Tablet presses and encapsulators
- 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 tablet presses and encapsulators is prohibited under provisions of the Customs Act 1901 (Customs Act) and the Customs (Prohibited Imports) Regulations 1956 (PI Regulations) unless the permission of the Minister for Home Affairs, or an authorised person, has been obtained.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Tablet presses are defined as any equipment which can be used for the compaction or moulding of powdered or granular solids, or semi-solid material to produce coherent solid tablets. Encapsulators are defined as any equipment which can be used for the complete envelopment of powdered or granular solids, semi-solid material, liquids, or gases to produce coherent solid capsules.
Q3. The system applies to goods originating in and coming from which countries?
The equipment may be manual, semi-automatic or fully automatic and may be not complete, temporarily or permanently inoperable, or unfinished.
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. A permission can specify conditions or requirements including times for compliance and the number of tablet presses allowed to be imported. The Minister for Home Affairs or an authorised person has the power to revoke permission where the holder does not comply with a condition or requirement. The manufacture and distribution of amphetamine type stimulants is a serious problem in Australia and preventing the importation of tablet presses/encapsulators for use in illicit markets is an important way of reducing domestic production.
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 4G of the PI Regulations made under the Customs Act. 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)?
Application should be made in advance of arrival of the goods
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. The application process generally takes six to eight weeks. In some circumstances this process may take longer as the Department of Home Affairs relies on other law enforcement agencies to provide information to enable the authorised officer to make an informed decision on each application.
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?
Granting permission for the importation of tablet presses/encapsulators involves state and territory authorities and the Department of Home Affairs. Advice received from the relevant state or territory police force and the Australian Criminal Intelligence Commission (ACIC) plays a major role in the decision-making process. The Department of Home Affairs takes the responsibility to contact state and territory authorities as part of the decision-making process.
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?
Application for permission to import can be refused at the discretion of the relevant Delegate. Reasons for refusal are given to applicants. Applicants refused permission to import may appeal 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.
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 must be made in writing to the Minister for Home Affairs or an authorised person. The application should include supporting documentation to possess the goods and/or any relevant end user evidential documentation. The application form can be found at: https://www.abf.gov.au/form-listing/forms/b712.pdf.
Q11. What documents are required upon actual importation?
The original permission from the Minister for Home Affairs or authorised person is required upon 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.
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 permission is valid for 12 months from the date of signature. However, the Minister for Home Affairs may specify a time period for the validity of the permission.
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?
Conditions may be imposed on the permission and quantities are specified.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.