Basic information
Outline of the system
The importation of plastic explosives is generally prohibited under provisions of the Customs Act 1901, the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) and the Criminal Code Act 1995 (Cth) (Criminal Code). Importation is lawful if the Minister for Home Affairs (the Minister) has issued a permit under the PI Regulations and, if applicable, an authorisation is provided under the provisions of the Criminal Code. The Criminal Code regime fulfils part of Australia's obligation under the United Nations Convention on the Marking of Plastic Explosives for the Purpose of Detection (Montreal, 1991) (the Convention).
Product coverage
The goods covered are plastic explosives. Different requirements apply depending on whether plastic explosives are "marked" with a chemical marker specified in the Criminal Code.
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. There are no restrictions in relation to the quantity or value of imports of unmarked plastic explosives under the Criminal Code regime. However, in exercising power to grant an authorisation, the Minister for Home Affairs may have regard to whether the import of unmarked plastic explosives is reasonable.
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 Department of Home Affairs and state and territory import licensing and permissions systems apply to importers of plastic explosives from all countries, regardless of whether the explosives are marked.
The Criminal Code requirements apply to both imported and domestically produced explosive products from all countries. That Authorisation scheme applies to importers of plastic explosives that are not marked.
Expected duration of licensing procedure
Legal requirements
Is the licensing statutorily required?
The control of plastic explosives is a statutory requirement under Regulation 4AA 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?
The control cannot be abolished without legislative approval.
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?
Any person, firm or institution may apply for a Permit. A Permit shall not be granted unless the applicant is a fit and proper person to be granted a Permit to import plastic explosives. Individuals, institutions, or corporations are eligible to apply for an Authorisation to import unmarked plastic explosives.
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?
In order to import unmarked plastic explosives importers will need to complete:
• an application for authorisation to either manufacture, possess, traffic in, import or export unmarked plastic explosives;
• an application for permission to import unmarked plastic explosives; and
• a manufacturers certificate.
In order to import marked plastic explosives importers will need to complete:
• an application for permission to import marked plastic explosives, and
• a manufacturers certificate.
A state or territory licence or permit must be obtained before the Minister can authorise the importation of plastic explosives and before the plastic explosives arrive in Australia. If the permission to import plastic explosives (and authorisation if the plastic explosives are unmarked) is obtained from the Minister, a permit number will be issued. This permit number must be presented to the Department of Home Affairs at the time of lodging an import declaration.
What documents is the importer required to supply with the application?
Further information, including relevant documents required to lodge an application for permission to import, is available at https://www.abf.gov.au/importing-exporting-and-manufacturing/prohibited-...
Window of submission of an application
How far in advance of importation must application for a licence be made?
No specific timeframe. However, it is recommended that the application forms are completed and submitted at least six weeks before the goods' expected arrival in Australia.
In addition, the importer must provide the State or Territory Permit or Licence to import plastic explosives on the Application for Permission to import plastic explosives form and on the Manufacturers Certificate, relevant to the Home Affairs and Criminal Code regimes respectively. In the case of unmarked plastic explosives, an Application for Authorisation to import unmarked plastic explosives should be lodged with the Department of Home Affairs before seeking permission to import.
Are there any limitations as to the period of the year during which application for licence can be made? If so, explain
No.
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.
An Application for an Authorisation under the Criminal Code regime must be submitted to the Department of Home Affairs for consideration and, if the Application is approved, an instrument of authorisation is executed and provided to the applicant. The process may take approximately two to three weeks.
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 plastic explosives involves state and territory licensing authorities, and the Department of Home Affairs.
Must the applications be passed on to other organs for visa, note or approval?
Authorisations and Permissions to import unmarked plastic explosives and Permissions to import marked plastic explosives are granted by the Minister or an authorised officer.
Are there any other conditions attached to the issue of a licence?
The importation of unmarked plastic explosives (which are not subject to quantitative restriction) may be subject to such conditions and restrictions as the Minister may specify in the authorisation. Such conditions may include a requirement that future stocks of unmarked plastic explosives be purchased only from a specified source and/or that the applicant inform the Department of Home Affairs of any additional consignments of unmarked plastic explosives acquired following the grant of an Authorisation.
Fees and other administrative charges
Is there any licensing fee or administrative charge?
A state or territory import licence or permit is required on actual importation of marked or unmarked plastic explosives. In addition to the state or territory licence or permit, additional documentation must be completed as specified in response to question (10) above.
What is the amount of the fee or charge?
No licensing fees are applicable.
Is there any deposit or advance payment required associated with the issue of licences?
No deposit or advance payment is required. No deposit or advance payment is associated with the issue of permissions or authorisations by the Minister.
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?
Unless otherwise stated, the regulations allow the Minister to consider whatever he or she believes necessary in forming a view as to whether or not to grant a permit. An import permit issued by the Minister or an authorized person may be revoked if the permit holder engages in conduct that contravenes a condition or requirement of the permission.
An authorisation to import unmarked plastic explosives may be refused by the Minister if he or she considers that the proposed importation is unreasonable and/or considers that the authorisation ought not be granted having regard to such matters as he or she considers relevant. An application may be made to the Administrative Appeals Tribunal for review of the Minister's decision to refuse to grant an Authorisation or the Minister's decision to specify a condition or restriction in an Authorisation made under section 72.18(1) (authorisation for research), section 72.19(1) (authorisation for defence and police purposes), section 72.20(1) (authorisation for use of existing stocks) or section 72.21(2) (authorisation for manufacturers).
Are the reasons for any refusal given to applicants?
The Minister or his or her authorised officer would be required to give reasons for refusing to grant an Authorisation.
Have applicants a right of appeal in the event of refusal to issue a licence?
If the Minister’s decision is affected by jurisdictional error or error of law, it is susceptible to judicial review under the Administrative Decisions (Judicial Review) Act 1977.
If so, to what bodies and under what procedures?
If the Minister’s decision is affected by jurisdictional error or error of law, it is susceptible to judicial review 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
What documents are required upon actual importation?
A state or territory import licence or permit is required on actual importation of marked or unmarked plastic explosives. In addition to the state or territory licence or permit, additional documentation must be completed as specified in response to question (10) above.
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 Minister may issue an authorisation for the importation of unmarked explosives for defence or police purposes until 25 August 2022. Existing authorisations cannot be extended. If an existing user wishes to engage in an activity other than one which is covered by the terms of an existing authorisation, a new application must be made.
Is there any penalty for the non-utilization of a licence or a portion of a licence?
There is no penalty for non-utilisation of a permit. However, if a permit holder has not used the permit during the year and applies for a renewal, the applicant may need to justify retention of the permit. There is no penalty for non-utilisation of an authorisation issued by the Minister.
Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits and authorisations issued by the Department of Home Affairs are not transferable and apply only to those applicants to whom the authorisation was initially granted.
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.