World Trade Organization

Import Licensing Procedures

Plastic explosives

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 plastic explosives is generally prohibited under provisions of the *Customs Act 1901 (Customs Act), the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) and the Criminal Code Act 1995 (Cth) (Criminal Code). Importation is lawful if the responsible Minister (the Australian Federal Police (AFP) Minister or the Minister for Defence) has issued a permit under the PI Regulations and, if applicable, an authorisation is provided under the provisions of the Criminal Code. The Criminal Code regime fulfils part of Australia's obligation under the United Nations Convention on the Marking of Plastic Explosives for the Purpose of Detection (Montreal, 1991) (the Convention).

Purposes and Coverage of Licensing

Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.

The goods covered are plastic explosives. Different requirements apply depending on whether plastic explosives are "marked" with a chemical marker specified in the Criminal Code.

Q3. The system applies to goods originating in and coming from which countries?

The Department of Home Affairs and state and territory import licensing and permissions systems apply to importers of plastic explosives from all countries, regardless of whether the explosives are marked. The Criminal Code requirements apply to both imported and domestically produced explosive products from all countries. That Authorisation scheme applies to importers of plastic explosives that are not marked.

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 volume of imports. There are no restrictions in relation to the quantity or value of imports of unmarked plastic explosives under the Criminal Code regime. However, in exercising power to grant an authorisation, the responsible Minister may have regard to whether the import of unmarked plastic explosives is reasonable.

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 of plastic explosives is a statutory requirement under Regulation 4AA of the PI Regulations made under the Customs Act. The control cannot be abolished without legislative approval. The provisions requiring Authorisation to be obtained for certain dealings with unmarked plastic explosives under the Criminal Code cannot be abolished without legislative approval.

Links to the relevant Acts and Regulations are as follows:

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):

N/A

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?

N/A

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?

N/A

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.)

N/A

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?

N/A

Q6.V. What are the minimum and maximum lengths of time for processing applications?

N/A

Q6.VI. How much time remains, at a minimum, between the granting of licences and the date of opening of the period of importation?

N/A

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?

N/A

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?

N/A

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?

N/A

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?

N/A

Q6.XI. Are there products for which licences are issued on condition that goods should be exported and not sold in the domestic market?

N/A

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)?

No specific timeframe. However, it is recommended that the application forms are completed and submitted at least six weeks before the goods' expected arrival in Australia.

In addition, the importer must provide the state or territory Permit or Licence to import plastic explosives on the Application for Permission to import plastic explosives form and on the Manufacturers Certificate, relevant to the Home Affairs and Criminal Code regimes respectively. In the case of unmarked plastic explosives, an Application for Authorisation to import unmarked plastic explosives should be lodged with the Department of Home Affairs before seeking permission to import.

Q7.b. Can a licence be granted immediately on request?

A permit to import would not normally be granted immediately as some conditions must be fulfilled. Checking of applicants' suitability to hold a permit generally takes some time and therefore permits cannot generally be issued immediately upon request.

An Application for an Authorisation under the Criminal Code regime must be submitted to the Department of Home Affairs for consideration and, if the Application is approved, an instrument of authorisation is executed and provided to the applicant. The process may take approximately two to three weeks.

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.

No.

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?

Granting permission for the importation of plastic explosives involves state and territory licensing authorities, and the Department of Home Affairs. Authorisations and Permissions to import unmarked plastic explosives and Permissions to import marked plastic explosives are granted by the responsible Minister or an authorised officer.

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?

Unless otherwise stated, the regulations allow the responsible Minister to consider whatever he or she believes necessary in forming a view as to whether or not to grant a permit. An import permit issued by the responsible Minister, or an authorised person may be revoked if the permit holder engages in conduct that contravenes a condition or requirement of the permission.

An authorisation to import unmarked plastic explosives may be refused by the responsible Minister if he or she considers that the proposed importation is unreasonable and/or considers that the authorisation ought not be granted having regard to such matters as he or she considers relevant. An application may be made to the Administrative Appeals Tribunal for review of the Minister's decision to refuse to grant an Authorisation or the Minister's decision to specify a condition or restriction in an Authorisation made under section 72.18(1) (authorisation for research), section 72.20(1) (authorisation for use of existing stocks) or section 72.21(2) (authorisation for manufacturers).

The responsible Minister or his or her authorised officer would be required to give reasons for refusing to grant an Authorisation. If the responsible Minister's decision is affected by jurisdictional error or error of law, it is susceptible to judicial review 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 may apply for a Permit. A Permit shall not be granted unless the applicant is a fit and proper person to be granted a Permit to import plastic explosives. Individuals, institutions, or corporations are eligible to apply for an Authorisation to import unmarked plastic explosives.

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?

In order to import unmarked plastic explosives importers will need to complete:

  • an application for authorisation to either manufacture, possess, traffic in, import or export unmarked plastic explosives;
  • an application for permission to import unmarked plastic explosives; and
  • a manufacturer's

In order to import marked plastic explosives importers will need to complete:

  • an application for permission to import marked plastic explosives; and
  • a manufacturer's

A state or territory licence or permit must be obtained before the responsible Minister can authorise the importation of plastic explosives and before the plastic explosives arrive in Australia. If the permission to import plastic explosives (and authorisation if the plastic explosives are unmarked) is obtained from the responsible Minister, a permit number will be issued. This permit number must be presented to the Department of Home Affairs at the time of lodging an import declaration.

Further information, including relevant documents required to lodge an application for permission to import, is available at https://www.abf.gov.au/importing-exporting-and-manufacturing/prohibited-goods/list-of-items.

Q11. What documents are required upon actual importation?

A state or territory import licence or permit is required on actual importation of marked or unmarked plastic explosives. In addition to the state or territory licence or permit, additional documentation must be completed as specified in response to question (10) above.

Q12. Is there any licensing fee or administrative charge? If so, what is the amount of the fee or charge?

A state or territory import licence or permit is required on actual importation of marked or unmarked plastic explosives. In addition to the state or territory licence or permit, additional documentation must be completed as specified in response to question (10) above.

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.

No deposit or advance payment is required. No deposit or advance payment is associated with the issue of permissions or authorisations by the Minister.

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 for the authorisation depends on the section under which the authorisation is granted and is specific to the application. An authorisation under Section 72.18 (Authorisation for research etc.) is a point in time authorisation of an application to import, export, manufacture or possess unmarked plastic explosives. Authorisations under 72.19 (Defence or Police purposes) ceased to have effect on 26 August 2022 and are no longer valid. Authorisations under 72.22 (overseas defence purposes) and 72.23 (overseas Australian Federal Police purposes) have 7 day limits.

Q15. Is there any penalty for the non-utilization of a licence or a portion of a licence?

There is no penalty for non-utilisation of a permit. However, if a permit holder has not used the permit during the year and applies for a renewal, the applicant may need to justify retention of the permit. There is no penalty for non-utilisation of an authorisation issued by the Minister.

Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?

Permits and authorisations issued by the Department of Home Affairs are not transferable and apply only to those applicants to whom the authorisation was initially granted.

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?

The importation of unmarked plastic explosives (which are not subject to quantitative restriction) may be subject to such conditions and restrictions as the responsible Minister may specify in the authorisation. Such conditions may include a requirement that future stocks of unmarked plastic explosives be purchased only from a specified source and/or that the applicant inform the Department of Home Affairs of any additional consignments of unmarked plastic explosives acquired following the grant of an Authorisation.

Other Procedural Requirements

Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?

No

Q19. Is foreign exchange automatically provided by the banking authorities for goods to be imported? Is a licence required as a condition to obtaining foreign exchange? Is foreign exchange always available to cover licences issued? What formalities must be fulfilled for obtaining the foreign exchange?

N/A