Basic information
Outline of the system
Importation into Australia of goods the description of which includes or bears the word "Anzac", or advertising matter relating to those goods, is controlled by the Customs (Prohibited Imports) Regulations 1956 and is prohibited except with the written permission of the Minister for Veterans' Affairs (the Minister) or an authorised officer.
A person making an application to import "Anzac" goods under the PI Regulations will also need to apply to use the word "Anzac" under the Protection of Word "Anzac" Regulations (Anzac Regulations).
The Department of Veterans' Affairs (DVA) issues the Use of the Word "Anzac" Guidelines (the Guidelines) to help Australians comply with the legal restrictions on the use of the word "Anzac".
For more information about use of the word 'Anzac', visit Protecting the word Anzac, or contact: usewordanzac@dva.gov.au
Product coverage
Licensing system maintained and products covered include: the Anzac Regulations and the PI Regulations.
The purpose of Regulation 4V of the PI Regulations is to prohibit the importation of all goods into Australia that include or bear the word "Anzac", unless: the person importing the goods is the holder of a written permit granted by the Minister or an authorised officer; and the permit is produced at or before the time of importation. The Minister or an authorised officer may specify conditions or requirements to be complied with by the holder of the permission or permit to import "Anzac" goods, and may, for any such condition or requirement, specify a time period before the permission expires. The Minister or an authorised officer may revoke permission where the conditions of the permit are not met.
In certain circumstances, providing the goods obtain approval status, importers are able to obtain retrospective import approval after the goods have arrived in Australia. However, if the "Anzac" goods in question do not receive ministerial approval they may be detained or seized by the Australian Border Force (ABF).
Nature of licensing
Automatic
If Automatic, administrative purpose
Non-Automatic
If Non-Automatic, description of the notified Non-Automatic Licensing regime
Products under restriction as to the quantity or value of imports
The PI Regulations are not intended to restrict the quantity or value of imports. The PI Regulations, in conjunction with the Anzac Regulations, seek to protect the inappropriate use and commercial exploitation of the word "Anzac" and to protect the significance of the word.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
The regulation applies to the importation of goods from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The controls on the importation of "Anzac" goods are statutory requirements
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
Eligibility of applicants
Is there a system of registration of persons or firms permitted to engage in importation?
What persons or firms are eligible to apply for a licence?
Any person, firm or institution is eligible to apply to the Minister to import "Anzac" goods.
Is there a registration fee?
Is there a published list of authorized importers?
Contact point for information on eligibility
Ministry/Authority
Address
Telephone
Fax
E-mail address
Website
Contact officer
Submission of an application
Administrative body(ies) for submission of an application
Documentation requirements
What information is required in applications?
Applications should include, but are not restricted to:
• name of the applicant/importer (person and organisation);
• name and address of registered company/premises;
• nature of the business and purpose of the proposed "Anzac" goods;
• a current copy of the company Australian Business Number (ABN) or Australian 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.
What documents is the importer required to supply with the application?
An application can be submitted using form D9363 Application for Approval to use the word "Anzac" available on the DVA website. Every application is considered on its individual merits and if additional information is required the applicant will be contacted.
Window of submission of an application
How far in advance of importation must application for a licence be made?
An application for the importation of "Anzac" goods into Australia should be made well in advance of the arrival of the goods. Permit applications may take up to four weeks for the process to be completed and to be notified of an outcome. On rare occasions this may increase beyond four weeks, particularly around peak times leading up to Anzac Day or because of the checks made on the individual or company applying to import the "Anzac" goods. Checks are also undertaken on the nature of the goods and their intended use.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Applications can be made at any time of the year.
Issuing the license
Can a licence be granted immediately on request?
A permit cannot be granted immediately on request as certain conditions must be fulfilled. Processing and assessing applications includes extensive checks and the preparation of a brief for the Minister's consideration and decision.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The importation of "Anzac" goods is prohibited without written approval from the Minister or an authorised officer. Goods that arrive into port without ministerial approval may be detained or seized by the ABF.
In addition to the PI Regulations, the Anzac Regulations prohibit the use of the word "Anzac" or any word resembling the word "Anzac" in connection with any trade, business, calling, or profession without the Minister or an authorised officer's written approval. Persons applying to import "Anzac" goods may also require written consent to use the said "Anzac" goods under the Anzac Regulations.
Which administrative body is responsible for approving application of licences?
The DVA issues permits for the importation of "Anzac" goods in accordance with Regulation 4V of the PI Regulations, and Permission to Use Word "Anzac" in accordance with the Anzac Regulations.
Must the applications be passed on to other organs for visa, note or approval?
When considering permit applications, other authorities may be contacted by the DVA to verify application details.
Are there any other conditions attached to the issue of a licence?
Not applicable.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no licensing fee or administrative charge.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
There is no deposit or advance payment requirement associated with the issue of licenses.
Amount or rate?
Is it refundable?
What is the period of retention?
What is the purpose of this requirement?
Refusal of an application
Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria?
An application for a permit may be refused if: the Minister considers that approving the application would cause offence; use of the word "Anzac" on the imported goods is inappropriate; the application does not fall within the intent of the Regulations, e.g. the use of the word "Anzac" on an inappropriate product; the applicant is not considered fit and proper; or further permission is required, but has not been obtained. A permit may be revoked if the applicant fails to comply with the conditions of the permit.
Are the reasons for any refusal given to applicants?
An unsuccessful applicant is advised in writing of the Minister's decision and the reason for it.
Have applicants a right of appeal in the event of refusal to issue a licence?
There are no appeal provisions under the Regulations; however, the Minister will consider a request for reconsideration if the applicant is able to provide new information in support of their application.
If so, to what bodies and under what procedures?
In addition, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977.
Importation
Are there any limitations as to the period of year during which importation may be made?
What documents are required upon actual importation?
The signed permit is required at the time of importation.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The period of the import permit is specified in the permit issued to the applicant and is based on the requirements of each application. Unless otherwise noted, an import permit is required for every delivery.
The period of an existing permit cannot be extended, but a new permit may be issued upon request to the Minister.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for the non-utilisation of a license or a portion of a license.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits/licences are not transferable between importers.
Foreign Exchange
Is foreign exchange automatically provided by the banking authorities for goods to be imported?
Not applicable.
Is a licence required as a condition to obtaining foreign exchange?
Not applicable.
Is foreign exchange always available to cover licences issued?
Not applicable.
What formalities must be fulfilled for obtaining the foreign exchange?
Not applicable.