Basic information
Outline of the system
The importation of security sensitive ammonium nitrate (SSAN) is prohibited under the provisions of the Customs Act 1901 and Customs (Prohibited Imports) Regulations 1956 (PI Regulations) unless:
(a) Permission has been granted for the importation by the state/territory authority where the goods will be located immediately after arrival and that is presented to the Australian Border Force (ABF) at the time of importation; or
(b) the state/territory does not require permission to import.
A licence is required to import SSAN into the following States and Territories: Queensland, New South Wales, Australian Capital Territory, Victoria, Tasmania, Western Australia and South Australia.
Product coverage
The goods covered include security sensitive ammonium nitrate (SSAN) . SSAN is ammonium nitrate, a mixture or emulsion made up of more than 45% ammonium nitrate, but not ammonium nitrate in solution.
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 SSAN is regulated as a community protection measure. SSAN is a chemical of security concern and is regulated by the states/territories under dangerous goods legislation. The PI Regulations are not intended to restrict the quantity or volume 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 PI 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 4X 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 although they must satisfy the requirements of the legislation in the jurisdiction where they are applying for the licence.
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
The relevant agencies are:
|
State/Territory |
Agency |
|---|---|
|
Queensland |
Department of Mines and Energy |
|
New South Wales |
WorkCover Authority NSW |
|
Australian Capital Territory |
WorkSafe ACT |
|
Victoria |
WorkSafe Victoria |
|
Tasmania |
WorkPlace Standards Tasmania |
|
Western Australia |
Department of Mines and Petroleum |
|
South Australia |
SafeWork South Australia |
Documentation requirements
What information is required in applications?
Applications for licences must be made to the relevant State/Territory authority on the approved form for that State/Territory and include all relevant particulars.
What documents is the importer required to supply with the application?
The documents required to be submitted vary depending on the jurisdiction and whether the applicant holds other licences for SSAN or other dangerous goods.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications for import licences should be made at least seven working days in advance of the importation.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
Licences may be issued at any period of the year.
Issuing the license
Can a licence be granted immediately on request?
Licences cannot be issued immediately as the licence holders need to satisfy a number of conditions under the relevant State/territory legislation that the licence is granted under.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
Licences are granted by state/territory authorities. Where other licences for SSAN are held (e.g. export) a shorter time-frame my apply.
Which administrative body is responsible for approving application of licences?
The licences are specific to each State/Territory within Australia.
Must the applications be passed on to other organs for visa, note or approval?
This means that to import SSAN into more than one jurisdiction, multiple authorities need to be approached. The licensing authority in each State/Territory consults other government agencies in the licensing process.
Are there any other conditions attached to the issue of a licence?
Licences may impose conditions to be complied with.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
Licensing fees are charged by the State/Territory licensing authorities and vary depending on the type of licence sought.
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?
Licence applicants must satisfy the requirements of the legislation in the relevant jurisdiction
Are the reasons for any refusal given to applicants?
Have applicants a right of appeal in the event of refusal to issue a licence?
Appeal provisions are managed by those jurisdictions.
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?
Where permission is required in the state/territory of importation, the permission from the relevant State/territory authority must be produced to the ABF on import.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
Not applicable.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
Licensing periods vary in each jurisdiction. They range from one year to five years.
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 licence
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.