Basic information
Outline of the system
The importation of certain organochlorine chemicals (OCs) as listed in Schedule 1 of the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 and Schedule 9 of the Customs (Prohibited Imports) Regulations 1956 is prohibited unless written permission, either from the Minister responsible for the Commonwealth Department of Agriculture, Fisheries and Forestry or an authorised officer, is provided to the Australian Border Force (ABF) at the time of importation. An authorised officer means an officer of the DAFF who is authorised in writing by the relevant Minister for the purposes of this regulation.
Product coverage
OCs were once commonly used in agriculture and industry, however, they have since been found to produce harmful effects on animals, people and the environment. The OCs subject to Australian import controls includes OCs controlled under domestic legislation and persistent organic pollutants that are listed under Schedule 1 of the Agricultural and Veterinary Chemicals (Administration) Regulations 1995. Schedule 1 is amended from time to time, to, inter alia, to reflect the Australian Government's ratification of decisions made by the Conference of the Parties to the Stockholm Convention on Persistent Organic Pollutants (Stockholm Convention).
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 chemicals is regulated as a community protection measure. These chemicals are considered to be generally persistent in the environment, relatively toxic and bio accumulative. OCs listed in the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 are intended to restrict imports, unless they are for uses or purposes allowed under the Stockholm Convention (e.g. specific exemption, acceptable purpose, laboratory-scale research, reference standard or environmentally sound disposal).
Questions for products under restriction as to the quantity or value of imports
Not applicable, as no organochlorine chemicals are restricted on the basis of either the quantity or value of imports.
The system applies to products originating from which country?
For OCs subject to domestic regulation import controls apply to all countries. For the OCs listed in Schedule 1 of the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 as Stockholm Convention import controls apply to Parties to this Convention.
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 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 and Regulation 5I of the Customs (Prohibited Imports) Regulations 1956 made under the Customs Act 1901.
Australia is a Party to the Stockholm Convention and these import controls are required of all Parties.
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 relevant Minister or authorised officer at http://www.agriculture.gov.au/ag-farm-food/ag-vet-chemicals/stockholm-ro....
The application should include the following information:
- importer's name and address; and
- details of the goods to be imported including the appropriate international codes, quantity, intended use, exporting country, date of import.
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
No, permits may be issued at any period of the year.
Issuing the license
Can a licence be granted immediately on request?
Permits are not normally issued immediately. Applications for permits are made to the Department of Agriculture, Fisheries and Forestry and normally processed within five business days.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
However, if the chemicals have arrived without a permit, the Australian Border Force may hold the shipment until a decision concerning an application is made.
Which administrative body is responsible for approving application of licences?
Permits are issued by the DAFF and are presented by the importer to the ABF at the time of importation.
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?
Permission granted under Agricultural and Veterinary Chemicals (Administration) Regulations 1995 and Regulation 5I of the Customs (Prohibited Imports) Regulations 1956 may specify conditions or requirements to be complied with by the holder of the permission, such as the use of the chemical (e.g. as a reference standard or for laboratory-scale experiment only). If the holder of the permission fails to comply with a condition or requirement the Minister may revoke the permission.
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?
Application for permission to import can be refused at the discretion of the Minister for Agriculture.
Are the reasons for any refusal given to applicants?
Reasons for refusal would be explained to applicants.
Have applicants a right of appeal in the event of refusal to issue a licence?
There is no right of appeal against the Minister's decision.
If so, to what bodies and under what procedures?
However, 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?
No, permits may be issued at any period of the year.
What documents are required upon actual importation?
The written permission of the Minister or authorised officer is required to be produced on import.
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 usually apply to one consignment only, typically valid for three months but may be extended given sufficient justification.
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?
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. Further information can be found at http://www.agriculture.gov.au/agriculture-food/ag-vet-chemicals/stockhol....