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.

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.

These systems apply to the importation of goods from all countries.

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.

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.

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.

In the case of most importations in this category it will not be possible for permission to be issued immediately on request.

Permits may be issued at any period of the year.

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.

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.

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.

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/.

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.

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.

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.

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.

There is no penalty for the non-utilisation of a permit or a portion of a permit.

Biosecurity import permits are not transferrable between importers. Permits issued under the EPBC Act may be transferred under very limited circumstances.

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.

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