Basic information
Outline of the system
The importation of tablet presses and encapsulators is prohibited under provisions of the Customs Act 1901 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
Tablet presses are defined as any equipment which can be used for the compaction or moulding of powdered or granular solids, or semi-solid material to produce coherent solid tablets. Encapsulators are defined as any equipment which can be used for the complete envelopment of powdered or granular solids, semi-solid material, liquids, or gases to produce coherent solid capsules.
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 permission can specify conditions or requirements including times for compliance and the number of tablet presses allowed to be imported. The Minister or an authorised person has the power to revoke permission where the holder does not comply with a condition or requirement. The manufacture and distribution of amphetamine type stimulants is a serious problem in Australia and preventing the importation of tablet presses/encapsulators for use in illicit markets is an important way of reducing domestic production.
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 equipment may be manual, semi-automatic or fully automatic and may be not complete, temporarily or permanently inoperable, or unfinished.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control on the specified goods is a statutory requirement under Regulation 4G 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.
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.
The application form can be found at: https://www.abf.gov.au/form-listing/forms/b712.pdf.
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?
A permit to import would not normally be granted immediately as some conditions must be fulfilled. Checking of applicants' suitability to hold a permit generally takes some time and therefore permits cannot generally be issued immediately upon request. The application process generally takes six to eight weeks. In some circumstances this process may take longer as the Department of Home Affairs relies on other law enforcement agencies to provide information to enable the authorised officer to make an informed decision on each application.
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?
Granting permission for the importation of tablet presses/encapsulators involves state and territory authorities and the Department of Home Affairs. Advice received from the relevant state or territory police force and the Australian Criminal Intelligence Commission (ACIC) plays a major role in the decision-making process.
Must the applications be passed on to other organs for visa, note or approval?
The Department of Home Affairs takes the responsibility to contact state and territory authorities as part of the decision-making process.
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 licensing 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 licences
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 Delegate.
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 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 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?
Permits may be issued at any period of the year.
What documents are required upon actual importation?
The original permission from the Minister 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 permission is valid for 12 months from the date of signature. However, 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 license or a portion of a license.
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.