Animals (including birds, marine animals and insects) and animal products, plants and goods of general quarantine concern
- Document symbol
- G/LIC/N/3/AUS/16
- Original language
- English
- Published on
- 27/11/2023
Outline of Systems
Q1. Give a brief description of each licensing system as a whole and, with respect to each, reply to the following questions as relevant, placing all of the material with respect to a given system in sequence together, and using cross references as appropriate when elements which have already been described are also present in another system.
The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) regulates international trade in Australian native species, live animals and plants, and species listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).
The Biosecurity Act 2015 (Biosecurity Act) applies controls to the importation of all plants, parts of plants and plant products, all animals (including birds, marine animals and insects), animal products, soil and other items of biosecurity risk.
Sections of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) control the importation of some animals and plants.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Apart from exports, the EPBC Act regulates:
• the import of all live animals and plants, including marine animals
• the import of non-live animal and plant specimens, including parts and derivatives, of species listed under CITES.
The purpose of Australia's biosecurity legislation is to manage the risk of introduction of pests and disease that could damage plant, animal or human health or the environment. Australia's biosecurity legislation applies to the importation of all plants, animals and their products and derivatives.
The PI Regulations control the importation of: fish caught by foreign based fishing vessels and Patagonian and Antarctic toothfish. The PI Regulations also control the import of raw tobacco and certain plant materials containing drugs.
Q3. The system applies to goods originating in and coming from which countries?
These systems apply to the importation of goods from all countries.
Q4. Is the licensing intended to restrict the quantity or value of imports, and if not, what are its purposes? Have alternative methods of accomplishing the purposes been considered and if so which? Why have they not been adopted?
The EPBC Act seeks to implement Australia's obligations under CITES, by regulating international trade in wildlife and wildlife products, to contribute to the protection and conservation of species that are endangered, or could become endangered, and to facilitate legal, sustainable trade in wildlife. The EPBC Act is not intended to restrict the quantity or value of imports.
The biosecurity legislation is not intended to restrict the quantity or value of imports but to manage the risk of introduction of exotic pests and diseases associated with importation for the purpose of protecting plant, animal and human health and the environment. The legislation also seeks to protect the Australian environment against further establishment of pest species of plants and animals by controlling the importation of certain live plants, animals and other biological material.
Q5. Cite the law, regulation and/or administrative order under which the licensing is maintained. Is the licensing statutorily required? Does the legislation leave designation of products to be subjected to licensing to administrative discretion? Is it possible for the government (or the executive branch) to abolish the system without legislative approval?
The controls on the importation of goods specified in this category are statutory requirements under the legislation:
- Environment Protection and Biodiversity Conservation Act 1999;
- Environment Protection and Biodiversity Conservation Regulations 2000;
- Biosecurity Act 2015; and
- Customs (Prohibited Imports) Regulations 1956.
The Department of Agriculture, Fisheries and Forestry (DAFF) is responsible for administration of the Biosecurity Act. The Department of Climate Change, Energy, the Environment and Water (DCCEEW), is responsible for the administration of the EPBC Act and regulations, and the Department of Home Affairs is responsible for administration of the PI Regulations.
The legislation does not allow for administrative discretion regarding goods/items subject to import controls. It is not possible to abolish the systems without legislative approval.
Procedures
Q6. For products under restriction as to the quantity or value of imports (whether applicable globally or to a limited number of countries or whether established bilaterally or unilaterally):
Q6.I. Is information published, and where, concerning allocation of quotas and formalities of filing applications for licences? If not, how is it brought to the attention of possible importers? Of governments and export promotion bodies of exporting countries and their trade representatives? Is the overall amount published? The amount allocated to goods from each country? The maximum amount allocated to each importer? How to request any exceptions or derogations from the licensing requirement?
Q6.II. How is the size of the quotas determined: on a yearly, six-monthly or quarterly basis? Are there cases where the size of quota is determined on a yearly basis but licences are issued for imports on a six-monthly or quarterly basis? In the latter case, is it necessary for importers to apply for fresh licence on a six-monthly or quarterly basis?
Q6.III. Are licences allotted for certain goods partly or only to domestic producers of like goods? What steps are taken to ensure that licences allocated are actually used for imports? Are unused allocations added to quotas for a succeeding period? Are the names of importers to whom licences have been allocated made known to governments and export promotion bodies of exporting countries upon request? If not, for what reason? (Indicate products to which replies relate.)
Q6.IV. From the time of announcing the opening of quotas, as indicated in I above, what is the period of time allowed for the submission of applications for licences?
Q6.V. What are the minimum and maximum lengths of time for processing applications?
Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?
Q6.VII. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Q6.VIII. If the demand for licences cannot be fully satisfied, on what basis is the allocation to applicants made? First come, first served? Past performance? Is there a maximum amount to be allocated per applicant and, if so, on what basis is it determined? What provision is made for new importers? Are applications examined simultaneously or on receipt?
Q6.IX. In the case of bilateral quotas or export restraint arrangements where export permits are issued by exporting countries, are import licences also required? If so, are licences issued automatically?
Q6.X. In cases where imports are allowed on the basis of export permits only, how is the importing country informed of the effect given by the exporting countries to the understanding between the two countries?
Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?
Q7. Where there is no quantitative limit on importation of a product or on imports from a particular country:
Q7.a. How far in advance of importation must application for a licence be made? Can licences be obtained within a shorter time-limit or for goods arriving at the port without a licence (for example, owing to inadvertency)?
Applications should be made well in advance of arrival of the goods to allow time for the application to be assessed against the legislation and the relevant import policy. Under the EPBC Act, once a permit application is received, there is a 40-business day statutory timeframe in which a decision regarding the application must be made. Not all goods require an import permit and clearance to import can be given at the point of entry provided the import conditions have been met. The Biosecurity Act does not prescribe a specific period of notice required but does note that relevant regulations may prescribe different requirements for notices for different classes of goods.
Q7.b. Can a licence be granted immediately on request?
In the case of most importations in this category it will not be possible for permission to be issued immediately on request.
Q7.c. Are there any limitations as to the period of the year during which application for licence and/or importation may be made? If so, explain.
Permits may be issued at any period of the year.
Q7.d. Is consideration of licence applications effected by a single administrative organ? Or must the application be passed on to other organs for visa, note or approval? If so, which? Does the importer have to approach more than one administrative organ?
Applications for permission to import most animals, animal products, plants and plant products into Australia may involve an approach to two agencies – DAFF and DCCEEW.
Q8. Under what circumstances may an application for a licence be refused other than failure to meet the ordinary criteria? Are the reasons for any refusal given to the applicant? Have applicants a right of appeal in the event of refusal to issue a licence and, if so, to what bodies and under what procedures?
An application to DAFF or DCCEEW for an import permit may only be refused under the ordinary criteria for such applications. Reasons for refusal will be advised. There are legislated structures in place that allow applicants to request a review of a decision to refuse to grant an import permit.
For permit decisions under the EPBC Act, applicants may appeal on the merits of the decision to the Administrative Appeals Tribunal (AAT). Alternatively, an appeal may be made on the decision‑making process itself under the Administrative Decisions (Judicial Review) Act 1977.
Eligibility of Importers to Apply for Licence
Q9. Are all persons, firms and institutions eligible to apply for licences: (If not, is there a system of registration of persons or firms permitted to engage in importation? What persons or firms are eligible? Is there a registration fee? Is there a published list of authorized importers?) a) under restrictive licensing systems? b) under non-restrictive systems?
The Biosecurity Act provides DAFF with an option to apply a fit and proper person test to import permit applicants and their associates. The test supports the trust placed on importers who are granted import permits. Not all permit applicants will be subject to a fit and proper person test - this test will only be used at DAFF's discretion. It is important to note that applying for an import permit does not automatically result in an import permit being issued.
All Australian persons, firms and institutions are eligible to apply for permission to import.
Documentational and Other Requirements for Application for Licence
Q10. What information is required in applications? Submit a sample form. What documents is the importer required to supply with the application?
Applications for permission to import must be made electronically for all commodities through the Australian Government's Biosecurity Import Conditions (BICON) database. Conditions for imports into the Australian external territories of Norfolk Island, Christmas Island and the Cocos (Keeling) Islands are not contained in BICON. For information about all imports into these Australian external territories, please visit http://www.agriculture.gov.au/import/goods/external-territories.
Importers should consult the BICON database to determine if a commodity intended for import to Australia needs an import permit and/or treatment or if there are any other biosecurity prerequisites. Permits must be obtained prior to importation and are required on importation. Applications for permits may be lodged electronically via the BICON database (https://bicon.agriculture.gov.au/BiconWeb4.0). Other documentation required for imports is dependent on the type of commodity and the import conditions of the permit or as listed on the BICON database. For the import of CITES listed specimens, both CITES export and import permits are generally required upon importation. The import of live specimens may also require an import permit.
Where the importation of the item is listed under CITES, applications for permission to import must be made electronically to the Minister for the Environment and Water. The link to the application form can be found at: https://onlineservices.environment.gov.au/.
Q11. What documents are required upon actual importation?
Where the importation of the item comes under the jurisdiction of DAFF, an Australian import permit is required in most cases, however some exemptions do exist for specimens considered to be personal or household effects, or if they are pre-CITES and non-live. In most cases of CITES-listed specimens, CITES documentation from the country of export is required. Original documents must travel with the goods.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
Information on import permit fees and charges may be found at: https://www.agriculture.gov.au/biosecurity-trade/import/online-services/bicon/fees-import-permits and https://www.dcceew.gov.au/environment/wildlife-trade/permits/fees.
Q13. Is there any deposit or advance payment requirement associated with the issue of licences? If so, state the amount or rate, whether it is refundable, the period of retention and the purpose of the requirement.
There is no deposit or advance payment requirement associated with the issue of licences, although assessment fees apply for most DAFF and DCCEEW permit applications. An application (processing) and assessment fee for a DAFF and DCCEEW permit is charged automatically when a permit application is submitted online. Fees are only refundable if it is found at assessment that a permit was not required.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
The period of validity of a permit depends on the nature of the importation: specific details to be supplied on enquiry. Legislation will normally not allow for continuing permission. Individual assessments of permit applications will determine the appropriate validity period, which is generally one or two years for biosecurity permits, and some standard permits valid for five years. From time to time, a permit will be issued with a different validity, such as short-term importation of artefacts for a museum exhibition. CITES permits are valid for up to six months. The period of validity cannot be extended.
Q15. 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 permit or a portion of a permit.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Biosecurity import permits are not transferrable between importers. Permits issued under the EPBC Act may be transferred under very limited circumstances.
Q17. Are any other conditions attached to the issue of a licence? a) for products subject to quantitative restriction? b) for products not subject to quantitative restriction?
Biosecurity import permits often have specific conditions such as end-use restrictions placed on the goods (e.g., for human consumption only) and/or types of treatments the goods have to undergo prior to or after the goods arrive in Australia (e.g., product has been heat treated at 100 degrees Celsius for 30 minutes).
Conditions may be applied in respect of such issues as custody, end use, disposal or distribution of imported goods as well as pre-export treatment, testing, certification or on-arrival treatment or quarantine.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.