Basic information
Outline of the system
Import controls exist on publications and goods that have been "Refused Classification" by the Classification Board or if unclassified, would likely be refused classification if submitted for classification from entering Australia. Material which is prohibited under Regulation 4A, Importation of Objectionable Goods, of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) may not be imported unless written approval has been granted from the Minister administering Part 2 of the Classification (Publications, Films and Computer Games) Act 1995 (Cth) (the responsible Minister) or by an authorised person; or the goods are being imported by an Australian police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution).
Under sub-regulation 4A(2A) of the PI Regulations, the responsible Minister has appointed the Director and Deputy Director of the Classification Board as authorised persons to grant permissions to import.
Product coverage
Objectionable goods include: computer games; computer generated images; films; interactive games; publications and any other goods 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 person who is, or who appears to be, a child under 18 (whether the person is engaged in sexual activity or not) . The goods may also be considered objectionable if they promote, incite or instruct in matters of crime or violence, or promote or incite the misuse of a drug specified in Schedule 4 of the PI Regulations. The goods may be considered objectionable if they advocate the doing of a terrorist act. Without limiting the above, computer games classified RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 are also considered objectionable goods.
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 importation of these goods is regulated as a community protection measure. Goods included are considered to be detrimental to the well-being of the community. The PI Regulations are not intended to restrict the quantity or value of imports.
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 regulations apply to the importation of goods from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control on importation of the specified goods is a statutory requirement under Regulation 4A of the PI Regulations made under the Customs Act 1901.
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?
For permission to import applications must be made in writing to the responsible Minister or an authorised person (the Director, or Deputy Director of the Classification Board). The application should include the following information:
- importer's name and address;
- details of the goods to be imported;
- quantity and distribution (end use);
- the purposes for which the goods are to be imported;
- explanation and evidence of the extent to which the person to whom permission would be granted conducts activities of an artistic, educational, cultural or scientific nature to which the goods relate;
- evidence of the reputation of the person both in general and in relation to the activities described above; and
- explanation of the person's ability to meet any conditions that may be imposed in relation to the goods under sub-regulation 3 (i.e. custody, use, reproduction, disposal, destructions, exportation or accounting for the goods);
- any other relevant matters.
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?
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?
No.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Applications generally take up to 20 working days to process assuming the applicant has provided sufficient information to allow a decision to be made. Applications may be made retrospectively if goods land and are seized by the DIBP. This may happen when the applicant inadvertently fails to apply in advance, or does not realise the goods would be prohibited. The same processing time applies, and DIBP will delay destruction of the goods once they are notified an application for permission has been made. If the permission to import is refused or granted subject to conditions the applicant will be notified of the decision by notice in writing within 30 days of the decision.
Which administrative body is responsible for approving application of licences?
A request for permission to import can be refused, or granted subject to conditions, on the discretion of the responsible Minister, or a person authorised by the responsible Minister. Australian Border Force is responsible for determining whether goods are "objectionable” at the border and may apply for classification if the good is a publication, film or computer game as defined in the Classification (Publications, Films and Computer Games) Act 1995.
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 applied regarding the custody, use, reproduction, disposal, destruction or exportation of the imported goods or with respect to accounting for the goods for the purpose of ensuring that the goods are not used otherwise than for the purposes for which permission was granted.
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?
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
Where an application is refused, or granted subject to conditions, application for review of this decision may be made to the Administrative Appeals Tribunal (AAT), and except where subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies, the applicant may request a statement of reasons for the decision. The responsible Minister may certify in writing that in the public interest the responsibility for permission or refusal should remain solely with the responsible Minister and should not be reviewable by the AAT. The certificate must include a statement of the grounds on which the certificate was issued.
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?
Permits may be issued at any period of the year.
What documents are required upon actual importation?
Proof of authorisation is required on 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?
Permits apply to one consignment only.
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?
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.