Objectionable 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.
Import controls exist on publications and goods that have been "Refused Classification" by the Classification Board or if unclassified, would likely be refused classification if submitted for classification from entering Australia. Material which is prohibited under Regulation 4A, Importation of Objectionable Goods, of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) may not be imported unless written approval has been granted from the Minister administering Part 2 of the Classification (Publications, Films and Computer Games) Act 1995 (the responsible Minister) or by an authorised person; or the goods are being imported by an Australian police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution).
Under sub-regulation 4A(2A) of the PI Regulations, the responsible Minister has appointed the Director and Deputy Director of the Classification Board as authorised persons to grant permissions to import.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Objectionable goods include: computer games; computer generated images; films; interactive games; publications and any other goods that describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be imported.
The goods may also be considered objectionable if the goods describe or depict in a way that is likely to cause offence to a reasonable adult, a person who is, or who appears to be, a child under 18 (whether the person is engaged in sexual activity or not) . The goods may also be considered objectionable if they promote, incite or instruct in matters of crime or violence, or promote or incite the misuse of a drug specified in Schedule 4 of the PI Regulations. The goods may be considered objectionable if they advocate the doing of a terrorist act. Without limiting the above, computer games classified RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995 are also considered objectionable goods.
Q3. The system applies to goods originating in and coming from which countries?
The regulations 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 importation of these goods is regulated as a community protection measure. Goods included are considered to be detrimental to the well-being of the community. The PI Regulations are not intended to restrict the quantity or value of imports.
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 importation of the specified goods is a statutory requirement under Regulation 4A of the PI Regulations made under the Customs Act 1901 (Customs Act). The system 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)?
Requests for permission to import should be made in advance of arrival of the goods. Requests to the Director or Deputy Director of the Classification Board generally take up to 20 working days to process assuming the person requesting the permission has provided sufficient information to allow a decision to be made. Requests may be made if goods land and are seized by the Australian Border Force. This may happen when a person inadvertently fails to apply in advance or does not realise the goods would be prohibited. The same processing time applies, and the Australian Border Force will delay destruction of the goods once they are notified a request for permission has been made. If the permission to import is refused or granted subject to conditions the person will be notified of the decision in writing.
Q7.b. Can a licence be granted immediately on request?
No.
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?
A request for permission to import can be refused, or granted subject to conditions, on the discretion of the responsible Minister, or a person authorised by the responsible Minister. The Australian Border Force is responsible for determining whether goods are 'objectionable' at the border and may apply for classification if the good is a publication, film or computer game as defined in the Classification (Publications, Films and Computer Games) Act 1995.
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?
Where an application is refused, or granted subject to conditions, application for review of this decision may be made to the Administrative Appeals Tribunal (AAT), and except where subsection 28(4) of the Administrative Appeals Tribunal Act 1975 applies, the applicant may request a statement of reasons for the decision. The responsible Minister may certify in writing that in the public interest the responsibility for permission or refusal should remain solely with the responsible Minister and should not be reviewable by the AAT. The certificate must include a statement of the grounds on which the certificate was issued.
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?
For permission to import, applications must be made in writing to the responsible Minister or an authorised person (the Director, or Deputy Director of the Classification Board). The application should include the following information:
- importer's name and address;
- details of the goods to be imported;
- quantity and distribution (end use);
- the purposes for which the goods are to be imported;
- explanation and evidence of the extent to which the person to whom permission would be granted conducts activities of an artistic, educational, cultural or scientific nature to which the goods relate;
- evidence of the reputation of the person both in general and in relation to the activities described above;
- explanation of the person's ability to meet any conditions that may be imposed in relation to the goods under sub-regulation 3 (i.e., custody, use, reproduction, disposal, destructions, exportation or accounting for the goods); and
- any other relevant matters.
Applications can be sent to applications@classification.gov.au. We recommend you contact us before applying.
Q11. What documents are required upon actual importation?
Proof of authorisation is required on 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?
Permits apply to one consignment only.
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?
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?
Conditions may be applied regarding the custody, use, reproduction, disposal, destruction or exportation of the imported goods or with respect to accounting for the goods for the purpose of ensuring that the goods are not used otherwise than for the purposes for which permission was granted.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.