Flags, arms and seals
- 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 importation of goods with a representation of the arms, seal or flag of the Commonwealth or a state or territory or the Royal Arms is prohibited under provisions of the Customs Act 1901 (Customs Act) and the Customs (Prohibited Imports) Regulations 1956 (PI Regulations).
For goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of the Commonwealth as to be likely to deceive, specified conditions must be complied with. The goods must not be imported unless the design has been approved in writing by the Secretary to the Department of the Prime Minister and Cabinet or an authorised person; and if the collector asks the importer to produce the approval, the importer produces it.
For goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of a state or territory of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of a state or territory of the Commonwealth as to be likely to deceive; or a representation of the Royal Arms or a representation so nearly resembling the Royal Arms as to be likely to deceive. The goods must not be imported unless the design has been approved in writing from the Department of Premier and Cabinet or the Chief Minister's Department of the relevant state or territory; and if the collector asks the importer to produce the approval, the importer produces it.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
The goods covered are:
- goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of the Commonwealth as to be likely to deceive;
- goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of a state or territory of the Commonwealth or a representation so nearly resembling the Arms, a flag or a seal of a state or territory of the Commonwealth as to be likely to deceive; and
- goods to which, or to the coverings of which, there is applied a representation of the Royal Arms or a representation so nearly resembling the Royal Arms as to be likely to deceive.
Q3. The system applies to goods originating in and coming from which countries?
The system applies to the importation of goods originating 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 importation of goods bearing the arms or having applied to them a representation of a flag or seal of the Commonwealth or a state or territory was introduced to act as a quality control measure to ensure that representations are realistic, of good quality, preserve the dignity and integrity of national symbols and do not breach other legislation.
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 control on the specified goods is a statutory requirement under Regulation 4, Schedule 2 (Royal Arms) and Schedule 3 (state and territory flags, arms and seals; and the Royal Arms) and Schedule 3 (Commonwealth flags, arms and seals) of the PI Regulations made under the Customs Act 1901. The control cannot be abolished 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 in advance of the importation of the goods and it is recommended that the design be approved prior to the mass production of goods.
Q7.b. Can a licence be granted immediately on request?
Permissions cannot be granted 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 throughout 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?
Designs must be approved by the Department of Prime Minister and Cabinet or the Department of Premier and Cabinet or the Chief Minister's Department of the relevant state/territory.
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?
Apart from statutory or ordinary requirements, the only other criteria for refusal is if the design has not been approved by the relevant authority. Reasons for refusal are given to applicants. Applicants refused permission to import may appeal on the decision-making process 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?
All 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 goods having a representation of the arms, a flag or a seal of the Commonwealth should include:
- a full description of the goods;
- quantities of the goods;
- name, company details and postal address of the importer; and
- colour image of the goods.
For more information and to apply for approval for the use of representations of the Arms, a flag or a seal of the Commonwealth, enquires should be directed to the Commonwealth Flag Officer by email to: nationalsymbols@pmc.gov.au
Or, in writing to:
Honours and Symbols Section, Department of the Prime Minister and Cabinet, PO Box 6500, CANBERRA ACT 2600, Phone: +61 2 6271 5601
Q11. What documents are required upon actual importation?
In the case of goods bearing a representation of the arms, a flag or a seal of the Commonwealth if the collector asks the importer to produce the approval issued by Secretary to the Department of the Prime Minister and Cabinet approval, the importer must produce it.
In the case of goods bearing a representation of the arms, a flag or a seal of a state or territory of the Commonwealth or a representation of the Royal Arms, if the collector asks the importer to produce the approval issued by the Department of Premier and Cabinet or the Chief Minister's Department of the relevant state/territory, the importer must produce it.
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?
Import permissions are not subject to a validity period. In the case of goods bearing a representation of the arms, a flag or a seal of the Commonwealth, the design approval provided by the Department of the Prime Minister and Cabinet covers multiple consignments for a period of 12 months. At the expiration of the 12-month period, a new approval will need to be sought.
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 permission or a portion of a permission.
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?
For goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of a state or territory of the Commonwealth, only the approval of the design by the Department of Premier and Cabinet or the Chief Minister's Department of the relevant state/territory is required to import the goods. An importer must produce a copy of the approval to the collector, if requested.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
For goods to which, or to the coverings of which, there is applied a representation of the arms, a flag or a seal of the Commonwealth only the approval of the design by the Department of Prime Minister and Cabinet is required to import the goods. Importers must produce a copy of the approval to the collector if requested.