
 (b) No. 
 
Other procedural requirements 
18.  No. 
 
19.  Not applicable. 
 7  CHEMICAL WEAPONS, CHEMICALS AND THEIR PRECURSORS 
Outline of system 
1.  The importation into Australia of 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 (PI Regulations), from a country that is not a 
State Party to the Convention on the Prohibition of the Development, Production, Stockpiling and 
Use of Chemical Weapons and on their Destruction  (“Chemical Weapons Convention”), is 
prohibited.  
 
The importation of prescribed goods mentioned in Pa rt 4 of Schedule 11 of the PI Regulations 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 au thorised the positions of Director General 
and Assistant Secretary of Australian Safeguards and Non-Proliferation Office (ASNO) to grant permits; and 
 
- the permission is produced to the Department of Immigration and Border Protection 
(DIBP). 
  
These prohibitions do not apply to chemicals listed in Part 3 (except Items 1, 2 or 3) or Part 4 of 
Schedule 11 where they are in concentrations of less than 10% by weight of the goods, and there 
are no other Part 2, 3 or 4 chemical compounds in the goods. Such goods may be imported from 
both State Parties and non-State Parties without requiring a permit. 
 Purposes and coverage of licensing 
2.  Chemical compounds as mentioned in Part 2 or 3 of Schedule 11 of the PI Regulations from a 
country that is a State Party to the Chemical Weapons Convention and all Part 4 chemicals are 
regulated by a permit system.  A permit must be granted by the Minister for Foreign Affairs or an 
authorised person and produced to the DIBP. 
 
3.  The regulations apply to the importation of goods from all countries.  
4.  The PI Regulations are not intended to restrict  the quantity or value of imports. Australia is a 
Party to the Chemical Weapons Convention (CWC), and amongst other things, this treaty requires State Parties to declare trade in CWC-Scheduled chemicals, and to impose trade restrictions on transfers of the more toxic chemicals listed in Part 2 and 3 to non-State Parties.  Since 
implementing the treaty in 1997, Australia has regulated the Part 2 chemicals through use of 
permits.  In 2000, the permit system was extended to apply to Part 3 and 4 chemicals in response 
to stricter CWC provisions relating to Part 3 transfers and because less formal means of controlling 
and tracking were assessed as inadequate.   
 5.  The control on importation of the spec ified goods is a statutory requirement under 
Regulation 5J of the PI Regulations made under the Customs Act 1901,  but could also be relevant G/LIC/N/3/AUS/8 
 
- 16 - 
 
  to the Chemical Weapons (Prohibition) Act 1994 .  This restriction does not apply to goods that 
contain a chemical compound listed in Part 3 (except Items 1, 2 or 3) or Part 4 of Schedule 11 of the PI Regulations that is less than 10% by weight of the total and contain no other listed chemicals.  The system cannot be abolished without legislative approval. 
 
Procedures 
6.  Not applicable. 
 
7.(a) Application should be made in advance of arrival of the goods.  There are two types of 
permit: permits for chemicals in Part 2 of Schedule 11 of the PI Regulations  (Schedule 1 of the CWC) and permits for chemicals in Part  3 and Part 4 of Schedule 11 of the PI 
Regulations (Schedules 2 and 3 of the CWC).  Ch emicals 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 
goods contain no other chemical listed in Part 2 of Schedule 11 of the  PI Regulations.  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 DIBP with the details of import permit holders for Part 3 and 4 chemicals, including the company name, all chemicals listed on their import permit, and the 
tariff classification code used by the Importer (if known). 
 8.  Application for permission to import can be re fused on the discretion of the Minister for Foreign 
Affairs.  There is no right of appeal on the merits of the decision. However, an appeal may be 
made on the decision-making process itself under the Administrative Decisions (Judicial Review) 
Act 1977 . 
 
Eligibility of importers to apply for licence 
9. (a) Not applicable. 
 
(b) All persons, firms and institutions are eligible to apply for permission to import, however the 
chemicals from Parts 2 and 3 can only be imported from a country which is a State Party to the Chemical Weapons Convention (as listed on the Internet at 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; G/LIC/N/3/AUS/8 
 
- 17 - 
 
  - country of export (this can only be another State Party) – the goods must be shipped 
directly; transhipment through another country is not allowed; 
- name, CAS number, quantity 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.  
 Please note that as of 1 January 2015, ASNO releas ed a secure online system for existing import 
permit holders of CWC Scheduled Chemicals which has resulted in a simplified method for 
reporting and renewal of import permits. Further information can be found at: 
 http://dfat.gov.au/about-us/publications/Pages/t he-chemical-weapons-convention-information-
for-importers-and-exporters-of-chemicals-2014.aspx   
 
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 DIBP at the time of import.  Where Part 2 chemicals are imported, the importer must also 
notify ASNO of the actual arrival date within 30 days of shipment entry.  
12.  No. 
 13.  No. 
 
Conditions of licensing 
14.  Permits for chemicals in Part 2 of Schedule 11 of the PI Regulations apply to one consignment 
only and are valid for three months.  A new application is required for each import. 
 
Permits for chemicals in Part 3 and 4 of Schedule 11 of the PI Regulations may be for multiple importations and are valid for up to 12 months. Permits may be reissued on an annual basis on 
request, provided all permit conditions are met, including reporting annually to ASNO on actual 
quantities of chemicals imported. Permits may also be varied at any time.  
15.  No. 
 16.  No.  
17.  A permission granted under Regulation 5J of the PI Regulations may specify conditions or 
requirements to be complied with by the holder  of the permission.  Permit requirements for 
chemicals in Parts 3 and 4 of Schedule 11 includ e 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 revo ke 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 G/LIC/N/3/AUS/8 
 
- 18 - 
 
  chemicals are exceeded.  However, the requirements  for operational permits as specified under the 
Act are not linked to the timing of imports.  19.  Not applicable. 
 
8  COUNTERFEIT CREDIT CARDS 
Outline of system 
1.  The importation of counterfeit credit, debit or charge cards is prohibited under provisions of the 
Customs Act 1901  and the Customs (Prohibited Imports) Regulations 1956 (PI Regulations), unless 
the permission of the Minister administering the Australian Federal Police Act 1979 – presently the 
Minister for Justice – has been obtained.   
 
Purposes and coverage of licensing 
2.  The goods covered are any non-genuine credit, debit and charge cards that are made to imitate 
and pass for genuine cards.   
 3.  The system applies to any non-genuine credit, debit and charge cards that are made to imitate 
and pass for genuine cards originating from all countries. 
 4.  The PI Regulations are intended to prohibit the importation of counterfeit credit, debit or charge cards. 
 
5.  The control on the specified goods is a statutory requirement under PI Regulations made under the Customs Act  1901.  The control cannot be abolished without legislative approval.  
 
Procedures 
6.  Not applicable. 
 
7.(a)  Applications for permission to import should be made in advance of 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. G/LIC/N/3/AUS/8 
 
- 19 - 
 
  Conditions of licensing 
14.  The Minister may specify a time period for the validity of the permission.   
 15.  There is no penalty for the non-utilisation of a license or a portion of a license. 
 
16.  Permits/licenses are not transferable between importers.  
17.  Conditions may be imposed on the permission and quantities are specified. 
 Other procedural requirements 
18.  No. 
 
19.  Not applicable.  
9  DOG 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) Regu lations 1956 (PI Regulations), unless the 
permission of the Minister for Immigration and Border Protection, or an authorised person, has been obtained.  
Purposes and coverage of licensing 
2.  The goods covered are: dog collars, incorporating apparatus designed to puncture or bruise an 
animal’s skin. 
 
3.  The system applies to importations from all countries.  
4.  The PI Regulations are not intended to restrict the quantity or value of imports.  The 
importation of protrusion dog collars is regulated in response to animal welfare concerns.  5.  The control on the specified goods is a statutory requirement under Regulation 4 Schedule 2, 
Item 10 of the PI Regulations made under the Customs Act 1901 .  The control cannot be abolished 
without legislative approval.  
Procedures 
6.  Not applicable. 
 
7.(a) Application should be made in advance 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. 
 G/LIC/N/3/AUS/8 
 
- 20 - 
 
  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: 
- 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 (PI Regulations). 
 For goods to which, or to the coverings of which,  there is applied a representation of the arms, a 
flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag or a 
seal of the Commonwealth as to be likely to deceive, specified conditions must be complied with. The goods must not be imported unless the design has been approved in writing by the Secretary to the Department of the Prime Minister and Cabinet or an authorised person; and if the collector 
asks the importer to produce the approval, the importer produces it. 
 For goods to which, or to the coverings of which,  there is applied a representation of the arms, a 
flag or a seal of a State or Territory of the Commonwealth or a representation so nearly 
resembling the Arms, a flag or a seal of a State or Territory of the Commonwealth as to be likely to deceive; or a representation of the Royal Arms or a representation so nearly 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 G/LIC/N/3/AUS/8 
 
- 21 - 
 
  - goods to which, or to the coverings of which, there is applied a representation of the arms, a 
flag or a seal of a State or Territory of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of a State or Territory of the Commonwealth as to be likely to deceive; and 
 
- goods to which, or to the coverings of which,  there is applied a representation of the Royal 
Arms or a representation so nearly resembling the Royal Arms as to be likely to deceive.  
 
3.  The system applies to the importation of goods originating from all countries.  4.  The PI Regulations are not intended to restrict the quantity or value of imports. 
 
The importation of goods bearing the arms or having  applied to them a representation of a flag or 
seal of the Commonwealth or a State or Territory was introduced to act as a quality control 
measure to ensure that representations are realis tic, of good quality, preserve the dignity and 
integrity of national symbols and do not breach other legislation.   
5.  The control on the specified goods is a statutory requirement under Regulation 4, Schedule 2 
(State and Territory flags, arms and seals; and the Royal Arms) and Schedule 3 (Commonwealth flags, arms and seals) of the PI Regulations made under the Customs Act 1901 .   
 
For goods to which, or to the coverings of which,  there is applied a representation of the arms, a 
flag or a seal of a State or Territory of the Commonwealth, the Minister for 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: G/LIC/N/3/AUS/8 
 
- 22 - 
 
  - the importer’s name and address; 
- a description of the goods; and - a copy of the  design.   
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 importatio n of goods deemed to be hazardous is prohibited 
under the Customs Act 1901 , the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) 
and the Competition and Consumer Act 2010 . Only the responsible Minister or an authorised 
person can grant permission to import banned goods.   
 
Purpose and Coverage of Licensing 
2.  Goods covered under these Acts include: 
 
Goods listed under Schedule 2 in relation to Regulation 4 of the PI Regulations: 
 
 Cosmetic products containing more than 250 mg/kg of lead or lead compounds 
(calculated as lead), except products containing more than 250mg/kg of lead 
acetate designed for use in hair treatments. 
 G/LIC/N/3/AUS/8 
 
- 23 - 
 
   Erasers that resemble food in scent or appearance, that contain more than: 
(a) 90 mg/kg of lead; or 
(b) 25 mg/kg of arsenic; or 
(c) 60 mg/kg of antimony; or 
(d) 75 mg/kg of cadmium; or 
(e) 500 mg/kg of selenium; or 
(f) 60 mg/kg of mercury; or 
(g) 60 mg/kg of chromium; or 
(h) 1000 mg/kg of barium. 
 
 Money boxes coated with a material that contains more than 90 mg/kg of lead. 
 
 Toys coated with a material the non-volatile 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 Regulation 4E of the PI Regulations: 
 
 Glazed ceramic articles normally used for or in connexion with the storage or 
consumption of food containing lead or cadmium in an amount per volume beyond 
permissible levels specified in schedule 7 of the PI Regulations. 
 Goods listed in Regulation 4S of the PI Regulations:   
 Certain cigarette lighters. 
 
Goods listed under Schedule 12 in relation to Regulation 4U of the PI Regulations: 
 
 Glucomannan in tablet form. 
 Seat belt accessories and similar goods designed to induce and maintain slack in 
retractor seat beats. 
 Sun visors that do not comply with Australian Design Rule No. 11. 
 Victim toys. 
 Chewing tobacco and snuffs intended for oral use, imported in amount greater 
than 1.5 kilograms. 
 Underwater breathing apparatus consisting of an air pump, powered by the user’s 
legs, that supplies air drawn down from the water’s surface in a compressed state 
dependent on the user’s effort. 
 Devices that enable a water skier to be released quickly in the event of a mishap in 
the water. 
 Gas masks that contain asbestos. 
 Candles with wicks that contain greater than 0.06% lead by weight and candle 
wicks 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/8 
 
- 24 - 
 
  3.  The regulations apply to the importation of goods from all countries. 
 4.  The PI  Regulations  are not intended to restrict the quantity or value of imports. The importation 
of these goods is regulated due to safety concer ns for people and animals if the goods are used 
inappropriately. 
 5.  The control on importation of the specified goods is a statutory requirement under the PI  
Regulations  made under the Customs Act 1901 . The system cannot be abolished without 
legislative approval.  Procedures 
6.  Not applicable. 
 7.(a) Applications should be made in advance of arrival of the goods.  In certain circumstances, 
import permission can be given to goods that have inadvertently arrived at the point of 
entry. 
 
(b) Permission to import is granted by the 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 PI Regulations, the importer may complete a statutory declaration stating that a certificate of compliance has been 
issued and produce that statutory declaration to the responsible customs administration. 
 12.  There is no licensing fee or administrative charge. 
 
13.  There is no deposit or advance payment requirement associated with the issue of licenses.  G/LIC/N/3/AUS/8 
 
- 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 PI 
Regulations may be subject to conditions regarding custody, use, disposal or distribution of 
the imported goods. 
 
Other procedural requirements 
18.  No. 
 
19.  Not applicable. 
 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/8 
 
- 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 recycling and/or 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. The 
timeframes in the Act and regulations reflect th e timeframes provided for in the treaties on 
hazardous waste to which Australia is a party. 
 (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 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 transboundary movement of hazardous waste.  Refusal 
to accept the movement by any such country will result in the country of export being refused a permit.   
 
A statement of reasons for the Minister or their delegate’s refusal of a permit is 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 permit. 
 
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. 
  G/LIC/N/3/AUS/8 
 
- 27 - 
 
  Amongst other things, the Minister will consider whether the proposed manner for dealing with the 
hazardous waste is environmentally sound, the applicant is a suitable person to be granted a permit and has appropriate insurance.   
The form that is required to be used when applying for an import, export or transit permit may be 
accessed here: https://www.environment.gov.au/syste m/files/pages/91ef decc-94e6-41cb-b979-
64f580fd5518/files/aust-application-form-sept11.doc . 
 
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: https://www.comlaw.gov.au/Series/C2004A03937 .  
 
Additional documentation required with the application includes verification that the disposal is environmentally sound and safe, the capability of the processors to treat the material, and proof 
that appropriate insurances and contracts have been obtained/arranged. 
 11.  The import permit and a completed Movement/Tracking Form are required.  
 
12.  There are fees associated with the permit application process as specified in the Hazardous 
Waste (Regulation of Exports and Imports) (Fees) Regulations 1990 .  Current fees are as follows: 
Current fees for hazardous waste permits 
 Basel permit Special permit
 
 $ $  
Export permits   
New export permit 4440 480  
Export permit renewal 420 420  
Variation to export permit 370 370  
 
 
 Basel permit Special permit  
 $ $  
Additional fee per transit country 110 110  
Import permits   
Import permit for recovery 210 210  
Import permit (excluding for recovery) 270 270  
Variation to import permit for recovery 210 110  
Variation to import permit (excluding for recovery) 210 210  
Transit permits   
Transit permit 110 110  
Variation to transit permit 110 110  
 G/LIC/N/3/AUS/8 
 
- 28 - 
 
  Note: Basel permits involve countries that are a party to the Basel Convention. Special permits 
involve countries that are a party to a bilateral or multilateral Agreement with Australia under the 
Basel Convention. Source:  Hazardous Waste (Regulation of Exports and Imports) (Fees) 
Regulations 1990. 
 
The Minister may determine in writing that the prescribed fee payable in relation to a specified application or a specified notice is reduced by a specified amount.  
 
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 (PI Regulations) unless the permission of the 
Minister for Immigration and Border Protection, or an authorised person, has been obtained.  
Purposes and Coverage of Licensing 
2.  Ice Pipes are defined as a device that is capable of being used for administering 
methylamphetamine, or any other drug mentioned in  Schedule 4, by the drawing or inhaling of 
smoke or fumes resulting from heating the drug, in the device, in a crystal, powder, oil or base 
form. Components are also controlled and these are defined as a device which appears, on reasonable grounds, to be part of an ice pipe; and is capable of being used for administering a drug mentioned in Schedule 4, in the way described in the definition of ice pipe, only if adjusted, 
modified or added to.   
 3.  The system applies to the importation of goods originating from all countries. 
 
4.  The PI Regulations are not intended to restrict  the quantity or volume of imports. A permit can 
specify conditions or requirements including times for compliance and the number of Ice Pipes G/LIC/N/3/AUS/8 
 
- 29 - 
 
  allowed to be imported.  The Minister or an auth orised 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 stat utory requirement under Regulation 4I of the PI 
Regulations made under the Customs Act 1901 .  The control cannot be abolished without 
legislative approval.  
Procedures 
6.  Not applicable.  
 
7.  Where there is no quantitative limit on importation of a product or on imports from a particular 
country:  (a) Application should be made in advance of arrival of the goods. 
 
(b) Applications for permission to import can be  processed immediately provided all information 
is available and the application is considered to be urgent. 
 
(c) Permits may be issued at any period of the year.  
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. 
 
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. 
 G/LIC/N/3/AUS/8 
 
- 30 - 
 
  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. 
 
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.  G/LIC/N/3/AUS/8 
 
- 31 - 
 
  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  
 
11.  Inspectors appointed under the Act monitor actions to ensure they are undertaken in accordance with the approved permit. 
 
12.  There is no fee or administrative charge.  
13.  Not applicable.  
 Conditions of licensing 
14.  A permit’s period of validity is dependent on a project’s planned length. A proponent may 
apply to extend a permit’s period of validity.   15.  There is no penalty for the non-utilisation of a permit or a portion of a permit.  
 
16.  Permits are not transferable.  However, a permit may be varied to:  
- include additional names; and 
- omit existing names.  
A person to whom a permit has been granted (a principal) may authorise other persons to 
accompany one or more of the principals to carry on activities authorised by the permit.  17.  No. 
 
Other procedural requirements 
18.  There are no other administrative processes required. 
 
19.  Not applicable.  G/LIC/N/3/AUS/8 
 
- 32 - 
 
  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 (s14.1(b)). 
 3.  The system applies to goods from all countries (and from other parts of Australia). 
 
4.  The Territory of Heard Island and McDonald Islands Environment Protection and Management 
Ordinance 1987  is not intended to restrict the quantity or value of imports. 
 
5.  The Territory of Heard Island and McDonald Islands Environment Protection and Management 
Ordinance 1987  may not be repealed without legislative approval. 
 
Procedures 
6.  Not applicable. 
 
7. (a) Proponents are encouraged to submit permit applications as far in advance of their 
intended activity as practicable. Proponents should allow 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  2014-2024 , which includes 
the Territory.  The reasons for refusals are given to the applicant and the applicant has a right of 
appeal.  Particulars of refusals to grant permits are published in the Commonwealth Government 
Gazette and those particulars are accompanied by a statement to the effect that, subject to the Administrative Appeals Tribunal Act 1975 , application may be made to the Administrative Appeals 
Tribunal for the review of the merits of a decision to refuse to grant a permit by or on behalf of the 
person or persons whose interests are affected by the decision.  Alternatively, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) 
Act 1977 . 
 
Eligibility of importers to apply for licence 
9. (a) Not applicable. 
 
(b) Any person is eligible to apply for a permit to import into the Territory.  G/LIC/N/3/AUS/8 
 
- 33 - 
 
  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 - organization 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 currently imposed. S15(64) 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 energy  consumption and greenhouse gas emissions. The 
prohibition was brought into effect in advance of point of sale restrictions for these products.  Note 
that as no incandescent lighting of this type is manufactured in Australia this is an effective means of implementing the phase-out.  The Licensin g system is administered by the Engagement, 
Lighting and International Team, Department of Industry (energyrating@industry.gov.au,  
Ph. 61 2 6243 7000).  
 Purposes and coverage of licensing 
2.  The Customs (Prohibited Imports) Regulations 1956 (PI Regulations), Regulation 4VA relates to 
the prohibition of certain incandescent lamps without written permission from the Minister responsible for the Department of Industry, Innovation and Science or authorised person. 
 G/LIC/N/3/AUS/8 
 
- 34 - 
 
  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 PI Regulations.  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.border.gov.au/Importingandbuyinggo odsfromoverseas/Documents/acn_2009_04_light
globes_september_2014_000.pdf  
 
This system was put into place by virtue of re gulations published on the Australian Government’s 
Federal Register of Legislative Instruments websit e on 18 December 2008.  The system took effect 
on 1 February 2009. 
 
Procedures 
6.  Not applicable. 
 
7.  Processing normally takes two to three weeks. 
 8.  No applications have been refused to date however an application for import that did not 
provide evidence of an essential need for a prohibited lamp; and / or concerned the import of 
lamps for which an effective and efficient alternative was available may be refused.  
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. 
 
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. G/LIC/N/3/AUS/8 
 
- 35 - 
 
  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/regulation-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 PI Regulations unless the permission 
in writing of the Minister for Immigration and Bord er Protection is granted and presented to DIBP 
at the time of importation.  The permission must be issued in the name of the owner.  It may include strict conditions as to the application, disp osal 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. G/LIC/N/3/AUS/8 
 
- 36 - 
 
  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 PI Regulations made under the Customs Act 1901 . 
 The notification and assessment process, the registration process and the control on the 
importation of other industrial chemicals are prescribed in the Industrial Chemicals (Notification 
and Assessment) Act 1989 . 
 
These systems cannot be abolished without legislative approval.  
 Procedures 
6. Not applicable. 
 
7.(a) Registration must be in place before industrial chemicals may be imported.  The 
registration process required for individuals and companies intending to import relevant 
industrial chemicals may take up to 30 days.  Subject to section 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. 
  The notification and assessment of new chem icals may take several months depending on 
the amount of data available about the chemical. 
  For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls application for a permit should be made in advance of 
arrival of the goods. 
 (b) For the importation of polychlorinated biphen yls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls permits cannot  be issued immediately as they are only G/LIC/N/3/AUS/8 
 
- 37 - 
 
  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 issued 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, provided 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 . 
 
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. 
 G/LIC/N/3/AUS/8 
 
- 38 - 
 
  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. Permissi on granted under Regulation 4AB of the PI 
Regulations may specify conditions or requirements to be complied with by the holder of the permission.  
Other Procedural 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/ . 
 
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 . 
 G/LIC/N/3/AUS/8 
 
- 39 - 
 
  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.g ov.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 DIBP.  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.   Importers and 
permanent migrants must meet relevant customs and visa requirements of DIBP.   
 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.  
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. 
 G/LIC/N/3/AUS/8 
 
- 40 - 
 
  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 immigration and quarantine must be dealt 
with through the relevant agencies (DIBP and the Department of Agriculture). 
 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. 
 
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: G/LIC/N/3/AUS/8 
 
- 41 - 
 
  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 Australian Border Force and the Australian Quarantine 
Inspection Service must be met before a vehicle is imported into Australia.  In cases of immigrants importing their personal vehicle the requirements of the Department of 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 Customs (Prohibited Imports) Regulations 1956 (PI 
Regulations).  The licensing system covers persons involved in international trade of those substances listed in Schedule 4, their derivatives, precursors and related substances. These include the drugs and chemicals required to be controlled under the Single Convention on Narcotic 
Drugs, 1961 , the Convention on Psychotropic Substances, 1971 , and Table I and Table II of the 
Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, 1988 . 
 
An exemption applies in the case of a drug that is imported by a passenger on a ship or aircraft 
where the drug:  G/LIC/N/3/AUS/8 
 
- 42 - 
 
  (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 inte rnational treaties.  The PI Regulations are not 
intended to restrict the quantity or volume of imports.  
5.  The Customs Act 1901  and the PI Regulations govern the im portation of drugs.  The licensing 
of importers is a statutory requirement under paragraphs 50(3) (a) and (b) of the Customs Act 1901.  The drugs subject to control are specified in Schedule 4 under Regulation 5 of the PI Regulations.  This system cannot be abolished without legislative approval. 
 
Procedures 
6.I.  National import limits for substances controlled by the Single Convention on Narcotic Drugs 
are set by an estimates system administered by the International Narcotics Control Board 
(INCB).  The INCB publishes the estimates (import limits) for all parties to the Conventions.  Allocation of limits for imports from particular countries is not applicable.  Requests for 
exceptions and derogations from the licensing requirements must be directed to the Drug 
Control Section, 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. 
 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. 
 G/LIC/N/3/AUS/8 
 
- 43 - 
 
  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 so me substances (for example, if the drug is 
not approved in Australia, quarantine restrict ions, 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 Na rcotic 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 re quire 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 no t 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. 
 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 G/LIC/N/3/AUS/8 
 
- 44 - 
 
  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. 
 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.  G/LIC/N/3/AUS/8 
 
- 45 - 
 
  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 (PI Regulations) may not be imported without the prior written approval 
of the Attorney-General or by an authorised person. 
 Purposes and coverage of licensing 
2.  Objectionable goods include: computer games; computer generated images; films; interactive 
games; 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 PI Regulations. The goods 
may be considered objectionable if they advocate the doing of a terrorist act. Without limiting the above, computer games classified RC (Refused Classification) under the Classification 
(Publications, Films and Computer Games) Act 1995 are also considered objectionable goods. 
 3.  The regulations apply to the importation of goods from all countries.  
4.  The importation of these goods is regulated as a community protection measure.  Goods 
included are considered to be detrimental to the well-being of the community. The PI Regulations are not intended to restrict the quantity or value of imports. 
 
5.  The control on importation of the specified goods is a statutory requirement under Regulation 4A of the PI Regulations made under the Customs Act 1901 .  The system cannot be 
abolished without legislative approval. 
 Procedures 
6.  Not applicable. 
 
7.(a) 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 DIBP. This may happen when the applicant inadvertently fails to apply in advance, or does not realise the goods would be prohibited.  The same G/LIC/N/3/AUS/8 
 
- 46 - 
 
  processing time applies, and the Australian Border Force will delay destruction of the 
goods once they are notified an applicatio n for permission has been made.  If the 
permission to import is refused or granted subject to conditions the applicant will be notified of the decision by notice in writing within 30 days of the decision.  
 
(b) No.  
(c) Permits may be issued at any period of the year. 
 (d) An application for permission to import can be refused, or granted subject to conditions, 
on the discretion of the Attorney-General, or a person nominated by the Attorney-General. 
Under Regulation 4A(2A) of the PI Regulati ons the Attorney-General has appointed the 
Director and Deputy Director of the Classification Board as authorised persons to grant permissions to import.  Australian Border Force is responsible for determining whether 
goods are "objectionable" at the border and may seek advice from the the Australian 
Classification Board prior to making a determination.  
 
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. 
 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.  G/LIC/N/3/AUS/8 
 
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  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 
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 (PI Regulati ons) is prohibited unless written permission, 
either from the Minister responsible for the Aust ralian Government Department of Agriculture and 
Water Resources or an authorised officer, is provided to the Australian Border Force at the time of 
importation.  An authorised officer means an o fficer of the Department of Agriculture and Water 
Resources who is authorised in writing by the relevant Minister for the purposes of this regulation.  
Purposes and coverage of licensing 
2.  The organochlorine pesticides (OCPs) group of chemicals were once commonly used pesticides 
in agriculture and industry, however, they have since been found to produce harmful effects on 
animals, people and the 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) Re gulations 1995 and Regulation 5I of the PI 
Regulations made under the Customs Act 1901 .  The system cannot be abolished without 
legislative approval.  
 
Australia is a Party to the Stockholm Convention and these import controls are required of all Parties.  Australia would need to withdraw from the Convention in order to abolish these import 
controls. 
 Procedures 
6.  Not applicable, as no organochlorine chemicals are restricted 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 Australian Border Force will hold the shipment until a 
permit is granted. 
 G/LIC/N/3/AUS/8 
 
- 48 - 
 
  (b) Permits are not normally issued immediately.  Applications for permits are made to the 
Australian Government Department of Agriculture and Water Resources and normally processed within two (2) business days. 
 
(c) No, permits may be issued at any period of the year. 
 (d) Permits are issued by the Department of Agriculture and Water Resources and are 
presented by the importer to the Australian Border Force at the time of importation. 
 8.  Application for permission to import can be refused at the discretion of the Minister for Agriculture and Water Resources.  Reasons for refu sal would be explained to applicants.  There is 
no right of appeal against the Minister's decision. However, an appeal may be made on the 
decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence 
9. (a) Not applicable. 
 
(b) All persons, firms and institutions are 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.agriculture.gov.au/ag-farm -food/ag-vet-chemicals/stockholm-
rotterdam . 
  
The application should include the following information: 
 - importer’s name and address; and 
- details of the goods to be imported including the appropriate international codes, quantity, 
intended use, exporting country, date of import. 
 11.  The written permission of the Minister or authorised officer is required to be produced on 
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  PI Regu lations  may specify conditions or requirements 
to be complied with by the holder of the permi ssion, such as the use of the chemical (e.g. as a 
reference standard or for laboratory-scale experiment  only).  If the holder of the permission fails 
to comply with a condition or requirement the Minister may revoke the permission.  
Other procedural requirements 
18.  No. 
 
19.  Not applicable. 
 Further information can be found at http://www.agriculture.gov.au /agriculture-food/ag-vet-
chemicals/stockholm-rotterdam . G/LIC/N/3/AUS/8 
 
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  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) and licensing of imports of methylbromide.  
 
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 : 
o Import, export or manufacture of methyl bromide 
o Import, export or manufacture of bulk HCFCs, with import quotas set in line 
with Montreal Protocol phase-out obligations and Australia’s domestic policy to 
accelerate phase-out of HCFCs; 
o Import, export or manufacture of bulk hydrofluorocarbons, perfluorocarbons, 
and sulfur hexafluoride, with no restrictions on quantity. 
 
 Essential use : 
o import, export or manufacture of bulk chlorofluorocarbons, halons, carbon 
tetrachloride, methyl chloroform and bromochloromethane approved for 
essential use by the parties to the Montreal Protocol. 
 Used substances : 
o import and export of bulk used chlorofluorocarbons, halons, carbon 
tetrachloride, methyl chloroform, bromochloromethane, methyl bromide and 
hydrochlorofluorocarbons. 
o Precharged equipment containing synthetic greenhouse gases and 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 equipment, with less than 10kg tota l charge over a two year period. A typical low 
volume importer is an individual who is import ing a piece of equipment, either by itself or 
contained in another piece of equipment such as a motor vehicle. Importers who are eligible for this licence exemption are able to self-assess through the Ozone Licensing and Reporting Scheme. 
Importers equipment who are over this threshold co ntinue to require an import licence under the 
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 . 
 Strict conditions and reporting requirements apply in relation to all licences issued. 
 
The import and manufacture of refrigeration and ai r 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 apply to: 
 G/LIC/N/3/AUS/8 
 
- 50 - 
 
   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 ozone depleting substances are prohibited from im port, export or manufacture unless the Minister 
has granted an exemption.  An exemption under Se ction 40 of the Act is issued only where the use 
of a substance is essential for medical, veterinary , defence, industrial safety or public safety 
purposes and no practical alternative exists. 
 
Exemptions in limited circumstances can be given for the import or manufacture of certain products 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. 
 
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 ozone depleting substances and synthetic greenhouse gases and equipment 
containing these substances is prohibited under provisions of the Customs Act 1901  and the PI 
Regulations unless a licence has been obtained or the goods are exempt from 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 Australian 
Government Department of the Environment website and in an Australian database for business.  The Department of the Environmen t deals directly with holders of existing 
licences and new applicants.  There are no quotas on amounts to be imported from specific 
countries, but imports and exports of ozone depleting substances must be from countries that are Parties to the Montreal Protocol and its relevant amendments. The legislation does not provide for any exception or derogation from licensing requirements. 
 G/LIC/N/3/AUS/8 
 
- 51 - 
 
  II. Controlled substances, used substances and pre-charged equipment licences are issued 
biennially. Fixed end dates apply to controlled substances and used substances licences, while pre-charged equipment licences are valid for two years from the date of issue.  Each grant of a controlled substance licence for an ozone depleting substance specifies the 
amount permitted to be imported or manufactured during the licence period.  Essential use 
licences are issued annually.  Each licence specifies the amount and type of substance to be imported for the entire duration of the licence. 
 
HCFC import quotas are based on the total 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 HCFC quota 
holders are importers of substances.  Any company wishing to manufacture these 
substances in Australia would be subject to the same licensing and quota requirements as importers. 
 
Unused quotas are not added to those of the 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 Australian Government Department of the Environment 
website. 
 IV. Licence applications may be made at any time.  The Department of the Environment will 
seek licence reapplications for a new licence period up to six months prior to the 
commencement of the licence period. 
 
Consideration of a licence application may take up to 60 days The Ozone Protection and 
Synthetic Greenhouse Gas Management Act 1989  provides that if after 60 days the Minister 
has not granted a licence or sought more information, the application is deemed to be refused, unless a formal request for additional information has been made. A request for 
more information provides 60 days from the date of the request for more information, for 
the application to be granted or refused. If it is not granted in this period it is deemed to be refused. 
 
V. See IV above.  
VI. Licences can be granted at any time before or during a licence period. 
 VII. The authority to grant or refuse licences lies with the Minister for the Environment.  This 
power has been delegated to certain officers in the Australian Government Department of 
the Environment.  Applicants need only a pply 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 equipmen t 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. 
 (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. G/LIC/N/3/AUS/8 
 
- 52 - 
 
  (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 im ports, 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 /protection/ozone/licences . 
 
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 (Ozone Depleting Potential) tonne; Methyl Bromide - $135 per tonne; 
synthetic greenhouse gases - $165 per tonne.   
 13.  There is no deposit or advance payment requirement associated with the issue of licences. 
 
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 pers on 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. 
 
Other procedural requirements 
18.  No. 
 G/LIC/N/3/AUS/8 
 
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  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) Regulations 1956 (PI Regulations) and the Criminal 
Code Act 1995  (Cth) (Criminal Code).  Importation is lawful if the Commonwealth 
Attorney-General has issued a Permit under the PI Regulations and, if applicable, an Authorisation 
under the provisions of the Criminal Code.  The Criminal Code regime fulfils part of Australia’s obligation under the United Nations Convention on the Marking of Plastic Explosives for the 
Purpose of Detection  (Montreal, 1991) (the Convention).  
 
Purposes and coverage of licensing 
2.  The goods covered are plastic explosives.  Different requirements apply depending on whether 
plastic explosives are “marked” with a chemical marker specified in the Criminal Code. 
 3.  The DIBP and State and Territory import licensing and permissions systems apply to importers 
of plastic explosives from all countries, rega rdless of whether the explosives are marked. 
   The Criminal Code requirements apply to both imported and domestically produced explosive 
products from all countries.  That Authorisation scheme applies to importers of plastic explosives 
that are not marked.     
 4.  The PI Regulations are not intended to restrict  the quantity or volume of imports. There are no 
restrictions in relation to the quantity or value of imports of unmarked plastic explosives under the 
C r i m i n a l  C o d e  r e g i m e .   H o w e v e r ,  i n  e x e r c i s i n g  p o w e r  t o  g r a n t  a n  A u t h o r i s a t i o n ,  t h e  Attorney-General may have regard to whether the import of unmarked plastic explosives is 
reasonable.   
 5.  The control of plastic explosives is a stat utory requirement under Regulation 4AA of the PI 
Regulations made under the Customs Act 1901 .  The control cannot be abolished without 
legislative approval. The provisions requiring Authorisation to be obtained for certain dealings with 
unmarked plastic explosives under the Criminal Code cannot be abolished without legislative approval. 
 
Procedures 
6.  Not applicable. 
 
7. (a) No specific timeframe.  However, it is 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. 
 
An Application for an Authorisation under the Criminal Code regime must be submitted to 
the Attorney-General for his or her considerat ion 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. 
 G/LIC/N/3/AUS/8 
 
- 54 - 
 
  (c) No. 
 (d) Granting permission for the importation of plastic explosives involves State and Territory 
licensing authorities, the DIBP 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 Australian Border Force at the time of lodging an import declaration.  
11.  A State or Territory import Licence or Permit is required on actual importation of marked or 
unmarked plastic explosives.  In addition to the State or Territory Licence or Permit, additional 
documentation must be completed as specified in response to question (10) above. 
 
12.  No licensing fees are applicable.  G/LIC/N/3/AUS/8 
 
- 55 - 
 
  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 fo llowing 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 : https://www.comlaw.gov.au/Details/C2015C00601  
 
 Customs Act 1901 : https://www.comlaw.gov.au/Details/C2016C00066  
 
 Customs  (Prohibited Imports) Regulations 1956 : 
https://www.comlaw.gov.au/Details/F2016C00106  
  
 United Nations Convention on the Marking of Pl astic Explosives for the Purpose of Detection  
(Montreal, 1991): https://treaties.un.org/Pages/DB.aspx?path=DB/studies/page2_en.xml  
 
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 (PI Regulations) unless the permission in writing is granted by the Australian Minister for Health, the CEO of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) appointed in writing by the Minister, or an Australian Public Service employee assisting 
the CEO appointed in writing by the Minister as an authorised officer, and presented to the  DIBP  
at the 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. 
 G/LIC/N/3/AUS/8 
 
- 56 - 
 
  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 PI Regulations are not intended to restrict 
the quantity or volume of imports.  
5.  The control on importation of the spec ified goods is a statutory requirement under 
Regulation 4R of the PI Regulations made under the Customs Act 1901 .  The system cannot be 
abolished without legislative approval. 
 
Procedures 
6.  Not applicable. 
 
7.(a) Application should be made in advance of the arrival of the goods.  (b) Permits to import are granted when it is established that the importer 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. 
 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; G/LIC/N/3/AUS/8 
 
- 57 - 
 
  - 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 PI Regulations may specify conditions or 
requirements to be complied with by the holder of the permission. 
 
All forms and requirements for import of radioactive substances can be found on our website at http://www.arpansa.gov.au/Reg ulation/Permits/index.cfm . 
 
Other procedural requirements 
18.  No. 
 
19.  Not applicable.  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 (PI 
Regulations) 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. G/LIC/N/3/AUS/8 
 
- 58 - 
 
  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 PI Regulations are not intended to restrict the quantity or volume of imports.  
5.  The control on importation of the specified goods is a statutory requirement under Regulation 4X 
of the PI Regulations made under the Customs Act 1901 .  The system cannot be abolished without 
legislative approval. 
 
Procedures 
6.  Not applicable. 
 
7.(a) Applications for import licences should be made at least 7 working days in advance of the 
importation.  Licences are gran ted 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. 
 
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 G/LIC/N/3/AUS/8 
 
- 59 - 
 
  11.  Where permission is required in the State/Te rritory of importation, the permission from the 
relevant State/territory authority must be produced to the DIBP on import.  12.  Licensing fees are charged by the State/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  
(https://www.comlaw.gov.au/comlaw/manage ment.nsf/lookupindexpagesbyid/IP200401390 ) and 
the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) unless the permission of the 
Minister for Immigration and Border Protection, or an authorised person, has been obtained. 
 Purposes and Coverage of Licensing 
2.  Tablet presses are defined as manual, semi-automatic or fully automatic equipment which can 
be used for the compaction or moulding of powdered or granular solids, or semi-solid material to 
produce coherent solid tablets.     
3.  The system applies to the importation of goods originating from all countries. 
 4.  The PI Regulations are not intended to restrict  the quantity or volume of imports. A permission 
can specify conditions or requirements including times for compliance and the number of tablet 
presses allowed to be imported.  The Minister or an authorised person has the power to revoke permission where the holder does not comply with  a condition or requirement.  The manufacture 
and distribution of amphetamine type stimulants is a serious problem in Australia and preventing 
the importation of tablet presses for use in illicit markets is an important way of reducing domestic 
production.   
5.  The control on the specified goods is a statutory requirement under Regulation 4G of the 
PI Regulations   made under the Customs Act 1901 . The contr ol cannot be abolished without 
legislative approval. More information can be found at: 
https://www.comlaw.gov.au/Details/F2016C00106 .  
 
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. G/LIC/N/3/AUS/8 
 
- 60 - 
 
   
(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.  App licants refused permission to import may appeal 
the decision-making process under the Administrative Decisions (Judicial Review) Act 1977.  
 Eligibility of Importers to Apply for Licence 
9.  All persons, firms and institutions are eligible to apply. 
 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:  https://bordernet.immi.local/Forms. 
 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. 
 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 (PI Regulations). 
 
Under the Therapeutic Goods Act 1989 , therapeutic goods may not be imported into Australia 
unless they are registered, listed or included in the Australian Register of Therapeutic Goods 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; G/LIC/N/3/AUS/8 
 
- 61 - 
 
  - 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 und er the PI Regulations, may not be imported 
without an import permit; 
- products which are injections containing material of human or animal origin (except insulin) 
may not be imported as personal imports, 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 PI Regulations if the passenger does not have a prescription). 
 
Importation of certain substances is prohibited  under regulations 5A, 5G and 5H of the PI 
Regulations except with the permission of the Secretary of the Australian Department of Health.  These substances include antibiotics, certain ho rmones (included in Schedules 7A of the PI 
Regulations) and other substances, including anab olic or androgenic substances (included in 
Schedule 8 of the PI Regulations).  Substances of human or animal origin are not prohibited 
imports per se. 
 
Importation of narcotic drugs, psychotropic substances and related chemicals, including kava, is also controlled under the PI Regulations.  Thos e controls are described separately in this 
document, in the section titled “Narcotic Drugs, Psychotropic Substances and Related Chemicals”. 
 Purposes and Coverage of Licensing 
2. Import permits are issued under the PI Regulations both for goods approved for marketing 
in Australia and for “unapproved” goods where supply is considered appropriate (e.g. in the 
context of clinical trials or special patient access).  The therapeutic substances/goods covered are:  
Substances named in regulation 5A (1) of the PI Re gulations.  Currently, only antibiotic substances 
are so specified.  Exemption applies in the case of:  
- antibiotics carried by a passenger on a ship or aircraft where the antibiotics are for the sole 
use of the passenger or the passenger’s relative, and the amount does not exceed 3 months’ supply of the substance at the maximum dosage  recommended  by the manufacturer of the 
substance; or 
- antibiotics required for the use of an animal that is being imported and is under the care of a 
passenger on the same ship or aircraft and the amount does not exceed 3 months’ supply of the substance at the maximum dosage recommended  by the manufacturer of the 
substance; or 
- antibiotics imported by a member of a group of  persons visiting Australia to participate in a 
national or international sporting event, and for use in the treatment of a member or 
members of that group or an animal that is being imported and is under the care of the 
group. 
 Goods to which regulation 5G of the PI Regulations refer, that is, goods, which are, listed in 
Schedule 7A to the Regulations. Schedule 7A cu rrently 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. 
 G/LIC/N/3/AUS/8 
 
- 62 - 
 
  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 PI Regulations refers, that is, goods listed in Schedule 8 to the Regulations.  Schedule 8 includes anabolic or androgenic substances. 
 
3.  The regulation applies to the importation of therapeutic goods from all countries.  4.  The controls under the Therapeutic Goods Act 1989  safeguard public health in Australia through 
regulation of the quality, safety and efficacy or performance of therapeutic goods intended for 
supply in Australia.  
The controls under the PI Regulations are intended to restrict entry to Australia of substances that 
may be the subject of abuse in one form or another, or pose a risk to public health such that they should not be accessible to the general public via personal import arrangements.  The importation 
of antibiotics is 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 PI Regulations are not intended to restrict the 
quantity or volume of imports. 
 5.  The controls on importation of therapeutic goods are statutory requirements under the 
Therapeutic Goods Act 1989 , and associated regulations, and under the Customs Act 1901 , and 
associated PI Regulations.  The system cannot be abolished without legislative approval.  
Procedures 
6.  Not applicable.  
 7.(a) Application for importation should be made in advance of the arrival of the goods.  In certain 
circumstances, import permission can be given for goods which have 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. 
  
(d) Applications for import permits under regulations 5A, 5G and 5H of the PI Regulations are 
processed and issued within the Department of Health. 
 
8.  If an import permit under regulations 5A, 5G  o r  5 H  o f  t h e  P I  R e g u l a t i o n s  i s  r e f u s e d ,  t h e  
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 
1 0 .   F o r  p e r m i s s i o n  t o  i m p o r t  a n t i b i o t i c s  u n d e r  R e g u l a t i o n  5 A  ( 1 )  o f  t h e  P I  R e g u l a t i o n s ,  
applications should be made in writing, including the following information: G/LIC/N/3/AUS/8 
 
- 63 - 
 
  - 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 PI Regulations) the 
written application must include: 
 - importer's name and address; - full details of the product proposed for import; 
- supervising doctor's prescription, if applicable; 
- State/Territory Schedule 4 (prescription only medicine) licence number (if applicable); - depending on the nature of the goods and the intended purposes, further documentation or 
evidence may be required. 
 11.  Import authorisation is usually issued in the form of a permit, but may be by letter of 
authority. 
 12.  There is no licensing fee or administrative charge.  
13.  There is no deposit or advance payment requirement associated with the issue of licenses. 
 Conditions of Licensing 
14.  Import permits may apply to one consignment only, or remain valid for successive 
consignments within a stated period (usually one year).  
15.  There is no penalty for the non-utilisation of a permit or a portion of a permit. 
 16.  Permits are not transferable between importers.  
17.  Conditions are not usually related to the quantity imported for substances named in 
Regulation 5A (1) of the PI Regulations.  Perm its issued for substances in Schedules 7A and 
Schedule 8 of the PI Regulations are subject to individual quantitative restrictions.  However, there 
is no annual quota or annual quantitative restrictions applicable to these goods required under the 
legislation or under an international agreement.    
The quantitative restriction applies to individual importers as a condition of the import permit and 
is based on established need and end use.  Import permits may also cite such matters as: 
 
- 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. 
 G/LIC/N/3/AUS/8 
 
- 64 - 
 
  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 (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 PI Regulations are not intended to restrict the quantity or volume of imports. The importation of unmanufactured tobacco leaf is regulated to limit access to those licensed as manufacturers or dealers and therefore reduce illicit production. 
 
5.  The control on the specified goods is a statutory requirement under Regulation 4D of the PI Regulations  made under the Customs Act 1901 .  The control cannot be abolished without legislative 
approval. 
 An Excise licence for tobacco is a legislative requirement under Sections 25 (Manufacturers) and 
33 (Dealers) of the Excise Act.  There is no administrative discretion – manufacturers or dealers in 
tobacco leaf must be licensed under the Excise Act.  The  control cannot be abolished without 
legislative approval.  
A Customs warehouse licence is issued under Section 79 of the Customs Act 1901 .  Anyone intending 
to use imported goods in excise manufacture must enter those goods for warehousing in a Customs licensed warehouse.  Those goods must then be administratively transferred to a warehouse licensed 
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 DIBP.  As imported tobacco leaf can only be imported into Australia by entering it into a warehouse licensed under the Customs Act, the ATO has 
responsibility for licensing any warehouse that would store this product.  
 8.  Failure to meet the ordinary criteria, as 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 G/LIC/N/3/AUS/8 
 
- 65 - 
 
  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 1901 . 
 
(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.  
 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.   
 If the applicant is not already registered for Excise, then they will also need to complete an Excise registration form.   
 
If an applicant is applying for the first time, that  applicant will be required to complete a Consent 
to a Criminal Record History Check and a Declaration of criminal history.   
 
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 DIBP. 
 
12.  There are no fees associated with the Excise licences or the permission.  There are fees associated with the customs warehouse licence that are determined by the type of activity associated with the licence.  The initial grant fee is currently A$7000, as of 1 January 2016 an application fee of G/LIC/N/3/AUS/8 
 
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  A$3000 will be introduced and the grant charge will be reduced to A$4,000. There is an annual 
renewal fee of A$4000 which will remain the same.  If the licence holder is only dealing in imported goods to be used in the manufacture of excisable goods classified under Item 10 of the Schedule to the Excise Tariff Act 1921, 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 1901  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. 
 
Links to legislation 
 
Excise Act 1901:  
https://www.comlaw.gov.au/Details/C2015C00361  
 
Customs Act 1901: 
https://www.comlaw.gov.au/Details/C2016C00066  
 
Customs (Prohibited Imports) Regulations 1956:  
https://www.comlaw.gov.au/Details/F2016C00106  
 
Taxation Administration Act 1953: 
https://www.comlaw.gov.au/Details/C2016C00009  
 
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 G/LIC/N/3/AUS/8 
 
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  (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.  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 DIBP on any permits issued.  Requirements under Schedule 6 of the Customs 
(Prohibited Exports) Regulations 1958  relating to the volume and packaging of the material 
will also apply. 
 8.  An application that meets the criteria will be granted a permit.  Where an application is 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. G/LIC/N/3/AUS/8 
 
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  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.   
 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 firearms and weapons is prohibited by the Customs Act 1901 , unless the 
conditions, restrictions or requirements under the Customs (Prohibited Imports) Regulations 1956 
(PI Regulations) are met.  
The Act can be found at: https://www.comlaw.gov .au/Series/C1901A00006 
 
The Regulations can be found at:  https://www.comlaw.gov.au/Details/F2016C00106  
 
Purposes and coverage of licensing 
2.  The goods covered are weapons, including da ggers, crowd control goods, laser pointers and 
warfare goods as specified in Schedule 13 of the PI Regulations, and firearms, firearm accessories, 
firearm parts, firearms magazi nes, ammunition, components of ammunition and replicas as 
specified at Schedule 6 of the Regulations.  
The importation of goods specified in Schedule 13 of the PI Regulations is prohibited unless the 
conditions, restrictions or requirements specified are complied with and the written permission of G/LIC/N/3/AUS/8 
 
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  the Minister, or an authorised person, is granted - applications are processed through DIBP.  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 6 is prohibited unless the conditions, restrictions or 
requirements specified are complied with and the written permission of the Attorney-General, 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 PI Regulations are not intended to restrict  the quantity or volume of imports.  Importers 
must specify the quantity of goods when seeking to apply for single import permission. Ongoing 
permits can be issued for Schedule 13 goods for projects requiring multiple shipments of goods 
over a specified period of time.  
Controls on importation have been introduced as a community protection measure.  The monetary 
value is not a criterion for control.  5.  The control on the importation of the specif ied goods is a statutory requirement under the PI 
Regulations made under the Customs Act 1901 .  The system cannot be abolished without 
legislative approval.  
Procedures 
6.  Not applicable. 
 
7.(a) Application 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 13 are processed by the DIBP 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.  G/LIC/N/3/AUS/8 
 
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  The application form for Schedule 13 goods can be found at: 
https://www.border.gov.au/ Forms/Documents/B710.pdf    
 
The application form for Schedule 6 goods can be found at:  
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.  
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 (PI Regulations) unless the permission of the 
Australian Government Minister for Agriculture and Water Resources 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 the permission of the Minister for Agriculture 
and Water Resources or an authorised person is obtained; or a test certificate issued by a 
prescribed testing authority, certifying that th e woolpacks conform to Australian Wool Exchange 
(AWEX) standards, is produced.  
Second-hand woolpacks: unless the permission of the Minister for Agriculture and Water Resources 
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 PI Regulations are not intended to restrict the quantity or volume of imports.  
5.  The control on importation of the spec ified goods is a statutory requirement under 
Regulation 4K of the PI Regulations made under the Customs Act 1901 .  The system cannot be 
abolished without legislative approval. 
 G/LIC/N/3/AUS/8 
 
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  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 to certify that the 
woolpacks conform to Australian Wool Exchange (AWEX) standards. Applications for import 
permission are issued by officers of the Department of Agriculture and Water Resources 
authorised by the Minister for Agriculture and Water Resources. 
 8.  Application for permission to import can be refused at the discretion of the Minister for 
Agriculture and Water Resources or an authorised person, if the ordinary criteria are not met.  
There is no right of appeal against the Minister's  (or authorised person’s) decision. However, an 
appeal may be made on the decision-making process itself under the Administrative Decisions 
(Judicial Review) Act 1977 . 
 
Eligibility of importers to apply for licence 
9.(a) Not applicable. 
 
(b) All persons, firms and institutions are eligible to apply for permission to import.  
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. 
 G/LIC/N/3/AUS/8 
 
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  Other procedural requirements 
18.  No. 
 19.  Not applicable. 
  
 
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