Basic information
Outline of the system
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 (Customs Act) and the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) .
For goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of the Commonwealth as to be likely to deceive, specified conditions must be complied with. The goods must not be imported unless the design has been approved in writing by the Secretary to the Department of the Prime Minister and Cabinet or an authorised person; and if the collector asks the importer to produce the approval, the importer produces it.
For goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of a State or Territory of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of a State or Territory of the Commonwealth as to be likely to deceive; or a representation of the Royal Arms or a representation so nearly resembling the Royal Arms as to be likely to deceive. The goods must not be imported unless the design has been approved in writing from the Department of Premier and Cabinet or the Chief Minister's Department of the relevant State or Territory; and if the collector asks the importer to produce the approval, the importer produces it.
Product coverage
The goods covered are:
• goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of the Commonwealth as to be likely to deceive; and
• goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of a State or Territory of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of a State or Territory of the Commonwealth as to be likely to deceive; and
• goods to which, or to the coverings of which, there is applied a representation of the Royal Arms or a representation so nearly resembling the Royal Arms as to be likely to deceive.
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 importation of goods bearing the arms or having applied to them a representation of a flag or seal of the Commonwealth or a State or Territory was introduced to act as a quality control measure to ensure that representations are realistic, of good quality, preserve the dignity and integrity of national symbols and do not breach other legislation.
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 system applies to the importation of goods originating from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control on the specified goods is a statutory requirement under Regulation 4, Schedule 2 (Royal Arms) and Schedule 3 (State and Territory flags, arms and seals; and the Royal Arms) and Schedule 3 (Commonwealth flags, arms and seals) of the PI Regulations made under the Customs Act 1901.
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?
All persons, firms and institutions are eligible to apply for permission to import.
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 for permission to import goods having a representation of the arms, a flag or a seal of the Commonwealth should include: - the importer's name and address; - a description of the goods; and - a copy of the design.
What documents is the importer required to supply with the application?
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications should be made in advance of the importation of the goods and it is recommended that the design be approved prior to the mass production of goods.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Permits may be issued throughout the year.
Issuing the license
Can a licence be granted immediately on request?
Permissions cannot be granted immediately on request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Which administrative body is responsible for approving application of licences?
Designs must be approved by the Department of Prime Minister and Cabinet or the relevant State/Territory protocol section and for goods listed in Schedule 2, permission to import obtained from the Minister for Home Affairs or an authorised person.
Must the applications be passed on to other organs for visa, note or approval?
Designs must be approved by the Department of Prime Minister and Cabinet or the relevant State/Territory protocol section and for goods listed in Schedule 2, permission to import obtained from the Minister for Home Affairs or an authorised person.
Are there any other conditions attached to the issue of a licence?
Permits/licences are not transferable between importers.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
In the case of goods bearing a representation of the arms, a flag or a seal of the Commonwealth if the collector asks the importer to produce the design approval issued by Secretary to the Department of the Prime Minister and Cabinet approval, the importer must produce it.
In the case of goods bearing a representation of the arms, a flag or a seal of a State or Territory of the Commonwealth or a representation of the Royal Arms the permission from the Minister for Home Affairs or authorised person is required to be produced upon importation.
What is the amount of the fee or charge?
There is no licensing fee or administrative charge.
Is there any deposit or advance payment required associated with the issue of licences?
There is no licensing fee or administrative charge.
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?
Apart from statutory or ordinary requirements, the only other criteria for refusal is if the design has not been approved by the relevant authority
Are the reasons for any refusal given to applicants?
Reasons for refusal are given to applicants.
Have applicants a right of appeal in the event of refusal to issue a licence?
Applicants refused permission to import may appeal on the decision-making process under the Administrative Decisions (Judicial Review) Act 1977.
If so, to what bodies and under what procedures?
Applicants refused permission to import may appeal on the decision-making process 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?
Applications for permission to import goods having a representation of State and Territory flags, arms or seals should include: - the importer's name and address; - a description of the goods; and - design approval from the Premier's or Chief Ministers department in the relevant state or territory.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
For goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of a State or Territory of the Commonwealth, the Minister for Home Affairs requires the prior approval of the relevant State/Territory Protocol section before an import permission will be issued.
For goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of the Commonwealth only the approval of the design by the Department of Prime Minister and Cabinet is required to import the goods. Importers must produce a copy of the approval to the Collection if requested.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
There is no deposit or advance payment requirement associated with the issue of licences.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
Import permissions are not subject to a validity period. In the case of goods bearing a representation of the arms, a flag or a seal of the Commonwealth, the design approval provided by the Department of the Prime Minister and Cabinet covers multiple consignments for a period of 12 months. At the expiration of the 12-month period a new approval will need to be sought.
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.