Anzac goods
- 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.
Importation into Australia of goods the description of which includes or bears the word ‘Anzac', or advertising matter relating to those goods, is controlled by the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) and is prohibited except with the written permission of the Minister for Veterans' Affairs (the Minister) or an authorised officer.
A person making an application to import 'Anzac' goods under the PI Regulations will also need to apply to use the word 'Anzac' under the Protection of Word 'Anzac' Regulations (Anzac Regulations).
The Department of Veterans' Affairs (DVA) issues the Use of the Word 'Anzac' Guidelines (the Guidelines) to help Australians comply with the legal restrictions on the use of the word 'Anzac'.
For more information about use of the word 'Anzac', visit Protecting the word Anzac, or contact: usewordanzac@dva.gov.au.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Licensing system maintained, and products covered include: the Anzac Regulations and the PI Regulations.
The purpose of Regulation 4V of the PI Regulations is to prohibit the importation of all goods into Australia that include or bear the word 'Anzac', unless: the person importing the goods is the holder of a written permit granted by the Minister or an authorised officer; and the permit is produced at or before the time of importation. The Minister or an authorised officer may specify conditions or requirements to be complied with by the holder of the permission or permit to import 'Anzac' goods, and may, for any such condition or requirement, specify a time period before the permission expires. The Minister or an authorised officer may revoke permission where the conditions of the permit are not met.
In certain circumstances, provided the goods obtain approval status, importers are able to obtain retrospective import approval after the goods have arrived in Australia. However, if the 'Anzac' goods in question do not receive ministerial approval they may be detained or seized by the Australian Border Force (ABF).
Q3. The system applies to goods originating in and coming from which countries?
The regulation applies 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 PI Regulations are not intended to restrict the quantity or value of imports. The PI Regulations, in conjunction with the Anzac Regulations, seek to protect the inappropriate use and commercial exploitation of the word 'Anzac' and to protect the significance of the word.
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 'Anzac' goods are statutory requirements and cannot be abolished without legislative approval. There are two regulations under which the word 'Anzac' is protected in Australia: Anzac Regulations and PI Regulations.
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)?
An application for the importation of 'Anzac' goods into Australia should be made well in advance of the arrival of the goods. Permit applications may take up to four weeks for the process to be completed and to be notified of an outcome. On rare occasions this may increase beyond four weeks, particularly around peak times leading up to Anzac Day or because of the checks made on the individual or company applying to import the 'Anzac' goods. Checks are also undertaken on the nature of the goods and their intended use.
The importation of 'Anzac' goods is prohibited without written approval from the Minister or an authorised officer. Goods that arrive into port without ministerial approval may be detained or seized by the ABF.
In addition to the PI Regulations, the Anzac Regulations prohibit the use of the word 'Anzac' or any word resembling the word 'Anzac' in connection with any trade, business, calling, or profession without the Minister or an authorised officer's written approval. Persons applying to import 'Anzac' goods may also require written consent to use the said 'Anzac' goods under the Anzac Regulations.
Q7.b. Can a licence be granted immediately on request?
A permit cannot be granted immediately on request as certain conditions must be fulfilled. Processing and assessing applications include extensive checks and the preparation of a brief for the Minister's consideration and decision.
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.
Applications can be made at any time 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?
The DVA issues permits for the importation of 'Anzac' goods in accordance with Regulation 4V of the PI Regulations, and Permission to Use Word 'Anzac' in accordance with the Anzac Regulations. When considering permit applications, other authorities may be contacted by the DVA to verify application details.
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 for a permit may be refused if: the Minister considers that approving the application would cause offence; use of the word 'Anzac' on the imported goods is inappropriate; the application does not fall within the intent of the ANZAC Regulations, e.g., the use of the word 'Anzac' on an inappropriate product; the applicant is not considered fit and proper; or further permission is required but has not been obtained. A permit may be revoked if the applicant fails to comply with the conditions of the permit.
An unsuccessful applicant is advised in writing of the Minister's decision and the reason for it. There are no appeal provisions under the Regulations; however, the Minister will consider a request for reconsideration if the applicant is able to provide new information in support of their application. In addition, 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?
Any person, firm or institution is eligible to apply to the Minister to import 'Anzac' goods.
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 should include, but are not restricted to:
• name of the applicant/importer (person and organisation);
• name and address of registered company/premises;
• nature of the business and purpose of the proposed 'Anzac' goods;
• a current copy of the company Australian Business Number (ABN) or Australian Company Number (ACN) registration;
• product description, full colour copy of item and text;
• letters of support from the ex-service community;
• proposed date of import;
• the duration permit is required; and
• where applicable, the name of the end user and the use of the end goods.
An application can be submitted using form D9363 Application for Approval to use the word 'Anzac' available on the DVA website. Every application is considered on its individual merits and if additional information is required the applicant will be contacted.
Q11. What documents are required upon actual importation?
The signed permit is required at the time of importation.
Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?
There is no licensing fee or administrative charge.
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.
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 the import permit is specified in the permit issued to the applicant and is based on the requirements of each application. Unless otherwise noted, an import permit is required for every delivery.
The period of an existing permit cannot be extended, but a new permit may be issued upon request to the Minister.
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 licence or a portion of a licence.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permits/licences are not transferable between importers.
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?
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.