Basic information
Outline of the system
The importation of tobacco products is prohibited under provisions of the Customs Act 1901 (Customs Act) and regulation 4DA of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) unless specific permission of the Minister, or an authorised person, has been granted.
Product coverage
The prohibition applies to all tobacco products (as defined by the Customs Act 1901):
• Tobacco of a kind specified in regulation 4D of the PI Regulations;
• Chewing tobacco and snuffs intended for oral use;
• Cigars;
• Tobacco products:
That are prescribed by by-law for the purposes of item 15 of Schedule 4 to the Customs Tariff Act 1995; and
That are imported by passengers, or members of the crew, of ships or aircraft; and
On which duty is not payable.
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. The importation of tobacco products is regulated to reduce the trade in illicit tobacco and to further protect the public health.
Questions for products under restriction as to the quantity or value of imports
Not applicable.
The system applies to products originating from which country?
A generic import approval by the Minister for Home Affairs exists for cigars in any quantity and chewing tobacco; snuffs intended for oral use weighing 1.5kg or less.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control on the specified goods is a statutory requirement under Regulation 4DA of the PI Regulations made under the Customs Act 1901.
Links to legislation:
• Customs Act 1901 – https://www.legislation.gov.au/Details/C2022C00061
• Customs (Prohibited Imports) Regulations 1956 - https://www.legislation.gov.au/Details/F2022C00511
• Customs (Prohibited Imports)(Importation of Tobacco Products) Approval 2019 https://www.legislation.gov.au/Details/F2019L00522
• Customs Tariff Act 1995 – https://www.legislation.gov.au/Series/C2004A04997
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 a tobacco import permission. However, an applicant must have a valid Australian Business Number (issued by the ATO) or an ABF Customer Reference Number (CRN) prior to submitting an application for a tobacco import permission.
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?
As part of the application process, applicants are also required to supply the following information:
• Name, address, ABN/CRN and other contact details;
• Details of the type of tobacco product to be imported; and
• The intended use for the imported tobacco products (i.e. personal or commercial).
The Minister or authorised person may seek additional information to the above should it be deemed necessary to make an informed decision on an importer's application.
What documents is the importer required to supply with the application?
An application for a tobacco import permission must be made in writing to the ABF. Application forms can be found at: www.abf.gov.au/tobacco.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
There are no limitations as to the period of the year during which an application for a tobacco import permission may be made.
Issuing the license
Can a licence be granted immediately on request?
Licenses cannot be granted immediately on request.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
The Australian Border Force (ABF) standard for issuing permissions is 28 days from receipt of all required information.
Which administrative body is responsible for approving application of licences?
The application for a tobacco import permission is considered in its entirety by the ABF.
Must the applications be passed on to other organs for visa, note or approval?
However, the ABF may contact external agencies to obtain relevant information in considering a permit application.
Are there any other conditions attached to the issue of a licence?
The Minister or authorised person may grant a permission subject to conditions or requirements, specified in the permission, that are to be complied with by the holder of the permission.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There are no fees associated with applying for or obtaining the permission.
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 issuance of tobacco import permissions.
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?
In considering whether to grant a permission, the Minister for Home Affairs or authorised person may consider any relevant matter.
The Minister for Home Affairs or authorised person may grant a permission subject to conditions or requirements, specified in the permission, that are to be complied with by the holder of the permission.
Are the reasons for any refusal given to applicants?
Where a permit is refused, the applicant will be advised in writing of the decision and the reasoning behind the decision.
Have applicants a right of appeal in the event of refusal to issue a licence?
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 ABF may require the original permission from the Minister for Home Affairs or authorised person to be produced upon importation in addition to the normal importation documentation required by the Department Home Affairs.
Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
There are no other administrative producers, apart from the requirement to obtain a permission, required prior to importation.
Conditions of licensing
What is the period of validity of a licence? Can the validity be extended? How?
The validity period for a tobacco import permit is at the discretion of the Minister for Home Affairs or authorised person, having regard to all relevant information relating to the applicant.
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 tobacco import permission.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Tobacco import permissions are not transferrable.
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.