Basic information
Outline of the system
The importation of ice pipes is prohibited under provisions of the Customs Act 1901 (Customs Act) and the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) unless the permission of the Minister for Home Affairs, or an authorised person, has been obtained.
Product coverage
Ice pipes are defined as a device that is capable of being used for administering methylamphetamine, or any other drug mentioned in Schedule 4 of the PI Regulations, by the drawing or inhaling of smoke or fumes resulting from heating the drug, in the device, in a crystal, powder, oil or base form. Components are also controlled and these are defined as a device which appears, on reasonable grounds, to be part of an ice pipe; and is capable of being used for administering a drug mentioned in Schedule 4 of the PI Regulations, in the way described in the definition of ice pipe, only if adjusted, modified or added to.
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 volume of imports. A permit can specify conditions or requirements including times for compliance and the number of ice pipes allowed to be imported. The Minister for Home Affairs or an authorised person has the power to revoke permission where the holder does not comply with a condition or requirement.
The control on ice pipes has been introduced as a result of the Australian Government's commitment to reduce the abuse of illicit drugs. Amphetamine Type Stimulants (ATS) have been identified by the Australian Criminal Intelligence Commission as an organised crime priority for the Australian Government. While ATS can be administered in a range of ways, smoking its crystalline form (known as ice) is particularly dangerous, due to high drug purity levels, which can result in serious physical and emotional harm.
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 4I of the PI Regulations made under the Customs Act.
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. However, permission will not be granted for personal use.
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 must be made in writing to the Minister for Home Affairs or an authorised person.
What documents is the importer required to supply with the application?
The application should include supporting documentation to possess the goods and/or any relevant end user evidential documentation.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Application should be made in advance of arrival of the 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 at any period of the year.
Issuing the license
Can a licence be granted immediately on request?
Applications for permission to import can be processed immediately provided all information is available and the application is considered to be urgent.
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?
Permissions are granted by the Minister for Home Affairs or an authorised person.
Must the applications be passed on to other organs for visa, note or approval?
Are there any other conditions attached to the issue of a licence?
Conditions may be imposed on the permission and quantities are specified.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no permit fee.
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 permission.
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?
Application for permission to import can be refused at the discretion of the relevant Minister or authorised person.
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?
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 original permission from the Minister for Home Affairs or authorised person is required upon 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 Minister for Home Affairs may specify a time period for the validity of the permission.
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 permission or a portion of a permission.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits/licenses 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.