Woolpacks
- 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 woolpacks is prohibited under regulation 4K of the Customs (Prohibited Imports) Regulations 1956 (PI Regulations), unless an original test certificate has been issued or permission has been granted.
To import woolpacks, an importer needs either:
- an original test certificate stating that the unused woolpack conforms to the Australian Wool Exchange Standard as described in the PI Regulations; or
- permission granted by the relevant Minister or an authorised person.
A valid test certificate or permission to import must be produced to the Australian Border Force (ABF) at the time of importation.
Regulation 4K(3) describes the relevant standard that woolpacks must conform to as the Australian Wool Exchange Standard No. 3, published on 1 July 2013.
There are currently five woolpack prescribed testing authorities, which were approved for the purposes of the regulation in 2014.
Purposes and Coverage of Licensing
Q2. Identify each licensing system maintained and state what products, appropriately grouped, are covered.
Unused woolpacks to be used for greasy wool require a test certificate issued by a prescribed testing authority, certifying that the woolpacks conform to Australian Wool Exchange (AWEX) standard No. 3.
Unused woolpacks to be used for purposes other than greasy wool, require an import permission from the Minister for Agriculture, Fisheries and Forestry or an authorised person. Import conditions (conditions of use) may be applied to these woolpacks.
Second-hand woolpacks require an import permission from the relevant Minister or an authorised person. The importation of second-hand woolpacks for use as containers of greasy wool is not permitted. Conditions of use (see 17) may be applied to second-hand woolpacks.
Q3. The system applies to goods originating in and coming from which countries?
The regulations apply to the importation of woolpacks 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 woolpacks is regulated to ensure adequate pack strength and to minimise fibre contamination of the Australian wool clip. Regulation 4K of the PI Regulations is not intended to restrict the quantity or volume of woolpack 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 woolpacks is a statutory requirement under Regulation 4K of the PI Regulations, made under the *Customs Act 1901 (Customs Act).
The designation of products to be subjected to licensing under this framework does not allow administrative discretion: woolpacks are a prohibited good that cannot be imported without permission.
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)?
Applications should be made in advance of arrival of the goods. This does not preclude import permission being sought for goods which have inadvertently arrived at a point of entry.
Q7.b. Can a licence be granted immediately on request?
Permits may be issued promptly if a genuine requirement exists.
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?
Importers only need to approach the Department of Agriculture, Fisheries and Forestry (DAFF) to seek consideration of their application to import woolpacks. DAFF and the Minister for Agriculture, Fisheries and Forestry are the only entities that consider applications for permission to import woolpacks.
Where relevant (i.e., for unused woolpacks intended to store greasy wool), importers may separately need to seek an original test certificate from an Australian or international prescribed testing authority, to certify that the woolpacks conform to Australian Wool Exchange (AWEX) standard No. 3.
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 Minister for Agriculture, Fisheries and Forestry or an authorised person, if the ordinary criteria are not met. There is no right of appeal against the Minister's (or authorised person's) decision. However, 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?
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 woolpacks should be made in writing to DAFF. The application should include the following information:
- manufacturer;
- product name;
- number/pieces;
- use;
- AWEX certificate;
- importer name and details;
- vessel;
- place of loading;
- bill of lading number;
- place of arrival; and
- date of arrival.
Q11. What documents are required upon actual importation?
Proof of authorisation or a Test Certificate is required on importation. A valid test certificate or permission to import must be produced to the ABF 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. DAFF does not impose a licensing fee or administrative charge for considering applications for permission to import woolpacks.
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.
Not applicable. DAFF does not impose a licensing fee or administrative charge for considering applications for permission to import woolpacks.
Conditions of Licensing
Q14. What is the period of validity of a licence? Can the validity of a licence be extended? How?
Permission to import woolpacks is considered and granted per consignment.
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. The Customs Act (see s50(4)) imposes a penalty of 100 penalty units where a person's conduct contravenes the conditions or requirements of a permit issued to them. This is considered an offence against the Act and is subject to the Criminal Code Act 1995.
Q16. Are licences transferable between importers? If so, are any limitations or conditions attached to such transfer?
Permission to import woolpacks is 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, disposal or destruction of the imported woolpacks for the purpose of ensuring that they are not used otherwise than for the purpose for which the permission is granted.
Other Procedural Requirements
Q18. Are there any other administrative procedures, apart from import licensing and similar administrative procedures, required prior to importation?
No.