Basic information
Outline of the system
The importation of woolpacks is prohibited under regulation 4K of the Customs (Prohibited Imports) Regulations 1956, unless an original test certificate has been issued or permission has been granted.
To import woolpacks, an importer needs either:
• an original test certificate stating that the unused woolpack conforms to the Australian Wool Exchange Standard as described in the Customs (Prohibited Imports) Regulations 1956; or
• permission granted by the relevant Minister or an authorised person.
A valid test certificate or permission to import must be produced to the Australian Border Force at the time of importation. (Source: ABF website)
Regulation 4K(3) describes the relevant standard that woolpacks must conform to as the Australian Wool Exchange Standard No. 3, published on 1 July 2013.
There are currently five woolpack prescribed testing authorities, (https://www.legislation.gov.au/Details/C2014G01658) which were approved for the purposes of the regulation in 2014.
Product coverage
Unused woolpacks to be used for greasy wool require a test certificate issued by a prescribed testing authority, certifying that the woolpacks conform to Australian Wool Exchange (AWEX) standard no 3.
Unused woolpacks to be used for purposes other than greasy wool, require an import permission from the Minister for Agriculture or an authorised person. Import conditions (conditions of use) may be applied to these woolpacks.
Second-hand woolpacks require an import permission from the relevant Minister or an authorised person. The importation of second-hand woolpacks for use as containers of greasy wool is not permitted. Conditions of use (see 17.) may be applied to second-hand woolpacks.
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 woolpacks is regulated to ensure adequate pack strength and to minimise fibre contamination of the Australian wool clip. Regulation 4K of the Customs (Prohibited Imports) Regulations 1956 is not intended to restrict the quantity or volume of woolpack 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 woolpacks from all countries.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control on importation of woolpacks is a statutory requirement under Regulation 4K of the Customs (Prohibited Imports) Regulations 1956, made under the Customs Act 1901.
Does the legislation leave designation of products to be subject to licensing to administrative discretion?
The designation of products to be subjected to licensing under this framework does not allow administrative discretion: woolpacks are a prohibited good that cannot be imported without permission.
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?
The application should include the following information:
• Manufacturer; • Product name; • Number/pieces; • Use; • AWEX certificate; • Importer name and details; • Vessel; • Place of loading; • Bill of lading number; • Place of arrival; • Date of arrival.
What documents is the importer required to supply with the application?
Applications for permission to import woolpacks should be made in writing to the DAFF.
Window of submission of an application
How far in advance of importation must application for a licence be made?
Applications 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?
Permits may be issued promptly if a genuine requirement exists.
Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence
This does not preclude import permission being sought for goods which have inadvertently arrived at a point of entry.
Which administrative body is responsible for approving application of licences?
Importers only need to approach the Department of Agriculture, Fisheries and Forestry (DAFF) to seek consideration of their application to import woolpacks. The DAFF and the Minister for Agriculture are the only entities that consider applications for permission to import woolpacks.
Must the applications be passed on to other organs for visa, note or approval?
Where relevant (i.e. for unused woolpacks intended to store greasy wool), importers may separately need to seek an original test certificate from an Australian or international prescribed testing authority, to certify that the woolpacks conform to Australian Wool Exchange (AWEX) standard no 3.
Are there any other conditions attached to the issue of a licence?
Conditions may be applied regarding the custody, use, disposal or destruction of the imported woolpacks for the purpose of ensuring that they are not used otherwise than for the purpose for which the permission is granted.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
There is no licensing fee or administrative charge. The DAFF does not impose a licensing fee or administrative charge for considering applications for permission to import woolpacks.
What is the amount of the fee or charge?
Is there any deposit or advance payment required associated with the issue of licences?
Not applicable. The DAFF does not impose a licensing fee or administrative charge for considering applications for permission to import woolpacks.
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 or an authorised person, if the ordinary criteria are not met.
Are the reasons for any refusal given to applicants?
There is no right of appeal against the Minister's (or authorised person's) decision.
Have applicants a right of appeal in the event of refusal to issue a licence?
However, an appeal may be made on the decision-making process itself under the Administrative Decisions (Judicial Review) Act 1977.
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?
Permits may be issued at any period of the year.
What documents are required upon actual importation?
Proof of authorisation or a Test Certificate is required on importation. A valid test certificate or permission to import must be produced to the Australian Border Force at the time of 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?
Permission to import woolpacks is considered and granted per consignment.
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. The Customs Act 1901 (see s50(4)) imposes a penalty of 100 penalty units where a person's conduct contravenes the conditions or requirements of a permit issued to them. This is considered an offence against the Act and is subject to the Criminal Code.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permission to import woolpacks is 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.