WORLD TRADE  
ORGANIZATION  G/LIC/N/3/AUS/3 
23 October 2006 
 (06-5114) 
Committee on Import Licensing Original:   English 
  
 
REPLIES TO QUESTIONNAIRE ON IMPORT LICENSING PROCEDURES 
 
Notification under Article 7.3 of the
 
Agreement on Import Licensing Procedures1 
 
AUSTRALIA 
  
 The following communication, dated 19 Octobe r 2006, has been received from the Delegation 
of Australia. 
 
_______________ 
 
 
I. Animals (including birds, fish and insects) and animal products, plants and 
goods of general quaratine concern.........................................................................................3 
II. Cetaceans (whales, do lphins and porpoises)...........................................................................7 
III. Cat & dog fur products .................................................................................................... ......10 
IV. Dog collars – electro nic and protrusion ................................................................................12 
V. Hazardous and health related goods .....................................................................................14 VI. Cosmetics .................................................................................................................. ...............17 
VII. Erasers ................................................................................................................... ..................19 
VIII. Electronic hand held fly sw atters and mosquito bats ..........................................................21 
IX. Moneyboxes, pencils, paintbrushes and toys coated in a material containing 
excess levels of heavy metals a nd other toxic materials.......................................................23 
X. Objectionable items ......................................................................................................... .......25 
XI. Importation of ANZAC goods ...............................................................................................28  
XII.  Flags, arms & seals ...................................................................................................... ...........32 
XIII.  Cheese, certain types................................................................................................... ............34 
XIV.  Motor vehicles ........................................................................................................... ..............37 
XV.  Woolpacks................................................................................................................. ...............41 
XVI.  Narcotic drugs, psychotropic substances and related chemicals........................................43 
XVII.  Therapeutic substances and goods ........................................................................................ 48 
XVIII. Genetically Mo dified Organisms .......................................................................................... .52 
                                                     
 
1 See document G/LIC/3, Annex, for the Questionnaire. G/LIC/N/3/AUS/3 
Page 2  
 
  XIX. Weapons................................................................................................................... ................55 
XX. Chemical weapons........................................................................................................... ........59 
XXI. Antarctica ................................................................................................................ ................62 
XXII. Territory of Heard Island and McDonald Islands...............................................................65 XXIII. Hazard ous Waste ......................................................................................................... ...........68 
XXIV. Ozone Depleting Substances ............................................................................................... ...71 
XXV.  Radioactive Substances ................................................................................................... .......76 
XXVI.  Organochlorine chemicals................................................................................................ ......79 
XXVII. Industrial chemicals.................................................................................................... ............81 
 G/LIC/N/3/AUS/3 
Page 3 
 
 
  I. ANIMALS (INCLUDING BIRDS, FISH AND INSECTS) AND ANIMAL PRODUCTS, 
PLANTS AND GOODS OF GENERAL QUARATINE CONCERN 
- Wildlife Protection (Regulation of Exports and Imports) Act 1982 
 - Quarantine Legislation  - Customs Act 1901 
 - Customs (Prohibited Imports) Regulations 1956  
Outline of system
 
 
1. The Environment Protection and Biodiversity  Conservation Act 1999 (EPBC Act)regulates 
Australian and international trade in wildlife and wildlife products. 
 The Quarantine Act 1908 , Quarantine (Animals) Regulations, Quarantine (Plants) Regulations, 
Quarantine (General) Regulations and Quarantine Proc lamations (collectively, Quarantine Legislation) 
apply controls to the importation of all plants, part s of plants and  plant products;  animals (including 
birds, fish and insects), animal products, soil and other items of general quarantine concern. 
 
 Sections of the Customs (Prohibited Im ports) Regulations 1956  control the importation of some 
animals/items.  
Purposes and coverage of licensing
 
 2. Apart from regulating the export of specimens of  native Australian flora and fauna, the EPBC 
Act as presently constituted, controls: 
• the import of live animals, plants, and all parts,  products and derivatives of animals and plants; 
• the import and export of birds subject to th e Japan-Australia Migratory Birds Agreement; 
• the import and export of animals and plants listed in the Conve ntion on International Trade in 
Endangered Species of Wild  Fauna and Flora (CITES). 
 
As well as controlling the importation of plants and animals and their products and derivatives, 
Quarantine Legislation applies to a diverse range of items such as: 
 
• straw packing, pallets, skids;  
• dunnage and waste;  
• brushware (bristles or hair of animal origin);  
• vehicles and certain machinery a nd equipment (for soil traces); 
• infants food (milk in any form); and 
• galley waste and refuse. 
 The Customs (Prohibited Imports) Regulations 1956  control the importations of: 
 
• fish caught by foreign based fi shing vessels (Regulation 4B); 
• Patagonian and Antarctic T oothfish (Regulation 4BA); 
• dangerous dogs (Item 26, Schedule 1); and 
 3. The regulations apply to the impor tation of goods from all countries. 
4. The EPBC Act seeks, by regulating Australian and international trade in wildlife and wildlife 
products, to contribute to the protection and conser vation of all native Austra lian wildlife, endangered 
wildlife and other wildlife that could become enda ngered.  The Quarantine Legislation and EPBC Act G/LIC/N/3/AUS/3 
Page 4  
 
  also seek to protect the Australian environment agains t further establishment of pest species of plants 
and animals by controlling the importation of certain  live plants and animals.  Additional quarantine 
controls are applied to the importation of foodstu ffs to more specifically protect human health. 
 Under the Customs (Prohibited Imports) Regulations 1956  importation of fish caught by foreign 
based fishing vessels is prohibited, to provide quarantine prot ection of the Australia n fishing resources. 
Prohibition on the importation of da ngerous breeds of dogs was introdu ced because of public concern at 
the increasing incidence of attacks by dogs on humans.    5. The controls on the importation of goods specified in this category are statutory requirements 
under the legislation detailed below: 
• Environment Protection and Bi odiversity Conservation Act 1999 
• Quarantine Act 1908 
• Quarantine (Animals) Regulations 
• Quarantine (Plants) Regulations 
• Quarantine (General) Regulations 
• Quarantine Proclamations 
• Customs (Prohibited Imports) Regulations 1956 
 
 Environment Australia within the Commonwealth  Department of Environment and Heritage is 
responsible for administration of the legisla tion contained in the EPBC Protection Act. 
  The Australian Quarantine and Inspection Service (AQIS) within the Commonwealth 
Department of Agriculture, Fisheries and Forestry (DAFF) is responsible for administration of animal 
and plant quarantine Legislation.    The Australian Customs Service (ACS) is responsible for administration of the Customs 
(Prohibited Imports) Regulations 1956 . 
 
 The legislation does not allo w for administrative discretion regarding goods/items subject to 
import controls.  It is not possible for the Govern ment or executive branch to abolish the systems 
without legislative approval.  Procedures
 
 
6. Not applicable. 
7. (a) Application should be made well in advance of arrival of the goods to allow time for any 
necessary checks to be made regarding details s upplied etc.  In certain circumstances import 
permission can be given for goods which have a rrived at the point of entry and where no pre-
arranged permission is available. 
(b) In the case of most importations in this cate gory it will not be possible for permission to be 
issued immediately on request. 
 (c) Permits may be issued at any period of the year. 
(d) Applications for permission to import most an imals, animal products, pl ants and  plant products 
into Australia involve  an approach to  a single agency - the Aust ralian Quarantine and 
Inspection Service (AQIS).  The importation of so me products is, by law, subject to certain 
quarantine conditions, outlined in the AQ IS Import Conditions database - ICON.   G/LIC/N/3/AUS/3 
 Page 5 
 
 
   Some requests may also require  written support from State authorit ies or particular specialist 
organisations before Commonwealth permission can be considered. 
 8. Beyond the failure of an applicant to meet sta ndard criteria, a request for permission to import 
can be refused at the discretion of the relevant Mini ster.  Reasons for refusal will normally be advised.  
While there are no formal structures in place through  which an appeal may be lodged, an applicant 
may choose to correspond with the relevant Minister to question his/her decision. 
Eligibility of importers to apply for a licence
 
 
9. (a) Not applicable. 
(b) All persons, firms and institutions are el igible to apply for permission to import. 
 
Documentational and other requirem ents for application for licence  
 
10. Applications for permission to import must be made in writing to the relevant Minister.  The 
form of the application and information re quired will depend on the nature of the 
animal/plant/product/derivative for which permission to import is required.  Where the importation of 
the item comes under the jurisdiction of the Wild life Permits and Enforcement Section (WPES) the 
importer should approach that section directly specify ing details of whether animals are alive or dead, 
whether plants are alive or dead, as well as other va riations on which type of animal, animal product, 
plant or goods to be imported.  The section will then  forward the appropriate form to the importer for 
completion.  The address for correspondence is: 
 Wildlife Permits and Enforcement Section (WPES) 
 Environment Australia  GPO Box 787  CANBERRA  ACT  2601 
 Australia 
 Where the importation of the item comes under the jurisdiction of the Australian Quarantine and 
Inspection Service, the importer should search the IC ON database (www.aqis.gov.au) to determine if a 
commodity intended for import to Australia needs a qua rantine permit and/or treatment or if there are 
any other quarantine prerequisites.  
 Importers may access www.aqi s.gov.au to obtain the releva nt AQIS Import Forms.  
  The address for correspondence is:  
 Australian Quarantine and Inspection Service 
 Department of Agriculture, Fisheries and Forestry  GPO Box 858  CANBERRA  ACT  2601  Australia  
11. Permits must be obtained prior to importati on and are required on impor tation. Applications 
for permits may be lodged electronically (www.aqis.gov.au).  
12. Information on fees and charges for the importati on of items that come under the jurisdiction 
of the Australian Quarantine and Inspect ion Service may be found on www.aqis. gov.au. For example, 
where importations require periods of quarantine cont ainment or treatment e.g. cleaning, spraying, to 
eliminate the risk of entry into Australia of diseases, pests etc. the importer will usually be required to 
bear the costs of such action.  G/LIC/N/3/AUS/3 
Page 6  
 
  13. No. 
Conditions of licensing
 
14. The period of validity of a permission would depend on the nature of the importation:  
specific details to be supplied on enquiry.  Legislation will normally not allow for continuing permission. 
15. No. 
16. No. 
17. Conditions may be applied in respect of such  issues as custody, end use, disposal or 
distribution of imported goods. Specific details may be supplied on enquiry. 
Other procedural requirements
 
18. No. 
19. Not applicable.  G/LIC/N/3/AUS/3 
 Page 7 
 
 
  II. CETACEANS (WHALES, DOLPHINS AND PORPOISES) 
- Environment Protection and Biodiversity Conservation Act 1999 
- Environment Protection and Biodiversity Conservation Regulations 2000 
 
Outline of system  
 
1. Under Part 13 of the  Environment Protection and Biodiversity Conservation Act 1999  (EPBC 
Act), permits are required for persons, businesses and organisations for the importation of any and all 
cetacean parts and products. The permit issuing pr ocess is administered by the Cetacean Policy and 
Recovery Section of The Department of the Environmen t and Heritage.  This legislation is enforced at 
the ports of entry by the Australian Customs Servic e which acts on behalf of the Department of the 
Environment and Heritage.  An obligation exists under the Act that requires the Minister for the 
Environment and Heritage to regularly publish a re gister setting out particulars of applications for 
permits and decisions made by the Minist er in respect to those applications. 
Purposes and coverage of licensing  
2. All whale, dolphin and porpoise products are subject to control under this legislation. 
3. The system applies to goods origina ting in and coming from all countries. 
4. The permit system is intended to prohibit all commercial trade in cetacean products. The only 
circumstances in which cetacean imports are allowed are: 
• The import will contribute significantly to the conservation of cetaceans. 
• The import is a personal item, and the import w ill not be detrimental to the conservation of 
cetaceans, and the import is not for commercial purposes, and the import is not of a kind mentioned in subparagraph 3(a) or (b) of Article vii of CITES,  and the part was given as a gift 
in a ceremony or a personal recognition, and the pa rt is an element of an indigenous tradition, 
and the part is not a part of a cetacean take n under a permit issued under Article viii of the 
International Convention for the Regulation of Whaling. 
5. Environment Protection and Bi odiversity Conservation Act 1999  and Environment Protection 
and Biodiversity Conservation Regulations 2000 . Permitting is a statutory requirement and 
designation is by statute.  It is not possible to change the system without legislative approval. 
Procedures
 
6. Not applicable. 
7. (a) There is no statutory limitation on the maximu m period allowed in advance for an importation 
application to be made.   
If it is in the National Interest, exceptional circumstances approval can be granted by the 
Minister for the Environment and Heritage for goods arriving at the port without a licence. Under normal processing procedures, there is a statutory requirement under the permit assessment legislation 
for two public comment periods on permit applications  with a minimum of five days (including non 
business days) for the first comment period and no statutory minimum for the second comment period. A permit can therefore not be issued to an a pplicant in a time shorter than that dictated by the 
statutory public comment periods mentioned above. G/LIC/N/3/AUS/3 
Page 8  
 
  (b) No 
(c) No. (d) Consideration of licence applications is by the Department of the Environment and Heritage.  
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 Jurisdicti on.  Examples of such agencies would be the 
Australian Quarantine and Inspection Service (AQIS), or a State Conservation Department. 
8. Apart from statutory or ordinary requirements th ere are no other criteria.  Reasons for refusal 
are given to applicants.  Applicants refused perm ission to import may appeal on the merits of the 
decision to the Administrative Appeals Tribunal. Alternatively, an appeal may be made on the 
decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977 . 
9. (a) Not applicable. 
(b) All persons, firms and institutions are eligible to apply for licences. 
Documentational and other require ments for application for licence
 
10. A sample permit can be found at: www.deh.gov .au/coasts/species/cetac eans/permits/research-
incidental.html 
The documents that are required are those that will verify the origin of the wildlife or wildlife 
products: for an import permit - usually an export permit under the Convention on International Trade 
in Endangered Species of Wild Fauna and Flora (CITES) Management Authority of the exporting 
country. 
11. The Department of the Environment and Heritage cetacean import permit and a CITES import 
permit are required. 
12. No. 
13. No. 
Conditions of licensing  
14. There is no statutory period for the validity of  a permit; personal permits  are usually issued 
for one-off imports into the country and are therefor e issued for a period which reasonably covers the 
anticipated date of import; scientific research perm its may be issued for an extended period – usually 
up to five years. Once issued, permits cannot be extended. 
15. No. 
16. Licences are not transferable but, conditions on a permit can allow holders to grant an 
authority to take an action on their behalf. In this ci rcumstance there is a statutory requirement that the 
holder informs the Minister for the Environment and He ritage within 14 days of giving an authority. 
17. (a) Not applicable. 
(b) Conditions may be imposed on the permit, and quantitative limits, where appropriate, are 
specified as conditions. Conditions  usually relate specifically to the nature of the import and  G/LIC/N/3/AUS/3 
 Page 9 
 
 
  usually specify that the item may not be for co mmercial trade and a prohibition on the transfer 
of the item to another party. 
Other procedural requirements  
18. No. 
19. Not applicable. G/LIC/N/3/AUS/3 
Page 10  
 
  III. CAT & DOG fur products 
- Customs Act 1901 
- Customs (Prohibited Imports) Regulations 1956 
 
Outline of system
 
 
1. The importation of cat & dog fur and goods made  from or using cat or dog fur is prohibited 
under provisions of the Customs Act 1901  and the Customs (Prohibited Imports) Regulations 1956  
unless the permission of the Minister for Justice an d Customs, or an authorised person, has been 
obtained.   
Purposes and coverage of licensing  
2. The goods covered are:   
• Raw, dressed or tanned dog fur of the species canis familiairis   
• Raw, dressed or tanned cat fur of the species felis catus  
• Goods consisting, in whole or part , of dog fur or cat fur or both. 
 3. The system applies to importations from all countries. 
4. There are no restrictions in relation to 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 good s is a statutory re quirement under Regulation 4W of the 
Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 1901 .  The control cannot 
be abolished without legislative approval. 
Procedures
 
6. Not applicable. 
7. (a) Application should be made in advance of a rrival of the goods.  Import permission can be given 
for goods which have inadverten tly arrived in Australia. 
(b) No. (c) No. (d) Permissions are granted by the Minister for Justice and Customs 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 ther e are no other criteria.  Reasons for refusal 
are given to applicants.  Applican ts refused permission to import may appeal on the merits of the 
decision to the Administrative Appe als Tribunal. Alternatively, an a ppeal may be made on the decision-
making process  itself under the Administrative Decisions (J udicial Review) Act 1977.   G/LIC/N/3/AUS/3 
 Page 11 
 
 
  Eligibility of importers to apply for licence  
9. All persons, firms and institutions are eligible to apply. 
Documentational and other requirem ents for application for licence  
10. Applications must be made in writing to the Minister for Justice and Customs or an authorised 
person.  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 for Justice and Customs or authorised person is 
required to be produced upon importation. 
12. No. 
13. No. 
Conditions of licensing  
14. The Minister may specify a time period for the validity of the permission.   
15. No. 
16. No. 
17. Conditions may be imposed on the permit. Quantitat ive limits, where appropriate, are specified 
as conditions. 
Other procedural requirements  
18. No. 
19. Not applicable. 
 G/LIC/N/3/AUS/3 
Page 12  
 
  IV. DOG COLLARS – ELECTRONIC AND PROTRUSION 
- Customs Act 1901 
- Customs (Prohibited Imports) Regulations 1956 
 
Outline of system
 
 
1. The importation of electronic and protrusion dog collars is prohibited under provisions of the 
Customs Act 1901  and the Customs (Prohibited Imports) Regulations 1956 , unless the permission of 
the Minister for Justice and Customs, or an  authorised person, has been obtained.   
Purposes and coverage of licensing  
2. The goods covered are:   
• dog collars incorporating: 
• apparatus designed to cause an electric shock; or 
• protrusions designed to puncture or bruise an animal’s skin 
 3. The system applies to electronic importations from all countries. 
4. There are no restrictions in re lation to the quantity or value of imports. The importation of 
electronic and protrusion dog collars is regulated in res ponse to animal welfare concerns. 
5. The control on the specified goods is a statutor y requirement under Regulation 4 Schedule 2 of 
the Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 1901 .  The control 
cannot be abolished withou t legislative approval.  
Procedures
 
6. Not applicable. 
7. (a) Application should be made in advance of arrival of the goods.  
(b) No. (c) No. (d) Permissions are granted by the Minister for Justice and Customs or an authorised person.   8. Apart from statutory or ordinary requirements there are no other crit eria for refusal.  Reasons for 
refusal are given to applicants.  A pplicants refused permission to impor t may appeal on the merits of the 
decision to the Administrative Appe als Tribunal. Alternatively, an a ppeal may be made on the decision-
making process  itself under the Administrative Decisions (J udicial 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/3 
 Page 13 
 
 
  Documentational and other requirem ents for application for licence  
10. Applications must be made in writing to the Minister for Justice and Customs 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 Justice and Customs or authorised person is 
required to be produced upon importation. 
12. There is no licensing fee. 
13. Not applicable. 
Conditions of licensing  
14. The Minister for Justice and Customs may sp ecify a time period for the validity of the 
permission.   
15. No. 
16. No. 
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/3 
Page 14  
 
  V. HAZARDOUS AND HEALTH RELATED GOODS 
- Customs Act 1901 
- Trade Practices Act 1974 - Customs (Prohibited Imports) Regulations 1956 
 
Outline of system
 
 
1. Under the Trade Practices Act 1974,  the responsible Minister has the power to ban supply of 
goods on safety grounds.  Under the Customs (Prohibited Imports) Regulations 1956 , Regulation 4U 
specifies that goods subject to a permanent  ban under the Trade Practices Act 1974  are also 
prohibited imports.  The Minister is also responsib le for goods covered under Re gulation 4S (cigarette 
lighters).  The responsible Minister can  grant permission to import banned goods. 
Purpose and Coverage of Licensing  
2. Goods covered under Regulation 4U are: 
 
• Glucomannan in tablet form 
• Seat belt accessories 
• Sun visors 
• Victim toys 
• Smokeless tobacco products in amounts greater than 1.5 kilograms 
• “Diveman” underwater breathing apparatus 
• “Quickie” line release system 
• Gas masks which contain asbestos 
• Candles and candle wicks containing greater than 0.06% lead by weight 
• Children’s dart gun sets 
• Jelly cups – Konjac 
• Tinted headlight covers 
  Goods covered under Regulation 4S are: 
• Cigarette lighters 
3. The regulations apply to the impor tation of goods from all countries. 
4. The importation of these goods is regulated as a community protection measure.  Goods 
included are known to be associated with particular  public health or safety hazards or concerns.  
Goods covered by Regulation 4U of the Customs (Prohibited Imports) Regulations 1956  are also 
prohibited from being supplied domestically.  Goods covered under Regul ation 4S can only be 
supplied domestically where they meet the minimum Trade Practices Act 1974  mandatory safety 
requirements. 
5. The control on importation of the specified goods is a statutory requirement under the 
Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 1901 .  The system 
cannot be abolished withou t legislative approval.  G/LIC/N/3/AUS/3 
 Page 15 
 
 
  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) Permits may be issued promptly if a genuine emergency exists. (c) Permits can be issued throughout the year. (d) Applications for importation of goods listed under Regulation 4U and 4S of the Customs 
(Prohibited Imports) Regulations 1956  are processed and issued by the department/agency 
responsible for the product safety provisions of the Trade Practices Act 1974 .  Currently that 
is the Product Safety Policy Section of the Australian Competition and Consumer 
Commission. 
8. Application for permission to import can be refused at the discretion of the responsible 
Minister.  There is no right to appeal against the Minister’s decision. 
Eligibility of importers to apply for licence
 
9. (a) Not applicable. 
(b)  All persons, firms and institutions are e ligible to apply for permission to import. 
Documentational and other require ments for application for licence  
10. Applications for permission to import must be  made to the responsible Minister.  The 
application must include: 
• Importer’s name and address; 
• Details of the goods to be imported; 
• Quantity to be imported; 
• Reason for the request for importation including the intended use and distribution; and 
• Age (in the case of smokeless tobacco products). 
 11. Proof of authorisation is required on importation 
12. No 
13. No 
Conditions of licensing
 
14. Permits are for one consignment only. 
15. No. 
16. No. 
17. (a)  Not applicable. G/LIC/N/3/AUS/3 
Page 16  
 
  (b)  Permission to import goods specified  under Regulations 4U and 4S of the Customs 
(Prohibited Imports) Regulations 1956  may be subject to conditions regarding custody, use, 
disposal or distribution of the imported goods. 
Other procedural requirements
 
18. No. 
19. Not applicable.  G/LIC/N/3/AUS/3 
 Page 17 
 
 
  VI. COSMETICS 
- Customs Act 1901 
- Customs (Prohibited Imports) Regulations 1956  
 
Outline of system  
 
1. The importation of cosmetics containing excess levels of lead or lead compounds is 
prohibited under provisions of the Customs Act 1901  and the Customs (Prohibited Imports) 
Regulations 1956  unless the permission of the Minister for Justice and Customs, or an authorised 
person, has been obtained.   
Purposes and coverage of licensing  
2. The goods covered are:  
• 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. 
3. The system applies to cosmetic products from all countries. 
4. There are no restrictions in relation to the quantity or value of imports. 
The importation of these goods is regulated to pr otect against potential health risks associated 
with exposure to lead. 
5. The control on the specified goods is a statutor y requirement under Regulation 4, Schedule 2 of 
the Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 1901 .  The control 
cannot be abolished without legislative approval. 
Procedures
 
6. Not applicable. 
7. (a) Application should be made in advance of arrival of the goods.   
(b) No. (c) There are no such limitations. 
(d) Permissions are granted by the Minister for Justice and Customs or an authorised person.   
Importers may be required to provide written confirmation from an analytical laboratory 
recognised by the National Association of Tes ting Authorities, Australia (NATA) or a NATA 
accredited authority, that their goods comply with the requirements of the regulations. 
8. Apart from statutory or ordinary requi rements there are no other criteria .  Reasons for refusal 
are given to applicants.  Applican ts refused permission to import may appeal on the merits of the 
decision to the Administrative Appe als Tribunal. Alternatively, an a ppeal may be made on the decision-
making process  itself under the Administrative Decisions (J udicial Review) Act 1977 .  
 G/LIC/N/3/AUS/3 
Page 18  
 
  Eligibility of importers to apply for licence
 
9. (a) Not applicable 
(b) All persons, firms and institutions are eligible to apply. 
Documentational and other requirem ents for application for licence  
10. Applications must be made in writing to the Minister for Justice and Customs 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 Justice and Customs or authorised person is 
required to be produced upon importation. 
12. There is no licensing fee. 
13. Not applicable. 
Conditions of licensing
 
14. The Minister for Justice and Customs may sp ecify a time period for the validity of the 
permission.   
15. No. 
16. No. 
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/3 
 Page 19 
 
 
  VII. ERASers 
- Customs Act 1901 
- Customs (Prohibited Imports) Regulations 1956  
 
Outline of system  
 
1. The importation of erasers that resemble food in  either scent or appearance is prohibited 
under provisions of the Customs Act 1901  and the Customs (Prohibited Imports) Regulations 1956  
unless they comply with the relevant Australian Standard or permission from the Minister for Justice and Customs, or an authorised person, has been obtained.   
Purposes and coverage of licensing
 
2. The goods covered are:  
• Erasers that resemble food in scent or appearan ce and do not satisfy Part 3 of Australian 
Standard 1647-1982 (Children’s Toys (Safety Requirements)) 
3. The system applies to importations from all countries. 
4. There are no restrictions in relation to the quantity or value of imports. 
The importation of these goods is regulated to pr otect children from the risk of ingesting these 
goods. 
5. The control on the specified goods is a stat utory requirement under Regulation 4, Schedule 2 
of the Customs (Prohibited Imports) Regulations 1956 made under the Customs Act 1901 .  The 
control cannot be abolished w ithout legislative approval. 
Procedures  
6. Not applicable. 
7. (a) Where the goods do not satisfy the requirement s of the standard, app lication should be made 
in advance of arrival of the goods.   
(b) No. (c) There are no such limitations. 
(d) Permissions are granted by the Minister for Ju stice and Customs or an authorised person.   
8. Apart from statutory or ordinary requirements there are no other criteria .  Reasons for refusal 
are given to applicants.  Applicants refused perm ission to import may appeal on the merits of the 
decision to the Administrative Appeals Tribunal. Alternatively, an appeal may be made on the 
decision-making process  itself under the Administrative Decisions (Judicial Review) Act 1977 .  
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/3 
Page 20  
 
  Documentational and other require ments for application for licence
 
10. Applications must be made in writing to the Minister for Justice and Customs or an authorised 
person.  The application should include the following information: 
• Importer’s name and address 
• Details of the goods to be imported 
 
11. Evidence that the goods comply with the requirements or the original permission from the 
Minister for Justice and Customs or authori sed person may be required to be produced upon 
importation. 
12. There is no licensing fee. 
13. Not applicable. 
Conditions of licensing  
14. The Minister for Justice and Customs may sp ecify a time period for the validity of the 
permission.   
15. No. 
16. No. 
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/3 
 Page 21 
 
 
  VIII.  ELECTRONIC HAND HELD FLY SWATTERS and MOSQUITO BATS 
- Customs Act 1901 
- Customs (Prohibited Imports) Regulations 1956  
Outline of system
 
1. The importation of electronic hand held fly swa tters and mosquito bats  is prohibited under 
provisions of the Customs Act 1901  and the Customs (Prohibited Imports) Regulations 1956  unless 
the permission of the Minister for Justice and Custom s, or an authorised person, has been obtained.   
Purposes and coverage of licensing  
2. The goods covered are:   
• Hand-held electric devices that are designed to administer an electric shock on contact, other 
than cattle prods designed exclusively for use with animals.  
3. The system applies to importations from all countries. 
4. There are no restrictions in rela tion to the quantity or value of imports. The importation of these 
goods is regulated due to safety concerns for people a nd animals if the goods are used inappropriately.  
5. The control on the specified goods is a statut ory requirement under Regulation 4 Schedule 2 
of the Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 1901 .  The 
control cannot be abolished w ithout 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 Ju stice and Customs or an authorised person.   
8. Apart from statutory or ordinary requirements th ere are no other criteria for refusal.  Reasons 
for refusal are given to applicants.  Applicants re fused permission to import may appeal on the merits 
of the decision to the Administrative Appeals Tribuna l. Alternatively, an appeal may be made on the 
decision-making process  itself under the Administrative Decisions (Judicial Review) Act 1977.   
Eligibility of importers to apply for licence  
9. (a) Not applicable. 
(b) All persons, firms and institutions are eligible to apply. G/LIC/N/3/AUS/3 
Page 22  
 
  Documentational and other require ments for application for licence
 
10. Applications must be made in writing to the Minister for Justice and Customs 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 or authorised person is required to be produced 
upon importation. 
12. No. 
13. No. 
Conditions of licensing  
14. The Minister may specify a time period for the validity of the permission.   
15. No. 
16. No. 
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/3 
 Page 23 
 
 
  IX. MONEYBOXES, PENCILS, PAINTBRUSHES AND TOYS COATED IN A 
MATERIAL CONTAINING EXCESS LEVELS OF HEAVY METALS AND OTHER TOXIC MATERIALS 
- Customs Act 1901  
- Customs (Prohibited Imports) Regulations 1956  
 
Outline of system
 
 
1. The importation of moneyboxes, pencils, paintb rushes and toys coated with a material 
containing excess levels of heavy metals and other toxic materials is prohibited under provisions of 
the Customs Act 1901  and the Customs (Prohibited Im ports) Regulations 1956  unless the permission 
of the Minister for Justice and Customs, or an authorised person, has been obtained.   
Purposes and coverage of licensing  
 
2. The goods covered are:  
• Money boxes coated with a material that contains more than 250 mg/kg of lead or 
lead compounds, calculated as lead. 
• Pencils, paint brushes, toys and playthings coated with a material the non-volatile 
content of which contains more than: 
− 250 mg/kg of lead or lead compounds, calculated as lead; or  
− 100 mg/kg of arsenic or arsenic compounds, calculated as arsenic; or  
− 100 mg/kg of antimony or antimony compounds, calculated as antimony; 
− 100 mg/kg of cadmium or cadmium compounds, calculated as cadmium; o
− 100 mg/kg of selenium or selenium compounds, calculated as selenium; o
− 10 mg/kg of mercury or mercury co mpounds, calculated as mercury; or  
− 100 mg/kg of chromium or chromium compounds, calculated as chromiu m
− 50 mg/kg of soluble compounds of barium, calculated as barium. 
 
3. The system applies to importations from all countries. 
4. There are no restrictions in relation to the quantity or value of imports. 
The importation of these goods is regulated to protect children, who may be at risk of 
poisoning from materials used to coat these items. 
5. The control on the specified goods is a stat utory requirement under Regulation 4, Schedule 2 
of the Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 1901 .  The 
control cannot be abolished w ithout legislative approval. 
Procedures  
6. Not applicable. 
7. (a) Application should be made in advance of arrival of the goods.   
(b) No. (c) There are no such limitations. G/LIC/N/3/AUS/3 
Page 24  
 
  (d) Permissions are granted by the Minister for Ju stice and Customs or an authorised person.   
Importers may be required to provide written confirmation from an analytical laboratory 
recognised by the National Association of Tes ting Authorities, Australia (NATA) or a NATA 
accredited authority, that their goods meet  the relevant Australian Standards.  
8. Apart from statutory or ordinary requirements there are no other criteria .  Reasons for refusal 
are given to applicants.  Applicants refused perm ission to import may appeal on the merits of the 
decision to the Administrative Appeals Tribunal. Alternatively, an appeal may be made on the 
decision-making process  itself under the Administrative Decisions (Judicial Review) Act 1977.   
Eligibility of importers to apply for licence
 
9. (a) Not applicable. 
(b) All persons, firms and institutions are eligible to apply. 
Documentational and other require ments for application for licence  
10. Applications must be made in writing to th e Minister or an authorised person.  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 for Justice and Customs or authorised person is 
required to be produced upon importation. 
12. No. 
13. Not applicable. 
Conditions of licensing  
14. The Minister for Justice and Customs may sp ecify a time period for the validity of the 
permission.   
15. No. 
16. No. 
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/3 
 Page 25 
 
 
  X. OBJECTIONABLE ITEMS 
- Customs Act 1901 
 - Customs (Prohibited Imports) Regulations 1956 
 
Outline of system  
 
1. Import controls exist on offensive publications a nd goods entering Australia.  Material which 
is prohibited under Regulation 4A, Importa tion of Objectionable Goods, of the Customs (Prohibited 
Imports) Regulations 1956  may not be imported without the prior written approval of the Attorney-
General or by an authorised person. 
Purposes and coverage of licensing  
 
2. Objectionable goods include: computer games; co mputer generated images; films; interactive 
games; publications that describe, depict, express or otherwise deal with matters of sex, drug misuse 
or addiction, crime cruelty, violence or revolting or abhorrent phenomena in such a way that they 
offend against the standards of morality, decency  and propriety generally accepted by reasonable 
adults to the extent that they should not be imported. 
 The goods may also be considered objectionable if the goods describe or depict in a way that 
is likely to cause offence to a reasonable adult, a pe rson who is, or who appears to be, a child under 18 
(whether the person is engaged in sexual activity or not).  In relation to a computer game the goods 
may be considered objectionable if the games are unsuitable for a person under 18 to see or play.  The 
goods may also be considered objectionable if th e goods promote or incite the misuse of a drug 
specified in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 .  
3. The regulations apply to the impor tation 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 we ll-being of the community.  The monetary value is 
not a criterion for control. 
5. The control on importation of the specified goods  is a statutory requirement under Regulation 
4A of the Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 1901 . The 
system cannot be abolished without legislative approval. 
Procedures  
 6. Not applicable. 
7. (a) Application should be made in  advance of arrival of the goods . Applications generally take up 
to 20 working days to process assuming the a pplicant has provided sufficient information to 
allow a decision to be made. Applications may be made retrospectivel y if goods land and are 
seized, whether the applicant inadvertently fails to apply in advance or does not realise the 
goods would be prohibited. The same processi ng time applies, and Customs will delay 
destruction of the goods once they are notified an application for permission has been made. 
(b) No. 
 (c) Permits may be issued at any period of the year. 
 G/LIC/N/3/AUS/3 
Page 26  
 
  (d) Applications for import permissi on required by Regulation 4A of the Customs (Prohibited 
Imports) Regulations 1956 are processed and issued by the Office of Film and Literature 
Classification (now the Classification Branch of the Attorney-General's Department). Under Regulation 4A(2A) of the Customs (Prohibited Imports) Regulations 1956 the Attorney-
General has appointed the Director of the Office  of Film and Literature  Classification as an 
authorised person to grant permissions to impor t.  The responsibility for determining whether 
material is ‘objectionable goods’ rests with the Australian Customs Service. 
 8. Application for permission to import can be refused on the discretion of the Attorney-
General.  Where an application is refused, applica tion for a review of the decision to refuse a permit 
may be made to the Administrative Appeals Tribuna l.  Where permission is granted appeals can be 
made against conditions imposed on importing th e goods. The Attorney-General may certify in 
writing that in the public interest the responsibility fo r permission or refusal should remain solely with 
the Attorney-General and should not be  reviewab le by the Administrative Appeals Tribunal.  A copy 
of the certificate including a statement of the grounds  on which the certificate is given should be given 
to the person to whom permission is refused or gran ted subject to conditions.  If permission is refused 
the Attorney-General is to notify the person refu sed in writing within 30 days of the decision. 
Eligibility of importers to apply for licence
 
 
9. (a)  Not applicable. 
(b) All persons, firms and institutions are el igible to apply for permission to import. 
 
Documentational and other requirem ents 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 Direct or, Office of Film and Literature Classification).  
The application should include the following information: 
• importer's name and address;  
• details of the goods to be imported;  
• quantity and distribution (end use);  
• the purposes for which the goods are to be imported; 
• explanation and evidence of the extent to  which the person to whom permission 
would be granted conducts activities of an ar tistic, 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; 
• explanation of the person’s ability to meet  any conditions that may be imposed in 
relation to the goods under subregulation 3 (i e. custody, use, reproduction, disposal, 
destructions, exportation or  accounting for the goods). 
 11. Proof of authorisation is required on importation. 
12. No. 
13. No. 
Conditions of licensing
 
 
14. Permits apply to one consignment only.  G/LIC/N/3/AUS/3 
 Page 27 
 
 
  15. No. 
16. No. 
17. Conditions may be applied regard ing 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. G/LIC/N/3/AUS/3 
Page 28  
 
  XI. IMPORTATION OF ANZAC GOODS 
- Protection of Word ‘Anzac’ Regulations 
- War Precautions Ac t Repeal Act 1920 
- Customs Act 1901  - Customs (Prohibited Imports) Regulations 1956 
 
Outline of Systems
 
 
1. There are two regulations under which the wo rd ‘Anzac’ is protected in Australia – 
Protection of Word ‘Anzac’ Regulations  and the Customs (Prohibited Imports) Regulations 1956.  
Importation into Australia of goods the descr iption of which includes or bears the word 
‘Anzac’, or advertising matter relating to those goods, is controlled by the Customs (Prohibited 
Import) Regulations 1956  and is prohibited except with the wr itten permission of the Minister for 
Veterans’ Affairs (the Minister) or an authorised officer. 
It is highly likely that a person making an application to import ‘Anzac’ goods under the 
Customs (Prohibited Imports) Regulations 1956  will also need to apply to  use the word ‘Anzac’ under 
the Protection of Word ‘Anzac’ Regulations.   
Purposes and Coverage of Licensing  
2. Licensing system maintained and products covered. 
• Protection of Word ‘Anzac’ Regulations 
• Customs (Prohibited Imports) Regulations 1956   
 
The purpose of Regulation 4V of the Customs (Prohibited Import) Regulations 1956  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 or a copy of the permit is produced to the Collector of Customs at or before the 
time of importation 
In certain circumstances, providing the goods obtain approval status, importers are able to 
obtain retrospective import approval after the goods have arrived in Australi a.  However, if the 
‘Anzac’ goods in question do not receive ministeria l approval they may be seized or retained by 
Customs.   
The Minister or an authorised officer may sp ecify 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 a permission where the conditions of the 
permit are not met. 
The Anzac Regulations protect the inappropriate use of the word ‘Anzac’ without the written 
permission of the Minister for Veterans’ Affairs.  
3. The regulation applies to the importation of goods from all countries..   G/LIC/N/3/AUS/3 
 Page 29 
 
 
  4. Regulation 4V of the Customs (Prohibited Import) Regulations 1956  is not intended to restrict 
the quantity or value of imports.  Rather, the Customs Regulations are designed to protect the 
inappropriate use of the word ‘Anzac’ for imports  (or locally produced goods).  No alternative 
methods have been considered due to the requirement s of the ‘Anzac’ Regulations, ie the Minister for 
Veterans’ Affairs needs to give permission. 
In the Customs (Prohibited Import) Regulations 1956 , a reference to the word ‘Anzac’ 
includes a reference to a word so  nearly resembling the word ‘Anzac’ as to be likely to deceive.  
Regulation 4V of the Customs (Prohibited Import) Regulations 1956 , in conjunction with the 
Protection of Word ‘Anzac’ Regulations , seeks to protect the inappropriate use and commercial 
exploitation of the word ‘Anzac’ and to protect the significance of the word, as representing the spirit 
and actions of the first Anzacs. 
5. The controls on the importation of ‘Anzac’ goods are statutory requirements under the 
legislation detailed below: 
• Customs (Prohibited Imports) Regulations 1956 
• Customs Act 1901 
• War Precaution Act Repeal Act 1920 
• Protection of Word ‘Anzac’ Regulations 
 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 a pplications may take between six to twelve 
weeks to process because of the stringent checks made on the individual or company applying 
to import the ‘Anzac’ goods.  Checks are also unde rtaken on the nature of the goods and their 
intended use.  
The importation of ‘Anzac’ goods is prohibite d without written approval from the Minister 
for Veterans’ Affairs.  Goods that arrive in to port without approval will be seized by 
Customs.  Accordingly, advanced consent w ill prevent the possibility of goods being seized 
by Customs because they do not meet legislative requirements. 
In addition to the Customs (Prohibited Import) Regulations 1956 , the Protection of Word 
‘Anzac’ Regulations  prohibit the use of the word ‘Anzac’  or any word resembling the word 
‘Anzac’ in connection with any trade, business, calling, or profession without the Minister or an authorised officer’s written approval.  Pe ople 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 can not be granted immediately on re quest as certain conditions must be fulfilled.  
Processing and assessing applications includes exte nsive checks and the preparation of a brief 
for the Minister’s consideration and decision.   
(c) Applications can be made at any time of the year. (d) The Department of Veterans’ Affairs is the only administrative organ that issues permits for 
the importation of ‘Anzac’ goods in acco rdance with Regulation 4V of the Customs 
(Prohibited Import) Regulations 1956 , and Permission to Use Wo rd ‘Anzac’ in accordance G/LIC/N/3/AUS/3 
Page 30  
 
  with the Protection of Word ‘Anzac’ Regulations .  When considering permit applications, 
other authorities may be contacted by the De partment to verify application details (for 
example, an opinion may be sought from th e Returned & Services League of Australia 
(RSL)). 
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, eg the use of the word 
‘Anzac’ on an inappropriate product; 
• the applicant is not considered fit and proper;  
• if other 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(s) for it.  There are no appeal provisions under the Regulations, however, the Minister 
will consider a request for a reconsideration if the applicant is able to provide new information in 
support of their application. 
Eligibility of importers to apply for licence
 
9. (a) Any person, firm or institution is eligible to apply to the Mi nister for Veterans’ Affairs to 
import ‘Anzac’ goods.   
(b) Not applicable 
Documentation and other requireme nts for application for licence  
10. An application can be submitted in the form of a letter or e-mail.  There is no specific format.  
Every application is considered on its individual me rits and if additional in formation is required a 
Departmental staff member will contact the applicant and request the information.   
Applications should include, but are not restricted to: 
 
• name of the applicant/importer (person and organisation); 
• name and address of registered company/premises; 
• nature of the business and purpose of the proposed ‘Anzac’ goods; 
• a current copy of the company Australian Busi ness 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 re quired at the time of importation. 
12. No. 
13. No.  G/LIC/N/3/AUS/3 
 Page 31 
 
 
  Conditions of Licensing  
14. The period of the import permit is specified in th e 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, for example, the annual importation of ‘Anzac’ biscuit tins, where it is necessary 
for the Minister for Veterans’ Affairs to be satis fied the design on the tin does not contravene the 
Regulations. 
The period of an existing permit can not be ex tended, but a new permit may be issued upon 
request to the Minister. 
15. No.  
16. Permits are not transferable. 
17. (a) Not applicable 
(b) Not applicable 
Other Procedural Requirements  
18. No 
19. Not applicable. G/LIC/N/3/AUS/3 
Page 32  
 
  XII. FLAGS, ARMS & SEALS   
- Customs Act 1901 
- Customs (Prohibited Imports) Regulations 1956 
 
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  without the permission of the Minister for Justice 
and Customs, or an authorised person.  
Purposes and coverage of licensing  
2. The goods covered are:   
• Goods to which, or to the coverings of which,  there is applied a representation of the arms, a 
flag or a seal of the Commonwealth or of a State or Territory of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of the Commonwealth or of a 
State or Territory of the 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 th e Royal Arms as to be likely to deceive    
 3. The system applies to the importation of goods originating from all countries. 
4. There are no restrictions in relation to the quantity or value of imports. 
The importation of goods bearing the arms or having applied to them a representation of a 
flag or seal of the Commonwealth or a State or Territory was introduced to act as a quality control 
measure to ensure that representations are r ealistic, of good quality and do not breach other 
legislation.  
5. The control on the specified goods is a stat utory requirement under Regulation 4, Schedule 2 
of the Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 1901 .  The 
Minister for Justice and Customs requires the prior approval of the design by the Department of Prime 
Minister and Cabinet or the relevant State/Territory  Protocol section before an import permission will 
be issued.  The control cannot be a bolished without legislative approval. 
Procedures
 
6. Not applicable. 
7. (a) Applications should be made in advance of  the importation of the goods.  As both design 
approval and import permission ar e required, it is recommended that the design be approved 
prior to the mass production of goods.   
(b) Permissions cannot be gran ted immediately on request.   
(c) Permits may be issued throughout the year.  G/LIC/N/3/AUS/3 
 Page 33 
 
 
  (d) Designs must be approved by the Department of Prime Minister and Cabinet or the relevant 
State/Territory protocol section and permis sion to import obtained from the Minister for 
Justice and Customs, 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 a ppeal on the merits of the decision to the 
Administrative Appeals Tribunal. Alternatively, an appeal may be made on the decision-making 
process  itself under the Administrative Decisions (Judicial Review) Act 1977.   
Eligibility of importers to apply for licence  
9. (a) Not applicable. 
(b) All persons, firms and institutions are e ligible to apply for permission to import. 
Documentational and other require ments for application for licence  
10. Applications for permission to import goods should include: 
• The importer’s name and address; 
• A description of the goods;  
• A copy of the approved design; and 
• The design approval. 
 11. The permission from the Minister for Justice and Customs or authorised person is required to 
be produced upon importation. 
12. No. 
13. No. 
Conditions of licensing
 
14. Import permissions are not subject to a validity period. 
15. No. 
16. No. 
17. No. 
Other procedural requirements  
18. No. 
19. Not applicable. 
 
 G/LIC/N/3/AUS/3 
Page 34  
 
  XIII.  CHEESE, CERTAIN TYPES 
- Customs Act 1901 
- Customs Tariff Act 1995 
 Outline of system
 
 1. Australia administers a tariff quota on imports of certain types of cheese and curd.  Under the 
Cheese and Curd Quota Scheme the tariff quota applies to certain types of cheese  and curd that can be 
imported at a concessional rate of duty ($0.096/kg) and is restricted to 11,500 tonnes per annum.  
Imports can be made outside the 11,500 tonne quot a allocated each year, but a higher rate of duty 
($1.220/kg) applies.  
Purposes and coverage of licensing
 
2. No licensing system, is maintained for out -of-quota cheese imports. For in quota cheese 
imports individuals or companies which have historically imported dutiable cheese 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 which do not have a share of the tariff quota may still import cheese 
however at the out-of-quota tariff rate.  The products covered by the tariff quota are as follows: 
Number 
0406 Product Type 
Cheese and Curd Rate of Duty 
 
0406.10 Fresh (unripened or uncured ) cheese, including whey cheese, 
and curd $A0.096/kg (a) 
$A1.220/kg (b) 
0406.20 Grated or powdered cheese, of all kinds $A0.096/kg (a) 
$A1.220/kg (b) 
0406.30 Processed cheese, not grated or powdered $A0.096/kg (a) 
$A1.220/kg (b) 
0406.40 Blue-veined cheese: 
- Roquefort, Stilton 
- Other  
Free (c) $A0.096/kg (a) 
$A1.220/kg (b) 
0406.90 Other Cheese: 
-  Cheese, of  the following types:  
--   made wholly from goats’ milk, other than 
    feta or kasseri 
    --   surface-ripened soft, having: 
(i) a fat content in the dry matter of not less 
than 50% by weight, and 
(ii) a moisture content of not less than 65% 
by weight of the non-fatty matter 
- Other (includes Cheddar, Colby, Edam, Gouda,  
Havarti, Parmesan, Kasseri, Mozzarella, Provolone, Feta  
Free (c) 
    
 
  $A0.096/kg (a) $A1.220/kg (b) 
(a)  Rate for cheese imported within the tariff quota. 
(b)  Bound rate for cheese imported in excess of tariff quota ceiling. 
(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 (f.o.b. price) of the product.  G/LIC/N/3/AUS/3 
 Page 35 
 
 
  3. The system applies to cheeses originating in and coming from all countries except New 
Zealand, Papua New Guinea, South Pacific Forum Island Countries, Singapore, United States of America or Thailand. 
4. The licensing system is used to administer the tariff quota. 
5. The licensing system is maintained under the Customs Act 1901 , and the Customs Tariff Act 
1995.  The system cannot be abolishe d without legislative approval. 
Procedures
 
 
6. I. The names of all tariff quota holders and their quota allocation are made public through 
publication in the Commonwealth of Australia Gazette. 
II. The size of the tariff quota is 11,500 tonnes pe r annum.  The allocation of the tariff quota to 
individual importers occurs on an annual basis.  III. Tariff quota allocations to individuals or co mpanies are based on historical trade performance 
in the importation of cheese.  No tariff quota is a llocated on the basis of domestic production of like 
product.  Unused parts of the tariff quota allocation are not added to the tariff quota for the following 
year except where there are exceptional circumstanc es preventing the landing of a consignment in the 
period immediately before the new tariff quota period begins.  IV. Not applicable.  
V. Not applicable. 
 VI. Not applicable.  VII. The Australian Customs Service ad ministers all aspects of the scheme. 
 
VIII. Tariff quotas are allocated to importers on the basis of historical trade performance.  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. None. 
Eligibility of importers to apply for licence
 
9. (a) No.  Only those firms that have a history of trade performance in importing cheese are 
allocated a share in the tariff quota.  The alloca tion by Government of the tariff quota is made 
strictly on the basis of their historical trade perfo rmance.  Firms are free to transfer their tariff 
quota allocation.  The actual use of that transf erred quota to import goods will generally result 
in the alteration to allocations in subsequent years. G/LIC/N/3/AUS/3 
Page 36  
 
  (b)   Not applicable. 
Documentational and other require ments for application for licence
 
10. Applications are not required.  Eligible importe rs are advised of their entitlement based on the 
Australian Customs Service records of import entries lodged during the preceding base period. 
11. No quota specific document is required on importation. 
12. No. 
13. No.  
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, individuals or companies that 
do not utilise their allocation will either lose their allocation or have it reduced. 
16. Tariff quota allocations can be transferred between individuals and companies without 
limitation. 
17. (a) No. 
(b)   No. 
Other procedural requirements  
18. No. 
19. Not applicable. 
  G/LIC/N/3/AUS/3 
 Page 37 
 
 
  XIV.  MOTOR VEHICLES 
- Motor Vehicles Standards Act 1989 
 - Motor Vehicle Standards Regulations 1989  - Determinations under the Motor Vehicles Standards Act  - Customs Act 1901 
 
Outline of system
 
 
1. Importation into Australia of new and used road motor vehicles is controlled under the Motor 
Vehicle Standards Act 1989 (the MVSA) and the Motor Vehicle Standards Regulations 1989  (the 
Regulations) and Determinations. 
Purpose and coverage of licensing  
2. Import approvals are required for all ro ad vehicles imported into Australia.  
3. The MVSA, Regulations, Determin ations and Australian Design Rules (ADRs), apply to the 
importation of all new and used road vehicles from all countries. 
4. The importation of standard vehicles is not restri cted in quantity or valu e.  Importation of new 
and used vehicles that do not meet ADRs is restricted  and subject to controls to ensure that Australian 
safety and environmental standards are not breached. 
An independent review of the MVSA was conducted in 1999 to c onsider alternative 
approaches to ensure vehicles supplied to the Au stralian market met the Australian Government’s 
safety and emission performance objectives.  Revisi ons were made to the MVSA in 2000 taking into 
account the recommendations of the review. 
5. Legislative requirements are set out in the Motor Vehicle Standards Act 1989 , the Motor 
Vehicle Standards Regulations 1989  and associated Determinations.  Controls on the import of 
vehicles are statutory requirements and cannot be abolished without legislative approval. 
Procedures  
6. I. Information about the requirements and pro cedures for applying for a vehicle import approval 
is published on the Internet at www.dotars.gov.au or can  be supplied to applican ts upon request to the 
Department of Transport and Regional Services.  Attention is also drawn to the requirements for 
vehicle import approvals through other government agen cies, such as the Austra lian Customs Service.  
Information is also readily available from shippi ng agents and Australian di plomatic posts around the 
world. 
II. Restrictions are applied to individuals impor ting used road vehicles in commercial quantities.  
There is no limit on the number of individuals that  may be licensed hence a numerical quota is not 
applied; the only restriction is on the individual importer.  The current licence period is two years. 
 
 Returning Australian citizens and migrants may import their previously owned vehicle.  There 
is a restriction of one vehicle per year to eligible  persons.  There are no restrictions on the importation 
of vehicles that comply with Australian Design Rules (ie that are ‘standard’ vehicles).  
III. Import approvals are not depe ndent on whether an applicant is a domestic producer of like 
goods.  Approvals are issued on the basis of prescribed circumstances set out in the Motor Vehicle G/LIC/N/3/AUS/3 
Page 38  
 
  Standards Regulations 1989 .  There is no follow-up action taken if a vehicle is not imported following 
the issue of an import approval. 
 
 The names of individuals who have been issued  with import approvals are not made available 
to governments and export promotion bodies of expor ting countries upon request.  This information is 
subject to Australian information privacy legislatio n and can only be released if information privacy 
requirements are met.   IV. Not applicable.  
V. The period for issuing import approvals is nor mally within 17 days.  However, approvals may 
be issued within one day or as long as 40 days, depending on the type of approval being processed and the complexity of the information provided in support of an application.  VI. Not applicable. 
 
VII. Yes.  Imports of previously owned vehicles are restricted to Australian citizens or permanent 
migrants.  The latter category is required to ha ve a valid visa provided by the Department of 
Immigration and Multicultural Affa irs.  Importers must satisfy Australian Customs requirements. 
 VIII. Not applicable.  For used vehicles impor ted in commercial quantities, each applicant on 
satisfying the legislative provisions, may import no t more than 130 eligible vehicles per vehicle 
category (e.g. passenger car, off road vehicle, light  commercial vehicle etc.) per year.  New importers 
are required to satisfy the provisions of the MVSA  and Regulations before a licence is issued.  
Applications are examined on receipt.  
IX. Not applicable. 
 X. Not applicable.  XI. The Regulations include provisions to allow the importation of vehicles imported for export 
that do not meet the ADRs.  These vehicles may not be sold in the domestic market and must be 
exported. 
 7. (a) Applications to import vehicles are normally pr ocessed within 17 days following receipt of all 
relevant information. 
(b) Yes, providing all statutory requirements are met. 
(c) There are no limitations on the da te of submission of applications. 
(d) The Department of Transport and Regional Services administers the vehicle import approval 
regime.  However, issues relating to Customs, immigration and quarantine must be dealt with through the relevant agencies. 
8. There are no circumstances under which applica tions for import approval are refused other 
than failure to meet the statutory criteria in the Motor Vehicle Standards Act 1989 , Regulations, and 
Determinations.  Reasons are provided to the applicant where a refusal is issued. 
Applicants may appeal to the Administrative A ppeals Tribunal (AAT) in the event of refusal 
to issue an import approval.  Information about th e AAT and procedures for appellants is available at: 
http://www.aat.gov.au.  G/LIC/N/3/AUS/3 
 Page 39 
 
 
  Eligibility of importers to apply for licence  
9. All persons, firms and institutions may apply for approval to import vehicles.  The granting of 
an approval is dependent on whether the applicant and the vehicle(s) meet the applicable criteria 
under the Motor Vehicle Standards Act 1989 . 
(a) Under personal import arrangeme nts a person, who is an Australian citizen or an Australian 
permanent resident, or has applied to beco me an Australian citizen or an Australian 
permanent resident, may apply for approval to import a vehicle that they have owned and 
used for a continuous period of at least 12 months, where they have  not imported another 
personal vehicle within the previous 12 months. 
Where a vehicle is to be imported and used exclusively for racing or rallying purposes an 
application for import approval must be ma de.  Approval will be granted where it is 
established that the vehicle is solely for raci ng purposes and for a particular event and/or is 
imported by a person holding an appr opriate recognised racing licence. 
Applications for import approvals for used imported vehicles can only be submitted by 
approved Registered Automotive Workshops, or by a workshop importing one vehicle in the 
initial process of becoming an approved work shop.  Workshops must  be a company in 
Australia, or have an appointed company in Australia as a sponsor. 
(b) Applications can be made for import approva l of new standard vehicles (ie new vehicles 
complying with the ADRs or new vehicles that ar e to be modified to comply with the ADRs) 
by the person(s) or organisations that have been  issued with Identification Plate Approvals for 
the make and model of the vehicles being app lied for.  The numbers of vehicles imported 
under these import approvals are not restricted. 
There are no restrictions on the applicant or the number of vehicles that can be imported 
where the vehicles have been manufactured befo re 1 January 1989.  Application must be 
made, and approval granted, in relation to each such vehicle. 
Documentational and other require ments for application for licence  
10. Applicants are required to provide name or  company details including address and contact 
phone numbers.  Relevant details of the vehicles to be imported are required to determine if the 
vehicle is eligible under the legislative requirement s.  Eligible persons seeking to import a previously 
owned vehicle are also required to provide confirma tion of overseas travel and ownership and use.  
Copies of the application form are available from the website at: http://www.dotars.gov.au/transport/safety/road/bulletin /importing.aspx.  All first time applicants are 
required to provide a certified copy of either a dr iver’s licence or picture page of their passport. 
11. Importers must obtain a Vehicle Import Appr oval before a vehicle can be imported into 
Australia.   
12. An administrative charge of $50 is required fo r the lodgement of a vehicle import approval 
application. 
13. Payment of relevant fees must accompany the lodgement of an application for vehicle import 
approval or, in the case of used imported vehicles,  be paid online upon the application form being 
received by the electronic application form submission process.  The lodgement fee is not refundable. 
 G/LIC/N/3/AUS/3 
Page 40  
 
  Conditions of licensing
 
14. Most import approvals do not have an expiry  date.  Approvals issued to entities holding 
authorities to supply new vehicles to the Australian market are valid for 5 years.  The import approvals granted for vehicles imported for test pu rposes normally require that such a vehicle be 
exported or destroyed within 12 months unless modi fied to legislative requirements.  Approvals 
issued in relation to used imported vehicles also c ontain a condition that vehicles must be modified to 
meet the ADRs within 12 months or must be exported or destroyed. 
15. No. 
16. No. 
17. (a) Conditions may be applied to a Vehicle Impor t Approval for a vehicle that does not comply 
with ADRs. 
(b)  Conditions may be applied to a Vehicle Import Approval. 
Other procedural requirements
 
18. Administrative requirements of the Australian Customs Service and the Australian Quarantine 
Inspection Service must be met before a vehicle is imported into Australia.  In cases of immigrants 
importing their personal vehicle the requirements of the Department of Immigration and Multicultural 
Affairs must also be met. 
19. Not applicable. 
  G/LIC/N/3/AUS/3 
 Page 41 
 
 
  XV. WOOLPACKS 
- Customs Act 1901 
- Customs (Prohibited Imports) Regulations 1956 
 
Outline of system  
 
1. The importation of woolpacks and woolpack cap s is prohibited under the provisions of the 
Customs Act 1901  and Customs (Prohibited Imports) Regulations 1956  unless the permission of the 
Australian Government Minister for Agriculture, Fish eries and Forestry, or an authorised person is 
granted, or a Test Certificate certifying that the woolpacks conform to Australian standards is 
produced. 
Purposes and coverage of licensing  
2. The goods covered are: 
New woolpacks and woolpack caps unless: 
• the permission of the Minister for Agriculture, Fisheries and Forestry, or an authorised person 
is obtained;  or, 
• a Test Certificate issued by a prescribed testi ng authority, certifying that the woolpacks or 
woolpack caps conform to Australian Wool Exchange (AWEX) standards is produced. 
 
Second-hand woolpacks and woolpack caps unless the permission of the Minister for 
Agriculture, Fisheries and Forestry or an author ised person is obtained.  The importation of second-
hand woolpacks for use as containers of wool is not permitted. 
3. The regulations apply to the impor tation of goods from all countries. 
4. The importation of woolpacks is regulated to provide adequate pack strength and to minimise 
fibre contamination of the Australian Wool clip. 
5. The control on importation of the specified goods is a statutory requirement under 
Regulation 4K of the Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 
1901 .  The system cannot be abolishe d without legislative approval. 
Procedures  
6. Not applicable. 
7. (a)  Application should be made in advance of arrival of the goods.  In certain circumstances, 
import permission can be given for goods which have inadvertently arrived at the point of 
entry. 
(b) Permits may be issued promptly if a genuine emergency exists. 
(c) Permits may be issued at any period of the year. (d) A Test Certificate may be issued by a prescrib ed testing authority in Australia or overseas to 
certify that the woolpacks or woolpack caps c onform to Australian Wool Exchange (AWEX) 
standards.  G/LIC/N/3/AUS/3 
Page 42  
 
  Applications for import permission are pro cessed and issued by the Department of 
Agriculture, Fisheries and Forestry.  
8. Application for permission to import can be refused on the discretion of the Minister for 
Agriculture, Fisheries and Forestry.  There is no ri ght of appeal against the Minister's decision. 
Eligibility of importers to apply for licence
 
9. (a) Not applicable. 
(b) All persons, firms and institutions are e ligible to apply for permission to import. 
Documentational and other require ments for application for licence  
10. For permission to import applications must be ma de in writing to the Minister for Agriculture, 
Fisheries and Forestry.  The application should include the following information: 
• importer's name and address; 
• details of the goods to be imported; 
• quantity and distribution (end use). 
 11. Proof of authorisation or a Test Certificate is required on importation. 
12. No. 
13. No. 
Conditions of licensing
 
14. Permits apply to one consignment only. 
15. No. 
16. No. 
17. Conditions may be applied regard ing the custody, use, disposal or destruction of the imported 
woolpacks or woolpack caps for the purpose of ensuring that they are not used otherwise than for the 
purpose for which the permission is granted. 
Other procedural requirements  
18. No 
19. Not applicable. 
  G/LIC/N/3/AUS/3 
 Page 43 
 
 
  XVI.  NARCOTIC DRUGS, PSYCHOTROPIC SUBSTANCES AND RELATED 
CHEMICALS  
- Customs Act 1901 
- Customs (Prohibited Imports) Regulations 1956 
 
Outline of systems  
 
1. Licences and permits are issued to control the import of specified narcotic drugs, 
psychotropic substances and related chemicals, includi ng kava. 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 sci entific need and preventing diversion to the illicit 
drug market. 
Purposes and coverage of licensing  
 
2. The drugs covered are substances listed in Schedule 4 of the Customs (Prohibited Imports) 
Regulations 1956 .  The licensing system covers persons i nvolved 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 Conve ntion on Narcotic Drugs, 1961, 
the Convention on Psychotropic Substances, 1971, and Table I of the Convention Against Illicit 
Traffic in Narcotic Drugs and Psychotropic Substances, 1988. 
 An exemption applies in the case of a drug that is imported by a passenger on a ship or 
aircraft where the drug: 
(a) (i) is required for the medical treatment of the person or anot her passenger under the 
care of the person; 
 (ii) was prescribed by a medical practiti oner for the purpose of that treatment; and 
 (iii) was supplied to the person in accord ance 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 fo r use in the animal for the purposes of that 
treatment; and  
(iii) was supplied to the person in accordance w ith the prescription of the veterinarian. 
 
3. The system applies to importers of controlled substances from all countries. 
4. The use of import licences and permits enables the Government to restrict and monitor the 
quantities of controlled substances imported. This is  intended to prevent the over-supply and diversion 
of controlled substances and is one strategy adopted  to address drug misuse. The system is based on 
the requirements of the international treaties.  
5. The Customs Act 1901  and the Customs (Prohibited Imports) Regulations 1956  govern the 
importation of drugs.  The licensing of importers is  a statutory requirement under paragraphs 50(3)(a) 
and (b) of the Customs Act 1901 .The drugs subject to control are specified in Schedule 4 to 
Regulation 5 of the Customs (Prohibited Imports) Regulations 1956 .  This system cannot be abolished 
without legislative approval. 
Procedures  
 
6. I. National import limits for substances controlle d by the Single Convention on Narcotic Drugs 
are set by an estimates system administered by the International Narcotics Control Board (INCB).  G/LIC/N/3/AUS/3 
Page 44  
 
  The INCB publishes the estimates (import limits) for all parties to the Conventions.  Allocation of 
limits for imports from particular countries is not a pplicable.  Individual importers are allocated a 
quota, within Australia’s estimate, for each subs tance and advised of their quotas.  These quotas are 
regarded as commercial-in-confidence and are not publ ished or made available to third parties.  
Requests for exceptions and derogations from the li censing requirements must be directed to the 
Treaties and Compliance Team, Commonwealth  Department of Health and Ageing. 
II. Quotas are allocated annually to each licensed  importer based on previous requirements and 
stock levels.  Some of the estimate is not allocated  in initial quotas so that individual allocations may 
be increased where justified and to make provision for new importers.  
III. Whether applicants are domestic producers is not  relevant to their application for an import 
licence.  Import permits are required for each ship ment and are only issued to licensed importers.  
Quotas are maximums rather than targets and theref ore it is not necessary for permits to be issued for 
the entire amount, nor is unused allocation accumulated.   A list of licensed importers is available to 
governments on request.  Quota information is not available. 
 
IV. Applications for licences are accepted at any time.  Quotas are assigned and reviewed as INCB estimates are set.  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.  Permits generally take te n working days after receipt of an application.  Almost all permits 
are issued within ten working days of the application being submitted.  VI. An import permit may be issued immediately following the grant of a licence.  Import could 
then proceed. 
 
VII. Licences and permits are administered by the Treaties and Compliance Team, Office of Chemical Safety, Australian Government Departme nt of Health and Ageing.  State licence or 
legislative exception must be supplied at the time of applying for a licence to import., additional 
controls are imposed on some substances (for exam ple, if the drug is not approved in Australia, 
quarantine restrictions, etc,) and th e appropriate procedures for these controls must also be completed. 
 
VIII. There is no limit on the number of licences and permits to be issued. However where relevant, 
the total imports cannot exceed the INCB administered  estimate.  Licence renewals for each year are 
examined simultaneously for quota allocation.    
IX. Import permits are required for all shipments of controlled substances regardless of whether 
an export permit is also required.  In fact, for many of the controlled substances, the conventions 
require that the export permit can only be issued after an import permit has been sighted.  X. As required by the Single Convention on 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 fo r a licence or permit application.  However, 
stringent checks of applicants for licences are unde rtaken in order to issue a licence.  Permits 
will only be issued to a licensed importer.  G oods arriving at the port without a permit cannot 
be imported and retrospectiv e permits cannot be issued.  G/LIC/N/3/AUS/3 
 Page 45 
 
 
  (b) No. 
(c) No. (d) Import licences and import permits are both issu ed by the Australian Government Department 
of Health and Ageing.  When considering li cence applications, State licence or legislative 
exception must be supplied at the time of a pplying for a licence to import, the company 
applying contacts the relevant State Authority.  Other authorities may be contacted by the 
Department to verify application details (fo r example, Customs for personnel checks of the 
company applying).  The applicant does not  need to approach these authorities. 
8. An application may be refused if: 
• The criteria are not met.  These criteria require the importer to be a “fit and proper person” 
and maintain adequate security for storage for security; 
• The import would be excessive to national requirements;  
• If other permission is required but has not been obtained (for example, quarantine, State 
licences).  
 
A licence or permit may be revoked if the licence holder fails to comply with the conditions 
of the licence. 
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 in to the importer’s notice.  In the case of the 
applicant being dissatisfied with the Minister’s findi ng, an application for a review of the Minister’s 
decision can be made to the Administrative Appeals Tribunal. 
Eligibility of importers to apply for licence
 
9. (a) Any person, firm or institution may apply fo r a licence.  A licence shall not be granted unless 
the applicant is a fit and proper person to be  granted a licence to import drugs and suitable 
security arrangements for the holding of drugs are in place.  A licence is granted subject to conditions concerning use, sale and distribution of the substa nces.  Import permits are only 
issued to licence holders.  State licence or legi slative exception must be supplied at the time 
of applying for a licence to import. 
A list of licensed importers is available to ot her governments from the Australian Government 
Department of Health and Ageing. 
(b) Not applicable. 
Documentational and other require ments for application for licence
 
10. Applications for licences and permits must be  submitted on either an  "Application for a 
Licence to Import Controlled Substances" or "A pplication for a Permit to Import Controlled 
Substances" respectively.  Copies of the applica tion forms are attached at Appendix 1 and 2. 
For a licence application, the following information must be supplied: 
• 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.); G/LIC/N/3/AUS/3 
Page 46  
 
  • Classes of controlled substances to be held (e .g. narcotic drugs, ps ychotropic substances, 
precursor chemicals, laboratory standards, etc.); 
• Details of licences held relating to the storage,  manufacture or distribution of the substances; 
• Details of all persons who will have access to  the controlled substances, including their 
positions and qualifications and specific backgr ound information to enable a security check; 
• Details of the security arrangements for the storage, distribution and handling of the 
substances; 
• Details relating to the applicant's appointment of an agent (eg. shipping, agent, customs 
agent). 
 
For a permit application, the following information must be supplied: 
• 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 u ser and the use of the end substance. 
 
A separate Permit to Import is required for ever y shipment of a controlled substance and will 
not be issued unless a licence is already held.  A ll permits must be obtained in advance of the 
controlled substance arriving in Australia. 
11. The import permit is the required document and,  for some substances, the complementary 
overseas export permit. 
12. No. 
13. No. 
Conditions of licensing
 
14. Import licences are valid until the end of the calendar year (year of application if applied for 
before 30 September, or following year if after 30 September). Import permits are usually valid for six 
months, but may be amended if necessary. 
15. No.  However, if a licence holder has not used  the licence during the year and applies for a 
renewal, the applicant may need to  justify retention of the licence. 
16. Licences and permits are not transferable.  However, quotas may be transferred between 
importers with the agreement of both parties. 
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 s ubstances and related chemicals for commercial 
supply should familiarise themselves with the requirements of the Therapeutic Goods Act 1989  in  G/LIC/N/3/AUS/3 
 Page 47 
 
 
  relation to the importation of therapeutic goods for supply in Australia.  For example, requirements 
for entry of goods in the Australian Register of Therapeutic Goods prior to supply; requirements for 
compliance with standards and advertising regul ations and with Codes of Good Manufacturing 
Practice 
19. Not applicable. 
  G/LIC/N/3/AUS/3 
Page 48  
 
  XVII.  THERAPEUTIC SUBSTANCES AND GOODS 
- Therapeutic Goods Act 1989 
- Therapeutic Goods Regulations 1990 - Therapeutic Goods (Medical Devices) Regulations 2002 - Customs Act 1901 
- Customs (Prohibited Imports) Regulations 1956 
 
Outline of Systems
 
 
1. Importation into Australia of therapeutic goods for human use is controlled under the 
Therapeutic Goods Act  1989 , and its Regulations, and the Customs (Prohibited Imports) Regulations 
1956 .  
 Under the Therapeutic Goods Act 1989 , therapeutic goods may not be imported into Australia 
unless they are registered, listed or included in th e Australian Register of Therapeutic Goods or 
specifically exempt from this requirement. One exem ption is for personal importation of therapeutic 
goods. Under Schedule 5 of the Therapeutic Goods Regulations 1990 , an individual may import a 
therapeutic good into Australia on their person, or arranges from within Aust ralia for a therapeutic 
good to be sent to them from an overseas supplier, subject to the following:   
• the goods are to be used by that individual or  a member of his/her immediate family and are 
not sold or supplied to any other person;  
• the quantity imported may not exceed three m onths' supply per importation and the total 
quantity imported per year can not exceed 15 months' supply at the manufacturer's 
recommended maximum dosage; 
• substances, which are a prohibited import under the Customs (Prohibited Imports) 
Regulations 1956 , may not be imported without an import permit; 
• products which are injections containing material  of human or animal origin (except insulin) 
may not be imported as personal imports, wit hout permission from the Therapeutic Goods 
Administration; and 
• in order to import any product which is a pres cription medicine (substances in Schedules 4 or 
8 of the Standard for the Uniform Scheduling of Drugs and Poisons), the importer must have a 
prescription issued by a medical practitioner regi stered 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 re quired in the case of medicines in Schedule 
4 of the Customs (Prohibited Im ports) Regulations 1956  if the passenger does not have a 
prescription).  
 
 Importation of certain substances is prohibite d under regulations 5A , 5G and 5H of the 
Customs (Prohibited Imports) Regulations 1956  except with the permission of the Secretary of the 
Australian Government Department of Health and Ageing. These substances include antibiotics, 
certain hormones (included in Schedules 7A of the Customs (Prohibited Imports) Regulations 1956 ) 
and other substances, including an abolic or androgenic substances (included in Schedule 8 of the 
Customs (Prohibited Imports) Regulations 1956 ). Substances of human or animal origin are not 
prohibited imports per se.   Importation of narcotic drugs, psychotropic s ubstances and related ch emicals, including kava, 
is also controlled under the Customs (Prohibited Imports) Regulations 1956 . Those controls are 
described separately in this document, in the sec tion titled “Narcotic Drugs, Psychotropic Substances 
and Related Chemicals”.   G/LIC/N/3/AUS/3 
 Page 49 
 
 
  Purposes and Coverage of Licensing  
 
2. Import permits are issued under the Customs (Prohibited Imports) Regulations 1956  both for 
goods approved for marketing in Australia and fo r “unapproved” goods where supply is considered 
appropriate (e.g. in the context of clinical tr ials or special patient access). The therapeutic 
substances/goods covered are: 
• Substances named in regulation 5A(1) of the Customs (Prohibited Im ports) Regulations 1956 .  
Currently, only antibiotic subs tances are so specified. Exem ption 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 aircra ft and the amount does not exceed 3 months 
supply of the substance at the maximum dosage recommended  by the manufacturer of 
the substance; or 
− antibiotics imported by a member of a group of  persons visiting Australia to participate 
in a national or international sporting event, and for use in the treatment of a member or 
members of that group or an animal that is being imported and is under the care of the 
group. 
• Goods to which regulation 5G of the Customs (Prohibited Imports) Regulations 1956  refer, 
that is, goods, which are, listed in Schedule 7A to the Regulati ons. Schedule 7A currently lists 
therapeutic goods which are mostly, hormones. Exemption applies where: 
− the substance is required for the medical tr eatment of a person who is a passenger on a 
ship or aircraft; and 
− the substance is imported into Aust ralia on the ship or aircraft; and 
− the substance was prescribed by a medical practitioner for that treatment; and 
− the amount of the substance imported does not exceed the amount of the substance 
prescribed by the medical practitioner for the person receiving the treatment. 
 
 However, the above exemption does not appl y if the goods are required for the medical 
treatment of a person who is a competitor within the meaning of the Australian Sports Drug Agency 
Act 1990 ; or a person who has come to Australia for purposes relating to the performance of a 
competitor or the management of a co mpetitor or a competitor’s interest. 
 
• Goods to which Regulation 5H of the Customs (Prohibited Imports) Regulations 1956  refers, 
that is, goods listed in Schedule 8 to the Re gulations. Schedule 8 includes anabolic or 
androgenic substances. 
 3. The regulation applies to the importation of therapeutic goods from all countries. 
4. The controls under the Therapeutic Goods Act 1989  safeguard public health in Australia 
through regulation of the quality,  safety and efficacy or performance of therapeutic goods intended for 
supply in Australia. 
 The controls under the Customs (Prohibited Imports) Regulations 1956  are intended to 
restrict entry to Australia of substances that may be  the subject of abuse in one form or another, or 
pose a risk to public health such that they shoul d not be accessible to the general public via personal 
import arrangements. The importation of antibiotics is regulated as a pubic health measure. It also G/LIC/N/3/AUS/3 
Page 50  
 
  allows information on the distribu tion and consumption of antibioti cs in Australia to be obtained. 
Goods listed in Schedules 7A and 8 to the Regu lations are those known to be associated with 
particular hazards or concerns, which warrant rest riction or prohibition of their use. The monetary 
value of the goods is not a criterion for control.   
5. The controls on importation of therapeutic  goods are statutory requirements under the 
Therapeutic Goods Act 1989 , and associated regulations, and under the Customs Act 1901 , and 
associated Customs (Prohibited Imports) Regulations 1956 . The system cannot be abolished without 
legislative approval. 
Procedures
 
 
6. Not applicable.  
7. (a) Application for importation should be made in a dvance of the arrival of the goods.  In certain 
circumstances, import permission can be given for goods which have inadvertently arrived at 
the point of entry. 
(b) Permits may be issued immediat ely if a genuine emergency exists. 
 (c) Permits may be issued at any period of the year.   (d) Applications for import permits unde r regulations 5A, 5G and 5H of the Customs (Prohibited 
Imports) Regulations 1956  are processed and issued within the Australian Government 
Department of Health and Ageing. 
 8. If an import permit under regulations 5A, 5G or 5H of the Customs (Prohibited Imports) 
Regulations 1956  is refused, the applicant is notified in writing of the reasons for refusal. A request 
for review of the refusal can be made to the Au stralian Government Minister who administers the 
Therapeutic Goods Act 1989 , within 90 days after the decision fi rst comes into the importer’s notice. 
In the case of the applicant being di ssatisfied with the Minister’s findi ng, 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) Not applicable. 
(b) All persons, firms and institutions are eligible  to apply for permission to import provided they 
are domiciled in Australia. They must also comply with any State/Territory legislation 
relating to manufacture and wholesale 
 
Documentational and Other Requirements for Application for Licence  
 
10. For permission to import antibiotics under Regulation 5A(1) of the Customs (Prohibited 
Imports) Regulations 1956 , applications should be made in writing, including the following 
information: 
• Importer's name and address; 
• Name of the manufacturer and location of the manufacture; 
• Details of the goods to be imported (wheth er raw material or formulated product); 
• Quantity and distribution (end-use). 
  G/LIC/N/3/AUS/3 
 Page 51 
 
 
   For permission to import goods specified in Schedule 8 (Regulation 5H of the Customs 
(Prohibited Imports) Regulations 1956 refers) the written application must include: 
 
• Importer's name and address; 
• Exporter's name and address; 
• Full details of the product proposed for import; 
• Supervising doctor's prescription, if applicable; 
• Depending on the nature of the goods and th e intended purposes, further documentation or 
evidence may be required. 
 
11. Import authorisation is usually issued in the form of a permit (Form T26), but may be by 
letter of authority. 
12. No. 
13. No. 
Conditions of Licensing  
 
14. Import permits may apply to one consignmen t only, or remain valid for successive 
consignments within a stated period (usually one year). 
15. No. 
16. No.  
17. Conditions are not usually related to the quantity imported for substances named in 
Regulation 5A(1) of the Customs (Prohibited Imports) Regulations 1956 . Permits issued for 
substances in Schedules 7A and Schedule 8 of the Regulations are subject to individual quantitative 
restrictions. However, there is no annual quota or a nnual quantitative restrictions applicable to these 
goods required under the legislation or under an intern ational 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, e.g. requirements for entry of goods in the Australian Register of Therapeutic 
Goods prior to supply; requirements for complianc e with standards and advertising regulations and 
with Codes of Good Manufacturing Practice or Qualit y Systems requirements. Further information is 
available at http://www.tga.gov.au/ 
19. Not applicable. G/LIC/N/3/AUS/3 
Page 52  
 
   
XVIII.  GENETICALLY MODIFI ED ORGANISMS  
- Gene Technology Act 2000 
- Gene Technology Regulations 
 
Outline of system
 
 
1. The Gene Technology Act 2000  prohibits the importation of genetically modified organisms 
(GMOs), subject to a limited range of exceptions:  
• Certain negligible risk contained dealings  expressly identified under Australian law as 
‘exempt dealings’; 
• Dealings expressly set out on Australia’s GM Register. (There are currently no GMOs listed 
on the GM Register);  
• Dealings expressly identified under Australian la w as being ‘notifiable low risk dealings’, 
where the person proposing to conduct the deali ng has met the requirements for such dealings, 
including properly notifying the Regulator that the dealing is to take place; and 
• Dealings for which a person has obtained a licence permitting the dealing (‘licensed 
dealings’). 
 
Purposes and coverage of licensing  
 
2. The purpose of the licensing system is to prot ect the health and safety of people, and to 
protect the environment, by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating certain dealings with GMOs. 
A GMO is defined as: 
• an organism that has been modified by gene technology; 
• an organism (viable biological entity capable  of reproduction or of transferring genetic 
material) that has inherited particular traits  from an organism (the initial organism) being 
traits that occurred in the initial orga nism because of gene technology; or  
• anything declared by Australian law to be a GMO (no such declarations at 8 September 
2006). 
 
3. The system applies to goods origina ting in and coming from all countries. 
4. No.  The purpose of the licensing system is to pr otect the health and safety of people, and to 
protect the environment, by identifying risks posed by or as a result of gene technology, and by managing those risks through regulating certain dealings with GMOs. 
5. The Gene Technology Act 2000 and Gene Technology Regulations 2001  govern the 
importation of GMOs. To ensure consistent nati onal coverage of the licensing system, corresponding 
legislation is being enacted in all States and Territories of Australia: Gene Technology Act 2001  (Tas) 
and Gene Technology Regulations 2003  (Tas), the Gene Technology Act 2001  (Vic) and Gene 
Technology Regulations 2001  (Vic), the Gene Technology Act 2001  (SA) and Gene Technology 
Regulations  2002  (SA), the Gene Technology Act 2001  (Qld) and the Gene Technology Regulations 
2002  (Qld), the Gene Technology Act 2003  (ACT) and the Gene Technology Regulations 2004  
(ACT), and the Gene Technology (New South Wales) Act 2003  (NSW).  G/LIC/N/3/AUS/3 
 Page 53 
 
 
  Licensing or another form of approval under th e legislation is statutorily required in all 
circumstances.  Designation of products required to be licensed 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 importation.  The time taken 
to consider an application for a licence varies depending on whether the GMO is only for 
contained use (less than 5 months), or is in tended for environmental release (less than 9 
months).  Requirements for ‘exempt dealings’ a nd ‘notifiable low risk dealings’ can generally 
be satisfied much more quickly.  Before deali ngs can be included on Australia’s GM Register 
they must first be licensed. 
(b) No. (c) No. (d) The Regulator has sole power to make licence decisions.  However, for licence applications 
involving intentional release of a GMO into the environment the Regulator must consult with 
relevant Commonwealth and State/Territory agencies and the public in the course of 
considering the application.  Depending on th e nature of the GMO, other Commonwealth 
agencies may also need to be approached. (F or example, to fulfil customs and quarantine 
requirements.)  
8. An application that meets the criterion will be granted a licence.  Where an application is 
refused, reasons are provided and applicants have a right of appeal to Australia’s Administrative 
Appeals Tribunal.   
Eligibility of importers to apply for licence
 
9. (a) Not applicable. 
(b) Yes.  However, a person or organisation seeking a licence must satisfy the Regulator that they 
are suitable to hold a licence and capable of co mplying with any conditions attaching to the 
licence. 
Documentational and other require ments for application for licence  
10. Licence application forms can be downloaded from: 
http://www.ogtr.gov.au/pubform/forms.htm. 
Applications must be mailed to: 
 
Office of the Gene Technology Regulator 
Department of Health and the Ageing MDP54 PO Box 100 WODEN  ACT  2606 Australia 
 
11. An approval under the Legislation, such as a licence, must be obtained prior to importation 
and is required on importation. G/LIC/N/3/AUS/3 
Page 54  
 
  12. No. 
13. No. 
Conditions of licensing
 
14. The period of validity of a licence is the period set  out in the licence.  The validity of a licence 
can be extended by notice in writing from the Regulat or.  A person seeking extension of validity of a 
licence may apply to the Regulator for an extension. 
15. No.  Where a licence is partially utilised, there is also no penalty unless partial utilisation of 
the licence would also result in breach of  a condition attaching to the licence. 
16. Yes.  Licences are transferable upon application to the Regulator by both parties. However, 
transfers of licences may only occu r with the agreement of the Regul ator.  The Regulator can attach 
conditions to transfers. 
17. Depending on the GMO concerned, a GMO licence may be subject to extensive conditions.   
Licence conditions can place quantitative restrictions on the amount of GMO that can be imported, as 
well as other conditions considered desirable in or der to protect the health and safety of people and 
the environment. Failure to comply with the conditi ons can attract penalties.  Generally there are no 
quantitative restrictions. 
Other procedural requirements  
18. Customs and quarantine cont rols may be relevant. 
19. Not applicable. 
  G/LIC/N/3/AUS/3 
 Page 55 
 
 
  XIX.  WEAPONS 
- Customs Act 1901 
- Customs (Prohibited Imports) Regulations 1956 
 
Outline of system  
 
1. The importation of firearms and other danger ous weapons is regulated by the Customs Act 
1901  and the Customs (Prohibited Imports) Regulations 1956 .    
 Regulation 4(1) prohibits the importation of  weapons specified in Schedule 2 to the 
Regulations unless the permission in writing of the Mi nister for Justice and Customs or an authorised 
person is granted. 
  Sub-regulation 4F(1) prohibits the importation of firearms, firearm accessories, firearm parts, firearm magazines, ammunition, components of ammunition and replicas unless it is an article to which an item in Part 2 of Schedule 6 applies and the importation is in accordance with the 
requirements set out in column 3 of the item (i.e., it complies with one of the appropriate importation 
tests).   Articles that can meet the importation criteria set  out in Regulation 3A are not subject to the 
prohibitions in regulations 4(1) or 4F(1), that is, they are exempted from the requirement to gain written import permission for the Minister for Justice and Customs.  These include articles which are 
imported for the purposes of defence forces of certain listed overseas countries, provided the articles 
have been imported by the defence forc e that is the owner of the articles or a member of that defence 
force to whom the articles have been issued.   Additionally, under sub-regulation 4F(2A), the following articles are exempt from the regime 
imposed under Regulation 4F(1): 
 
• a handgun that is mentioned in column 2, item 9,  Part 2, Schedule 6 and meets the criteria in 
regulation 3B (ie. Criteria for the purposes of pr ovisions of regulations 4 and 4F relating to 
police forces of certain overseas countries);  
• a handgun part to which item 10 of Part 2 of Schedule 6 applies and that meets the criteria set 
out in regulation 3B; and 
• ammunition that is mentioned in column 2 in  item 20, Part 2, Schedule 6 and meets the 
criteria set out in regulation 3B. 
  Sub-regulation 4F(2B) then exempts articles,  the importation of which meets the criteria 
imposed under subregulation 3C(1) (ie. Criteria relating to sky marshals). 
 
Purposes and coverage of licensing
 
 
2. The goods covered are: 
• weapons named in Schedules 2 and 6 of the Customs (Prohibited Imports) Regulations 1956  
which require a permit for import; 
• firearms and parts of firearms  listed in Schedule 6 of the Customs (Prohibited Imports) 
Regulations 1956  which require compliance with certain conditions, restrictions or 
requirements before importation. 
3. The regulations apply to impor tations from all countries. G/LIC/N/3/AUS/3 
Page 56  
 
  4. Controls on the importation of weapons have  been introduced as a community protection 
measure.  The importation of weapons is regulated  as a means of preventing their use for unlawful 
purposes.  Imported firearms are also required to satisfy certain safety requirements.  The monetary value is not a criterion for control. 
5. The control on importation of the specified goods is a statutory requirement under the 
Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 1901 .  The system 
cannot be abolished withou t legislative approval. 
Procedures
 
6. Not applicable. 
On question 6 (XI), however, it should be noted  that there are conditions upon the importation 
of some Schedule 6 of the Customs (Prohibited Imports) Regulations 1956 articles that they be 
exported and not sold in the domes tic market.  The application of this condition is dependent upon the 
purpose for which the article was imported.   
If the article was imported for a specified purpose (ie. importation meets the criteria set out 
under the specified purposes test, Regulation 2, Part 1, Schedule 6 of the Customs (Prohibited Imports) 
Regulations 1956 ), the article has to be destroyed or exported within the period, after importation, 
specified on the permission (see Regulation 2, Part 2, Schedule 6 of the Customs (Prohibited Imports) 
Regulations 1956 ). 
If the article was imported under the official purposes test (Regulation 1, Part1, Schedule 6) 
and the government does not acquire ownership of the article in the period, after importation, 
specified in the permit, the article must be exported as soon as is practicable (see Regulation 3, Part 3, 
Schedule 6 of the Customs (Prohibited Imports) Regulations 1956 ). 
If the article was imported under the International sports shooter test (Regulation 5A, Part 1, 
Schedule 6 of the Customs (Prohibited Imports) Regulations 1956 ), the importer must export the 
article in the period, after importation, specified in the permission. 
7. (a) Application should be made in  advance of arrival of the goods .  Import permission will not, in 
any circumstances, be granted retrospectively. 
(b)   Permits would be issued as soon as possible if a genuine emergency exists. 
(c)   Permits may be issued at any period of the year. (d)   Applications for import permits required by Schedule 2 are processed by the Australian 
Customs Service.  The permission of the Minister for Justice and Customs is given subject to approval of State or Territory Police that the im porter complies with all the laws of the state 
or territory of residence or importation. 
Application for import permits required by Schedule 6 of the Customs (Prohibited Imports) 
Regulations 1956  are processed by the Firearms Unit, A ttorney-General’s Department, with the 
permission being issued by the Minister for Justice and Customs. 
8. Application for permission to import can be refused  at the discretion of the relevant Minister.  
If permission for importation is refused the reasons need  not be notified to the applicant.  There is no 
right of appeal against the Minister's decision where the decision in question is a decision of 
Government policy.  G/LIC/N/3/AUS/3 
 Page 57 
 
 
  Eligibility of importers to apply for licence  
9. All persons, firms and institutions are elig ible to apply for permission to import. 
Documentational and other require ments for application for licence  
10. Where a weapon listed in Schedule 2 of the Customs (Prohibited Imports) Regulations 1956  
may be imported subject to the relevant Poli ce authority having no objection to the importer 
possessing the weapon, the police endorsement should be on a Form B709B “Importation of Weapons 
– Police Confirmation”.  The following information is required on the form: 
• name and address of the importer; 
• quantity of weapons to be imported; 
• description of weapons to be imported; 
• Licence/Authorisation No. and Date of Issue; 
• date of expiry of Confirmation. 
 
A copy of the form is attached at Appendix 3. 
Where a weapon listed in Schedule 6 of the Customs (Prohibited Imports) Regulations 1956 
may be imported subject to the relevant Poli ce authority having no objection to the importer 
possessing the weapon, the police endorsement should be on a Form B709A: "Importation of Firearms - Police Confirmation".  The following information is required on the form: 
• name and address of the importer; 
• quantity of weapons to be imported; 
• description of weapons to be imported; 
• supplier (if applicable) of weapons; 
• Licence/Authorisation No. and Date of Issue. 
 
A copy of the form is attached at Appendix 4. 
 Where permission of the Minister is required,  application must be made in writing to the 
respective Minister. 
11. Where the permission of a Minister is require d the certificate or statement approving the 
import must be produced at the time of actual importation. 
Where a weapon may be imported subject to the relevant Police authority, a completed Form 
B709 form must be produced at the time of importation. 
12. No. 
13. No. 
Conditions of licensing
 
14. The period of the validity of the import permit is at the discretion of the relevant Minister and 
is specified in the permission to import. 
15. No. 
16. No. G/LIC/N/3/AUS/3 
Page 58  
 
  17. Conditions may be ap plied regarding: 
• the custody, use, disposal or distribution of the imported goods; 
• the keeping of records relating to the imported goods. 
 
Other procedural requirements
 
18. No. 
19. Not applicable. 
  G/LIC/N/3/AUS/3 
 Page 59 
 
 
  XX. CHEMICAL WEAPONS 
- Chemical Weapons (Prohibition) Act 1994 
 - Customs Act 1901  - Customs (Prohibited Imports) Regulations 1956 
 
Outline of syste m
 
 1. The importation into Australia of prescribed goods containing a chemical compound, or a 
chemical compound belonging to a group of compounds as mentioned in Part 2 or 3 of Schedule 11 of 
the Customs (Prohibited Imports) Regulations 1956  from a country that is not a State Party to the 
Chemical Weapons Convention is prohibited abso lutely.  The importation of the prescribed goods 
from a country that is a State Party to the Chemical Weapons Convention or prescribed goods in Part 4 of Schedule 11 of the Customs (Prohibited Imports) Regulations 1956  from a Non-State Party 
is prohibited unless: 
• the Minister for Foreign Affairs or an author ised person has given permission in writing to 
import the goods.  The Minister has authorised th e positions of Director General and Assistant 
Secretary of Australian Safeguards and Non-Pr oliferation Office (ASNO) to grant permits; 
and 
• the permission is produced to the Australian Customs Service (Customs). 
 
Purposes and coverage of licensing
 
 
2. Chemical compounds as mentioned in Part  2 or 3 of Schedule 11 of the Customs (Prohibited 
Imports) Regulations 1956  from a country that is a State Party to the Chemical Weapons Convention 
and all Part 4 chemicals are regulated by a permit system.  A permit must be granted by the Minister for Foreign Affairs or an authorised person and produced to Customs. 
3. The regulations apply to the impor tation of goods from all countries. 
4. Australia and 177 other countries are Parties to the Convention on the Prohibition of the 
Development, Production, Stockpiling and Use of  Chemical Weapons and on their Destruction 
commonly referred to as the CWC.  Amongst other things, this treaty seeks to regulate and monitor the trade in prescribed chemicals.   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 provisi ons relating to Part 3 transfers and because less 
formal means of controlling and tracking were assessed as inadequate. Commercial and industry-
related considerations ha ve no bearing on the purpose of the licensing scheme. 
5. The control on importation of the specified goods is a statutory requirement under 
Regulation 5J of the Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 
1901  but could also be relevant to the Chemical Weapons (Prohibition) Act 1994 .  This restriction 
does not apply to goods that contain a chemical com pound listed in Part 3 (except Items 1, 2 or 3) or 
Part 4 of Schedule 11 of the Customs (Prohibited Im ports) Regulations 1956  that is less than 10% by 
weight of the total and contain no other listed chem icals.  The system cannot be abolished without 
legislative approval. 
Procedures
 
 6. Not applicable. G/LIC/N/3/AUS/3 
Page 60  
 
  7. (a) Application should be made in advance of  arrival of the goods. There are two types of 
permits: permits for chemicals in  Part 2 of Schedule 11 of the Customs (Prohibited Imports) 
Regulations 1956  (Schedule 1 of the Convention) and perm its for chemicals in Part 3 and Part 
4 of Schedule 11 Customs (Prohibited Imports) Regulations 1956  (Schedules 2 & 3 of the 
Convention). Chemicals from Part 2 require 37 days notice for importation which can not be 
varied due to concomitant international reporting requirements. The 37-day advance 
notification requirement is waived for imports of saxitoxin in quantities of 5 mg or less for 
medical/diagnostic purposes provided that the goods contain no other chemical listed in Part 2 
of Schedule 11 of the Customs (Prohibited Imports) Regulations 1956 .  Permits for the 
chemicals listed in Part 3 and Part 4 of Sc hedule 11 require 7 days notice which could be 
reduced if necessary. 
(b) Permits cannot be issued immediately for chem icals under Part 2 except in the saxitoxin case 
described in paragraph 7( a).  Part 3 and 4 chemical permits could be issued immediately where 
practical. 
 
(c) Permits may be issued at any period of the year. 
 (d) A permit is issued by the Minister for Foreign Affairs or authorised persons (ie. Director 
General and Assistant Secretary of ASNO) and th e original copy of the permit presented to 
Customs. 
 
8. Application for permission to import can be refused on the discretion of the Minister for 
Foreign Affairs.  There is no right of appeal against the Minister's decision. 
Eligibility of importers to apply for licence
 
 
9. (a) Not applicable. 
(b) All persons, firms and institu tions are eligible to apply for permission to import, however the 
chemicals from Parts 2 and 3 can on ly be imported from a country which is a State Party to the 
Chemical Weapons Convention (as listed on the Inte rnet at http://www.opcw.org/). Also, all of 
the prescribed chemical imports can only be us ed for purposes not prohibited by the CWC, as 
provided for under the Chemical Weapons (P rohibition) Act 1994 . 
 
Documentational and other requirem ents for application for licence  
 
10. For permission to import applications must be made in writing to the relevant Minister or 
authorised person. 
Permits for chemicals in Part 2 of Schedule 11 of the Customs (Prohibited Impo rts) Regulations 1956  
(Schedule 1 of the CWC)  
 
 The following details must be included: 
 
• Importer’s name and address 
• Supplier’s name and address 
• The name, quantity and other descriptors of the chemical 
• End use details 
• Country of export (this can only be another States Party) – the goods must be shipped directly, 
transhipment through another country is not allowed 
• Security Measures Advice 
•  
 The original copy of the permit must be presen ted to Customs.  A sample permit application 
form is at Appendix 5.  G/LIC/N/3/AUS/3 
 Page 61 
 
 
  Permits for chemicals in Part 3 and Part 4 of Schedule 11 of the Customs (Prohibited Imports) 
Regulations 1956  (Schedules 2 & 3 of the CWC)  
 
The permit will be valid for multiple shipments of multiple chemicals over a specified time, 
usually one year. 
 
The following details are required: 
 
• Importer’s name and address 
• The names and details of the chemical s the Importer is proposing to import 
• The exporting country 
• Security Measures Advice 
 
 The original of the permit should be submitted to  Customs.  A sample permit application form 
is at Appendix 6.    ASNO sends Customs an updated list of impor t permit holders, as required, including the 
company name and all the chemicals listed on their import permit.  
11. The written permission of the relevant Minister  or ASNO is required to be produced on 
import. Also date of arrival of Part 2 chemical s must be provided to ASNO within 30 days of 
shipment entry. 
12. No. 
13. No. 
Conditions of licensing
 
14. Permits for chemicals in Part 2 of Schedule 11 of the Customs (Prohibited Imports) 
Regulations 1956 apply to one consignment only, permits  for chemicals in Part 3 and 4 of 
Schedule 11 of the Customs (Prohibited Imports) Regulations 1956 may be for multiple importations 
up to 12 months. 
15. No. 
16. No. 
17. A permission granted under Regulation 5J of the Customs (Prohibited Imports) Regulations 
1956 may specify conditions or requirements to be co mplied with by the holder of the permission.  
Permit requirements include the annua l 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 refuse the permission. 
Other procedural requirements  
18. For Part 2 and 3 chemicals, the recipient fac ility will require an operational permit under the 
Chemical Weapons (Prohibition) Act 1994 , if certain activity thresholds for those chemicals are 
exceeded. 
19. Not applicable. 
 G/LIC/N/3/AUS/3 
Page 62  
 
  XXI.  ANTARCTICA 
-  Antarctic Treaty (Environment Protection) Act 1980 as amended by the 
Antarctic (Environment Protection) Legislation Amendment Act 1992 
 
Outline of system
 
 
1. Under the Antarctic Treaty (Environment Protection) Act 1980  as amended by the Antarctic 
(Environment Protection) Le gislation Amendment Act 1992 , in line with the requirements of the 
Protocol on Environmental Protection to the Anta rctic Treaty (the Madrid Protocol), it is not 
permitted to import certain items into Antarctica. The 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 maintained under the Antarctic Treaty (Environment 
Protection) Act 1980, which provides, under: 
• Paragraph 19(1)(c), 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 ite ms may be brought into  Antarctica for research 
purposes unless authorised by a permit. 
• Paragraph 19(1)(ca), that a person shall not brin g into, or keep in, the Antarctic  non-sterile 
soil, or  polychlorinated biphenyls, or polystyrene beads or chips or any similar kind of packaging material. 
• Paragraph 19(1)(cb), that a person shall not bring into, or keep in, the Antarctic any pesticide 
unless for scientific, medical or hygienic purposes. 
3. The system applies to goods from all countries. 
4. The above restrictions have been put in place to implement the Madrid Protocol, the objective 
of which is the comprehensive protection of the Antarctic environment and dependent and associated 
ecosystems. 
Government procedures require a Regulation Impact  Statement (RIS) to be prepared prior to 
any amendment or addition to the current licensing framework. A RIS is prepared to ensure that 
Government considers various op tions and chooses the one that provides the most cost-effective 
benefits to the community, consumers, industry and government. 
5. The Antarctic Treaty (Environment Protection) Act 1980 . The system cannot be abolished 
without legislative approval. 
Procedures
 
6. Not applicable. 
7. (a)- Scientists who have applie d to conduct research under the umbr ella of Australia’s Antarctic 
(b) program are advised if there is a need for them to obtain a permit under paragraph 19(1)(c).  G/LIC/N/3/AUS/3 
 Page 63 
 
 
  Approximately four weeks shoul d be allowed for processing of an application for a permit. 
Permits cannot be issued retrospectively; accordin gly, where necessary, the researcher must have 
obtained a permit prior to arriving in Antarctica. 
(c) No. (d) Permits are prepared by the Environmental Policy and Protection Section of the Australian 
Antarctic Division of the Commonwealth Depa rtment of the Environment and Heritage. 
8. An application for a permit will only be refused if it does not meet the ordinary criteria. 
Particulars of refusals to grant permits are provi ded to the applicant and those particulars are 
accompanied by a statement to the effect that, subject to the Administrative Appeals Tribunal Act 
1975 , application may be made to the Administrative A ppeals Tribunal for the review of the merits of 
a decision to refuse to grant a permit by or on be half of the person or persons whose interests are 
affected by the decision. Alternatively, an appeal may be made on the decision-making process  itself 
under the Administrative Decisions (Judicial Review) Act 1977  
Eligibility of importers to apply for licence
 
9. (a) Not applicable. 
(b) All scientists whose research projects have  been supported under the Australian Antarctic 
Science Program are eligible to apply for a permit.  No fee is charged for a permit.  
Documentational and other require ments for application for licence  
10. The chief investigator for a research project co mpletes 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; 
• organisation affiliated to research project. 
•  
Permits are applied for online. The process is described at: 
http://www.aad.gov.au/default.asp?casid=14404.  
11. Inspectors appointed under the Act monitor acti vity undertaken to ensure that it is in 
accordance with the approved permit 
12. No. 
13. Not applicable 
Conditions of licensing  
14. The period of validity of a perm it is dependent on the length of time the scientist is scheduled 
to stay in Antarctica, but it would be unlikely fo r this period to exceed 12 months. An application may 
be made by the chief investigator to extend the period of validity of a permit. G/LIC/N/3/AUS/3 
Page 64  
 
  15. No. 
16. Permits are not transferable. However, application can be made to amend a permit to include 
a new researcher's name and, where appropriate, delete any previous researcher's name. 
17. No. 
Other procedural requirements
 
18. No. 
19. Not applicable.  G/LIC/N/3/AUS/3 
 Page 65 
 
 
  XXII.  TERRITORY OF HEARD ISLAND AND MCDONALD ISLANDS 
-  Environment Protection and Management Ordinance 1987  
 
Outline of system  
 1. The purpose of this Ordinance is to preserve a nd manage the Territory so as to protect the 
environment and the indigenous wildlife of the Te rritory.  The Territory of Heard and McDonald 
Islands is an external territory of Australia.  The te rritory is taken to comprise the islands, all offshore 
rocks and shoals, and the 12 nm territorial sea. 
Purposes and coverage of licensing
 
2. The Territory of Heard Island and McDona ld Islands Environment Protection and 
Management Ordinance 1987 prohibits: 
• under Section 13 of the Ordinance the importation into the Territory of any diseased 
organism, or live poultry;  
• under Subsection 14(1) of the Ordinance the impor tation  into the Territory of any organism, 
or  any dead poultry or poultry products unless in accordance with a permit.  However, under 
Subsection 14(2) no permit is required where im portation is done to avoid possible loss of 
human life or injury to persons, or risk to th e safety of an aircraft, a vehicle or a vessel. 
 3. The system applies to goods from all countries. 
4. No. 
Government procedures require a Regulation Impact  Statement (RIS) to be prepared prior to 
any amendment or addition to the current licensing framework. A RIS is prepared to ensure that 
Government considers various op tions and chooses the one that provides the most cost-effective 
benefits to the community, consumers, industry and government. 
5. The Territory of Heard Is land and McDonald Islands Environment Protection and 
Management Ordinance 1987 .  It is not possible to abolish the system without legislative approval. 
Procedures
 
6. Not applicable. 
7. (a)- Scientists who have applie d to conduct research under the umbr ella of Australia’s Antarctic 
 (b) program are advised if there is a need for them to obtain a permit under Subsection 15(1). 
Non-government agencies and individuals ma y contact the Antarctic Division of the 
Commonwealth Department of the Environment a nd Heritage to seek general information and 
requirements and are at that time informed of  the need for them to obtain a permit under 
subsection 15(1). 
Approximately six weeks should be allowed fo r processing of an application for a permit. 
Permits cannot be issued retrospectively. The perm it-holder must have obtained the permit prior to 
arrival in the Territory. 
(c) No. G/LIC/N/3/AUS/3 
Page 66  
 
  (d) Permits are prepared by the Environmental Policy and Protection Section of the Australian 
Antarctic Division of the Commonwealth Depa rtment of the Environment and Heritage. 
8. An application for a permit will only be refused if it does not meet the ordinary criteria and is 
inconsistent with the requirements of the Heard Island and McDonald Islands Marine Reserve 
Management Plan (2005) .  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 accompanie d 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. Documentational and other require ments 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; 
• organisation affiliated to research project. 
 
Permit requirements and the application process are described at: 
http://www.aad.gov.au/default.asp?casid=1616. 
11. The permit system in the Territory is self-regulating. 
12. Subsection 15(4) of the Ordinance provides for the charge of a fee, not to exceed $A50, 
payable in respect of the issue of a permit. Ho wever, the practice is that no fee is charged. 
13. No. 
Conditions of licensing  
14. The period of validity of a permit is depende nt on the length of time the applicant is 
scheduled to stay in the Territory. Permits may be va ried to extend the period of validity of the permit. 
15. No. 
16. Permits are not transferable. However, a permit can be varied to amend the permit to include 
a new name and, where appropria te, delete any previous name. 
17. No.  G/LIC/N/3/AUS/3 
 Page 67 
 
 
  Other procedural requirements  
18. No. 
19. Not applicable. G/LIC/N/3/AUS/3 
Page 68  
 
  XXIII.  HAZARDOUS WASTE 
-  Hazardous Waste (Regulation of Exports and Imports) Act 1989  
 
Outline of system
 
 1. The import, export and transit of ha zardous waste is regulated under the Hazardous Waste 
(Regulation of Exports  and Imports) Act 1989  (“the Act”) to ensure that hazardous waste is managed 
in an environmentally sound manner to protect human beings and the environment, within and outside 
Australia. The Act implements Australia's obligati ons under the “Basel Convention for the Control of 
Transboundary Movements of Hazardous Waste and their Disposal”. 
Purposes and coverage of licensing
 
2. In accordance with Australia's obligations  under the Basel Convention and in the 
Organisation for Economic Co-operation and Deve lopment (OECD), the Act applies to hazardous 
wastes as listed on the schedules. Under the Act, a system of evidentiary certificates for specific listed 
hazardous wastes provides greater certainly about mate rials subject to control. Guidance is prepared 
on the hazardous characteristics of specific wastes,  and on discriminating between the definition of 
"hazardous waste" and discriminating between "wastes" and "products". 
3. The system applies to importations from any country. 
4. The licensing ensures that Aust ralia's commitments as a party to the Basel Convention are 
upheld.  To that effect, transboundary movements of hazardous wastes and other wastes is to be 
reduced to the minimum consistent with the enviro nmentally sound and efficient management of such 
wastes and to be conduc ted in such a manner which will protect  human health and the environment 
against the adverse effects which may result from such  movement. It is not intended to place specific 
restrictions as to value or quantity of imports.  
5. Hazardous Waste (Regulation of Exports and Imports) Act 1989 .  Licensing is a statutory 
requirement for the import of any hazardous waste listed in schedules to the Basel Convention or 
OECD Council Decisions. The OECD Council adopte d new Amber and Green Lists on 14 June 2001: 
Red List Wastes have been included in the Amber List.  This brought the OE CD Lists into greater 
alignment with the Basel Convention Lists. It is not  possible to abolish the system without legislative 
approval. 
Government procedures require a Regulation Impact  Statement (RIS) to be prepared prior to 
any amendment or addition to the current licensing framework. A RIS is prepared to ensure that 
Government considers various op tions and chooses the one that provides the most cost-effective 
benefits to the community, consumers, industry and government. 
Procedures  
6. Not applicable. 
7. (a) The Act requires that a permit be obtained be fore hazardous waste is exported from Australia 
or imported into Australia.   
All applications are assessed according to the re levant sections of the Act for the import and 
export of hazardous waste.  G/LIC/N/3/AUS/3 
 Page 69 
 
 
  (b) No. Permits are issued only after authori sation by the Minister for the Environment and 
Heritage or delegate, with a requirement under the Act for dete rmination of the justification 
for import and the fitness of the processing organisation to treat the material in an environmentally sound manner. 
(c) No. 
(d) Consideration of licence applications is eff ected by a single administrative organ, the 
Department of the Environment and Heritage (DEH). 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 Servi ce (AQIS), Therapeutic Goods Administration 
or the appropriate State or Territory environment agency. 
8. Apart from statutory or ordinary requirements, there are requirements under the Basel 
Convention for all States of Transit to control the transboundary movement.  These controls will 
normally be the responsibility of the State of expor t.  Refusal to accept the movement by any such 
state shall cause the State of export to deny a pe rmit.  Reasons for refusal of an export permit are 
given to applicants. Applicants refused permissi on to exports may appeal to the Administrative 
Appeals Tribunal on the merits of the decision. Alte rnatively, an appeal may be made on the decision-
making process  itself under the Administrative Decisions (Judicial Review) Act 1977 .  
Eligibility of importers to apply for licence
 
9. (a) Not applicable. 
(b) Any person may apply. Documentation and other requireme nts for application for licence
 
10. As with all applications, the decision of the Minister for the Environment and Heritage (or 
their delegate) will be based on informat ion provided as required under the Act.  
The Minister will consider (amongst other thi ngs) whether the proposed manner in which the 
hazardous waste is being dealt with is environmenta lly sound, and whether the competent authority of 
the transit and importing countries have given written c onsent to the grant of the permit (and that the 
consent was given in accordance with Article 6 of the Basel Convention) 
In general the application requests the following information: 
• identity and suitability of the applicant, includi ng applicant's name and address and financial 
situation; 
• description of the material to be imported and/or exported; 
• method of transportation, ports of entry/exit for importation/exportation; and 
• method of disposal of the waste. 
 
More details of what the Minister will give cons ideration to as part of an application process 
can be found at: 
 http://www.comlaw.gov.au/ComLaw/Legisla tion/ActCompilation1.nsf/0/CBCAE9AC22A9B
70BCA256F71004E3EE1/$file/HazWasteRegExImp89.rtf G/LIC/N/3/AUS/3 
Page 70  
 
  Additional documentation required with the appli cation includes verification that the disposal 
is safe, the capability of the processors to treat th e material, and proof that appropriate insurances 
have been obtained/arranged. 
11. The import permit is required a nd a valid export permit from the country of origin may be 
required as a condition of this permit. 
12. Yes.  There are fees associat ed with the application process. The amounts are based on the 
staff and ancillary costs of administering a permit a pplication.  The Minister for the Environment and 
Heritage has the discretion to reduce the amount of the fee in certain circumstances, such as where the 
waste is being imported or exporte d for humanitarian reasons, for scientific research and testing or 
encouraging activities which further environmen tally sound management of hazardous wastes.  
Import application fees are A$270 for Basel or Specia l (i.e. for OECD trade) permits, or A$210 where 
the facility in Australia to which they are to be sent has been pre-authorised. 
13. The fee must be paid at the time of application.  The fee is not refundable. Full payment of the 
fee applies - there is no requirement for an advan ce payment which is retained for a defined period. 
Conditions of licensing
 
14. Under the Basel Convention the import permit is valid for a period of up to twelve months 
and may cover either individual consignments or multiple transactions.  The permit cannot be 
extended. The OECD Council Decision, allows th e period for permits up to 36 months for pre-
authorised facilities. 
15. No. 
16. Permits/licences are not transferable between importers. 
17. (a) No. 
(b) For products not subject to quantitative restri ction there may be other conditions imposed on 
the permit. These conditions usually relate specif ically to the transport, treatment and/or 
disposal of the hazardous waste. 
Other procedural requirements  
18. In some cases the approval/certification of othe r agencies is required prior to the issue of a 
permit.  This would usually be sought by th e Department of the Environment and Heritage. 
19. Not applicable. 
  G/LIC/N/3/AUS/3 
 Page 71 
 
 
  XXIV.  OZONE DEPLETING SUBSTANCES 
-  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 -  Customs (Prohibited Imports Regulations) 1956 
 
Outline of system
 
 
1. Australia manages its obligations under the Mont real Protocol on Substances that Deplete the 
Ozone Layer and the United Na tions Framework Convention on Climate Change through the Ozone 
Protection and Synthetic Gree nhouse Gas Management Act 1989 . The import, export and 
manufacture of chlorofluorocarbons, halons , carbon tetrachloride, methyl chloroform, 
bromochloromethane and methyl bromide, for non- quarantine and pre-shipment use, is prohibited 
under the Montreal Protocol except where an essential or critical u se exemption has been granted by 
the parties to the Montreal Protocol.     
Australia’s international obligations are met through a licensing and quota system.   
Purposes and coverage of licensing  
2. The requirements of the licensing system are: 
• Controlled Substance 
− import, export or manufacture of bulk hydr ochlorofluorocarbons (HCFC) and methyl 
bromide, with import quotas set in line with  Montreal Protocol phaseout obligations 
and Australia’s domestic policy to accelerate phaseout of HCFCs 
− import, export or manufacture of bulk hydr ofluorocarbons and perfluorocarbons, with 
no restrictions on quantity 
 
• Essential Use 
− import, export or manufacture of bul k chlorofluorocarbons, halons, carbon 
tetrachloride, methyl chloroform and brom ochloromethane approved for essential use 
by the parties to the Montreal Protocol 
 
• Used Substances 
− import and export of bulk used chlorofl uorocarbons, halons, carbon tetrachloride, 
methyl chloroform, bromochloromethane, methyl bromide and hydrochlorofluorocarbons 
 
• Precharged 
Refrigeration and Airconditioning equipment 
− import of refrigeration and air conditio ning equipment that contains an 
hydrochlorofluorocarbon or hydrof luorocarbon refrigerant charge 
 
 Strict conditions and repor ting requirements apply in relation to all licenses issued.  
 
 In addition, certain products containing, manufact ured with or designed to operate using some 
controlled substances are prohibited from import, export or manufacture without an essential uses 
licence. An Essential Uses Licence 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. G/LIC/N/3/AUS/3 
Page 72  
 
   
3. The system applies to goods from all countries, with restrictions applying to trade of ozone 
depleting substances with countries that are not party to the Montreal Protocol. 
4. The licensing system implements Australia’s le gal obligations under the Montreal Protocol. 
As well as limits on production and consumption of ozone depleting s ubstances, the Protocol requires 
the establishment of a licensing and quota system. 
 Government procedures require a Regulation Imp act Statement (RIS) to be prepared prior to 
any amendment or addition to the current licensing framework. A RIS is prepared to ensure that 
Government considers various op tions and chooses the one that provides the most cost-effective 
benefits to the community, consumers, industry and government.  
 
5. The legislation under which licences are maintained include: 
• Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 
• Ozone Protection and Synthetic Gr eenhouse Gas (Import Levy) Act 1995 
• Ozone Protection and Synthetic Greenhou se Gas Management Regulations 1995 
• Ozone Protection and Synt hetic Greenhouse Gas (Import Levy) Regulations 2004 
 
 Licensing is a legislative requirement. It is an offence to import, export or manufacture a scheduled substance without a licence. It is not po ssible to abolish this system without legislative 
approval. 
  The legislation does not leave designation of products to administrative discretion. All substances that require licenses are specified in a sc hedule to the legislation. No other substances 
require licensing under this legislation. 
 
Procedures
 
 
6. The quantity of controlled ozone depleting substances that can be  imported into Australia is 
limited through the Montreal Protocol.  These limits  and the quota system are also outlined in the 
Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 .  There is no import limit on 
synthetic greenhouse gases. 
I. Information on licences is published in the Government Gazette, as well as in customs 
notices, trade journals, on the Australian Government  Department of the Environment and Heritage 
website and in an Australian database for business. The Government deals directly with holders of 
existing licences and new applicants. There are no quotas on amounts to be imported from specific 
countries, but imports and exports of ozone depleting substances mu st be from countries that are 
Parties to the Montreal Protocol. The legislation does not provide for any exception or derogation from licensing requirements.  II. Controlled substances, used substances a nd pre-charged equipment licences are issued 
biennially, with a fixed end date (31 December 200 7 for the current licence period). Each grant of a 
controlled substance licence for an ozone depleti ng substance specifies the amount permitted to be 
imported or manufactured during the entire quota period. The current licence period runs from 2006 until the end of 2007.  Essential use licences are is sued annually. Each licence specifies the amount 
and type of substance to be imported for the entire duration of the licence.   G/LIC/N/3/AUS/3 
 Page 73 
 
 
   Quotas are based on the total annual consumpti on (ie. production plus imports, minus exports) 
limit under the Montreal Protocol, adjusted for Aust ralia’s accelerated phaseout policy as applicable.  
Individual HCFC licence quotas are based on imports in the previous licence period.  III. Australia has no domestic manufacture of any ozone depleting substances. All licensees are 
importers of substances. Any company wishing to manufacture these substances in Australia would be 
subject to the same licensing and quota requirements as importers.   Unused quotas are not added to those of the succeeding period as limits under the Montreal 
Protocol are not cumulative. Upon request, the names of Australian importers are available to anyone. 
As licences are advertised in the Commonwealth Gazette, they are already in the public domain. 
 IV. Licence applications may be made at  any time. The Government will seek licence 
reapplications for a new licence period up to six months prior to the commencement of the licence 
period. 
 
 A licence application may take up to 60 days  to be processed. Licences may not take longer 
than this as the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989  provides that 
if after 60 days the Minister has not granted a licence or sought more information, the application is deemed to be refused, unless a formal request for information has been made, allowing an indefinite 
extension of the processing period until th e requested information is provided. 
 
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 li es with the Minister for the Environment and 
Heritage.  This power has been delegated to certain  officers in the Australian Government Department 
of the Environment and Heritage.  Applicants need s only apply to the Department of the Environment 
and Heritage.  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 Prot ocol.  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 may be applied for at any time, including 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) No. 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/3 
Page 74  
 
  (c) No. Licences can be granted at any time during the licence period.  If granted, the licence will 
expire at the end of the current licence peri od (31 December 2007), regardless of when the 
licence was actually granted. 
 (d) Licence applications are considered by the De partment of the Environment and Heritage.  No 
other agencies are involved. 
 8. A licence may be refused if the applicant does not meet ordinary criteria.  Where applications 
are refused, applicants will be given the reasons fo r such refusal on request.  An applicant may apply 
to the Administrative Appeals Tribunal for a re view 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) Yes.  Noting the quota restrictions for HCFC imports. 
(b) Yes. Documentational and other require ments for application for licence
 
10. Controlled Substance, Essential Use, Used S ubstance and Pre-charged Equipment application 
forms attached are available on the Department of the Environment and Heritage website at: 
http://www.deh.gov.au/atmosphere/ozone/licences/index.html. 
11. Upon importation, an importer must present standard customs documentation along with a 
valid licence issued under the Ozone Protection and Synthetic Greenhouse Gas Management Act 
1989 . 
12. Licence application fees are charged. Fees are: 
• Controlled substances - $15,000 
• Essential Use - $3,000 
• Used Substance - $15,000 
• Pre-charged Equipment - $3,000 
 
In addition, holders of a controlled substance licence are required to pay a quarterly activity 
fee which is calculated by reference to the oz one-depleting or global warming potential of the 
substances imported: 
• HCFC - $3,000 per ODP tonnes 
• Methyl Bromide - $135 per tonne 
• Synthetic greenhouse gases - $165 per tonne 
 13. No. 
Conditions of licensing
 
14. Licences are valid for the licence period and ca nnot be extended.  The current licence period 
runs from 1 January 2006 to 31 December 2007. 
15. No.  G/LIC/N/3/AUS/3 
 Page 75 
 
 
  16. Yes. Transferee must be a fit and proper person to  be a licence holder. A joint application by 
the transferor and transferee is made to th e Department of the Environment and Heritage. 
17. Licensees are not permitted to trade in ozone depleting substances with non-parties to the 
Montreal Protocol. General conditio ns of the licence are the licensee: 
• must have arrangements in place to manage their product at its end of life, generally through a 
product stewardship scheme 
• the license must provide quarterly activity repor ts and pay the appropriate import levy, as per 
the Ozone Protection and Synt hetic Greenhouse Gas Act 1989  .   
 Conditions may also apply to the purpose to which the imported substance is to be applied if its 
consumption has been approved for a specific purpose through the Montreal Protocol. 
Other procedural requirements
 
18. No. 
19. Not applicable. G/LIC/N/3/AUS/3 
Page 76  
 
  XXV.  RADIOACTIVE SUBSTANCES 
- Customs Act 1901  
 -  Customs (Prohibited Imports) Regulations 1956  
 
Outline of system
 
 
1. The importation of radioactive substances and goods containing radioactive substances is 
prohibited under the provisions of the Customs Act 1901  and Customs (Prohibited Imports) 
Regulations 1956  unless the permission in writing is gran ted by  the Commonwealth Minister for 
Health and Ageing, the CEO of the Australian Ra diation Protection and Nuclear Safety Agency 
(ARPANSA) appointed in writing by the Minister, or an Australian Public Service employee assisting 
the CEO appointed in writing by the Minister as an  authorised officer, and presented to Customs at 
the time of importation. In order for a permit to be considered the applicant must be in possession of a 
Radioactive Substances Licence from the relevant Commonwealth, State or Territory radiation 
regulatory control jurisdiction. 
Purposes and coverage of licensing  
2. The goods covered include any radioactive mate rial or substance including radium, any 
radioactive isotope or any article containing any radioactive material or substance.  
3. The regulations apply to the impor tation 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 oblig ations under the Basel Convention on the Control of 
Transboundary Movements of Hazardous Wastes.  The monetary value is not a criterion for control. 
5. The control on importation of the specified goods is a statutory requirement under 
Regulation 4R of the Customs (Prohibited Imports) Regulations 1956  made under the Customs Act 
1901 .  The system cannot be abolishe d without legislative approval. 
Procedures  
6. Not applicable. 
7. (a)  Application should be made in advance of the arrival of the goods. 
(b) Permits to import are granted when it is established that the importer is in possession of a 
valid Radioactive Substances Licence, wher e required, from the relevant Commonwealth, 
State or Territory radiation control authority. For certain classes of radioactive substances the 
relevant Commonwealth, State or Territory radi ation control authority is advised of the 
application for permission to import and allowed five working days to submit an objection to 
the granting of the permit. 
(c)  Permits may be issued at any period of the year. (d) A permit is issued by the Minister for Health and Ageing, the CEO of ARPANSA or an 
Australian Public Service employee assisting the CEO appointed in writing by the Minister as 
an authorised officer.  Applications to impor t radioactive materials or articles containing 
radioactive materials must be made to 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 Non Medical Radioisotopes”. These  G/LIC/N/3/AUS/3 
 Page 77 
 
 
  forms, and instructions for completing the Forms are available on the ARPANSA Web site 
(www.arpansa.gov.au).  
Before submitting an application for permission to import, the importer must be in possession 
of a valid Radioactive Substances Licence, wh ere required, from the relevant Commonwealth, 
State or Territory radiation control authority.  The licence number and licence details must be 
stated on application Form. 
8. Application for permission to import can be refused on the discretion of the Minister for 
Health and Ageing. There is no right of appeal against the Minister's decision. 
Eligibility of importers to apply for licence  
9. (a) Not applicable. 
(b) All persons, firms and institutions are e ligible to apply for permission to import. 
Documentational and other require ments 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; 
 details of the goods to be imported; 
 details of the Radioactive Substance Licence. 
 
Application forms are available on the ARPANSA Web site (www.arpansa.gov.au ). 
11. The written permission of the Minister of Health  and Ageing, or an authorised officer, is 
required to be produced on import. 
12. Yes. ARPANSA has an administrative charge of  $110 for the granting of a single shipment 
permit and $1250 for the granting of a Twelve Month Permit. 
13. No. 
Conditions of licensing  
14. Permits for the importation of medical or non  medical radioisotopes may apply to one 
consignment only, or may apply to an unlimited numb er of importations for a specified twelve month 
period (Twelve Month Permit). Twelve Month Permits are issued for the importation of 
radiopharmaceutical drugs registered on the Austra lian Register for Therapeutic Goods (ARTG) and 
for low hazard radioactive materials. The holder of a Twelve Month Permit is required to ensure that 
the radioactive materials are only su pplied to valid licence holders.  
15. No. 
16. No. 
17. (a) Not applicable. G/LIC/N/3/AUS/3 
Page 78  
 
  (b) A permission granted under Regulation 4R of the Customs (Prohibited Imports) Regulations 
1956  may specify conditions or requirements to be complied with by the holder of the 
permission. 
Other procedural requirements
 
18. No.  
19. Not applicable. 
  G/LIC/N/3/AUS/3 
 Page 79 
 
 
  XXVI.  ORGANOCHLORINE CHEMICALS 
- Customs Act 1901 
 - Customs (Prohibited Imports) Regulations 1956 
 
Outline of system  
 
1. The importation of certain organochlorine chemicals as listed in Schedule 9 of the Customs 
(Prohibited Imports) Regulations 1956  is prohibited unless written permission, either from the 
Minister responsible for the Australian Govern ment Department of Agriculture, Fisheries and 
Forestry or an authorised officer, is provided to  the Australian Customs Service (Customs) at the time 
of importation.  An authorised officer means an of ficer of the Department of Agriculture, Fisheries 
and Forestry who is authorised in writing by the re levant Minister for the purposes of this regulation. 
Purposes and coverage of licensing  
2. The organochlorine pesticides (OCPs) group of chemicals were once commonly used 
pesticides in agriculture and industry, however they  have since been found to  produce harmful effects 
on animals, people and the environment.  The OCP ra nge that is subject to Australian import controls 
includes the intentionally produced persistent or ganic pollutants that are listed on the Stockholm 
Convention on Persistent Orga nic Pollutants (Stockholm Convention), methoxychlor and 
oxychlordane. 
3. The regulations apply to the impor tation of goods from all countries. 
4. The importation of OCPs is regulated as a community protection measure.  These chemicals 
are considered to be harmful as they are generally  persistent in the environment and bio-accumulative 
in organic tissue.  The monetary value is not a criterion for control. 
5. The control on importation of the specified goods is a statutory requirement under 
Regulation 5I of the Customs (Prohibited Imports) Regulations 1956  made under the Customs Act  
1901.   The system cannot be abolishe d without legislative approval.  
The importation controls under the Customs (Prohibited Imports) Regulations 1956  preceded 
Australia’s ratification of the Stockholm Conventi on. However as Australia is now a Party to the 
Stockholm Convention and these import c ontrols are required of all Parties, Australia would need to 
withdraw from the Convention in order to abolish these import controls.  
Procedures  
6. Not applicable. 
7. (a) Application should be made in  advance of arrival of the goods. 
(b) Permits are not normally issued immediately.  Applications for permits are normally faxed to 
the Technical and International Policy section of  the Department of Agriculture, Fisheries and 
Forestry who then issue permits where appropriate (during business hours). 
(c)  Permits may be issued at any period of the year. 
(d) Permits are issued by the Australian Govern ment Department of Agriculture, Fisheries and 
Forestry and are presented to Customs at the time of importation.    G/LIC/N/3/AUS/3 
Page 80  
 
  8. Application for permission to import can be refused on the discretion of the Minister for 
Agriculture, Fisheries and Forestry.  There is no ri ght of appeal against the Minister's decision. 
Eligibility of importers to apply for licence
 
9. (a)  Not applicable. 
(b) All persons, firms and institutions are e ligible to apply for permission to import. 
Documentational and other require ments for application for licence  
10. For permission to import applications must be ma de in writing to the relevant Minister.  The 
application should include the following information: 
• importer's name and address; 
• details of the goods to be imported includi ng the appropriate international codes; 
 11. The written permission of a relevant Minister or authorised officer is required to be produced 
on import. 
12. No. 
13. No. 
Conditions of licensing
 
14. Permits apply to one consignment only. Typically  they are valid for a period of three months. 
15. No. 
16. No. 
17. A permission granted under Regulation 5I of the Customs (Prohibited Imports) Regulations 
1956  may specify conditions or requirements to be comp lied with by the holder of the permission.  If 
the holder of the permission fails to comply with a condition or requirement the Minister may revoke 
the permission. 
Other procedural requirements  
18. No. 
19. Not applicable. 
  G/LIC/N/3/AUS/3 
 Page 81 
 
 
  XXVII.  INDUSTRIAL CHEMICALS 
- Industrial Chemicals (Notific ation and Assessment) Act 1989 
- Customs Act 1901 - Customs (Prohibited Imports) Regulations 1956 
 
Outline of Systems
 
 
1. Industrial chemicals are regulated by the Australian Government under the Industrial 
Chemicals (Notification and Assessment) Act 1989  (the Act), administered by the National Industrial 
Chemicals Notification and Assessment Scheme (NICNAS) and located within the Australian 
Government Department of Health and Ageing.   
The Australian Inventory of Chemical Substa nces (AICS) lists the chemicals that are 
available for use in Australia. So me 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 im port and/or manufacture relevant industrial 
chemicals for commercial purposes are required to register with the NICNAS.   
NICNAS is responsible for implementing th e obligations of the Rotterdam Convention 
domestically for industrial chemicals.  Australia’s  import decision for industr ial chemicals listed in 
Annex III of the Convention reflects the current regulato ry status of that chemical in Australia. More 
information can be obtained at: 
 http://www.nicnas.gov.au/Treaties/Rotterdam _Convention/Rotterdam_Conventaion_Guidanc
e_Note_PDF.pdf 
The importation of polychlorinated biphenyls (P CBs), triphenyls (PCTs) and polyphenyls is 
prohibited under the provisions of the Customs Act 1901  and Customs (Prohibited Imports) 
Regulations 1956  unless the permission in writing of the Minister for Justice and Customs is granted 
and presented to Customs at the time of importation.  The permission must be issued in the name of the owner.  It may include strict conditions as to the application, disposal and destruction of the 
industrial chemicals.  The Minister also has the power to stipulate methods for the accounting for the 
goods to ensure they are used for the stated purpose. 
Purposes and Coverage of Licensing
 
2. The purpose of the notification and assessment pro cess for new chemicals is to ensure that no 
new chemicals are introduced into Australia unless they have been asse ssed for risks to public health, 
occupational health and safety and the environment. 
The purpose of the Rotterdam Convention is to  promote shared responsibility and cooperative 
efforts among Parties in the international trade of  certain hazardous chemicals in order to protect 
human health and the environment from potential harm. 
Certain industrial chemicals including polychlorinated biphenyls (PCBs), polychlorinated 
triphenyls (PCTs) and polychlorinated polyphenyls are all considered to be persistent organic 
pollutants.  PCBs, PCTs and polyc hlorinated polyphenyls are used in electrical appliances (such as 
transformers and capacitors), as cool ants (often in light fittings), h ydraulic fluids, plasticisers and dye 
carriers. G/LIC/N/3/AUS/3 
Page 82  
 
  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. 
4. The notification and assessment process is to ensure that no new chemicals are introduced 
into Australia unless they have been  assessed for risks to public hea lth, occupational health and safety 
and the environment.  It is not intended to restrict the quantity or value of imports.   
The licensing of chemicals covered by the Rotterdam Convention is for the purpose of 
fulfilling Australia’s obligations unde r that Convention.  The monetary value is not a criterion for 
control. 
The importation of PCBs, PCTs and polychlorinat ed polyphenyls is regulated as a community 
protection measure.  These chemicals are considered to be highly toxic and vi rtually indestructible 
and a considerable danger to the environment.   The Australian and New Zealand Environment 
Conservation Council  (ANZECC) prepared the Australian PCBs Management Plan in 1996.  The 
aims of the plan are the phasing out, disposal and de struction of PCBs.  The monetary value is not a 
criterion for control. 
5. The control on importation of PCBs, PCTs and polychlorinated polyphenyls is a statutory 
requirement under Regulation 4AB of the Customs (Prohibited Imports) Regulations 1956  made 
under the Customs Act 1901 . 
The notification and assessment process, the registration process and the control on the 
importation of other industrial chemicals are prescribed in the Industrial Chemicals (Notification and 
Assessment) Act 1989 . 
These systems can be abolished without legislative approval.  
Procedures
 
6. Not applicable.   
7. (a) Registration must be in place before industria l chemicals may be imported.  The registration 
process required for individuals and compani es intending to import relevant industrial 
chemicals may take up to 28 days.  The notification and assessment of new chemicals may 
take several months depending on the amount of data available about the chemical. 
For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls application for a permit should be made in advance of 
arrival of the goods. 
(b) For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls permits cannot be issued immediately as they are only issued 
on the advice of the Chemical Policy Section of  the Environment Protection Branch within the 
Department of the Environment and Heritage and the National Industrial Chemicals Notification and Assessment Scheme (NICNAS).  
For the remaining chemicals listed on the Rotte rdam Convention importers are advised to 
allow at least ten business days. 
(c) Permits may be issued throughout the year.  G/LIC/N/3/AUS/3 
 Page 83 
 
 
  (d) For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls a permit is issued by the Minister for Justice and Customs on the advice of the Department of the Environm ent and Heritage and the NICNAS.  Permissions 
to import PCBs are normally gran ted 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 chemicals listed on the Ro tterdam Convention permits 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 Justice and Customs.  There is no right of appeal against the Minister's 
decision. 
For the remaining chemicals listed on the Ro tterdam Convention permits are issued by 
NICNAS and there is no right of appeal against a decision by the Director not to issue a permit. 
Eligibility of Importers to Apply for Licence
 
9. (a) Not applicable. 
(b) All persons, firms and institutions are e ligible to apply for permission to import. 
Documentational and Other Requirements for Application for Licence  
10. Applications for permits to import polychlorinated biphenyls (PCBs), polychlorinated 
triphenyls (PCTs) and polychlorinated polyphenyls mu st be made in writing to the Minister for Justice 
and Customs.  The application should include the following information: 
• importer's name and address; 
• details of the goods to be imported; 
 
NICNAS Registration forms for companies a nd individuals that import or manufacture 
relevant industrial chemicals can be found at www.nicnas.gov.au  
11. For the importation of polychlorinated biphenyls (PCBs), polychlorinated triphenyls (PCTs) 
and polychlorinated polyphenyls the written permissi on of the relevant Minister is required to be 
produced on import. 
For the remaining chemicals listed in the Rotte rdam Convention, permits are required to be 
produced at the time of importing the chemical. 
12. There is currently no fee for a permit to impor t 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 stru ctured according to value of the chemicals being 
imported or manufactured and are available at:   
http://www.nicnas.gov.au/Industry/Registration/ NICNAS_Registration_Brochure_PDF.pdf  
There is no fee for permits for the importation of polychlorinated biphenyls (PCBs), 
polychlorinated triphenyls (PCTs) and polychlorinated polyphenyls. G/LIC/N/3/AUS/3 
Page 84  
 
  13. No 
Conditions of Licensing
 
14. Permits apply to one consignment only. 
NICNAS Registration is valid for one year commencing on 1 September and finishing on 31 
August. 
15. No. 
16. No. 
17. All permits to import the chemicals listed in  the Rotterdam Convention can be subject to 
conditions including the quantity. 
A permission granted under Regulation 4AB of the Customs (Prohibited Imports) Regulations 
1956  may specify conditions or requirements to be complied with by the holder of the permission. 
Other Procedural Requirements  
18. No 
19. Not applicable 
__________