111026 Volume 12version5.2 - abf.gov.au · 9 Section 2 – Legislation Overview of Customs and Border Protection Export Requirements Part VI of the Customs Act 1901 (the Act) provides

V O L U M E 1 2

Expor t Cont ro l

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Division 1 Customs and Border Protection Role - Exportation of Goods .............. 7

Section 1 – Introduction .............................................................................................. 8

Section 2 – Legislation ................................................................................................ 9 Overview of Customs and Border Protection Export Requirements .................. 9 Summary of Key Export Legislation .................................................................. 9

Section 3 – Release of Information ........................................................................... 14 Requests for Information ................................................................................ 14 Requests for Information from Australian Government Departments and Agencies ........................................................................................................ 15 Requests for Information from Foreign Government Departments and Agencies ....................................................................................................................... 15 Requests for Information from Private Companies and Individuals ................. 15 Record Keeping ............................................................................................. 16

Section 4 – Audits ..................................................................................................... 17 Purpose of Export Audits ................................................................................ 17 Customs and Border Protection Export Control Infrastructure ........................ 17

Section 5 – Integrated Cargo System (ICS) .............................................................. 18 What is ICS? .................................................................................................. 18

Division 2 Customs and Border Protection Export Declaration Requirements ... 19

Section 1 – Meaning of Exportation .......................................................................... 20 Meaning of Exportation .................................................................................. 20

Section 2 – Export Declarations ................................................................................ 21 What is an Export Declaration? ...................................................................... 21 What Information is in an Export Declaration? ................................................ 22 What is a Consignment? ................................................................................ 22 Assembly Services ......................................................................................... 23 What is an EDN? ............................................................................................ 24 How is the EDN used? ................................................................................... 24 How is an Export Declaration Lodged? .......................................................... 24 Export Declaration Status ............................................................................... 25 Amending Export Declarations ....................................................................... 26 Confirming Exporter Status ............................................................................ 27 Withdrawing Export Declarations ................................................................... 28 What is an 'IDLE' CAN? ................................................................................. 28 Goods Exempt from Export Declaration Requirements .................................. 30 Contingency Arrangements for Provisional Clearance ................................... 33

Section 3 – The Australian Harmonized Export Commodity Classification ................ 35 Classifying Goods to the AHECC ................................................................... 35 Permits ........................................................................................................... 36 Assay ............................................................................................................. 37 Temporary Import Number ............................................................................. 37 Companion AHECC codes ............................................................................. 37 Use of AHECC Chapter 98 – Goods not Classified to Kind ............................ 37 Mixed Goods .................................................................................................. 37 Goods Re-exported from Australia after Industrial Processing ....................... 38 Use of AHECC Chapter 99 – Goods not in Merchandise Trade ..................... 38

Section 4 – Completing an Export Declaration .......................................................... 39 Export Declaration Lodgement ....................................................................... 39

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Client Registration .......................................................................................... 39 Instructions for Completing a Form B957 “Documentary Export Declaration” . 39

Section 5 – Reporting and Movement of Cargo ........................................................ 47 What is a Main Manifest? ............................................................................... 47 When is a Main Manifest used? ..................................................................... 47 Nil Manifest Reporting .................................................................................... 47 What is a Main Manifest Number (MMN)? ...................................................... 48 How is the Main Manifest used? ..................................................................... 48 Sub-manifests ................................................................................................ 49 When is a Sub-manifest used? ....................................................................... 49 What is a Consolidation Reference Number (CRN)? ...................................... 50 Transhipment Cargo ...................................................................................... 51 Goods In-transit.............................................................................................. 53 What is a section 79 Warehouse? .................................................................. 54 Warehouse Release and Return .................................................................... 54 What is a section 77G Depot? ........................................................................ 55 Depot Release ............................................................................................... 55 Consolidations containing Prescribed Warehouse Goods .............................. 56 Prescribed Warehouse Goods for Export ....................................................... 56 Underbond Goods .......................................................................................... 58 CTO Reporting ............................................................................................... 58 Cargo Movement Status ................................................................................. 60 Document and Notice Status .......................................................................... 62 Departure Reports and Main Manifests .......................................................... 63 Certificate of Clearance .................................................................................. 63

Section 6 – Temporary Import-Export Reporting and Acquittal ................................. 64 Exportation of Goods Imported Temporarily ................................................... 64 Temporary Exportation of Goods ................................................................... 66

Section 7 – Requirements for the Archiving of Documents ....................................... 69

Division 3 Other Customs and Border Protection Requirements ........................ 70

Section 1 – The Movement of Cargo ........................................................................ 71 International Voyages and Flights .................................................................. 71 International Cargo on Domestic Legs of International Voyages or Flights ..... 71 Domestic Cargo Carried Between Australian Ports via an Overseas Port ...... 71 Domestic Cargo carried on International Ships .............................................. 72 Goods Lost En Route ..................................................................................... 73 Transferring Goods from a Supply Ship to an International Ship in Australian Waters ........................................................................................................... 74

Section 2 – Types of Goods Exported ...................................................................... 76 Sale of Computer Software over the Internet .................................................. 76 Export of Currency ......................................................................................... 76 Export of Small Craft ...................................................................................... 77 Permanent Exportation of Ships or Aircraft ..................................................... 78 Motor Vehicles Exported as Personal Effects ................................................. 78 Fodder ........................................................................................................... 79 Export of Disaster Relief Goods by Australian Government ........................... 79 Export of Goods owned by Charitable Organisations ..................................... 79

Section 3 – Revenue Issues ..................................................................................... 80 Export Duty .................................................................................................... 80 Goods and Services Tax (GST) and Exported Goods .................................... 80

Section 4 – Other Issues .......................................................................................... 82

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Military Flights ................................................................................................ 82 Courier Documents ........................................................................................ 83 Code Sharing of Aircraft ................................................................................. 84

Division 4 Export Prohibitions, Restrictions and Permissions ............................ 86

Section 1 – Prohibitions and Restrictions .................................................................. 87

Section 2 – Applications for Approval to Export Prohibited Goods ............................ 91 Export Permits Issued by Australian Government Departments and Agencies ....................................................................................................................... 91

Section 3 – Attorney-General’s Department .............................................................. 92 Objectionable Goods ...................................................................................... 92

Section 4 – Department of Agriculture, Fisheries and Forestry ................................. 93 Issue of Permits and Licences under the Export Control Act 1982 ................ 96 Australian Quarantine and Inspection Service ................................................ 96 Export Control Act 1982 Prescribed Goods – DAFF Exceptions/Exemptions . 96 AQIS Export Permits ...................................................................................... 98 AQIS Electronic Reporting - the EXDOC System ........................................... 99 Live Animals and Animal Reproductive Material ............................................. 99 Sheep and Sheep Breeding Material ............................................................ 100 Meat and Meat Products .............................................................................. 100 Organic Produce .......................................................................................... 102 Unprocessed Wood ...................................................................................... 103 Agricultural and Veterinary Chemicals .......................................................... 104

Section 5 – Department of Resources, Energy and Tourism................................... 106 Uranium and Other Nuclear Goods .............................................................. 106 Rough Diamonds ......................................................................................... 107

Section 6 – Department of Health and Ageing ........................................................ 109 Export Authorisations for Regulation 8 - Schedule 6 Blood and Related Materials ...................................................................................................... 109 Human Remains .......................................................................................... 110 Export Authorisations for Regulation 10 and 10A - Schedule 8 Drugs .......... 111 Descriptions of Drugs ................................................................................... 113 Schedule 8 Drugs Exempt from Permit Requirements.................................. 114 Narcotic Drugs Passing Through Australia ................................................... 114 Export of Pharmaceuticals: Commercial Supply ........................................... 115 Export of Pharmaceuticals: Drug Donations ................................................. 116 Australian Guidelines for Drug Donations to Developing Countries .............. 117

Section 7 – Medicare Australia ............................................................................... 122 Export Controls on PBS subsidised substances ........................................... 122

Section 8 – Department of Defence ........................................................................ 124 Exporting Firearms ....................................................................................... 125 Restricted Goods Permit (RGP) ................................................................... 125 Defence Export Permission (DEP) ............................................................... 126 Re-importation of Exported Firearms ............................................................ 126 Third Country Clearances for the Import and Re-Export of Strategic Goods . 127 US Re-Export Controls on Technology ......................................................... 127

Section 9 – Department of Foreign Affairs and Trade ............................................. 129

Section 10 – Department of Sustainability, Environment, Water, Population and Communities .......................................................................................................... 131

Export of Ozone Depleting Substances ........................................................ 131

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Export of Hazardous Waste ......................................................................... 132 Export of Wildlife and Wildlife Products Subject to Export Controls .............. 137 Movable Cultural Heritage Objects ............................................................... 142 The National Cultural Heritage Control List .................................................. 143 Customs and Border Protection Role in Protecting Movable Cultural Heritage ..................................................................................................................... 147

Section 11 – Department of Education, Employment and Workplace Relations ...... 149 Asbestos ...................................................................................................... 149

Section 12 – Australian Transaction Reports and Analysis Centre .......................... 151

Section 13 – Wine Australia Corporation ................................................................ 154

Section 14 – Wheat Exports Australia ..................................................................... 155

Section 15 – Australian Federal Police ................................................................... 156 Counterfeit Credit Cards ............................................................................... 156 Export of Wildlife and Wildlife Products ........................................................ 156 Officers of the AFP are delegated to act as inspectors under Section 397(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999. In relation to members of other State and Territory Police Forces, by virtue of section 398 of the Act, the Minister has to enter into an arrangement with the appropriate State or Territory Minister to authorise members of the State or Territory Police Forces to be inspectors. ...................................................... 156 Export of Movable Cultural Heritage ............................................................. 157

Division 5 Australian Bureau of Statistics ........................................................... 158

Section 1 – Trade Statistics .................................................................................... 159

Section 2 – Australian Harmonized Export Commodity Classification ..................... 160 Classification Advisory Service ..................................................................... 160 Changes to the AHECC ............................................................................... 160

Section 3 – Common Reporting Errors ................................................................... 162

Division 6 Certificates of Australian Origin .......................................................... 163

Section 1 – What is a Certificate of Origin? ............................................................. 164 Declaration of Origin .................................................................................... 164 Evidence of Origin ........................................................................................ 164

Division 7 Trade Descriptions ............................................................................... 165

Section 1 – Trade Descriptions of Goods for Export ............................................... 166 Trade Description ......................................................................................... 166 False Trade Description ............................................................................... 167 Customs and Border Protection Powers of Examination under the Commerce (Trade Descriptions) Act 1905 ...................................................................... 167

Appendices .............................................................................................................. 168 Appendix 1 Abbreviations Used in this Manual ............................................ 169 Appendix 2 Legislation Referred to in this Manual ....................................... 172 Appendix 3 Country Codes ......................................................................... 174 Appendix 4 FOB Currency Codes ............................................................... 182 Appendix 6 Exempt Goods Codes............................................................... 187 Appendix 7 Software Providers and Developers ......................................... 189 Appendix 8 Goods Subject to Export Prohibition or Restriction ................... 190 Appendix 10 Temporary Exports ................................................................. 239 Appendix 11 Customs and Border Protection Counters Around Australia.... 242 Appendix 12 Customs and Border Protection Contacts ............................... 244

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Appendix 13 Other Government Export Contacts ........................................ 246 Appendix 14 Permit Issuing Agency Contacts ............................................. 248

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Division 1 Customs and Border Protection Role - Exportation of Goods

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Section 1 – Introduction

The role of Australian Customs and Border Protection Service (Customs and Border Protection) in the exportation of goods is to:

• ensure that all goods being exported from Australia are reported as required; • administer controls on behalf of permit issuing agencies on the export of

restricted or prohibited goods; and • gather information regarding the nature and volume of exports to assist

government and industry in policy and decision-making. The export of goods from Australia is controlled by laws and Government policies to:

• prohibit the export of certain goods either absolutely or conditionally; and • adequately record Australia's international trade.

Total prohibition applies to the export of protected wildlife, some heritage items, selected weapons and other dangerous goods. Goods that are conditionally prohibited from export may not be exported unless all necessary export permits are obtained from the relevant permit issuing agency. Unless specifically exempt, goods may not be loaded on a ship or aircraft for export unless they have been entered for export in the Customs and Border Protection Integrated Cargo System (ICS) and Customs has given approval to export (an 'authority to deal' or ATD). Most applications for Export Declarations are submitted electronically in the ICS. There are some instances, however, where they are lodged manually by a client using a documentary declaration form, and then entered into the ICS by Customs and Border Protection.

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Section 2 – Legislation

Overview of Customs and Border Protection Export Requirements Part VI of the Customs Act 1901 (the Act) provides the legislative basis for Customs control over the exportation of goods. The exportation of goods may be prohibited absolutely, prohibited in specified circumstances, prohibited to specified places, or prohibited unless prescribed conditions are complied with. Goods must be reported to Customs and Border Protection before being taken on board the ship or aircraft on which they are to be exported.

Summary of Key Export Legislation

CUSTOMS ACT 1901

Customs control

S30 Customs control of goods

S31 Goods on ships and aircraft subject to Customs control

S33 Persons not to move goods subject to the control of Customs

Exportation of Prohibited Goods

S112 Prohibited exports

Directions in relation to export goods

S112C Collector may give directions in relation to goods for export and goods no longer for export that are subject to Customs control

Declaration of goods for export

S113 Entry of goods for export

S114 Making an Export Declaration

S114A An officer may seek additional information

Confirming exporters

S114B Confirming exporters

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CUSTOMS ACT 1901

Authority to deal and dealing with the goods

S114C Authority to deal with goods entered for export

S114CA Suspension of an authority to deal with goods entered for export in order to verify particulars of the goods

S114D Goods to be dealt with in accordance with export entry

S115 Goods not to be taken on board without authority to deal

S116 What happens when goods entered for export by an Export Declaration are not dealt with in accordance with the export entry

Security

S117 Security

Export Cargo reporting and Certificate of Clearance

S117AA Consolidation of certain goods for export can only occur at a prescribed place

S118 Certificate of Clearance

S119 Communication of outward manifest to Customs

Withdrawal, amendment, and notification of Export Declarations Numbers (EDN), sub-manifests and manifests

S119A Withdrawal of entries, sub-manifests and manifests

S119AA Application for permission to move, alter or interfere with goods for export

S119AB Application for permission to move, alter or interfere with goods that are no longer for export

S119B Effect of withdrawal

S119C Change of electronic entries and change of sub-manifests and manifests treated as withdrawals

S119D Notification of export entries, sub-manifests, manifests and withdrawals

Shipment of goods

S120 Shipment of goods

Time of Clearance

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S122 Time of clearance

Landing of goods after clearance has been given

S125 Goods exported to be landed at proper destination

S126 Certificate of landing

Communication to Customs when information system is temporarily inoperative

S126E Communication to Customs when information system is temporarily inoperative

Declarations not required for ship's or aircraft's stores

S130 Ship’s and aircraft’s stores exempt from duty

Unlawful exportation

S233 Smuggling and unlawful importation and exportation

S233A Master not to use or allow use of ship for smuggling etc. – goods that are not narcotic goods

Customs offences

S234 Customs offences

Retention of commercial documents

S240 Commercial documents to be kept

Strict Liability Offences

S243U False or misleading statements not resulting in loss of duty

CUSTOMS REGULATIONS 1926

Prescribed Customs places

Regulation 23 Prescribed place for the reception or manufacture of goods for export

Prescribed goods not exempted from Export Declaration

Regulation 97 Entry of goods for export

Giving Export Declaration advice under s114C of the Act

Regulation 98 Export entry advices under section 114C of the Act

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Documentary communication and withdrawal of export entries.

Regulation 99 Documentary communication and withdrawal of export entries

Shipment of goods

Regulation 100 Shipment of goods

Ship’s and Aircraft’s Stores

Regulation 106 Ship’s stores

Regulation 107 Aircraft’s stores

CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958

DESCRIPTION OF CONTROL DEPARTMENT RESPONSIBLE FOR POLICY AND EXPORT PERMISSION

Regulation 3 Objectionable goods Office of Film and Literature Classification

Regulation 4 Asbestos (Schedule 1)

Department of Education, Employment and Workplace Relations

Regulation 4A Chemicals (Schedule 2)

Department of Agriculture, Fisheries and Forestry

Regulation 5 Primary Produce (Schedule 3)


Regulation 6 Toothfish (Schedule 4)


Regulation 8 Human Substances (Schedule 6)

Department of Health and Ageing

Regulation 9 Nuclear Material (Schedule 7)

Department of Resources, Energy and Tourism

Regulation 9AAA Exportation of Bulk Wheat Wheat Export Australia

Regulation 9AA Rough Diamonds Department of Resources, Energy and Tourism

Regulation 9AB Cat and Dog Fur Australian Customs and Border Protection

Regulation 9AC Security Sensitive Ammonium Nitrate

Relevant State or Territory Legislation, (refer to the Manager, Weapons and Strategic Goods, Cargo Branch, Canberra)

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Regulation 9AD High Activity Radioactive Sources (Schedule 7A)

Australian Radiation Protection and Nuclear Safety Authority

Regulation 10 Drugs (Schedule 8)


CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958

DESCRIPTION OF CONTROL

DEPARTMENT RESPONSIBLE FOR POLICY AND EXPORT PERMISSION

Regulation 10AB Precursor Substances (Schedule 9)


Regulation 13CI Exportation of arms or related matériel to Afghanistan

Department of Foreign Affairs and Trade

Regulation 13CK Exportation of arms or related matériel to Liberia


Regulation 13CL Exportation of arms or related matériel to the Democratic Republic of the Congo


Regulation 13CM Exportation of arms or related matériel to Sudan


Regulation 13CN Exportation of arms or related matériel to Côte d`Ivoire


Regulation 13CO Exportation of arms or related materiel to People’s Democratic Republic of Korea


Regulation 13CP Exportation of arms or related materiel to Lebanon


Regulation 13CQ Exportation of certain goods to Iran


Regulation 13CR Exportation of certain goods to Eritrea


Regulation 13CS Exportation of certain goods to the Libyan Arab Jamahiriya


Regulation 13D Exportation of counterfeit credit, debit and charge cards

Australian Federal Police

Regulation 13E Exportation of certain goods Department of Defence

Regulation 13F Ozone-depleting substances and synthetic greenhouse gases

Department of Sustainability, Environment, Water, Population and Communities

Regulation 13G Radioactive Waste Department of Resources, Energy and Tourism

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Regulation 13GA Devices and documents relating to suicide

Attorney-General’s Department (absolute prohibition)

Section 3 – Release of Information

All releases of information from Customs and Border Protection must be in accordance with the Privacy Act 1988 and authorised under section 16 of the Customs Administration Act 1985. For disclosures under section 16 of the Customs Administration Act 1985, disclosure must be either:

• made in accordance with an existing ongoing authorisation; or • authorised by completing a one-off authorisation Form B277 “Authority to

Disclose Protected Information – General” (B277 form). Before information can be released under section 16, it must be authorised by the CEO or an officer with a delegation (being a Customs and Border Protection officer level 3 or above in the area releasing the information). Note: There are additional limitations on the disclosure of personal information (i.e. information that identifies an individual). These requirements are set out in the ongoing authorisation and the B277 form. An authorisation under section 16 of the Customs Administration Act 1985 is not required where the disclosure of information by Customs and Border Protection is required or authorised by law (e.g. in response to a court order or under the Freedom of Information Act 1982) or where the disclosure is made in the course of performing duties for Customs and Border Protection. An example of a disclosure in the course of duties might be where a Customs and Border Protection officer visiting an overseas country discusses particular procedures or technology used by Customs and Border Protection with the agency when the purpose of the overseas visit is to share information with the other agency.

Requests for Information Requests for information made by an Australian Government department or agency, state government department or agency or foreign government department or agency can be made in the name of the officer of that department or agency requiring the information. The formal written request must be made on official letterhead, specifying why the information is required. If the agency making the request has not already given Customs and Border Protection an undertaking that any information disclosed to the agency will not be further used or disclosed except as permitted by law, the person requesting the information should include the following wording in the request: "I undertake that [name of department or agency] will not use or further disclose information provided by Customs and Border Protection, except for the purpose for which it was provided by Customs and Border Protection, or otherwise as required or authorised by law."

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Enquiries regarding requests for export information from within Australia can be made to the Business Information team in the Cargo Division, Canberra. Enquiries regarding requests for information from foreign government departments and agencies should be made to a regional Intelligence Section or to Overseas Coordination (OSCORD) Unit in Central Office, Canberra.

Contact details for Customs and Border Protection, Business Information Team and

OSCORD Unit are at Appendix 12.

Requests for Information from Australian Government Departments and Agencies State and federal government departments and agencies may request export information from Customs and Border Protection if they need the information for the purposes of carrying out the functions of the department or agency i.e. the administration or enforcement of laws of the Commonwealth or a State or Territory.

Requests for Information from Foreign Government Departments and Agencies Foreign government departments and agencies may request export information from Customs and Border Protection if the information will be used in accordance with an agreement between the Commonwealth and the foreign government department or agency. For example, depending upon the terms of the relevant agreement, a foreign government department could request information for purposes connected with the administration of certain laws of that foreign country.

Requests for Information from Private Companies and Individuals Private companies and individuals may make a request to Customs and Border Protection for copies of data from Export Declarations lodged by them with Customs and Border Protection. It should be noted that general export statistics for specific markets are available for purchase from the Australian Bureau of Statistics (ABS) rather than from Customs and Border Protection. Requests for Export Declaration data are processed by Customs and Border Protection on a fee-for-service basis. Requests should contain full details of the information required, including exact names and spellings and a billing address. In the case of agents or consultants requesting information on behalf of a client, the request should include a letter of authority from the exporter on whose behalf the request is being submitted.

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Data extractions will be provided in the form of a spreadsheet and will be posted or forwarded by e-mail to the applicant. If required, the data can be stored on a disc or CD ROM. The method of delivery is to be stated at the time the request for data is made. Requests made on a fee-for-service basis are processed by the Business Information team, Cargo Division in Central Office, Canberra.

Record Keeping A record should be maintained of all disclosures of information made by Customs and Border Protection and the basis on which it was made. A copy of the information disclosed should be kept either in hard copy or electronically.

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Section 4 – Audits

Purpose of Export Audits The objective of the current export system is to ensure that exporters or their agents provide correct information about cargo while, at the same time, minimising Customs and Border Protection interference in the clearance of goods for export. The system is therefore based on self-assessment principles. The integrity of the system is supported by an export audit program that employs risk management techniques to identify instances of non-compliance by exporters and applies sanctions to deter carelessness, recklessness or fraud. Customs and Border Protection audits the activities and transactions of exporters or their agents in order to:

• ensure compliance with export requirements administered by Customs and Border Protection, including on behalf of permit issuing agencies; and

• validate the integrity of data used by Government and industry in policy development and decision-making.

Customs and Border Protection Export Control Infrastructure Export audit is an important part of Customs and Border Protection export control infrastructure. The control infrastructure consists of three separate but interrelated levels of control. These are:

• Electronic Risk Assessment - the Integrated Cargo System (ICS) ensures that all declarations are scrutinised for matches against export profiles. The majority of declarations are assessed as low risk and are not impeded;

• Physical or Documentary Examination – Customs and Border Protection may require more information on export consignments such as those that match a profile. This may involve Customs and Border Protection sighting the commercial documentation and/or physical examination of the goods; and

• Post Transaction Activities - once exportation has occurred, a limited number of export transactions are subject to post-declaration compliance activities such as audits, desk verification exercises and focused visits.

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Section 5 – Integrated Cargo System (ICS)

What is ICS? The ICS is Customs and Border Protection electronic clearance and reporting system for imports and exports. In relation to exports, the system links Customs and Border Protection with exporters or their agents, warehouse and depot operators, consolidators and freight forwarders, airline and shipping companies, permit issuing agencies and other government agencies such as the Australian Bureau of Statistics (ABS) and the Australian Quarantine and Inspection Service (AQIS). The ICS:

• automates procedures for the reporting of exports; • eliminates the need for the presentation of paper permits with manifests; • accelerates and simplifies the clearance of outward sea and air cargo manifests; • enhances the ability of Customs and Border Protection to monitor high risk

exports without impeding the legitimate exports; and • provides timely export information to the ABS.

Further information on connecting to the ICS is available from the Customs and Border Protection Information and Support Centre (CISC).

Contact details for the CISC are at Appendix 12.

Further information on the ICS is available in Division 2 of this manual, or under Cargo Support section of the website at www.customs.gov.au

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Division 2 Customs and Border Protection Export Declaration Requirements

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Section 1 – Meaning of Exportation

Meaning of Exportation For Customs and Border Protection purposes, the exportation of cargo is regarded as having occurred when:

• goods situated within the Commonwealth of Australia are placed on board a ship* or aircraft for consignment to a place beyond the Commonwealth;

• the international voyage from the final port or airport within Australia to that place has actually commenced; and

• the goods are intended to be landed at a place outside Australia. In this context, the "Commonwealth of Australia" includes:

• Australia's States and mainland Territories; • Australia's coastal islands; • Australia's offshore islands (Lord Howe and Macquarie Islands); • offshore islands that are legally "Internal Territories" of Australia (Ashmore and

Cartier Islands); and • offshore "installations" deemed part of Australia under the Sea Installations Act

1987. However, this does not include Australia's "External Territories" namely:

• Australian Antarctic Territory; • Christmas Island (Indian Ocean); • Cocos (Keeling) Islands; • Coral Sea Islands (including Willis Island); • Heard Island; • McDonald island; and • Norfolk Island.

Goods intended for export to one of Australia's external territories are subject to normal Customs and Border Protection export requirements. An exporter is a person identified as common law owner in the goods at the time they are exported. When a buyer purchases goods under an 'ex works' arrangement, the buyer is the exporter of the relevant goods for the purposes of the Customs Act. Where an agent acts on behalf of an owner they may, for the purposes of the Customs Act be subject to any liability or penalty. * A ship is defined in section 4 of the Act as any ship used in navigation, other than air navigation, and includes: (a) an off-shore industry mobile unit; and (b) a barge, lighter or any other floating ship.

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Section 2 – Export Declarations

What is an Export Declaration? An Export Declaration is a statement made by the exporter (owner of the goods), or their agent, to Customs and Border Protection providing information concerning the goods and the export transaction. Export Declarations provide Customs and Border Protection with details about goods intended for export. The ICS processes the information provided and issues an Export Declaration Number (EDN). Export Declarations can be lodged up to six months in advance of the date the goods are being exported. For Customs and Border Protection purposes, an export is the removal of goods by ship or aircraft from a place in Australia to a place outside Australia. All goods being exported from Australia are subject to Customs control and must be reported to Customs and Border Protection using either an Export Declaration or exemption code. It should be noted that the exportation of services is not subject to Customs control. An Export Declaration is required for the following:

• goods requiring a permit; • goods on which a drawback is to be claimed; • customable and excisable goods on which duty/excise has not been paid; and • goods with a value greater than AUD$2,000 except exempt goods, below.

Goods not contained in the list above, do not require an Export Declaration (regardless of value):

• personal or household effects; • pets; • certain consignments with a value of AUD$2,000 or less; • goods covered by carnets under section 162A of the Act; • Australia Post or Diplomatic Bags; • Australian domestic cargo; • containers for the international carriage of cargo; • ship or aircraft stores; and • military goods that are being exported for the Australian Defence Force on a

military ship or aircraft. These excluded goods are reported to Customs and Border Protection using an exemption code as a line on either a sub-manifest or a main manifest. For more detail, refer to the section titled "Goods Exempt from Export Declaration Requirements" below.

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What Information is in an Export Declaration? The Export Declaration requires information about:

• the reporting party and a unique reference number assigned by the reporting party for the consignment;

• the exporter (consignor) and the consignee; • the port or airport of loading, of discharge and destination country; • the intended date of export. Export Declarations lodged electronically must

have an intended date of export that is on or after the date of lodgement; • the description, classification, free on board (FOB) value and quantity goods to

be exported. The classification uses the Australian Harmonized Export Commodity Classification (AHECC) code for each type of good; and

• any permit requirements. Goods may require a permit to be exported and, if so, the details must be included in the Export Declaration.

Export Declarations consist of the header section and then a line section. Each Export Declaration has one header, but can have multiple lines.

What is a Consignment? One Export Declaration is required to be lodged per consignment of goods exported, unless the goods are exempt from Export Declaration requirements (refer to the section titled "Goods Exempt from Export Declaration Requirements"). A consignment is defined as goods sent from one consignor to one consignee at one time. Examples of this are as follows:

• 1 Consignor (Owner) (several goods) to 1 Consignee = 1 Export Declaration • 1 Consignor (Owner) to 3 Consignees = 3 Export Declarations • 3 Consignors (Owners) to 1 Consignee = 3 Export Declarations

For the purposes of the Customs Act, the ‘owner’ in respect of goods includes any person (other than an officer of Customs) being or holding himself or herself out to be the owner, importer, exporter, consignee, agent, or person possessed of, or beneficially interested in, or having any control of, or power of disposition over the goods. Where goods are sold “Ex Works” for export, the buyer of the goods (be they an Australian or International entity) becomes the owner before the export transaction takes place. Accordingly, it is the buyer who is liable under the Customs Act 1901 for exportation and not the seller. However, where a person holds himself or herself out to be or acts as if he or she is the agent of an owner of goods for the purposes of the Customs Act that person may be subject to any liability or penalty. (section 183 of the Customs Act refers). The ‘consignee’ for the purposes of an Export Declaration is the ultimate recipient of the goods that have been exported from Australia, whether or not the person ordered or paid for the goods. This should be the principle, not a bank or freight forwarder. In addition, an Export Declaration requires the name of the owner (the exporter as stated above) and the name of the consignee. Only one owner and one consignee can

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be reported per Export Declaration, so one Export Declaration is required for each consignment. Where export goods are shipped in a number of packages from one consignor (Australian exporter) to one consignee (overseas importer) on the one ship or aircraft, Customs and Border Protection will treat those packages as one consignment. While a waybill is prima facie evidence of contract of carriage, it is evidence of a contract of carriage between the consignor and the carrier, not between the consignor and the consignee. Therefore, although goods may be exported under separate waybills, this does not mean that they are different consignments for Customs and Border Protection purposes if they are sent from one consignor to one consignee on the same ship or aircraft.

Assembly Services An "Assembly Service" (also known as a "Freight Assembly") may be defined as a situation where: (a) goods are sent from multiple exporters to a single consignee under one Air

Waybill/Bill of Lading; or (b) goods are sent from a single exporter to multiple consignees under one Air

Waybill/Bill of Lading. Situation (a) above occurs when a freight forwarder (for example) consolidates goods from a number of exporters that are selling goods to a single company overseas. In order to save on processing costs, one Air Waybill/Bill of Lading is created and the freight forwarder shows themselves as the consignor and the overseas company as the consignee. Situation (b) above occurs when a single exporter sells goods to a number of companies overseas, but the goods are initially sent to a freight forwarder (for example) overseas for distribution to the respective overseas importers. In order to save on processing costs, one Air Waybill/Bill of Lading is created and the exporter shows themselves as the consignor and the overseas freight forwarder as the consignee. While the procedures taken above by exporters and freight forwarders relating to commercial documentation are acceptable to Customs and Border Protection, the procedures and requirements in relation to the lodgement of Export Declarations with Customs and Border Protection are significantly different. Even though the Australian freight forwarder in (a) is shown as the consignor on the Air Waybill/Bill of Lading, they are acting as an agent on behalf of the multiple exporters, which are, in fact, the 'owners' for Export Declarations purposes. Conversely, the overseas freight forwarder in (b) is shown as the consignee on the Air Waybill/Bill of Lading, they are acting as an agent on behalf of the multiple overseas importers which are, in fact, the 'consignees' for Export Declarations purposes. For this reason, where an 'assembly service' has occurred, an Export Declaration is required for each common law owner (exporter) and the corresponding consignee for each consignment.

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What is an EDN? When an Export Declaration is lodged, details of the consignment are sent electronically to the ICS where it is allocated a unique Export Declaration Number (EDN). The EDN consists of nine alphanumeric characters. Such an EDN will be returned to the person lodging an Export Declaration either with a 'CLEAR' or 'ERROR' status. A CLEAR EDN (i.e. an EDN without an ERROR status) is the legal authority to export goods from Australia. An EDN with errors must be attended to and the EDN must have a CLEAR status before the goods can be exported. EDNs can show an error if no permit is provided when required, or the permit format is incorrect. The EDN remains unchanged even if the Export Declaration is subsequently amended, withdrawn or cancelled. The EDN is placed on documentation that accompanies the goods when they are to be exported. In respect of goods being exported by sea or by air, the EDN appears on the ship or aircraft manifest that is sent to Customs and Border Protection declaring all of the cargo being exported. The EDN is also known as a Customs Authority Number (CAN) - that is, a number that can be shown on other documents as a reference to the authority to deal with the goods referred to in the Export Declaration. Other CANs include main manifests, and sub-manifests.

How is the EDN used? The EDN may be quoted as a reference in other ICS messages. The EDN may be quoted on:

• a sub-manifest, when an export consignment is included in an export consolidation;

• an outward manifest, directly or indirectly in a sub-manifest, when an export consolidation has been exported;

• a warehouse release or return notice, when prescribed warehouse goods are released from or returned to a warehouse;

• a depot receival notice, when a depot receives prescribed warehouse goods for consolidation;

• a depot release notice, when a depot releases consolidated prescribed warehouse goods; or

• a CTO receival or removal notice, when export goods are received by or removed from the wharf or airport.

How is an Export Declaration Lodged? Export Declarations may be lodged either:

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• electronically by a registered user of the ICS, either as an agent acting on behalf of an owner, or the owner themselves. All parties must have the relevant role assigned against their registration in the ICS; or

• manually by completion of a documentary declaration, which may be prepared by the owner or an agent acting on behalf of the owner. The documentary Export Declaration should be lodged in person at a Customs and Border Protection counter.

Export Declaration Status After lodgement, an Export Declaration will show one of the following five statuses. The documentary status may have a corresponding condition.

CLEAR: the Export Declaration has been validated and processed, and there is an authority to deal with the goods described in the declaration. A CLEAR status does not mean that the goods have been reported on a manifest. An EDN with this status is a valid CAN. ERROR: Validation and processing have revealed that there is incorrect or incomplete information contained in the Export Declaration. There is no authority to deal with the goods. CLEAR – EXPIRED – the goods have been reported on a sub-manifest or main manifest and are deemed by the ICS to have been exported. This means that the authority to deal with the goods has expired. CLEAR – IDLE – where the goods have not been reported on a manifest, released from a warehouse or received at a CTO within 10 days of the intended date of export, the ICS will show the EDN as IDLE.

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ERROR – EXPIRED – after the goods have been exported, the authority to deal with the goods expires. If the Export Declaration is amended after export and the amended information contains an error, the EDN will show ERROR but still display EXPIRED to show the goods have been exported. ERROR – IDLE – where the goods have not been reported on a manifest, released from a warehouse or received at a CTO within 10 days of the intended date of export, the ICS will show the EDN as IDLE. ERROR – VALIDATION – where the Export Declaration does not contain all mandatory information, the declaration will be rejected and no EDN will be generated. If the only mandatory information not provided relates to permit details, the declaration is processed but will show ERROR and VALIDATION. ERROR – EMBARGOED – there is no authority to deal with the goods because the Export Declaration has matched a profile such as the destination country is subject to a UN sanction. When the appropriate export permission has been obtained, Customs and Border Protection can remove the EMBARGO condition. ERROR – SUSPENDED – the authority to deal with the goods has been suspended by Customs and Border Protection under subsection 114C (6) or subsection 114CA (1) of the Act for a specific period. A status change advice message will be sent by the ICS to the exporter advising that the authority to deal has been suspended. Customs and Border Protection will also advise affected parties (exporter, consolidator, CTO etc) directly of the reasons for, and commencement of, the suspension. WITHDRAWN – the Export Declaration has been successfully withdrawn by the exporter (or agent) before the goods have been exported, consistent with section 119A of the Act. Section 119B of the Act specifies that when an Export Declaration has been withdrawn, there is no authority to deal with the goods and the status cannot be changed. CANCELLED – the authority to deal with the goods has been cancelled by Customs and Border Protection under section 114C (5) of the Act. While a status change advice message will be sent by the ICS to the exporter, Customs and Border Protection will also advise affected parties (exporter, consolidator, CTO etc) directly. A cancelled authority to deal cannot be reinstated. REVOKED – the authority to deal with the good s has been revoked by Customs and Border Protection under section 116 (1) of the Act. This status is applied automatically by the ICS when the goods have not been exported within 30 days of the intended date of export. A revoked authority to deal cannot be reinstated – the exporter must withdraw the EDN within seven days after it is revoked as required by section 116 of the Act.

Amending Export Declarations If the details of an export consignment change, it is the responsibility of the exporter (or agent) to notify Customs and Border Protection of the changes by lodging an amendment as soon as practicable. Amending an Export Declaration will create a new version of the declaration in ICS.

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Export Declarations may be amended at any time after lodgement. Amendments to declarations reported at a cargo terminal or listed on a manifest are flagged for Customs and Border Protection attention. Significant amendments, particularly those involving goods subject to a permit, may be subject to further investigation. Some amendments to Export Declarations covering customable/excisable goods may not be made where those goods have been released from a warehouse. If an Export Declaration has been lodged and some of the goods have not been exported within 30 days of the proposed date of export, the authority to deal with those goods not exported is automatically revoked. Accordingly, where some of the goods have not been exported, the Export Declaration should be amended so that it covers only the goods exported as required by section 116 of the Act. Where exporters regularly amend details of consignments after export, Customs and Border Protection may check with the exporter as to why it occurs as part of compliance monitoring. If the type of commodity requires regular amendments to be made after export (for example, for consignments sold at auction or bulk goods), then the exporter should consider applying for confirming export status. For more details, refer to the section titled "Confirming Exporter Status" below. An amendment to an Export Declaration originally lodged electronically with Customs and Border Protection must be lodged electronically using the same ICS reporting party identification. An amendment to a manually lodged Export Declaration must also be lodged manually (i.e. resubmitting B957).

Confirming Exporter Status All declarations for exportation should be complete and accurate when lodged with Customs and Border Protection prior to exportation. Some exporters, however, may not be able to obtain certain details when an Export Declaration is lodged. An exporter may not accurately know information such as values, weights and quantities until after the goods have been loaded onto the ship or aircraft for export. Such exporters may consider applying to Customs and Border Protection to become confirming exporters. Those exporters accorded 'Confirming Exporter' status are given authority to amend the details of their Export Declarations within a set time after the export of those goods. Certain goods, such as those subject to a duty drawback claim are excluded from confirming exporter status. Under section 114B of the Act, exporters may apply to Customs and Border Protection to become "confirming exporters". Exporters seeking such status should complete the approved Form B111 "Application for Confirming Exporter Status" and follow the lodgement directions. If Customs and Border Protection is satisfied that the stated information is not available prior to exportation, Customs and Border Protection may grant the exporter 'Confirming Exporter' status by signing a notice to that effect, in respect of the particular goods and the information not available before export. The notice will also specify the following conditions:

• 'Confirming Exporter' status is to be shown in the Export Declaration;

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• full details of the information not available before exportation will be provided as soon as practicable after exportation and not later than a time specified in the notice; and

• the exporter will notify Customs and Border Protection if the information becomes available prior to exportation.

Where a Customs and Border Protection officer grants approval for 'confirming exporter' status, that officer must update the specific exporter's data file in the ICS accordingly. Where Customs and Border Protection refuses to grant such status, the exporter is to be advised in writing of the reasons for the decision. The 'Confirming Exporter' status may be cancelled or modified by advice in writing to the exporter concerned where, at any time, Customs and Border Protection is satisfied that:

• information in respect to which a 'Confirming Exporter' status has been granted, is now available prior to export; or

• a confirming exporter has not complied with the specified conditions. An agent for an exporter (who wishes to obtain confirming exporter status) cannot apply for this status on behalf of the exporter, however an agent may apply for confirming status in their own right. An agent for a confirming exporter can lodge confirming declarations for an exporter if the exporter has been granted confirming exporter status.

Withdrawing Export Declarations Where none of the goods reported on an Export Declaration will be exported, the Export Declaration must be withdrawn. Once an Export Declaration has been withdrawn, the CAN is no longer valid and it can not be reported on a manifest. If, subsequently, the consignment is to be exported, a new Export Declaration must be lodged with Customs and Border Protection.

What is an 'IDLE' CAN? An EDN or Customs Reference Number (CRN) will show an 'IDLE' condition if it is not quoted on a CTO receival notice, sub-manifest or main manifest within 10 days of the intended date of export nominated on the Export Declaration. All Export Declarations are monitored by the Customs and Border Protection in the ICS to identify this 'idle' condition and electronically notify the reporting party where no recorded action occurs within the 10 day period concerned. The reporting party may amend the declaration at this stage (to either amend the proposed export date or withdraw the entry) and no further action will be taken by Customs and Border Protection. In the absence of any reporting action in the 30 days from the intended date of export, the EDN is automatically revoked by the ICS and the Export Declaration must be

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withdrawn by the exporter. Failure to withdraw an EDN within seven days of revocation is a strict liability offence under section 116 of the Act. Further details on export cargo reporting requirements and Customs and Border Protection compliance role are contained in Australian Customs and Border Protection Notice No. 2005/15 of 24 August 2005. The following diagram identifies the time frames associated with a CAN falling idle and possible actions.

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Goods Exempt from Export Declaration Requirements There are certain goods that are excluded from the requirement to report to Customs and Border Protection using an Export Declaration. These comprise:

• personal or household effects (EXPE); • pets (EXPE); • certain individual consignments with a value of AUD$2,000 or less (EXLV); • goods covered by carnets (EXTI); • Australia Post or Diplomatic Bags (EXML); • Australian domestic cargo (EXDC) ; • ship and aircraft stores (EXSP); and • military goods that are being exported for the Australian Defence Force on a

military ship or aircraft (EXDD). Goods (except most household pets or otherwise exempt) will require an Export Declaration if they are subject to an export permit requirement. Goods that are exempt from normal Customs and Border Protection Export Declarations requirements are still required to be quoted on export manifests and sub-manifests. These goods must be quoted on the manifest or sub-manifest using the appropriate exemption code. There is no requirement to report ship’s stores on the export manifest where approval to load has been granted through the Form 43 “Request to Load Goods (other than cargo) on to Ship” (Form 43). The only exception is where the goods are containerised and are not intended to be used on the ship’s immediate voyage. In this instance the goods should be included on the manifest using the exemption code EXSP. Mandatory fields that must be completed in ICS for exempt goods are:

• Goods Owner (name and/or owner party ID); • Goods Description; and • Country of Destination.

Personal and household effects Covers goods that are accompanied or unaccompanied personal or household effects (including motor vehicles - refer to the section titled "Motor Vehicles Exported as Personal Effects") of a passenger or a crew member of a ship or aircraft that:

• do not exceed quantities which could be reasonably expected to be required by a passenger or crew member of a ship or aircraft for their own use; or

• are not goods, to the knowledge or belief of a passenger or crew member, for sale or use in trading outside Australia.

An officer should be satisfied that any goods exported using this exemption code are in fact personal effects and not part of a commercial consignment.

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The exemption code EXPE should be used for accompanied and unaccompanied personal or household effects. The legislative basis for this exemption is section 113 (2)(a) of the Act.

Pets The exportation of household pets is exempt from declaration requirements. If the exportation of the animal is of a commercial nature, however, then normal export procedures must apply. It is a requirement that an export permit must be granted by the Australian Quarantine and Inspection Service (AQIS), and must be in effect, for the export of an animal. Irrespective of whether the animals are household pets or commercial transactions, all will require an International Health Certificate. AQIS advises that a health certificate will be issued if the animal passes all the health requirements of the destination country. Once a health certificate is obtained, an Export Permit will be issued by AQIS. Information regarding the requirements for certification can be obtained from AQIS. The exemption code EXPE should be used for pets. The legislative basis for this exemption is subsection 113 (2)(a) of the Act.

Goods not exceeding AUD$2,000 in value This exemption relates to goods exported by post, air or sea where the total value of the goods in the consignment does not exceed AUD$2,000. This applies whether the goods are air or sea cargo or commercial goods exported in passenger baggage. The following goods are excluded from this exemption:

• goods which require any permit or permission regardless of value; • dutiable (imported) goods on which duty is unpaid; • excisable goods on which the excise duty is unpaid; • goods on which GST is generally payable under A New Tax System (Goods and

Services Tax) Act 1999 but is unpaid; and • goods on which a person intends to claim a drawback of customs duty, excise

duty or a drawback of GST. The exemption code EXLV should be used for goods valued at less than AUD$2,000. The legislative basis for this exemption is subsection 113 (2)(b) of the Act. However, an exporter must supply the cargo handler with the exporter name, goods description and destination country to assist them with their reporting requirements.

Goods covered by carnets This exemption only covers foreign goods on an overseas issued carnet (that have been temporarily imported under section 162A of the Act). Exemption code EXTI should be used for goods covered by this exemption. All other temporarily imported goods, and export goods on an Australian issued carnet, are subject to normal export reporting requirements.

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Bags of mail This exemption covers both outwards Australia Post and Diplomatic mail. Exemption code EXML should be used.

Ship and aircraft stores Ship’s stores and aircraft’s stores are defined in section 130C of the Act as goods for the use of passengers or crew of a ship or aircraft or for the service of a ship or aircraft. Examples include consumables such as food, cleaning supplies, and goods held on an aircraft ‘bar’ cart. All ship or aircraft stores, with the exception of ship’s stores listed on a Form 43, are required to be reported on a manifest using exemption code EXSP. Alcohol and tobacco products prescribed in Schedule 1AAA of the Customs Regulations 1936 will require an Export Declaration in order to be released from a warehouse. Stores on which duty has not been paid may be taken onboard a ship or aircraft in accordance with an approval granted under section 129 of the Act. Under section 130B of the Act, if these goods are not used as stores on an international voyage or flight, Customs and Border Protection can demand the duty be paid on those stores as if they were imported and entered into home consumption. Note: ship’s spares and aircraft’s spares are defined as essential replacement items for the operation of the ship such as equipment and tools. The exemption code EXSP is not used for spares in the export environment.

• Ship’s Stores

The mechanism for seeking approval to load stores on board a ship is the use of a Form 43 “Request to Load Goods (other than cargo) onto a Ship”. Ship’s stores that have been reported on a Form 43 are not required to be reported on the ship’s manifest. Containerised ship’s stores and spares that are not intended for the use of the ship on its immediate voyage and are loaded onboard as cargo must be quoted on the manifest using exemption code EXSP. Australian Customs and Border Protection Notice 2007/28 refers.

• Aircraft’s Stores Due to the nature of the airline industry, airlines often maintain their own section 79 warehouse facilities, or contract to use a section 79 warehouse at an airport to maintain stores for use in an aircraft on an international flight. The section 79 warehouse facility is authorised to release stores to the airline and is required to maintain accurate records of the movement of goods.

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Military goods Exemption code EXDD should be used for military goods belonging to the Australian Defence Force (ADF) that will not be sold or otherwise disposed of outside Australia and are being exported on a military ship or aircraft. Military goods being exported on a commercial ship or aircraft require an EDN.

Containers for the international carriage of cargo In accordance with international conventions, containers are not required to be reported to Customs and Border Protection on a manifest, however, the number of empty containers loaded on board a ship for export should be reported in the header line of the manifest.

Contingency Arrangements for Provisional Clearance Section 126E of the Act makes allowance for Customs and Border Protection to issue contingency clearances for exports when the ICS system is temporarily unavailable. In support of this, a Business Continuity Plan has been developed for situations where a contingency process could arise, such as:

• where Customs and Border Protection systems (ICS or Customs Interactive/EDI) become inoperative resulting in clients being unable to communicate electronically with Customs and Border Protection; or

• the ICS does not perform to specified standards. If industry systems become inoperative resulting in clients being unable to communicate electronically with Customs and Border Protection, responsibility lies with the client for their own back-up plans. In certain circumstances, the CEO may declare an outage. It should be noted that an outage would not be declared because of slow response times unless they extend beyond the specified standards. Form B325 “Contingency Export Declaration” requires the following basic details to be provided by the exporter before a contingency EDN is issued by Customs and Border Protection:

• owners name; • senders reference; • consignee; • reporting party; • ABN/CCID; • phone/fax; • description and AHECC of goods; and • permits.

A Customs and Border Protection officer issuing contingency EDNs may also request any other information relevant to the exportation of the goods. The exporter may then use the contingency EDN as authority to export the goods.

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When a registered ICS user is given a contingency EDN, the user must (within 24 hours of the Customs and Border Protection system being restored and whether or not the goods have yet been exported):

• withdraw any Export Declarations that were not able to be processed while the system was inoperable;

• lodge a full electronic Export Declaration in respect of the goods; and • include particulars of the provisional clearance in the new electronic declaration

(the "Unique Consignment Reference" field in the Export Declaration is used to identify the contingency EDN).

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Section 3 – The Australian Harmonized Export Commodity Classification

The ABS maintains the Australian Harmonized Export Commodity Classification (AHECC) (ABS cat. no. 1233.0). The AHECC is designed for use by exporters and brokers to classify goods when providing Export Declarations to Customs and Border Protection. The AHECC is based on the 6-digit items of the Harmonized Commodity Description and Coding System (HS). The HS is used to classify internationally traded goods as they enter or leave a country. It was developed and is maintained by the World Customs Organization.

Classifying Goods to the AHECC Goods are classified according to the general rules for the interpretation of the HS. The following notes are provided to assist in understanding the HS classification and in the determining the correct AHECC items to be used in making Customs Export Declarations. The notes are not exhaustive, but cover the most important aspects of goods classification. The AHECC consists of eight digits e.g. 02042310

02 04 23 10 Chapter 02: meat and edible meat offal Heading 04: meats of sheep or goats, fresh, chilled or frozen Sub Heading 23: Boneless Statistical code 10: Lamb The following general principles should be used when classifying goods:

• determine the broad category to which the goods fall e.g. raw material or semi manufactured and finished goods;

• select the appropriate section or chapter; • review the section and chapter notes, as these notes can affect a classification

decision; • examine the four digit headings in the chosen chapter to determine the most

appropriate six digit heading; and • consider all the eight digit classifications under the selected six digit item to

select the most appropriate code. Full details of the AHECC are available free from the ABS website www.abs.gov.au. Updates to AHECC items can be downloaded from the site in January and July each year.

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Formal AHECC advice is available from Customs and Border Protection if required. To download an application for AHECC advice, log on to the Customs and Border Protection website at www.customs.gov.au. Complete Form B318 “Application for AHECC – Exports Advice” and mail or fax it to Customs and Border Protection Tariff and Valuation Section. Be sure to include any samples or supporting documentation relating to the application.

Contact details for Customs and Border Protection, Tariff and Valuation enquiries are at

Appendix 12.

Permits Many types of goods require a permit to be exported. The AHECC reference table in ICS includes relationships between AHECC codes and permit requirements. A permit issuing agency can specify specific AHECC codes for which a permit is mandatory, or may be required. The permit issuing agency can also specify a validation method for the permit, e.g. format validation, check code. If an AHECC has:

• a mandatory requirement for a permit, then the Export Declaration will only be validated as 'CLEAR' if a valid permit is included in the declaration;

• a 'maybe' requirement for a permit, then the Export Declaration will be validated as 'CLEAR' without a permit, but a warning message will be generated; or

• no requirement for a permit, then the Export Declaration will accept a valid permit, but none is sought.

The Export Documentation System (EXDOC) system was developed by the Australian Quarantine and Inspection Service (AQIS) to allow exporters to obtain export approval and health certification from AQIS. EXDOC is linked to ICS to provide a Single Electronic Window to Government (SEW). The SEW will allow exporters who have to obtain export clearance for a particular consignment from both ICS and EXDOC to submit required data via a single message. Exporters registered with AQIS lodge a request for a permit via the EXDOC system, which processes their message and forwards the data to the ICS. The ICS system in turn processes the information and responds to EXDOC with an EDN. EXDOC forwards the EDN and permit authority (except for certain goods destined for the European Union (EU)) back to the exporter or their agent. The permit authority will provide the EXDOC user with a CLEAR EDN and the consignment will receive a 'LOAD' status upon CTO receival. Non-EXDOC users who lodge a manual request for permit will still be able to use the ICS to obtain a CLEAR EDN. Entering the letters 'PIA' followed by their unique AQIS permit authority number will do this (except for certain goods destined for the EU). The permit authority will provide a CLEAR EDN and the consignment will receive a 'LOAD' status upon CTO receival. The EDN must then be amended by replacing the AQIS permit authority with the AQIS permit number, once issued.

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Assay Some types of goods require an assay. Assay details describe the proportion of an ore that are of a particular chemical element or ion. This may be expressed as a percentage or as grams per tonne depending on the element.

Temporary Import Number Goods that were imported into Australia on a temporary basis with a security or undertaking are assigned a temporary import number (TIN), which must be included in the Export Declaration when the goods are re-exported. The AHECC code for temporary imports (9902.20.**) requires a TIN before the Export Declaration will validate.

Companion AHECC codes Goods that have been imported for repair, alteration or renovation must show two AHECC codes in the Export Declaration – one line for the value of the goods before repair, alteration or renovation, and the other line for the value of the repair, alteration or renovation.

Use of AHECC Chapter 98 – Goods not Classified to Kind Special transactions and commodities not classified according to kind such as consignments of mixed goods are classified in Chapter 98 of the Australian Harmonized Export Commodity Classification. These consignments may or may not include goods subject to permit requirements of the relevant permit issuing agencies. If goods are subject to permit requirements then normal procedures relating to the quoting of those permits on the Export Declarations and export of those goods applies. All Export Declaration transactions submitted to Customs and Border Protection are subject to audit activity and as such reconciliation of permit requirements are part of that activity.

Mixed Goods The commodity classification 9809.00.01 can be used for mixed goods comprising four or more commodities in a single consignment where the value of each commodity in the consignment is less than AUD$5,000. Any commodity that is valued at AUD$5,000 or more should be classified by kind. Goods requiring a permit are not to be classified to chapter 98 except for goods requiring an AQIS or Horticulture Australia Limited permit and first aid kits.

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Where the total value of the Export Declaration under this code exceeds AUD$200,000, approval to use classification 9809.00.01 must be obtained from the Classifications Manager, Australian Bureau of Statistics.

Contact details for the Classifications Manager, Australian Bureau of Statistics are at

Appendix 13.

Goods Re-exported from Australia after Industrial Processing Goods that are imported for processing on account of a non-resident client and re-exported on the basis of a contract and for a fee, are separately recorded in the Balance of Payments accounts as "goods for processing". In order to enable compilation of the goods for the processing item, goods being re-exported after such processing should be recorded in a special item within the AHECC. This is: 9805.00.00 Goods re-exported from Australia after industrial processing. This item should be used to classify goods imported for processing and then exported. Industrial processing refers to any manufacturing activity performed under contract, which substantively changes the nature of the goods. The value of the goods recorded on the Export Declaration should be the value of the goods after processing. The state of origin is the state in which the industrial processing (or the greater part of the processing, if the goods were processed in more than one state) took place.

Use of AHECC Chapter 99 – Goods not in Merchandise Trade Commodities and transactions not included in merchandise trade and therefore the balance of payments, are classified to Chapter 99 of the AHECC. Details of AHECC codes for chapter 99 are detailed in the section titled "Export Declarations for Goods Exported Temporarily". Goods requiring an export permit should be classified by kind.

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Section 4 – Completing an Export Declaration

Export Declaration Lodgement The reporting of export details to the Customs and Border Protection may be done:

• electronically, through the ICS; or • by document, by completing Form B957 “Export Declaration”; and, if required, • Form B957a “Export Declaration Supplementary Page”.

Exporters must report all export details prior to the goods being loaded on board the ship or aircraft transporting them out of Australia. For assistance completing an Export Declaration please contact the Customs and Border Protection Information and Support Centre.

Contact details for the Customs and Border Protection Information and Support Centre

are at Appendix 11.

Client Registration Export Declarations require an identifier (ID) for both the reporting party (Reporting Party ID) and the owner of the goods (Goods owner party ID). These IDs will be either an Australian Business Number (ABN) or a Customs Client Identifier (CCID). The CCID is issued by Customs and Border Protection for those clients who do not have an ABN. The following clients will need to be registered with Customs and Border Protection before Export Declarations can be lodged:

• every business that reports directly to Customs and Border Protection; • every exporter identified on an Export Declaration; and • any individual, not part of an organisation/business, that reports directly to

Customs and Border Protection.

Instructions for Completing a Form B957 “Documentary Export Declaration” The following instructions are for the documentary Form B957 “Export Declaration”, but the information also applies to declarations lodged electronically using EDI or Customs Interactive. Commercial software packages may use different labels for some fields, and the layout of the fields is likely to vary.

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Each of the following instructions relates to a field on the Export Declaration. The numbers shown beside the Export Declaration fields as shown below do not necessarily relate to the item numbers of the fields on an Export Declaration. 1. CUSTOMS FILE NUMBER Customs and Border Protection use. Leave blank for an original lodgement. If the declaration amends an earlier lodgement, then the Customs File Reference allocated by Customs and Border Protection may be shown here. 2. REPORTING PARTY TYPE (MANDATORY) Whether the Export Declaration is made by the "owner" (including an employee of the owner) or by an authorised "agent" on behalf of the owner. 3. YOUR REFERENCE (MANDATORY) Your reference (assigned by the person lodging the Export Declaration) must be unique and is used for both your files and to differentiate between consignments. For EXDOC clients, the EXDOC RFP number is automatically entered in this field in the ICS declaration. 4. REPORTING PARTY ID (MANDATORY) The Customs and Border Protection identifier of the reporting party. The identifier must be either the Australian Business Number (ABN) or Customs Client Identifier (CCID). 5. INTENDED DATE OF EXPORT (MANDATORY) The date on which the consignment is intended to be exported, expressed as DD/MM/YYYY. 6. UNIQUE CONSIGNMENT REFERENCE NUMBER This is the exporter's (Goods owner) unique reference. If a contingency EDN (C-EDN) has been used as authority to export goods, the C-EDN must be shown here when the recovered Export Declaration is lodged. 7. CUSTOMABLE/EXCISABLE INDICATOR (MANDATORY) Customable/excisable Goods are goods, which would be subject to Customs or excise duty if they were to be delivered into home consumption rather than being exported. If the goods are customable/excisable, show "Y" in this field and show the establishment code of the warehouse from which the goods are to be removed in the Warehouse Establishment ID field. If goods are not customable/excisable goods show "N" in this field and leave the Warehouse Establishment ID field blank. 8. PRESCRIBED GOODS INDICATOR Show "Y" if the consignment includes goods that are prescribed warehouse goods under sections 99 and 102A of the Act, that is, listed in Schedule 1AAA of the Customs Regulations 1926. If the consignment includes prescribed warehouse goods, then the establishment code of warehouse must be identified in the Warehouse Establishment ID field. A list of AHECC codes for prescribed warehouse goods is shown at Schedule 1AAA of the Customs Regulations 1926 - "Prescribed Goods". If the goods are not prescribed warehouse goods, indicate "N" whether or not there is unpaid customs or excise duty payable on the goods. 9. WAREHOUSE ESTABLISHMENT ID (MANDATORY IF CUSTOMABLE/EXCISABLE INDICATOR IS YES)

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The establishment code of the warehouse from which the goods are to be removed for export. The establishment code should be shown for all dutiable or excisable goods, whether or not the goods are prescribed warehouse goods. 10. GOODS OWNER PARTY ID (MANDATORY) The Customs identifier of the common law owner of the goods. The identifier must be either the ABN or CCID under which the owner is registered. If the Export Declaration is made by an agent on behalf of the owner, the ABN or CCID for this item cannot be the same as the Reporting Party ID. 11. BRANCH ID An identifier, registered by Customs and Border Protection that is linked to the Goods Owner Party ID, used to further identify the party within that organisation. 12. CONFIRMING EXPORTER TYPE (MANDATORY) A code indicating whether the exporter has confirming export status and proposes to rely on that status in relation to goods in this declaration. A non-confirming (normal) declaration is shown as "N". A confirming declaration (before exportation) is shown as "Y". A confirmation (confirmed declaration) is shown as "C". 13. EXPORTS GOODS TYPE (MANDATORY) Indicate the type of export goods. ST: Stores - the goods are to be taken on board a ship or aircraft as stores. PO: Postal - the consignment is to be consigned by Australia Post. SP: Spares - the goods are to be taken on board a ship or aircraft as spares. AB: Accompanied Baggage - the consignment is to be exported as the accompanied baggage of a passenger. OP: Own Power - the goods will be exported under its own power. OT: Other - any goods that are not specified above. 14. CONSIGNEE NAME (MANDATORY) The full name of the person or organisation taking physical possession of the goods. This should be the principal, not a bank, freight forwarder, etc. 15. CONSIGNEE CITY (MANDATORY) The city or town in which the person or organisation who takes physical possession of the goods is located. 16. PORT OF LOADING (MANDATORY) The Location Codes that are issued by the United Nations (i.e. United Nations Location Code known as UN/LOCODE) to identify a particular port or airport in a country. In the ICS, the UN/LOCODE contains 5 characters, which consists of a two character country code (i.e. AU = Australia) and a three character port or airport code (e.g. SYD = Sydney). These codes are not the same as the International Air Transport Authority (IATA) codes. The list of UN/LOCODEs can be found via the Internet from the Customs and Border Protection website or in the Reference Files in the ICS. For goods to be exported as sea cargo, the UN/LOCODE of the Australian port at which the goods are loaded onto the ship transporting them out of Australia. For goods to be exported as air cargo, the UN/LOCODE of the airport at which the goods are loaded onto the aircraft transporting them out of Australia.

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For goods that are repositioned within Australia prior to export, the UN/LOCODE of the port or airport where the goods are to be loaded onto the international carrier that is to export the goods from Australia. For example, goods accepted for export at Burnie on one ship or aircraft and repositioned to Melbourne for subsequent export on another ship or aircraft would show AUMEL. 17. FIRST PORT OF DISCHARGE (MANDATORY) The UN/LOCODE of the first port or airport of discharge overseas. This may not necessarily be the final destination of the goods. For example, for goods exported to Kuwait via Singapore, the port of discharge will appear as "SGSIN" but the Country of Final Destination will appear as "KW". 18. FINAL DESTINATION COUNTRY CODE (MANDATORY) The ISO 3166-1 two-letter code for the country that is to be the final destination of the goods. Refer to the AHECC Summary of Classification, Codes and Abbreviations, 1.5 Countries. This is the code for the country of final destination of the goods at the time of shipment. Do not enter the code for the country where the goods are to be discharged for subsequent shipment to the country of final destination. For example, goods exported to Kuwait via Singapore should appear as "KW" not "SG". 19. MODE OF TRANSPORT (MANDATORY UNLESS GOODS ARE TO BE EXPORTED BY AUSTRALIA POST) Indicate whether the consignment is to be exported by "Sea" or "Air". 20. VESSEL ID/FLIGHT NO (MANDATORY IF GOODS ARE STORES, SPARES OR ACCOMPANIED BAGGAGE) The ship’s Lloyd's identity number, aircraft’s flight number, or Customs identifier. 21. VOYAGE NO (MANDATORY IF A SHIP ID IS REQUIRED) A unique voyage number of the ship carrying the stores, spares or accompanied baggage. 22. CARGO TYPE Indicate the type of cargo. C: Containerised - the goods are to be exported as FCL sea cargo. CO: Combination - the goods are to be exported as a combination of FCL and LCL or non-containerised sea cargo. N: Non-Containerised - the goods are to be exported as LCL or non-containerised sea cargo, or as air cargo. B: Bulk - the goods are to be exported as a bulk commodity. 23. TOTAL NO. PACKAGES Mandatory if the goods are to be exported by air or if the goods are to be exported by sea and the Cargo Type is non-containerised or combination. 24. TOTAL NO. CONTAINERS Mandatory if the Cargo Type is 'containerised' or 'combination'. "Containers" refers to shipping containers. 25. INVOICE CURRENCY (MANDATORY) The currency used on the invoice needs to be entered here. For the codes that should be used, refer to the Currency codes defined in the Reference Files in ICS. 26 FOB CURRENCY (MANDATORY)

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If the invoice currency is listed in Appendix 4 of this manual or table 1.4 "FOB Currency Codes" in the Australian Harmonised Export Commodity Classification (AHECC), then the FOB must be reported here in this currency. If not, then AUD should be reported. 27. TOTAL FOB VALUE (MANDATORY) The total FOB value must be expressed in the currency specified in the FOB currency field. The total FOB value is the transaction value of the goods plus, if applicable, the value of the outside packaging (other than the shipping containers used for containerised cargo) and related costs incidental to the sale and delivery and loading of the goods onto the exporting ship or aircraft. The FOB values of samples must be shown as the market value of the goods as if they were for sale. The FOB value should be expressed to the nearest dollar. It should be noted that the export FOB value does not include overseas freight and insurance. The Customs Incoterms – Quick Reference Guide may assist in calculating FOB value. 28A. LINE NO (MANDATORY) A supplementary page must be completed for each separate commodity as identified by the AHECC code, refer to 28. Commodity Classification. If the goods to be exported are minerals requiring an assay, use the B957a supplementary page. 28. COMMODITY CLASSIFICATION (MANDATORY) Input the classification code for the goods as specified in the AHECC manual. For details on the determination of the correct statistical item for a commodity, refer to Section 1.3 Classifying goods to the AHECC. If you experience difficulty in determining a classification, please contact the Customs and Border Protection AHECC Advisory Service by email [email protected] or the Customs and Border Protection Information and Support Centre. The same AHECC may be input more than once. There is no need to consolidate lines with the same AHECC. Goods with the same AHECC but different export scheme or state of origin codes may be listed on up to 99 lines, where necessary. 29. GOODS DESCRIPTION (MANDATORY) An accurate description of the goods must be given in plain English. 30. GOODS ORIGIN CODE (MANDATORY) The code used to identify the Australian (or foreign) state of origin of goods, as follows: AU-NS: New South Wales; AU-VI: Victoria; AU-QL: Queensland; AU-SA: South Australia; AU-WA: Western Australia; AU-TS: Tasmania; AU-NT: Northern Territory; AU-CT: Australian Capital Territory; and YY-FO: Goods of foreign origin, re-exported. The following examples should assist in attributing the correct origin code:

• Minerals in ore and concentrate form (for example, iron ore and concentrate) should be attributed to the state or territory in which they were mined;

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• Metals (for example, iron and steel ingots) should be attributed to the state or territory in which they were processed;

• Operations that leave the goods essentially unchanged (i.e. repair, blending, packaging, bottling, cleaning, sorting, husking and shelling) should not be considered as stages of production or manufacture;

• Goods which are imported and re-exported in the same condition as they arrive, or after undergoing repair or minor alteration (i.e. re-exports), should be shown as "YY-FO" indicating goods of foreign origin;

• Goods assembled from parts previously imported from overseas, where the end product does not resemble the component parts, should be attributed to the state or territory in which the assembly took place; or

• Where a "raw" product is brought into Australia specifically for processing and re-export, the value added should be attributed to the state or territory of processing, whilst the "raw" input should be attributed to "YY-FO".

For more information and treatment of more complex situations, please see Australian Customs and Border Protection Notice 2003/70 of 20 November 2003, available on the Customs and Border Protection website. NOTE: If goods are excisable product, the origin should always be shown as Australian goods. 31. GOODS ORIGIN COUNTRY CODE (MANDATORY IF GOODS ORIGIN CODE IS "YY-FO") Enter the ISO3166-1 two-letter code for the country where the goods were manufactured. For a list of the codes refer to Appendix 3 of this manual or table 1.5 “Countries” in the AHECC. The field requiring the identification of a foreign country code for export goods has been included on an Export Declaration to meet the new World Trade Organization (WTO) Agreement on Rules of Origin requirements. Information is available at www.wto.org. The country code known to be, or most likely to be the origin of the goods should be input. Information provided should not be misleading. Where the goods are made up of several components from various foreign sources, the country code for the place where the goods were manufactured (that is, the place where the goods were formed through a process, or a series of processes, that changed the nature, commercial character and identity of its components) should be nominated. If the goods were not manufactured (for example, the goods are merely a collection of unassembled components), the country code for the place where the majority of the components were manufactured should be nominated. 32. TEMPORARY IMPORT NO (MANDATORY IF AHECC IS 9902.20.xx) A number identifying the export of goods, which are temporarily, imported under sections 162 and 162A of the Act. The number is the "Full Import Declaration Number" assigned by Customs and Border Protection to the goods when they arrived in Australia with the intent of being subsequently exported. If goods are imported using a Form B46AA ‘Application for Permission to Take Delivery of Goods Upon Giving a Security or an Understanding for the Payment of Duty, GST and LCT’, then the number is the security number shown on the top of that form.

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33. NET QUANTITY (MANDATORY) The net quantity of goods is described in terms of the units prescribed in the AHECC, (e.g. KG, T, NO). If the unit prescribed by the AHECC is 'NR', the quantity details are not required, but NR must be shown in the units box. Net quantity should not include the weight of any additional packaging. 34. GROSS WEIGHT (MANDATORY) The gross weight is, in effect, the shipping weight of the goods. It should include the weight of any immediate packaging but not the weight of the container. Show weight in grams (G), kilograms (KG) or tonnes (T). 35. LINE FOB VALUE The free on board (FOB) value (or customs export value) of the goods quoted on this Export Declaration line (see Item 27). The FOB value should be expressed to the nearest dollar or major currency unit. 36. PERMIT DETAILS (PREFIX/PERMIT NO) A wide range of goods are prohibited from exportation unless an export permit is obtained from the appropriate agency. Details of export restrictions can be found in this manual. Further advice can be obtained from your legal adviser, Customs Broker, etc. Input the permit number given by the relevant permit issuing authority. Each permit issuing authority has its own permit prefix. The correct prefix must precede the permit number.

Assay details (element/concentration/unit) - on Form B957a “Export Declaration supplementary page” A chemical test determines the content of a particular element. Only input details if goods are minerals requiring an assay.

Element

Symbol

Unit

Description

Gold AU GPT (Grams per Tonne)

Silver AG GPT (Grams per Tonne)

Copper CU PER (Percentage)

Lead PB PER (Percentage)

Platinum PT PER (Percentage)

Nickel NI PER (Percentage)

Tin SN PER (Percentage)

Tungsten WO PER (Percentage)

Zinc ZN PER (Percentage)

DECLARATION (DOCUMENTARY DECLARATION ONLY) This is a declaration by the person responsible for the Export Declaration, which the details reported are an accurate representation of the goods exported in this consignment. Before signing, please ensure that all goods included in the consignment have been reported and that the Export Declaration has been completed accurately.

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The full name of the person making the declaration and the date and place of issue should be included on the Export Declaration. The usual signature of that person is required.

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Section 5 – Reporting and Movement of Cargo

What is a Main Manifest? A main manifest is a statement made by the master or owner of a ship*, the pilot or owner of an aircraft, or their agent, to Customs and Border Protection providing information concerning the cargo on board the ship or aircraft. The main manifest must be reported electronically by lodging a main manifest in the ICS. The only exception is for main manifests made under subsection 118A(3) of the Act, which may be communicated by giving a documentary form to Customs and Border Protection. * A ship is defined in section 4 of the Act as any ship used in navigation, other than air navigation, and includes: (a) an off-shore industry mobile unit; and (b) a barge, lighter or any other floating ship.

When is a Main Manifest used? Customs and Border Protection requires a main manifest to be lodged for every ship or aircraft that departs from a port or airport in Australia. The main manifest must be lodged with Customs and Border Protection no later than three working days after the day of departure of the ship or aircraft from an Australian port. The main manifest lists all cargo loaded on board the ship or aircraft. The cargo is identified by its Customs Authority Number (CAN) or relevant exemption code. The CAN may be:

• the CRN, if the cargo is an export consolidation; • the EDN, if the cargo was entered making an Export Declaration; • the Export Declaration exemption code, if the cargo is exempt from entry; or • the Transhipment Number, if the cargo has been transhipped.

If no cargo is loaded, a nil main manifest must be lodged.

Nil Manifest Reporting If a departing ship or aircraft is not carrying any export cargo, a manifest must still be lodged. This manifest specifically states that there is no export cargo loaded on the ship or aircraft and is called a "Nil Manifest". Nil manifests must be lodged electronically with Customs and Border Protection by shipping companies in the same manner as regular outwards main manifests.

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A nil manifest is created in ICS in the same way as a standard outwards manifest, however, once the manifest header has been created, the Nil Manifest Indicator should be set to 'Y'. Once the 'Nil Manifest Indicator' has been set to 'Y', no lines can be added to the manifest.

What about small craft?

Certain ship or aircraft are referred to as ‘small craft’:

• that are not carrying any cargo other than goods prescribed in Customs Regulation 100; and

• not being a ship or aircraft in respect of which, on its last voyage to Australia from a place outside Australia, a report of cargo was required under section 64AB of the Act.

Small craft must lodge a nil main manifest before a Certificate of Clearance is granted, however no departure report is required for these craft when a documentary (i.e. paper) main manifest is provided.

What is a Main Manifest Number (MMN)? A MMN is similar in format to an EDN in that it consists of 9 alphanumeric characters. A MMN is the number assigned by Customs and Border Protection to an electronic main manifest when the manifest has been validated and processed by the ICS. The MMN is used to group EDNs, CRNs, transhipments and exempt good lines into one reportable document for each ship or aircraft exporting goods. The date of departure of the ship is matched to the required Departure Report, which must be lodged prior to departure. Failure to communicate an outward manifest is a strict liability offence under section 119(3) of the Act. When the manifest is validated and processed it will be assigned one of the following statuses.

• CLEAR – the manifest has been validated without error; • ERROR – there is a validation error; or • WITHDRAWN – the manifest has been withdrawn.

The status of a main manifest can only be determined by checking the ICS.

How is the Main Manifest used? The main manifest is the final document in the export chain. It is the highest-level document and contains the information about all cargo loaded onto a ship or aircraft. The main manifest cannot be quoted on another document.

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The only exception to reporting an electronic manifest applies to those ships or aircraft that are exempt under section 118A of the Act to report electronically.

Sub-manifests A sub-manifest is a statement made by a consolidator to Customs and Border Protection providing information about a consolidation of goods. There are two types of sub-manifests:

• consolidation sub-manifests; and • slot sub-manifests.

Consolidation sub-manifests are consolidations of export goods into a single reportable entity prior to forwarding to a cargo terminal operator (CTO). A consolidation sub-manifest may cover part of a shipping container, an entire shipping container, or multiple shipping containers. In the air environment, a consolidation sub-manifest may cover a part of, or all of an aircraft container or multiple containers. A CRN is the CAN for consolidation, and replaces the EDN on a main manifest. Slot sub-manifests apply only to sea freight. They are used similarly to an outward manifest for a ship, but only relate to a share ('slot') of the ship. A slot sub-manifest cannot be CTO gate received, as the consolidation takes place after the goods are gate received. A Slot Sub Manifest Number (SSMN) is the CAN for consolidation, and replaces the EDN on a main manifest. A carrier may lodge an SSMN up to three days after a ship’s departure, but should be lodged before the main manifest. Sub-manifests must be reported electronically in the ICS. There is no provision in the Act to allow the sub-manifest to be made by document, and the ICS does not include the functionality to accept a documentary sub-manifest.

When is a Sub-manifest used? For Customs and Border Protection purposes, an export is the removal of goods, by ship or aircraft, from a place in Australia to a place outside Australia. The exportation of goods from Australia is subject to Customs control, and may be prohibited or subject to restrictions. The exportation of services is not subject to Customs control. Generally, goods intended for export must be entered for exportation, and will be assigned a CAN when an authority to deal with the goods is given. If export goods are consolidated before export with other export goods, the consolidator must prepare and communicate a sub-manifest to Customs and Border Protection. Customs and Border Protection will assign the sub-manifest a CRN, which is the CAN for the consolidation.

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What is a Consolidation Reference Number (CRN)?

A CRN is the number assigned by Customs and Border Protection to a sub-manifest when the sub-manifest has been validated and processed by the ICS. The CRN remains unchanged even if the sub-manifest is subsequently amended, withdrawn or cancelled. The CRN is a CAN, i.e. a number that can be shown on other documents as a reference to the authority to deal with the goods listed on the sub-manifest. The CRN is not sufficient evidence that there is authority to deal with the consolidation, but is necessary evidence of authority to deal with an export consolidation.

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Transhipment Cargo Transhipment is the transfer of goods without payment of duty and taxes from the importing ship or aircraft to another ship or aircraft engaged in international travel for the purpose of shipment overseas. The goods do not pass out of Customs control from importation until exportation. When a cargo report is submitted to Customs and Border Protection showing the cargo has a discharge port as an Australian port, but the destination port is not an Australian port, the ICS recognises that ultimately the cargo is destined for a place outside Australia. The ICS assigns the cargo report transhipment status, and will automatically generate a Transhipment Number. The transhipment number is a CAN and represents authority to deal with the cargo on both import and export.

Goods transferred to a domestic aircraft, coasting ship or other domestic mode of transport (road, rail, etc) to be carried to another Australian port or airport are moved subject to an Underbond Movement Request. The Underbond Movement provisions of section 71E of the Act cover such goods. Access to transhipment cargo by importers and/or their agents (excluding shipping/airline/freight forwarding agents) is not to be permitted, unless written permission has been granted by the Regional Director of Customs and Border Protection.

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Under bond movement request for transhipments

When an Underbond Movement application under section 71E of the Act is made electronically via the ICS, this is termed an Underbond Movement Request (UBMR). Where the request reason on an UBMR is 'transhipment', and an overseas destination port is nominated, the ICS will check the cargo report to see if there is a transhipment number attached. A transhipment number is a valid CAN for export. If a transhipment number does not exist, the ICS will generate the transhipment number for the related cargo report and assigns transhipment status.

For sea cargo, any one of the following parties can apply for an UBMR to move cargo:

• the shipping company; • the shipping company’s agent; • the cargo owner or agent; • the current or intended custodian of the cargo (stevedore or depot); or • the cargo reporter.

For air cargo any one of the following parties can apply for an UBMR to move cargo:

• the operator of the aircraft that carried the goods;

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• a cargo reporter who has reported the goods; or • a depot operator who has, or intends to take possession of the goods.

A licensed customs broker can also submit an UBMR for the purpose of transhipment where there is no associated Import Declaration.

Goods awaiting transhipment Where goods are to be transhipped and cannot immediately be forwarded from the import to the export ship or aircraft, they must be moved to a section 77G depot. Transhipment goods in a section 77G depot can be released by quoting a Customs Authority Number (CAN), being a transhipment number. An UBMR should be submitted to move cargo to the exporting CTO. Regardless of whether or not the original cargo report has a Transhipment Number, the UBMR should be for the purposes of ‘transhipment’ in the request reason field and the overseas destination of the cargo reported. All movement of cargo is to be reported by a CTO receival and removal notice.

Consolidation into containers Transhipment cargo may need to be repacked or consolidated before it is exported from Australia. Because transhipment cargo remains under Customs control from the time it is imported until it is exported, it can only be repacked at a section 77G depot. To allow the cargo to be moved to the depot, an UBMR should be submitted for the purposes of “Movement”. A transhipment number permits the removal of goods from a CTO or section 77G depot. Transhipment cargo that is repacked or moved is the responsibility of the Responsible Party, as specified on the UBMR. When the cargo is reported for export, all the Transhipment Numbers that relate to the cargo should be reported on either the relevant sub-manifest or main manifest. To move the cargo from the depot where it was repacked to the place of export an UBMR should be submitted to move the cargo to the exporting CTO.

Goods In-transit The term "transhipped goods" has a different meaning to the term “in transit”. Goods in transit are goods that stay on board the same international carrier and are not offloaded during stop-over periods, as depicted in the following diagram:

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What is a section 79 Warehouse? A licence issued by Customs and Border Protection under section 79 of the Act, is a licence to use a place for warehousing goods generally, goods included in a specific class or specified classes of goods or goods other than goods included in a specified class or specified classes of goods. Warehouse goods are those subject to Customs control, including prescribed warehouse goods (PWGs). Duty Free Stores are also licensed warehouses under section 79 of the Act, however, they are restricted to retail sales of goods to relevant classes of travellers only. Duty Free Stores adhere to different release requirements than other licensed warehouses. Requirements for Duty Free Stores are available from the Manager, Licensing Group, Sydney.

Warehouse Release and Return Goods for export can only be released from a licensed section 79 warehouse to either a licensed section 77G depot (for consolidation) or a wharf or airport. Warehouse operators are required to electronically report the release and return of prescribed warehouse goods into and out of their premises. The release and return reports sent to Customs and Border Protection require minimal information, however,

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failure to communicate these reports to Customs and Border Protection are strict liability offences. An Export Declaration must be lodged for the goods before a warehouse release notice can be lodged.

What is a section 77G Depot? Depots licensed by Customs and Border Protection under section 77G of the Act allow exporters to have goods packed or re-packed away from the wharf, while still under Customs control. Depot receival notices must be lodged when prescribed warehouse goods arrive at a depot from a warehouse, port or airport for the purpose of consolidation. Depot licences may be granted for the following purposes:

• to hold imported goods subject to Customs control; • to unpack imported from containers; • to hold goods for export subject to Customs control; and • to pack goods for export into containers (consolidation).

Depot categories, appropriate for the purposes above, are:

• Air cargo – CTO function • Air cargo – deconsolidation and consolidation of air cargo • Sea cargo – containerised general cargo (FCL and LCL) • Personal effects – sea • Personal effects – air • Postal articles only.

Other depot categories that have more restricted purposes are:

• Sea cargo – FCL container park (a) to hold imported goods subject to Customs control

• Sea cargo – non containerised general cargo (a) to hold imported goods subject to Customs control, or (b) to hold goods for export subject to Customs control.

Depot Release Goods subject to Customs control can only be released from a licensed section 77G depot to either another licensed 77G depot (for further consolidation), a cargo terminal (for export) or returned to a section 79 warehouse. Warehouse and depot operators are required to electronically report the release and receival of prescribed warehouse goods into and out of their premises. The release and receival reports sent to Customs and Border Protection require minimal information. Failure to communicate these reports to Customs and Border Protection are strict liability offences. A CAN for the goods must exist before a depot release notice can be lodged.

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Before cargo can be removed from a section 77G depot, application Form B959 “Application for permission to move, alter or interfere with export goods under Customs control” approved by Customs and Border Protection is required (Section 119AA and 119AB). The form is required whether an authority to deal is in place or has been withdrawn, suspended or cancelled. The form does not take the place of an electronic depot release notice.

Consolidations containing Prescribed Warehouse Goods Prescribed warehouse goods can only be consolidated at the premises of a licensed section 77G depot. The movement of prescribed warehouse goods into and out of a licensed depot must be reported electronically to Customs and Border Protection via a depot receival and depot release notice. Depots will be informed electronically by Customs and Border Protection of the impending arrival of prescribed goods (as detailed in the release notice from either a warehouse or another depot). Depot operators must ensure that a valid EDN exists for a consignment of prescribed goods prior to releasing it from the depot to be loaded on a ship or aircraft. Prescribed warehouse goods can only be released from a licensed section 77G depot to either another licensed 77G depot (for further consolidation), a cargo terminal (for export) or returned to a section 79 warehouse.

Prescribed Warehouse Goods for Export Requirements to give notice of the movement of prescribed warehouse goods are outlined in section 102A of the Act. The list of AHECC classifications for prescribed warehouse goods is in Schedule 1AAA of the Customs Regulations 1926. Prescribed warehouse goods may be customable or excisable goods (often referred to as underbond goods) but this may not always be the case. Before releasing goods for export (including prescribed warehouse goods) from a warehouse, the warehouse operator must ensure that a valid EDN exists for a consignment. The Export Declaration must have the 'Customable/excisable indicator' selected as 'Y' for prescribed warehouse goods, and specify the establishment ID for the warehouse. Prescribed warehouse goods for export, to be released from, or returned to, a licensed section 79 warehouse must be electronically reported to Customs and Border Protection on a warehouse release or warehouse return notice respectively. Prescribed warehouse goods can only be released from a licensed section 79 warehouse to either a licensed section 77G depot (for consolidation) or a wharf or airport (for export). The following diagram depicts the movement of goods and associated reporting procedures for prescribed warehouse goods for export.

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Underbond Goods Underbond goods are goods on which Customs or excise duty has not been paid and remain subject to Customs control (i.e. they are held in a section 79 warehouse or section 77G depot). Goods being released from a licensed section 79 warehouse for export must have a valid Export Declaration prior to being released. The Export Declaration for the goods must quote the relevant establishment code of the warehouse. When lodging an Export Declaration for underbond non-prescribed goods, the customable/excisable indicator should be selected as 'N' for no. While this indicator should be selected as 'N', it is still mandatory to include the warehouse establishment code for the releasing warehouse. The customable/excisable indicator must only be set to 'Y' for prescribed warehouse goods. The customable/excisable indicator will inform the system that the reporting requirements for prescribed warehouse goods will apply to that consignment. Customs and Border Protection will monitor Export Declarations to ensure that warehouse establishment codes are being correctly entered for underbond goods. The system will not create an error if the establishment ID is not entered, however, it will be the responsibility of the reporting party to ensure this is completed.

CTO Reporting The term cargo terminal operator (CTO) encompasses the following types of businesses:

• cargo terminal operators (in the air environment); and • container terminal operator (in the sea environment).

The export CAN must be reported to the CTO at the time of delivery of the goods. As goods arrive at the wharf or airport, the operator must report the arrival of those goods to Customs and Border Protection. It is an offence to fail to notify Customs and Border Protection that goods for export have been delivered to or removed from a wharf or airport. This offence is subject to the Infringement Notice Scheme. Once Customs and Border Protection has been notified of the arrival of the goods, Customs and Border Protection will advise the CTO whether the goods can be loaded for export by issuing a movement status of:

• LOAD – is Customs and Border Protection authority to load the goods a ship or aircraft for export; or

• DO NOT LOAD - means there is no authority to load the goods. It is an offence for the owner of a ship or aircraft to take on board goods required to be entered

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for export unless there is an authority to deal in force or the goods are exempt from reporting. This offence is subject to the Infringement Notice Scheme.

Some bulk goods, listed in Schedule 1AAC to the Customs Regulations 1958, are exempt from CTO reporting requirements as these may be stockpiled at the port or airport prior to export.

Empty containers for exports are not required to be reported by the CTO, however, the number of empty containers exported must be included in the header of the main manifest or slot sub-manifest.

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Cargo Movement Status The movement status indicates whether the goods can continue to move through to exportation. A movement status will be issued at various stages in the export chain for goods reported on the following Customs and Border Protection notices:

• Warehouse release notice; • Warehouse return notice; • Depot receival notice; and • CTO receival notice.

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The possible movement statuses are listed below. Note: The movement status assigned to the line of cargo does not affect the document status of the CAN.

Warehouse Release Notice (WARREL)

NO MATCH - occurs where any of the following conditions are true: • an AHECC on the release does not appear on the Export Declaration, or • the Accumulated Net Quantity for all matching AHECCs exceeds accumulated Net Quantity for all matching AHECCs on the declaration identified by the EDN, or • the Net Quantity Unit is not the same as the Net Quantity Unit used on the declaration. MATCH - occurs in all other circumstances.

Depot Receival Notice (DEPREC)

DO NOT CONSOLIDATE - occurs where an EDN or CRN has a document status of ERROR. HOLD (FOR CUSTOMS) - occurs where an EDN or CRN is subject to a ‘Hold at Customs place’ assessment as a result of profiling. The reported export consignment is of interest to Customs and Border Protection. CONSOLIDATE - occurs in all other circumstances.

CTO Receival Notice (CTOREC)

DO NOT LOAD - occurs where the authority to deal is not valid (i.e. an invalid CAN). HOLD (FOR CUSTOMS) - occurs where an EDN or CRN is subject to a ‘Hold at Customs place’ assessment as a result of profiling. The reported export consignment is of interest to Customs and Border Protection. LOAD - occurs when the reported export consignment has a valid CAN clear of errors, with no profiling match.

The CTO receival notice will be assigned a status according to the individual line movement statuses. If ALL lines of cargo listed on the CTO receival notice have a movement status of 'LOAD', then the CTO receival notice will have a document status of 'CLEAR'. If ANY line of cargo listed on the CTO receival notice has a movement status of 'DO NOT LOAD' or ‘HOLD’, then the CTO receival notice will have a document status of 'ERROR'. The CTO receival notice may be amended if lines of cargo were incorrectly reported. When this occurs, the movement status of each line and the document status of the CTO receival notice will be re-assessed. If the CTO receival notice has been withdrawn, the CTO receival notice document status will be 'WITHDRAWN'. If cargo is delivered to the wharf or airport and subsequently removed, the CTO receival notice should not be amended or withdrawn. In this case the CTO/cargo handler will have to lodge a CTO removal notice for the cargo.

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When the CTO receival notice has been assessed by the ICS, an electronic CTO receival notice response will be sent by the ICS to the CTO/cargo handler. For sea cargo an electronic message will be sent to the responsible shipping company advising whether the cargo may be loaded on board the ship for export. Before cargo can be removed from a CTO, application Form B959 “Application for permission to move, alter or interfere with export goods under Customs control” approved by Customs and Border Protection is required (Section 119AA and 119AB). The form is required whether an authority to deal is in place or has been withdrawn, suspended or cancelled. The form does not take the place of an electronic CTO removal notice.

Document and Notice Status Document or notice statuses and any corresponding conditions indicate the legal status of the goods and Customs and Border Protection authority to deal with those goods. The exception to this rule is where an Export Declaration has an incorrect or invalid permit or where the permit is absent from the declaration. A document (or notice) status is issued in the ICS for each notice Customs and Border Protection receives, as depicted in the following diagram.

Expired - Self √√√√

Expired - Tally √√√√

Expired - Reported √√√√ √√√√ √√√√

Expired - Carrier

Manifest√√√√ √√√√ √√√√

IDLE √√√√ √√√√ √√√√

Load √√√√

Do Not Load √√√√

Hold (for Customs) √√√√ √√√√

Match √√√√ √√√√

No Match √√√√ √√√√

Consolidate √√√√

Do Not Consolidate √√√√

Movement

Status’

EDN SSMNCRN TSHN MMN

Suspended √√√√

Embargoed √√√√

Revoked √√√√ √√√√ √√√√

√√√√ √√√√

Cancelled √√√√

√√√√Withdrawn √√√√ √√√√ √√√√ √√√√ √√√√ √√√√

√√√√ √√√√ √√√√√√√√ √√√√Error √√√√ √√√√ √√√√

√√√√ √√√√ √√√√ √√√√

Clear & Error

Conditions

Warehouse

Release

Warehouse

Return

Depot

Receival

Status

Values

Clear √√√√ √√√√ √√√√ √√√√

Exports Document/Notice Status' in ICS

Departure

Report

√√√√

√√√√

Depot

Release

CTO

Receival

√√√√ √√√√

CTO

Removal

√√√√

√√√√

Error Only

Conditions

Validation √√√√ √√√√ √√√√ √√√√

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Departure Reports and Main Manifests The electronic Departure Report provides Customs and Border Protection with basic information about the departure of the ship or aircraft, and must be lodged prior to the departure of that ship or aircraft. Customs and Border Protection clearance staff will ensure there is a Departure Report present prior to issuing a Certificate of Clearance. Customs and Border Protection requires that the main manifest be lodged within three days after the departure of the ship or aircraft from Australia. The departure date specified on the Departure Report begins the countdown for the lodgement of the main manifest. To link the Departure Report with the main manifest, other details such as flight number or voyage numbers are required.

Status for Departure Reports The Departure Report will be assigned a document status when it has been validated and processed. The possible statuses are:

• CLEAR – the report has been validated without error; • ERROR – there is a validation error; or • WITHDRAWN – the report has been withdrawn.

Certificate of Clearance The master or pilot of a ship or aircraft (or their agent) must obtain a Certificate of Clearance from Customs and Border Protection before a ship or aircraft can depart from Australia. Before a ship or aircraft can be granted a Certificate of Clearance, a departure report and an outwards manifest must be communicated to Customs and Border Protection. In the case of small craft, a Certificate of Clearance may be granted once a documentary ‘nil manifest’ is received. Additionally, Customs and Border Protection must examine documentation required to be sighted by other government agencies (for example, coastal voyage permits issued by the Department of Transport and Regional Services). After ensuring that all relevant government requirements are met, and that an Arrival Report has been lodged under section 64AA of the Act, Customs and Border Protection will issue a B958 “Certificate of Clearance”.

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Section 6 – Temporary Import-Export Reporting and Acquittal

Exportation of Goods Imported Temporarily Goods that have been temporarily imported into Australia must be reported upon export. For goods under carnet, the carnet document and goods should be presented to Customs and Border Protection. For other goods, the lodgement of Form B957 "Application under Subsection 162A(6A)" or an Export Declaration (section 162 of the Act) is required. The format of the application for permission to export and the Export Declaration is the same, and therefore an electronic application for permission to export can be lodged through ICS. A documentary (manual) application for permission to export can be lodged on an “Export Declaration” (B957 and B957a) form. Goods that were imported into Australia on a temporary basis with a security or undertaking are assigned a temporary import number (TIN), which must be included in the Export Declaration when the goods are re-exported. The AHECC code for temporary imports (9902.20.xx) requires a TIN before the Export Declaration is validated. For Export Declaration purposes, the goods may be classified under one of the following AHECC codes:

AHECC Description

Goods re-exported, being goods originally imported on a temporary basis, either:

9902.20.15 b Cargo, or

9902.20.25 b Non-cargo (under own power)

Other goods

9903.00.10 Passengers' personal effects for which a Customs entry is required

9903.00.91 Goods exported by the Australian Defence Force, for use by the ADF, for operational, training or military exercise deployment

Other goods

9903.00.92 Miscellaneous commodities not included in the merchandise trade (e.g., Australian owned ships and aircraft stores; goods the property of the Australian government and its representatives for projects carried out overseas)

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Notes:

b These items exclude goods where a change of ownership has occurred (e.g., goods given to a foreign government under a foreign aid scheme or goods sold to a foreign government). Where a change of ownership has occurred the relevant substantive item must be used.

Carnets Carnets are international Customs documents allowing duty and tax-free admission of goods temporarily imported under certain international conventions. Carnets consist of a number of exportation and importation vouchers and counterfoils, which are progressively signed, stamped and acquitted by the relevant Customs administration on arrival and departure of the goods. An Export Declaration and subsequent import declaration are not required for goods covered by a valid carnet. Australia accepts two different types of carnets. The first type is the Admission Temporaire/Temporary Admission (ATA) carnet, issued by Chambers of Commerce under the ATA Convention or the Convention on Temporary Admission (otherwise known as the Istanbul Convention). The second type of carnet is the Federation Internationale de l'Automobile/Alliance Internationale de Tourisme (FIA/AIT) or Carnet de Passage Douane (CPD) carnet. These are issued by motoring associations under the "Customs Convention on the Temporary Importation of Private Road Vehicles" or the Istanbul Convention. These carnets bear the mark of the FIA and the AIT.

ATA Carnets An ATA carnet can be used for the temporary admission of goods into countries that are signatories to the relevant conventions. Australia is a signatory to the following Customs Conventions:

• exhibitions, fairs and events; • commercial samples and advertising material; • scientific equipment; • professional equipment; • welfare material for seafarers; • pedagogic (educational) material; • facilities for touring; and • containers.

ATA carnets cannot be used for private motor vehicles.

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The Victorian Chamber of Commerce and Industry (VECCI) is the guaranteeing authority for ATA Carnets issued by themselves and their State affiliates.

Contact details for issuing authorities for ATA Carnets are at Appendix 10.

CPD Carnets CPD carnets are documents for the temporary admission of private motor vehicles and accessories issued under the "Customs Convention on the Temporary Importation of Private Road Vehicles" or Annex A of the Istanbul Convention for vehicles eligible under Annex C. The Australian Automobile Association (AAA) is the main issuing authority for CPD carnets in Australia. State automobile associations, e.g. NRMA, RACV and RACQ are agents for the AAA and are also empowered to issue carnets and negotiate and hold an appropriate security from the owner of the vehicle in case the terms of the carnet are not met in the country of temporary importation. The Australian Automobile Association (AAA) is the guaranteeing authority for CPD Carnets issued by the overseas affiliates of the AAA.

Contact details for issuing authorities for CPD Carnets are at Appendix 10.

Temporary Exportation of Goods Goods to be temporarily exported from Australia (not subject to carnet or entitled to use Form B263 “Goods Exported in Passenger Baggage”) are subject to normal export reporting requirements. For Export Declaration purposes, the goods may be classified under one of the following AHECC codes:

AHECC Description

9806.00.00 a Goods exported from Australia which are to be re-imported after industrial processing

Goods exported from Australia for repair, alteration or renovation and subsequent re-importation as either:

9901.10.10 b Cargo, or


Goods re-exported from Australia after repair, alteration or renovation

9901.20.10 c Value before repair, alteration or renovation, and

9901.20.20 c Value of repair, alteration or renovation

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Goods exported on a temporary basis and intended to be re-imported, either:

9902.10.10 b Cargo, or


Other goods

9903.00.92 Miscellaneous commodities not included in the merchandise trade (e.g., Australian owned ships and aircraft stores; goods the property of the Australian government and its representatives for projects carried out overseas)

Notes:

a Industrial processing refers to any manufacturing activity performed under contract, which substantively changes the nature of the goods. Examples include refining of crude oil into petroleum, transformation of fabric into clothing and vehicle assembly.

b These items exclude goods where a change of ownership has occurred (e.g., goods given to a foreign government under a foreign aid scheme or goods sold to a foreign government). Where a change of ownership has occurred the relevant substantive item must be used.

c Goods must be recorded against both statistical items (i.e. both AHECC codes must appear on the Export Declarations).

Australian Issued Carnets Goods specified in carnets issued by an Australian Issuing Authority are required to be exported and re-imported in accordance with sections 113(1) and 68 of the Act. Further information on carnets is detailed in Section 2 – Export Declarations under the heading ‘Goods covered by carnets’.

Contact details for Australian Issuing Authorities are at Appendix 10.

Use of Form B263 "Goods Exported in Passenger Baggage" Passengers and/or crew may have Customs and Border Protection verify pre-export ownership of specific goods temporarily exported from Australia to ensure they are not assessed for Customs duty, taxes and charges, or included as part of any concessional allowance, upon re-importation. Passengers may record such goods on a Form B263 ‘Goods Exported in Passenger Baggage’. This form is available from the Customs and Border Protection website www.customs.gov.au, or from Customs and Border Protection Offices at international airports.

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Form B263 cannot be used for goods that: • will be the subject of a claim under the Tourist Refund Scheme; • were bought duty/tax free in Australia, unless they have been imported previously; • cannot be readily identified (e.g. jewellery). Form B263 is commonly used for cameras and electronic equipment (e.g. laptop computers) which have unique serial numbers that can be easily recorded. The form may also be used for certain company equipment provided that the goods can be recognised as being for the use of the passenger whilst overseas, are not intended to be sold or traded overseas, and meet the criteria for inclusion on Form B263. Such goods are considered “personal effects” in these circumstances and are therefore exempt from Export Declaration requirements (unless a permit is required). At the time of the passenger’s departure, the form is endorsed and stamped (Port and Date) by Customs and Border Protection. When the passenger re-enters Australia, this form can be used as evidence to prove pre-export ownership of the goods (with serial numbers and quantities), if required. Other types of evidence can be used to support specific goods listed on Form B263 such as insurance policies and/or proof of purchase receipts.

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Section 7 – Requirements for the Archiving of Documents

Customs and Border Protection requires that documents be kept and/or archived for five years in accordance with section 240(1A) of the Act. Under section 240 of the Act, an authorised Customs and Border Protection officer may request those documents to be produced. In accordance to section 240AB of the Act, record that verifies the contents of communication with Customs and Border Protection should be kept for one year after the communication is made. A person who is the owner of goods exported from Australia must keep all the relevant commercial documents relating to the goods that come into that person's possession or control before, or come into that person's possession or control on or after, the declaration of those goods for export. These documents are necessary to enable Customs and Border Protection to be satisfied that the details on the declaration are correct. The owner must retain such documents for a period of 5 years after the declaration is made. Under section 4 of the Act, the term "owner" may mean any person (other than an officer of Customs and Border Protection) who has an interest in, or control of the goods in question. This term may be used for the owner, exporter or agent. The term "documents" may include such things as:

• any paper or other material on which there is writing; • any paper or other material on which there are marks, figures, symbols or

perforations having meaning for persons qualified to interpret them; • any paper or other material on which a photographic image or any other image

is recorded; and • any article or material from which sounds, images or writing is capable of being

produced with or without the aid of a computer or of some other device. Exemptions from the above include the keeping of commercial documents:

• by a company that has gone into liquidation and that has been dissolved; • by a class of persons that is declared by the regulations to be a class to which

this section does not apply; or • of a kind declared by the regulations to be commercial documents to which this

section does not apply.

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Division 3 Other Customs and Border Protection Requirements

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Section 1 – The Movement of Cargo

International Voyages and Flights Section 130C of the Act defines an international voyage as a voyage made by a ship between a place in Australia and a place outside Australia, whether direct or indirect. Similarly, an international flight is defined as a flight undertaken by an aircraft, whether direct or indirect, between:

• a place in Australia from which the aircraft takes off and a place outside Australia at which the aircraft lands or is intended to land; or

• a place outside Australia from which the aircraft takes off and a place in Australia at which the aircraft lands.

International Cargo on Domestic Legs of International Voyages or Flights All cargo loaded onto an international ship or aircraft must be reported to Customs and Border Protection on the outwards manifest. This includes cargo that is moved between two Australian ports or airports on an international ship or aircraft. In instances where cargo that is destined for export is moved domestically from one Australian port or airport to another on an international ship or aircraft, it should be reported to Customs and Border Protection using the appropriate Customs Authority Number (CAN).

Domestic Cargo Carried Between Australian Ports via an Overseas Port In some instances domestic cargo is moved from one Australian port to another Australian port via an overseas port, for example, from Fremantle to Singapore to Sydney on an international voyage or flight. A plane may load domestic cargo in Fremantle for discharge in Sydney, but travel via Singapore where it picks up international cargo that is also for discharge in Sydney. In accordance with section 118A of the Act, all cargo loaded on a ship or aircraft must be reported to Customs and Border Protection before the ship or aircraft is granted a Certificate of Clearance to depart (refer to the section titled "Certificate of Clearance"). This means that domestic cargo (that is, cargo loaded on to a ship or aircraft but not ultimately destined for a place outside of Australia) must also be included on the outwards manifest for that ship or aircraft.

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Domestic cargo that is not intended to be exported by is carried from one Australian port to another via an overseas port on an international voyage or flight does not require an Export Declaration. An exemption code should be quoted on any outwards main manifest or sub-manifest to report the cargo to Customs and Border Protection. The exemption code to be used in these instances is EXDC (exempt code for domestic cargo). Providing the domestic cargo has not been discharged at an overseas port, the goods are not considered to have been exported from Australia and there is no requirement for them to be entered for home consumption on arrival at their destination port in Australia. If domestic cargo is discharged at an overseas port before the return voyage to Australia, normal export requirements apply, that is, an Export Declaration is required as will an import declaration be required on arrival back into Australia.

Domestic Cargo carried on International Ships An international ship may engage in Australia's coasting (domestic) trade. Before domestic cargo can be carried interstate by a ship on an international voyage, the agent representing the ship's owners must first obtain permission from the Department of Infrastructure and Transport (DIT) to carry domestic cargo. This may be done in one of two ways:

• obtain a licence to engage in the coasting trade; or • apply for a Single Voyage Permit (SVP) or Continuing Voyage Permit (CVP).

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Under the Navigation Act 1901, a ship is deemed to be engaged in the coasting trade if it takes on board passengers or cargo at any port or airport in a State or Territory and delivers that cargo to a port or airport in another State or Territory. Passengers on through tickets to/from overseas and international cargo on through bills of lading are not considered to be part of the coasting trade. If a ship obtains a licence to engage in the coasting trade, the ship itself must be entered for home consumption. Both SVPs and CVPs are available on application and assist where a shipping company has a requirement to transport cargo and no licensed ship is available to carry the cargo in the time required. Where cargo is to be carried intrastate the ship must either obtain a permit from DIT or the relevant State/Territory transport authority. Failure to do so may result in the ship being required to be entered for home consumption.

Licences Under the Navigation Act 1901, any ship, irrespective of flag and crew nationality may be licensed by DIT to participate in Australia’s coastal trade. Licences are issued to a ship for a 12 month period and are renewable annually. A licensed ship may engage in the coastal trade at any time without a permit.

Single Voyage Permit (SVP) Single Voyage Permits (SVPs) exist for circumstances where there is a one-off unavailability for suitable licensed ships. An SVP is issued for a particular ship to carry a nominated number of passengers or amount of cargo between specified ports on particular days. A SVP is issued by DIT on the basis of a single voyage carrying Australian domestic cargo (of a stated amount) from one State or Territory port to a port in another State or Territory by ship. The carriage of the cargo may either form part of an international voyage or be a domestic voyage.

Continuing Voyage Permit (CVP) A Continuing Voyage Permit (CVP) is issued for up to three months and enables a ship to carry specified cargo between specified Australian ports for that period. The prerequisites for a CVP are the same as for an SVP, namely that licensed ships are unavailable or inadequate for the needs of the carrier.

Goods Lost En Route When goods have been exported from Australia and are subsequently lost en route to their destination, there is no need to amend the Export Declaration for those goods. For trade purposes, the cargo exported has left Australia and the exporter will receive payment for those goods, either in the form of payment from the buyer, insurance or a combination of the two.

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If any goods destined for exportation are lost between Australian ports or airports, the Export Declaration covering the consignment should be withdrawn if the exportation is cancelled, or amended where the consignment contains fewer goods than originally reported. An amendment or withdrawal is necessary for goods lost between Australian ports as those goods have not been exported from Australia (refer to the section titled "Meaning of Exportation").

Transferring Goods from a Supply Ship to an International Ship in Australian Waters Ships on a voyage to or from Australia, from time to time, undertake activities that result in a transfer of cargo to their ship from a coastal or international ship (supply ship). This activity generally occurs at sea. This can include, but is not limited to:

• the transfer of cargo to/from a supply ship, barge or tender; and • loading of ship stores.

Section 175 of the Act outlines the legislative requirements relating to the transfer of cargo between a coastal ship and a ship engaged in making an international voyage. The procedures to clear the supply ship and cargo are as follows:

• if the transfer of cargo is from a coastal ship, a section 175 permission must be sought from the relevant Clearing/Boarding area;

• if the transfer is to take place within Australia’s territorial sea or within 500 metres of an Australian resources installation or an Australian sea installation a section 175 permission is required, regardless of the status of the two ships; and

• if the supply ship already has International voyage status and the above does not apply, a section 175 permission is not required.

Goods loaded onto a supply ship for transfer to a ship that is engaged in an international voyage, where the goods are not intended to be discharged at another Australian port, are treated as export cargo. The exporter lodges an Export Declaration for all the goods showing:

• the foreign ship's Lloyd's Number (or Customs Ship Number) in the "Ship ID/Flight No." in the header details of the Export Declaration;

• 'Sea' in the Mode of Transport; • ZZ for unknown in the Final Destination Country Code; and • the name of the ship in the Consignee Name.

The master or owner of the supply ship lodges a manifest providing the Lloyd's Number (or Customs Ship Number) of the supply ship in the header details of that main outwards manifest. The Lloyd's Number (or Customs Ship Number) of the supply ship must be in the Ship Reference File in ICS (this is most likely if the supply ship is a domestic ship. Normal procedures will apply for the clearance of the Export Declarations and the main outwards manifest.

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For reconciliation of the Export Declaration and cargo, the goods must be manifested. The Mode of Transport should be identified on the Export Declaration as either Air or Sea. Although the destination of the goods is a ship, the Final Destination Country Code cannot be input as 'SHIP' because the code 'SHIP' is used for Ship's Stores only. Therefore, the Final Destination Country Code has to be input as ZZ on the Export Declaration. The ABS has advised that they will change the code to 'SHIP' when they receive the export data. If the goods being loaded onto the international ship are ship’s stores, a Form 43 “Request to load goods (other than cargo) onto a Ship” application will be required.

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Section 2 – Types of Goods Exported

Sale of Computer Software over the Internet Customs and Border Protection controls the exportation of goods from Australia to places overseas via sea, air and post. Where a contract of sale is negotiated over the Internet and the goods are sent to the overseas destination via sea, air or post, then normal Customs and Border Protection export reporting requirements apply. Computer software sent from Australia to another country via the Internet as an electronic message, however, is not deemed to be "goods" for the purposes of the Act. Software exported via the Internet will not require an Export Declaration unless a permit is required for the goods. While Customs and Border Protection does not control the export of software via the Internet, other government agencies may. In particular, the Department of Defence (Defence) regulates the exportation of material that is of a strategic or defence nature. If there is a possibility that the software exported via the Internet is of a strategic or defence nature or quoted in the "Defence and Strategic Goods List" (DSGL), the Defence should be contacted prior to export. Software or electronic images exported over the Internet may be considered to be objectionable and subject to Regulation 3 of the Customs (Prohibited Exports) Regulations 1958 (refer to the section titled "Attorney General’s Department").

Export of Currency The Australian Transaction Reports and Analysis Centre (AUSTRAC) must be advised when currency valued at AUD$10,000 or more (or equivalent in foreign currency) is to be exported. "Currency" means the coins and banknotes of Australia or a foreign country that are legal tender in the country of issue. This does not include currency that has not been issued or currency that is no longer in circulation. The term "currency" also excludes travellers cheques or other monetary instruments. The value of foreign currency should be determined using the current exchange rate. For currency exported from Australia by sea or air cargo or the post, an AUSTRAC Form 55 must be completed. For currency exported from Australia in the personal or household effects of a passenger, an AUSTRAC Form 53 must be completed (refer to the section titled " Australian Transaction Reports and Analysis Centre "). The face value of the currency must be reported to AUSTRAC. The lodgement of an Export Declaration with Customs and Border Protection does not eliminate the need for the exporter to complete an AUSTRAC Form 55 or Form 53 if the currency is valued at AUD$10,000 or more (or equivalent in foreign currency).

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Unissued banknotes and coins that are exported permanently must have an Export Declaration lodged with Customs and Border Protection when the FOB value exceeds AUD$2,000 value. The FOB value of such a consignment should not use the face value of the banknotes and/or coins, but the commercial value of the consignment. For example, a consignment of 10,000 x AUD$100 notes will have a face value AUD$1 million but may only have an FOB value of AUD$1,000 if the sale value of each note is AUD$0.10. The FOB value must also include the cost of any domestic freight and insurance to move the goods to the place of exportation. The Australian Harmonized Export Commodity Classification (AHECC) for banknotes, both of paper and polymer (plastic) is 4907.00.10; coins should be classified under heading 7118. Unissued banknotes and coins exported temporarily are to be classified to Chapter 99 of the AHECC. Those exported temporarily with the intention of being re-imported should be classified to 9902.10.00. Those being re-exported after originally being imported temporarily should be classified to 9902.20.00 (refer to the section titled "Use of AHECC Chapter 99"). The exportation of issued currency (that is, banknotes and coins in circulation) is considered by the ABS to be a financial transaction. Accordingly, such exportations are to be excluded from international trade and no Export Declaration is required by Customs and Border Protection. If, however, the exporter requires an Export Declaration, a declaration can be lodged using the AHECC 9903.00.90 for commodities not included in the merchandise trade. For exportations of banknotes and coins that are collectors' items, the market value (that is, the value of the banknotes and coins as collectors' items) should be included in the FOB value rather than the face value. The classifications used should be 4907.00.10 for banknotes and heading 7118 for coins that are legal tender and 9705.00.00 for coins of numismatic interest only. Exportations of coins and banknotes as collectors' items may also require a permit from the Department of Sustainability, Environment, Water, Population and Communities (refer to the section titled "Cultural Heritage"). If the banknotes and coins being exported as collectors' items are also legal tender, an AUSTRAC form may also need to be completed. These forms are available from AUSTRAC.

Contact details for AUSTRAC are at Appendix 13.

Export of Small Craft An Export Declaration is not required for:

• small craft leaving Australia after cruising around Australia on a Control Permit (formerly a Cruising Permit);

• yachts sailing overseas to engage in yacht races with the intention of sailing back to Australia;

• itinerant aircraft travelling through Australia with the intention of departing for an overseas destination; or

• Australian based aircraft that are travelling to an overseas destination but intend to return to Australia.

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If an Australian based small craft returns to Australia without having being sold or having any modifications or repairs undertaken while overseas, the owners will not be required to complete an Import Declaration on their return to Australia. A valid certificate of identification under the Shipping Registration Act 1981 must be produced in the sea environment to verify that the ship is of Australian origin. If there are any significant changes to the certified specifications of a small craft on its return to Australia (e.g. the rig is noticeably different and appears new or a new engine has been installed), then the Owner or Master must complete Customs and Border Protection import declaration formalities.

Permanent Exportation of Ships or Aircraft Any ship or aircraft permanently departing from Australia under its own power is required to be entered for exportation and receive a Certificate of Clearance before it departs Australia. Therefore, a ship or aircraft has been sold and is on a delivery voyage/flight overseas or if it is anticipated that the ship or aircraft will be disposed of whilst overseas, an Export Declaration should be submitted. A ship (including an off-shore industry mobile unit, barge, lighter or other floating vessel) or aircraft exported under its own power requires an Export Declaration to be lodged covering the ship or aircraft and all associated spares that are included in the terms of sale. Because the ship or aircraft is being exported under its own power, it will not appear on a manifest. The Export Declaration must be lodged using the “Export Goods Type" field of 'OP' (Own Power) to make the EDN self acquitting. Ship stores that are required but not included in the terms of sale are placed on the ship by making an application under section 129 of the Act on a Form 43 “Request to Load Goods (Other than Cargo) on to a Ship". An Export Declaration is required to be lodged for excisable goods that are stores and spares using "Export Goods Type" field of 'ST' or 'SP' as applicable. Any ship or aircraft spares that are for other ships or aircraft within the company are covered by an EDN and should be manifested as cargo. Any other cargo on board would need to be manifested, however, if no other cargo is on board a 'Nil Manifest' is required (refer to the section titled "Nil Manifest Reporting"). In the case of small craft reporting a ‘Nil Manifest, the EDN may be created with a self acquitting "Export Goods Type" field of 'SP' (spares). In all cases an "Application for Clearance" and a "Certificate of Clearance" are required (refer to the section titled "Certificate of Clearance") before the goods may be exported.

Motor Vehicles Exported as Personal Effects If a motor vehicle is being exported as part of personal and household effects, the motor vehicle should be treated as personal effects. An EDN is not required (subsection 113(2)(a) of the Act) and the motor vehicle should be reported on a manifest or sub-manifest using the exemption code EXPE.

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An officer must be satisfied that any goods exported using this exemption code are personal effects and not part of a commercial consignment. If an officer believes that the goods are part of a commercial consignment, an Export Declaration must be lodged.

Fodder Fodder is used to feed live animals that are exported. If the fodder is to be consumed on board the ship or aircraft, it is reported as ship’s or aircraft’s stores under the appropriate exemption code. If the fodder is destined for another country it is to be treated as a normal export and should be entered for export if an export permit is required or where the value of the fodder is over AUD$2,000. Some types of stock feed may require an AQIS permit. If the fodder is intended to be consumed on board the ship or aircraft, but is not, and is returned to Australia, the fodder should be entered for import as returned Australian goods.

Export of Disaster Relief Goods by Australian Government Advice regarding the treatment of disaster relief goods exported by the Australian Government should be obtained from the Manager, Import/Export Policy, Central Office.

Export of Goods owned by Charitable Organisations This covers organisations such as Australian Red Cross, Community Aid Abroad, World Vision etc. Exports of these goods are subject to normal export procedures i.e. Export Declarations must be lodged unless goods are exempt. For goods requiring an export permit, it must be obtained prior to the goods being exported.

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Section 3 – Revenue Issues

Export Duty There is no Export Duty on any goods exported from Australia.

Goods and Services Tax (GST) and Exported Goods Supplies of goods for export are GST-free, allowing export selling prices to be tax free. Legislation for GST implications on exported goods can be found in A New Tax System (Goods and Services Tax) Act 1999. A supply of goods for export is GST-free if the supplier exports them within 60 days of:

• the date any payment is made for the goods, or • if earlier, the date on which the supplier provides an invoice, or • If the goods are paid for in instalments:

- the date on which any of the final instalment is paid, or - if earlier, the date on which the supplier provides an invoice for the final

instalment. If the goods have not been exported before the end of the 60-day period and the Commissioner of Taxation has not allowed further time, the supply is not GST-free. If the supplier re-imports the goods into Australia the supply is not GST-free. If the goods have subsequently been re-imported into Australia by someone other than the supplier, the goods are taxable importations (unless covered by an exemption) and therefore subject to GST. In order to claim input tax credits, businesses must be registered for GST purposes and have an Australian Business Number (ABN). The Australian Taxation Office (the Tax Office) will verify that any goods on which input credits have been claimed have been correctly accounted for. In the case of goods supplied for export, the Tax Office requires exporters to keep appropriate records to verify that goods have been exported. Such records include the Export Declaration. It is important for businesses to provide Customs and Border Protection with accurate information about exports. If an exporter is registered for GST purposes and is a registered ICS user, the exporter should formally advise Customs and Border Protection of the ABN associated with their ICS mailbox. This will result in all declarations lodged via their ICS mailbox being attributed to the nominated ABN, unless another ABN is quoted in the declaration. If an exporter has registered for GST purposes, but is not a registered ICS user, the exporter is required to quote their ABN on the Export Declaration. If an exporter is using the services of an agent that is a registered ICS user, the agent must quote the exporter's ABN on the Export Declarations.

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Contact details for the Australian Taxation Office Call Centre for

Small Business are at Appendix 13.

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Section 4 – Other Issues

Military Flights

Australian Military Outward cargo must be reported on an outward manifest by the Air Movements Officer at the Royal Australian Air Force base responsible for the flight prior to clearance being given. Where goods are exported by the Australian Defence Force (ADF) on a military flight and remain the property of the Australian Government, no Export Declaration is required. The goods should be manifested with the exemption code EXDD. If the goods are to be sold or otherwise disposed of, then normal Export Declaration requirements apply. Any EDNs should be reported on the outward manifest. Personal effects may be quoted on the outward manifest using ICS exemption code EXPE. Form B263 ‘Goods Exported in Passenger Baggage’ may be used by ADF personnel for the temporary export of certain ADF owned equipment carried by them on an aircraft (e.g. cameras and computers, refer to Use of Form B263 ‘Goods Exported in Passenger Baggage’ section above). All goods subject to export controls require a permit from the relevant authority prior to export, whether the goods will be re-imported into Australia or not. An example of this includes medical items such as drugs and pharmaceuticals for which ADF personnel are required to obtain a permit for these goods from the Therapeutic Goods Administration prior to exportation. Military goods (subject to Regulation 13E of the Customs (Prohibited Export) Regulations 1958) that are exported by the ADF and remain the property of the Australian Government are exempt from permit requirements. If the goods are to be sold or otherwise disposed of, then export permits are required. Normal Customs and Border Protection processes apply to commercial exportations of ADF goods by private companies.

Foreign Military For military equipment brought into Australia on foreign military aircraft (normally for exercises approved by the Australian Government), no Export Declaration will be required. Section 274 of the Act requires the person in command of the arriving ship or aircraft to deliver details of all goods on board not being ship's or aircraft's stores. An un-coded and legible manifest of the cargo on board can be produced to Customs and Border Protection at the first port or airport of declaration to meet this requirement. A manifest is also to be produced at the last port or airport of departure to confirm export of the cargo. Examinations of cargo are to be conducted on a risk-assessed basis.

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The Customs (Prohibited Imports) Regulations 1956 and Customs (Prohibited Exports) Regulations 1958 exempt specified visiting foreign Defence Forces from import and export permits for certain defence goods when such forces arrive in Australia to participate in activities approved by the Government (such as combined exercises and training) and when they subsequently depart from Australia. Permits for all other goods subject to controls (e.g. drugs and pharmaceuticals) will be required from the appropriate authority.

Status of Forces Agreement General Cargo DSGL listed goods that were imported by a listed defence force, and are being re-exported by that defence force do not require export permission from the Department of Defence. This exemption extends to a member of the listed defence forces. The exemption does not extend to chemicals listed in Items ML7, 1C350, 1C351, 1C352, 1C353, 1C354 and 1C450 of the DSGL.

• Brunei Darussalam; • Canada; • Malaysia; • New Zealand; • Papua New Guinea; • the Kingdom of Cambodia; • the Kingdom of Thailand; • the Republic of Fiji; • the Republic of Indonesia; • the Republic of the Philippines; • the Republic of Singapore; • the United Kingdom; • the United States of America; • Tonga.

Although the shipping arrangement of the export may be conducted by a third party (freight forwarder), so long as the owner of the goods remains the Defence force, the exemption applies. The goods must be declared on an EDN, and should use AHECC 9903.00.92. An Export Declaration is only required for goods over AUD$2,000 in value, unless the goods require a permit. Permits are required for goods outlined in Appendix 8.

Courier Documents Courier documents are reported to an airline using Courier Baggage Vouchers. Customs and Border Protection has adopted a policy whereby documents can be reported as one line of cargo, quoting the exemption code EXLV (under AUD$2,000 in value) with consignee and consignor details being the air courier company in Australia handling the documents and the air courier receiving the documents in the overseas country.

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Unaccompanied Courier Baggage If the goods are valued at more than AUD$2,000, an Export Declaration is required to be lodged. The declaration must include consignee/consignor details (i.e. the actual exporter of the goods and the actual overseas receiver of the goods), Final Destination Country Code, Goods Description, Line FOB Value etc the same as general cargo. The 'Mode of Transport' field on the declaration will be 'Air'. If the goods are valued at AUD$2,000 or less per consignment, they are exempt declaration requirements and an appropriate exempt declaration code can be used on the manifest cargo line to report that cargo, for example, EXLV for goods with a value of AUD$2,000 or less.

Accompanied On Board Courier Baggage If the goods are "non document" and valued at more than AUD$2,000 then an Export Declaration is required. The 'Export Goods Type' field on the declaration will be a self-acquitting status of 'AB' (the EDN will not appear on a manifest). This only applies when the courier occupies a seat and the goods are accompanied baggage. Goods taken through Customs and Border Protection personally by a passenger on departure from Australia and consigned for transport as a passenger's allowed ticket baggage or as the passenger's excess baggage do not need to be reported on a manifest. Regulation 100(1)(c) of the Customs Regulations 1926 refers.

Courier Baggage Voucher (CBVs) The courier baggage voucher is the internal documentation system used by airlines for unaccompanied courier baggage (both document and non-document goods) and takes the place of the air waybill or a consignment note. Because these types of goods are usually consolidated, CBVs are usually used in conjunction with a sub-manifest.

Code Sharing of Aircraft Code sharing occurs when an airline assigns its airline designator code to a flight operated by another airline. When this occurs, there are two flight numbers for the same aircraft departure, one for the operating airline and one for the code-sharing airline. The code-sharing airline will also lease space on the aircraft for passengers and/or cargo from the operating airline. In this regard, code-sharing arrangements between airlines are similar to slot chartering arrangements between shipping companies. Code sharing arrangements between airlines are negotiated with DIT. While DIT requires all airlines (including those carrying out code-sharing arrangements) to report information such as the number of flights, the number of passengers carried and the amount of cargo carried, this is not equivalent to the data that Customs and Border Protection requires under the Act. The information reported to DIT is in the format of a monthly return, while Customs and Border Protection requires all information before each aircraft departure. As such, data required by Customs and Border Protection must be reported separately to that required by DIT. Since one aircraft will be assigned two flight numbers, code sharing gives the impression that there are two aircraft departing Australia. The Act requires main

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outward manifests to be lodged and Certificates of Clearance to be issued on the basis of aircraft departures, so only one outwards manifest must be lodged and only one Certificate of Clearance must be issued. Some code-sharing partners provide Customs and Border Protection with one outwards manifest each. This is contrary to the requirements of the Act. The owner or pilot of the aircraft (the operating airline) is responsible for all cargo loaded on board that aircraft and must present Customs and Border Protection with a manifest specifying all goods, other than prescribed goods, on board that aircraft (refer Manifest Reporting). When the code sharing airline lodges a separate manifest to that lodged by the operating airline, the cargo on the code sharing airline's manifest will not have been reported to Customs and Border Protection by the operating airline. The code-sharing airline should lodge a sub-manifest with Customs and Border Protection, quoting the cargo that is under their control. The resultant Consolidation Reference Number (CRN) should be quoted to the operating airline for inclusion on their outward main manifest. The operating airline will not be able to obtain consignment information about the code sharing airline's cargo from the CRN, but the status of that cargo (whether or not Customs and Border Protection has issued Authority to Deal with the goods) will be available. Where the distinction between the operating airline and code sharing airline is unclear, it is the responsibility of the airlines involved in the code sharing arrangement to come to an agreement as to which party is the operating airline and which party is the code sharing airline.

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Division 4 Export Prohibitions, Restrictions and Permissions

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Section 1 – Prohibitions and Restrictions

Customs and Border Protection not only administers the Act and regulations but also other export legislation on behalf of a number of permit issuing agencies. In certain cases, restrictions or prohibitions are not only expressed in the Customs (Prohibited Export) Regulations 1958 but also in relevant agency legislation. Customs and Border Protection may only seize or detain goods that are prohibited or restricted under Customs and Border Protection administered legislation. Customs and Border Protection has no authority to seize or detain goods that are prohibited or restricted under State or Territory laws unless the goods are also prohibited or restricted under Commonwealth legislation. Goods that are restricted (conditionally prohibited) under legislation may not be exported unless permission is obtained from the relevant permit issuing agency. Goods that are prohibited absolutely may not be exported in any circumstances. Prohibitions and restrictions generally seek to:

• protect the community (consumer protection and health and safety); • protect the environment; • meet obligations under international treaties, conventions, agreements etc to

which Australia is a signatory.

A summary of Customs and Border Protection administered legislation follows:

Australian Horticultural Corporation Act 1987 This act and regulations control the exportation of certain horticultural products and is administered by Horticulture Australia Limited (HAL). Export permits are required for oranges, apples, pears and dried grapes (sultanas, raisins and currants).

Wine Australia Corporation Act 1980 and Wine Australia Corporation Regulations 1981 This act and regulations control the exportation of Australian grape products. The Wine Australia Corporation is responsible for this legislation.

Commerce (Trade Descriptions) Act 1905 It is an offence under this act for exporters to knowingly apply any false trade descriptions to any goods destined for export or to export such goods. The Australian Competition and Consumer Commission (ACCC) is responsible for this legislation.

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Environment Protection and Biodiversity Conservation Act 1999 and Environment Protection and Biodiversity Conservation Regulations 2000 This legislation controls the:

• export of Australian native animals and plants (including parts, products and derivatives);

• export, re-export and import of species listed in the Convention on International Trade in Endangered Species of Flora and Fauna (CITES); and

• import of live animals. The Department of Sustainability, Environment, Water, Population and Communities (DSEWAP) administers this legislation.

Export Control Act 1982 The Australian Quarantine and Inspection Service (AQIS), an agency of the Department of Agriculture, Fisheries and Forestry (DAFF), is responsible for the administration of this legislation. The Export Control Act 1982 provides for the export control over certain primary goods prescribed under regulations and orders made under the Act and includes:

• Australian Meat and Live-stock Industry Act 1997; • Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998; • Australian Meat and Live-stock Industry Regulations 1998; • Australian Meat and Live-stock Industry (Export of Live-stock to Saudi Arabia)

Order 2005; • Australian Meat and Live-stock Industry (Live Cattle Exports to Republic of

Korea) Order 2002; • Australian Meat and Live-stock Industry (Standards) Order 2005; • Export Control (Orders) Regulations 1982; • Export Control (Animals) Order 2004; • Export Control (Eggs and Egg Products) Orders 2005; • Export Control (Fish and Fish Products) Orders 2005; • Export Control (Hardwood Wood Chips) Regulations 1996; • Export Control (Hay and Straw) Orders 2005; • Export Control (Meat and Meat Products) Orders 2005; • Export Control (Milk and Milk Products) Orders 2005; • Export Control (Organic Produce Certification) Orders; • Export Control (Prescribed Goods - General) Order 2005; • Export Control (Plants and Plant Products) Orders 2005; • Export Control (Regional Forest Agreements) Regulations; • Export Control (Unprocessed Wood) Regulations; • Export Control (Poultry Meat and Poultry Meat Products) Orders 2010 • Export Control (Wild Game Meat and Wild Game Meat Products) Orders 2010 • Export Control (Rabbit and Ratite Meat) Orders 1985

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Financial Transaction Reports Act 1988 This act assists the Australian Taxation Office (The Tax Office) and Federal and State law enforcement agencies in the detection of tax evasion and criminal activity. It requires persons carrying AUD$10,000 or more (cash) or foreign equivalent to report such movement into or out of Australia. The Australian Transactions Reports and Analysis Centre (AUSTRAC) is responsible for this legislation.

Hazardous Waste (Regulation of Exports and Imports) Act 1989 Permission is required to export or import hazardous waste or to transit such waste through any Australian port, roadstead (anchorage) or airport. The Department of Sustainability, Environment, Water, Population and Communities administers this legislation.

Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 This act provides for the control of the manufacture, import and export of all ozone depleting substances and synthetic greenhouse gases that are used to replace ozone depleting substances. The Ozone Protection and Synthetic Greenhouse Gas Team of the Department of Sustainability, Environment, Water, Population and Communities administer this legislation.

Protection of Movable Cultural Heritage Act 1986 and Protection of Movable Cultural Heritage Regulations 1987 This act and regulations control the export and import of the most significant aspects of Australia's movable cultural heritage, and provide for the return of the cultural property of other nations illegally imported into Australia. The Department of Sustainability, Environment, Water, Population and Communities administers this legislation.

Therapeutic Goods Act 1989 and Therapeutic Goods Regulations 1990 This act and regulations provides a national system of controls relating to the quality, safety, efficacy and timely availability of therapeutic goods used in or exported from Australia. The Therapeutic Goods Administration (TGA), an agency under the Department of Health and Ageing (DoHA), is responsible for this legislation.

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Wheat Export Marketing Act 2008 This act controls the export of bulk wheat. The Wheat Exports Australia (WEA) administers this legislation.

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Section 2 – Applications for Approval to Export Prohibited Goods

Where goods are subject to export prohibitions under any Commonwealth legislation, the exporter must apply to the appropriate department or agency for approval to export. Quoting of the permit, licence or other formal authority specified in the relevant legislation on the Export Declaration is usually regarded by Customs and Border Protection as evidence of approval to export. In some cases, the permit, licence or other formal authority such as written permission, may have to be sighted by Customs and Border Protection as evidence of approval to export.

Export Permits Issued by Australian Government Departments and Agencies Export permits are to be obtained from the relevant permit issuing agency for all goods subject to export prohibition or restriction prior lodging an Export Declaration. The permit number must be quoted on the Export Declaration. It is very important that permit numbers (including the permit prefix) are correctly shown on Export Declarations to enable the issue of an authority to deal. Where invalid permit numbers or endorsements such as 'unknown', 'not available', 'TBA' are input, an Export Declaration number will be issued but no authority to deal with the goods will be given. The EDN will be in ERROR, waiting on a valid permit. This means that the goods cannot be exported. All consignment details are periodically downloaded to the relevant permit issuing agency for reconciliation purposes. In addition, audits are undertaken by Customs and Border Protection to monitor compliance. The remaining sections of Division 4 outline the various export requirements of Australian Government departments and agencies.

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Section 3 – Attorney-General’s Department

Regulation 3 of the Customs (Prohibited Exports) Regulations 1958 relates to the export controls on the exportation of certain types of goods that are considered to be objectionable.

Objectionable Goods

Objectionable goods are that; (a) describe, depict, express or otherwise deal with matters of sex, drug misuse or

addiction, crime, cruelty, violence or revolting or abhorrent phenomena in a way that offends against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that the goods should not be exported; or

(b) 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); or

(c) in relation to a computer game - are unsuitable for a person under 18 to see or play; or

(d) promote, incite or instruct matters of crime or violence; or (e) promote or incite the misuse of a drug specified in Schedule 4 to the Customs

(Prohibited Imports) Regulations 1956. For the purposes of Customs regulation 3, a publications and other may include:

• books, magazines or papers; • films including a cinematography film, slide, video tape, video disc, DVD, laser

disc, CD-ROM and any other form of recording from which a visual image, including a computer generated image, can be produced;

• computer games; • computer generated images; or • other written or pictorial matter.

The Director and Deputy Director of the Classification Board are the persons delegated the authority by the Attorney-General to grant/refuse permission to export objectionable goods. If an exporter wishes to make an application for permission to export objectionable goods they should contact the Classification Operations Branch of the Attorney-General’s Department.

Contact details for the Attorney General’s Department are at Appendix 14.

Exporters should contact Customs and Border Protection for clarification of goods subject to these controls. Further advice on administrative arrangements may be sought from the Manager, Community Protection, Central Office.

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Section 4 – Department of Agriculture, Fisheries and Forestry

The Export Control Act 1982 (administered by the Department of Agriculture, Fisheries and Forestry (DAFF) provides control over the export of primary produce under regulations and orders made under that act and includes:

Export Control (Prescribed Goods – General) Orders 2005 These orders cover the administrative areas of legislation that are common to all the export food commodities, including requirements for registration of establishments and should be read in conjunction with individual commodity orders.

Export Control (Animals) Order 2004 These orders cover live animals and animal reproductive material which is declared to be prescribed goods under the Export Control Act 1982.

Export Control (Eggs and Egg Products) 2005 These orders apply to hens' eggs, and dried or liquid products made mainly from hens' eggs, where egg means an egg from an avian species, and egg product means the contents of an egg removed from its shell, and in liquid, frozen or dried form.

Export Control (Fish and Fish Products) Orders 2005 These orders apply to:

• fish - aquatic vertebrates and aquatic invertebrates including shellfish, aquatic amphibians and reptiles;

• fish products where the major component: (a) comprises the largest proportion of the fish product by weight

or volume or (b) is in such a proportion by weight or volume that if the ingredient is

withdrawn from the fish product, the fish product would no longer have the stated or implied described characteristics;

• fish or fish products that are not fully processed or not fit for human consumption but are suitable for further processing to make the fish and fish products fit for human consumption.

Export Control (Meat and Meat Products) Orders 2005 These orders apply to regulate the export of:

• meat and meat products, and • animal food pharmaceutical material as defined in the Export Control

(Prescribed Goods- General) Orders 2005.

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Export Control (Milk and Milk Products) Orders 2005

These orders apply to milk (other than colostrum) obtained from an animal of the bovine species; and the following milk products derived from milk (other than colostrum) obtained from an animal of the bovine species:

• flavoured milk and modified milk; • cream and thickened cream; • butter, butter concentrate, buttermilk, concentrated buttermilk, dairy blend, ghee

(clarified butter) and anhydrous milk fat (butter oil); • casein, caseinate and cheese; • whey, whey cream and concentrated whey cream; • cultured milk and yoghurt; • butter milk powder, lactose powder, milk sugar, powdered milk, skim milk

powder, whey powder, milk protein powder, condensed milk, milk minerals and other milk concentrates;

• dips containing yoghurt, cream cheese or other dairy base; • any other like milk product a major component of which is milk.

Export Control (Organic Produce Certification) Orders These orders apply to any products (food and fibre) labelled as 'organic', 'bio-dynamic' or words of similar intent.

Export Control (Plant and Plant Product) Orders 2005

These orders cover prescribed goods, being grains and plants and plant products that require a phytosanitary certificate or any other certificate required by an importing country government authority, including fresh and dried fruits and vegetables.

Export Control (Poultry Meat and Poultry Meat Product) Orders 2010 These Orders apply to and regulate the export of poultry meat and poultry meat products for human consumption and animal food derived from poultry. Pharmaceutical material for export derived from poultry is regulated by the Export Control (Prescribed Goods – General) Orders 2005

animal food means:

(a) a part of an animal or a poultry meat product to which a disposition has been applied under which it is to be recovered for food for animals; and

(b) inedible material that can be used for food for animals;

but does not include biscuits, dried hide pieces or rendered meals.

poultry includes fowls, ducks, geese, turkeys, pigeons, pheasants, quails, guinea fowls and other avian species ordinarily consumed as food by man, but does not include ratites (emu or ostrich).

poultry meat mans the edible part of poultry that is intended for human consumption, whether in its natural state or prepared by freezing, chilling, preserving, salting or some other process.

poultry meat product means a product containing poultry meat.

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Export Control (Wild Game Meat and Wild Game Meat Product) Orders 2010 These Orders apply to and regulate the export of wild game meat and wild game meat products for human consumption and animal food derived from wild game animals. Pharmaceutical material for export derived from wild game meat is regulated by the Export Control (Prescribed Goods – General) Orders 2005

animal food means:

(a) a part of an animal or a wild game meat product to which a disposition has been applied under which it is to be recovered for food for animals; and

(b) inedible material that can be used for food for animals;

but does not include biscuits, dried hide pieces or rendered meals.

wild game animals means a vertebrate animal (including a mammal, bird or reptile but excluding a fish) that:

(a) has not been husbanded in the manner of a farmed animal; and

(b) is killed in the field.

wild game animal carcase means the undressed or field dressed body of a wild game animal that is being or is intended to be dressed or prepared in a wild game meat processing premises and includes any associated organs.

wild game carcase means a wild game animal carcase that has been dressed or prepared in a wild game meat processing premises and has been passed for human consumption by an authorised officer.

wild game meat means any part of a wild game animal that has been killed.

wild game meat product means a product containing wild game meat.

Export Control (Rabbit and Ratite Meat) Orders 1985 These Orders apply to and regulate the export of rabbit and ratite meat and rabbit and ratite meat products for human consumption derived from rabbits and ratites Pharmaceutical material for export derived from rabbit or ratites is regulated by the Export Control (Prescribed Goods – General) Orders 2005

rabbit meat means a part of a rabbit that is intended for human consumption.

rabbit meat product means a food that has been processed beyond boning, slicing or trimming, other than soup, that is suitable for human consumption, being a food that:

(a) has been prepared from rabbit meat; or

(b) contains in excess of 5% by mass of rabbit meat.

ratite means an emu, ostrich or other species of flightless bird.

ratite meat means a part of a ratite that is intended for human consumption.

ratite meat product means a food that has been processed beyond boning, slicing or trimming, other than soup, that is suitable for human consumption, being a food that:

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(a) has been prepared from ratite meat; or

(b) contains in excess of 5% by mass of ratite meat.

Issue of Permits and Licences under the Export Control Act 1982 The Export Control Act 1982 and subsequent regulations and orders require that notices of intention to export be presented to DAFF within a prescribed timeframe. DAFF export permits or licenses must be quoted on an Export Declaration submitted to Customs and Border Protection by the exporter before the goods concerned are loaded onto the ship or aircraft for export. Ship or aircraft clearance will not be granted until the manifest has been acquitted (i.e. all EDNs and CRNs listed on the manifest are "CLEAR"). A clearance for restricted primary products may be issued in feeder ports if export permits have been quoted on the relevant Export Declaration and the EDN has a "CLEAR" status. Details of the permit, the container number and, where possible, the container seal number should be advised to the Customs and Border Protection Clearing Clerk at the port or airport of export.

Australian Quarantine and Inspection Service To assist exporters of primary produce, the Australian Quarantine and Inspection Service (AQIS), a statutory agency under DAFF, performs the following functions:

• inspection and certification of Australian products for export; and • information and services to exporters of Australian agricultural and fisheries

products. An exporter must fulfil all requirements and processes prescribed under the Export Control Act 1982, its regulations and as specified in the various orders and controls, as administered by AQIS, in order to export primary produce goods. AQIS registers premises for export operations. Export operations cannot commence until the exporter receives notification of approval by AQIS.

Export Control Act 1982 Prescribed Goods – DAFF Exceptions/Exemptions The following goods have been exempted from the requirements of the Export Control (Prescribed Goods - General) Order 2005 (under order 2.01) and are therefore not prescribed for DAFF reporting purposes:

• goods that are ship's stores or aircraft stores, being goods brought into or shipped in Australia for the use of the passengers and crew or for the service of the ship on a voyage, or the aircraft on a flight, from Australia;

• goods that have been imported into Australia and held in bond;

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• goods that are imported into Australia and re-exported in the same covering and under the same trade description as the covering and trade description in or under which they were imported;

• good that are consigned to an external territory for consumption within the territory;

• goods that are consigned to a resource industry structure that is installed within the Joint Petroleum Development Area (within the meaning given by the Petroleum (Timor Sea Treaty) Act 2003), for consumption on the structure; or

• goods that are exported in a consignment of no more than: - in the case of liquid goods - 10L; - for goods of any other kind - 10kg;

unless the laws of the foreign country to which the goods are being consigned require those goods to have an export permit and comply with the requirements of the foreign country. Order 3.1 allows the Secretary of DAFF to exempt prescribed goods if the goods are a commercial sample, and:

• in the case of liquid goods – no more than 50 litres in volume; and • for goods of any other kind – no more than 60 kilograms in mass; or • if the goods are for experimental purposes; or • in exceptional circumstances; or • in special commercial circumstances.

Individual commodity Orders, e.g. Export Control (Meat and Meat Products) Orders 2005, may contain specific instances in which those Orders do not apply to exports, and variations to the reasons for granting an exemption. Carry on packs of goods are covered by Schedule 3 of the Customs (Prohibited Exports) Regulations 1958. Prescribed goods that are within the limits specified in the paragraph above and contained in personal baggage or supplied to the person travelling to a foreign country, may have applied to the covering of the goods a certificate in the form of a label that indicates that the goods:

"are not for resale, have been inspected and were passed as suitable for human consumption in accordance with the Export Control Act 1982."

Where necessary, the label may also contain additional information, or a facsimile of the official mark that relates to those goods in accordance with a procedure, approved by the Secretary of DAFF. The Export Control (Prescribed Goods - General) Order 2005 exempts certain goods exported to New Zealand. Export control orders apply to prescribed goods being exported to new Zealand only of the goods are grain (within the meaning given by the Grain, Plants and Plant Products Orders); or plants, or plant products for which a certificate is required by or under a law of New Zealand. By an Instrument of Exemption under Order 12 the following goods have been exempted from the operation of the Export Control (Prescribed Goods - General) Order 2005 (i.e. no permit is required):

• food exported direct to Nauru by companies approved by the Nauru authorities; and

• kosher meat.

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Current exemptions are approved for the following companies:

• Nauru Corporation (Vic) Inc; • Nauru Phosphate Corporation; • Nauru Commerce, Trading and Construction Corporation; • Tiger Town Traders; and • Capelle and Partner.

AQIS Export Permits Goods prescribed under the Export Control Act 1982 and its subsequent regulations and orders will require:

• AQIS clearance in the EXDOC electronic system; or • a composite “Notice of Intention to Export Permit” (Form EX-28A) suitably

endorsed by DAFF; or • an “Export Clearance Declaration” (Form EX-222) issued by the exporter. This

form is not required to be endorsed by DAFF before Customs and Border Protection clearance may be granted.

An Authority Number (ANO) is allocated to an exporter by AQIS at the time of application for connection to EXDOC. An ANO allows the exporter to apply for an EDN before a full export permit is obtained. When a full export permit is issued, it will have one of the following AQIS export permit prefixes for prescribed goods. It is important that the correct prefix is entered in the ICS. PIA - (Primary Industry Authority Number) facility for EXDOC users requiring Customs and Border Protection clearance prior to notification of an Export Permit Number (EPN). PID - (Primary Industry Dairy) manual or automatically issued by EXDOC. PIE – (Primary Industry Egg) permit issued manually. PIF - (Primary Industry Fish) manual or automatically issued by EXDOC. PII – (Primary Industry Inedible Animal Products) manual or automatically issued by EXDOC PIG - (Primary Industry Grain) manual or automatically issued by EXDOC. PIH - (Primary Industry Horticulture) fresh vegetable permit, either manual or automatically by EXDOC. PIL – (Primary Industry Live animals) manual or automatically issued by EXDOC. PIM – (Primary Industry Meat) automatically issued by EXDOC. PIP – (Primary Industry Paper) for those meat products not yet covered by EXDOC (e.g., inedible meat) and those consignments covered by an Instrument of Exemption. PIV – (Primary Industry Viniculture) for dried fruit, issued manually.

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AQIS advises that phytosanitary certificates and request for Permits are not considered to be an export permit and cannot be quoted to export goods.

AQIS Electronic Reporting - the EXDOC System The EXDOC system issues export permits electronically for the following commodities and their products – meat, game, poultry, rabbit, milk, fish, grain, plant and horticulture. Customs and Border Protection officers are not required to sight permits for the exportation of prescribed goods. ICS requires electronic evidence of a permit number for those AHECCs that mandate one. ICS electronically verifies permits and enables verification and reconciliation with the EXDOC system. All permits must be prefixed with an indicator that allows them to be processed by ICS and forwarded to AQIS.

Live Animals and Animal Reproductive Material

For the purpose of the orders a live animal means:

• a live homoiothermic (warm-blooded) animal; or • any other live animal which is intended to be exported to a country which

requires certification as to any matter in relation to that animal. From 1 August 2006, a permit issued by the Secretary of DAFF or an authorised officer in accordance with the Export Control (Animals) Order 2004 is required only for the exportation of live animals for which the country of import requires a health certificate. If the importing country requires a health certificate for consignments of cold blooded animals (fish, aquatics, insects etc) then AQIS will ensure that the animals meet the importing country requirements and then issue the health certificate and export permit. Animal reproductive material means:

• an embryo, egg or sperm of an animal; or • any other part, or product, of an animal from which another animal could be

produced. The exportation of animal reproductive material is prohibited unless a permit has been issued by the Secretary of DAFF or an authorised officer in accordance with the Export Control (Animals) Order 2004. Whilst the permit is not required to be produced to Customs and Border Protection, the EDN covering the shipment must show the permit number prior to the export of the consignment. Where goods of a kind covered by the Export Control (Animals) Order 2004, other than live homoiothermic animals, are presented for exportation without a permit under those orders and there is doubt as to whether the receiving country requires any form of Australian certification regarding the goods, Customs and Border Protection will (in the absence of contrary evidence) accept a written statement signed by the exporter that "no Australian certification is required by the receiving country in respect to any matter regarding the goods". This arrangement does not abrogate the responsibility of the

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exporter to obtain an export permit in respect of such goods where an export permit is required by law. Where animals and certain animal reproductive material require a permit from DSEWPaC, the EDN for the goods must show the permit numbers from both DAFF and DSEWPaC.

Sheep and Sheep Breeding Material The exportation of uncastrated male merino sheep and female merino sheep, sheep semen, ova, embryos and other sheep breeding material may be permitted only with the prior approval of the Minister for the Department of Agriculture, Fisheries and Forestry Australia (DAFF) or his delegates on Form PI925 "Permit to Export Animals or Animal Reproductive Material". Whilst the permit is not required to be produced to Customs and Border Protection, the EDN covering the shipment must include the permit number prior to the export of the consignment. Application for export may be made at any regional office of DAFF. Information required to be provided on the application by exporters includes the name of the licensed exporter, the number, weight, sex and breed of sheep to be exported, the ship or aircraft, date and port or airport of departure, the name of the purchaser and port or airport of destination. Application forms are available from the offices of DAFF. Application for export of uncastrated male merino sheep and female merino sheep, sheep semen, ova, embryos and other sheep breeding material must be accompanied by a Statutory Declaration describing the quantity and breed of the material signed by the officer in charge of the breeding establishment and endorsed by the artificial breeding centre veterinarian. Prior to loading, live sheep will require certification as to their health and fitness to travel by the State Veterinary Services. Application for health certification is made through the State Chief Veterinary Officer. Health certification from the same source will be required for sheep ova, sheep embryos and other sheep breeding material.

Meat and Meat Products An export licence is required from AQIS to export: edible meat and meat products derived from cattle and bison, buffalo, camels, goats, deer, sheep, pigs, horses and donkeys. Meat, and meat products derived from mammals may be jointly covered by export permits issued by DAFF and DSEWPaC. In all instances, other than in exceptional circumstances, an export permit is to be generated electronically via the EXDOC system. In those circumstances where this is not the case, either an EX-28A or EX-222 will be issued. Where a shipment has been containerised and a DAFF seal has been applied, the container and DAFF seal numbers must appear on the export permit. These numbers

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will also be the means of identification of such containerised consignments. Regardless of whether the consignment is being exported in a shipping container or otherwise, a further prerequisite to the granting of the export permit is that the ship or aircraft and voyage/flight be shown on the export permit form. EX28A or EX222 meat export permits/declarations, are not valid unless the bottom two boxes on the DAFF permit form have been completed, i.e., signed, dated and stamped with the DAFF seal as indicated. Meat export permits remain valid for 28 days from the date they are granted (signed or electronically generated). Meat export permits, once granted, are valid only for the export of the meat in respect of which they have been issued. Where an EX28A or EX222 has been issued, any material alteration on these will render that permit invalid unless the alteration has been validated by a regional officer of DAFF with the application of the department's stamp or seal.

Contact details for AQIS are at Appendix 14.

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Grains Controls are placed upon the exportation of a number of grains in order to place mandatory controls on trade description and practical freedom from insects, pests and noxious weeds. Grains are prescribed goods under the Export Control (Plant and Plant Product) Orders 2005. A valid permit issued by AQIS in respect of each consignment must be quoted on an Export Declaration submitted to Customs and Border Protection before the goods are exported unless they are exempt (refer to section titled “Export Control Act 1982 Prescribed Goods – Exceptions/Exemptions”). For the purposes of the orders the following interpretations are placed on the terms as shown:

• “grain” means grain or seed of barley, canola, chickpeas, faba beans, lentils, lupins, oats, sorghum, soybeans or wheat;

• “barley” means whole, but not hulled, milled or malted, barley (Hordeum vulgare – whether 2-row or 6-row);

• “canola” means whole canola (Brassica napus var. napus); • “chickpeas” means whole or split chickpeas (Cicer arietinum); • “faba beans” means whole or split faba beans (Vicia faba); • “field peas” means dried seeds (Pisum sativum) that are angular or

spherical,with an unwrinkled skin, not of the varieties known as processing peas, vegetable peas, garden peas or peas in pod;

• “lentils” means whole or split lentils (Lens culinaris); • “lupins” means whole or split seeds of lupins (Lupinus angustifolius and Lupinus

albus); • “oats” means whole or clipped oats (Avena sativa and Avena strigosa),

excluding rolled, crushed, milled, hulled and kiln-dried oats; • “sorghum” means whole grain of sorghum (Sorghum � ndulate) and excludes

milled sorghum; • “soybeans” means whole, unmilled soybeans (Glycine max); and • “wheat” means whole grains of wheat (Triticum aestivum and Triticum durum),

excluding milled or malted wheat. Regulation 9AAA of the Customs (Prohibited Exports) Regulations 1958 provides that exporting bulk wheat is prohibited unless the exporter is accredited under the Wheat Export accreditation Scheme (the Scheme). Wheat Exports Australia (WEA) is established under the Wheat Export Marketing Act 2008 to administer the Scheme and is effectively the ‘Permit Issuing Agency’ for the control of bulk wheat exports. Exports of wheat in bags and containers, capable of holding not more than 50 tonnes of wheat, are not subject to the prohibition under regulation 9AAA.

Contact details for AQIS and WEA are at Appendix 13.

Organic Produce The Export Control (Organic Produce Certification) Orders prohibit the export of organic produce unless an Organic Produce Certificate accompanies that produce. Organic produce is defined as ‘produce that, for the purpose of marketing, is described as

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“organic”, “bio-dynamic”, “biological”, “ecological” or by any other word or similar indication’. Existing controls that apply to particular produce by virtue of the nature of the goods, as distinct from the aforementioned orders, which apply by virtue of the trade description associated with the goods, continue to apply. For example, the requirement for a “Notice of Intention to Export” and an “Export Permit” or requirements for a phytosanitary certificate remain. The export prohibition of organic produce without an Organic Produce Certificate is additional to, rather than in place of, other controls.

Unprocessed Wood The regulations covering export licensing of unprocessed wood are:

• Export Control (Unprocessed Wood) Regulations; • Export Control (Hardwood Wood Chips) Regulations 1996; and • Export Control (Regional Forest Agreements) Regulations.

An export licence is required from DAFF for the export of 2 tonnes or more of:

• woodchips; • wood in the round which is intended to undergo further processing following

export; • wood with a cross sectional area of 225 square centimetres or greater which is

intended to undergo further processing following export; and • sandalwood (effectively only sourced from Queensland and Western Australia).

Material sourced from the eleven areas covered by Regional Forest Agreements (RFA) is exempt from requiring an export licence. Material sourced from plantations is not subject to export licences (except from Queensland and Northern Territory). Hardwood woodchips sourced from native forest areas outside RFA regions are prohibited from export. Where licences are required, applications for licences should include:

• Name of exporter That is, the person, sole trader, partnership, company (with ABN number), that actually intends to export the material. Appropriate contact details should be included.

• Quantity, price and nature of wood to be exported This would include the appropriate unit of measurement, for example, cubic metres, bone dry units, green metric tonnes; whether hardwood (including Sandalwood) or softwood (including whether pine, Douglas fir or other species), logs (pulp or sawlogs), billets, poles or woodchips.

• Source of material That is, whether the material was derived from native forest or plantation, private or Crown land, whether already harvested or not. In the case of native forest

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material, the name of the region from where the material is sourced should be included. If the material is to be sourced from National Estate place (that is, areas on the Register or the Interim List of the Register of the National Estate), then details must be provided as to which area the material is from, together with a map of 1:100,000 specifying the source.

• Supplier of the material (where appropriate). • Port of loading and date of shipment (period of licence).

The shipping schedule may be provided where more than one shipment is involved.

• Country of destination, buyer’s name and end use. Unprocessed wood export permits are not required to be presented to Customs and Border Protection. However, exporters are required under ICS to ensure that the export licence number is included in the Export Declaration. Further information and applications for approval to export can be obtained from DAFF, Forest Industries.

Contact details for DAFF, Forest Industries are at Appendix 14.

Agricultural and Veterinary Chemicals Australia ratified the Stockholm Convention on Persistent Organic Pollutants (the Stockholm Convention) and the Rotterdam Convention on the Prior Informed Consent Procedure for Certain Hazardous Chemicals and Pesticides in International Trade (the Rotterdam Convention) on 20 May 2004. Under the Conventions, Australia is obliged to restrict the importation, exportation, use and manufacture of certain hazardous chemicals. Amendments were made to the Customs (Prohibited Export) Regulations 1958 to ensure Australia meets its obligations under the Conventions. The amendments complement the Agricultural and Veterinary Chemicals (Administration) Regulations (the AgVet Regulations) and the Industrial Chemicals (Notification and Assessment) Regulations 1990 (the Industrial Chemicals Regulations). The AgVet Regulations are administered by the Department of Agriculture, Fisheries and Forestry, while the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) administers the Industrial Chemicals Regulations. Exportations of chemicals listed in Schedule 2 of the Customs (Prohibited Export) Regulations 1958 require an export permit. If a controlled chemical is an active constituent (i.e. a substance primarily responsible for the biological or other effect identifying the product as an agricultural product or a veterinary chemical product) of a compound being exported for an agricultural or veterinary purpose, then a permit issued under the AgVet Regulations is required. If the controlled chemical is not an active constituent or is being exported for other purposes (e.g. as a reference standard), then

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a permit issued by the Minister for Agriculture, Fisheries and Forestry (or authorised officer) under regulation 4A of the Customs (Prohibited Export) Regulations 1958 is required. Some other chemicals and substances are subject to the Rotterdam and Stockholm Conventions, however, they are not specified in Schedule 2 of the Customs (Prohibited Export) Regulations 1958. These goods are controlled through other items of legislation: • exportations of PCBs, PCTs, PBBs and tris (2,3-dibromopropyl) phosphate are

covered by the Industrial Chemicals Regulations and are not subject to the Customs (Prohibited Export) Regulations 1958. A permit issued by NICNAS under the Industrial Chemicals Regulations is required to export these chemicals; and

• exportation of asbestos is covered by regulation 4 of the Customs (Prohibited Export) Regulations 1958.

All exported goods containing a chemical controlled under regulation 4A of the Customs (Prohibited Export) Regulations 1958 require a permit. To export the chemicals at items 72-76 in the List of Chemicals Subject to Export Control, a permit issued by NICNAS under the Industrial Chemicals Regulations is required.

Contact details for DAFF, Controlled Chemicals and NICNAS are at Appendix 14.

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Section 5 – Department of Resources, Energy and Tourism

The Department of Resources, Energy and Tourism (DRET) is responsible for administering regulations 9 and 13G of the Customs (Prohibited Exports) Regulations 1958. Exports of minerals subject to control in terms of these regulations may be approved by the Minister for Resources, Energy and Tourism or an authorised person.

Uranium and Other Nuclear Goods Regulation 9 of the Customs (Prohibited Exports) Regulations 1958 controls exports of nuclear source material and special fissionable materials as described in Schedule 7 of the regulations. These materials are uranium, depleted uranium and thorium (including thorium contained in monazite obtained from mineral sands, tantalum concentrates and tantalum glass), and special fissionable material. The controls reflect Australia’s international nuclear non-proliferation commitments and are designed to ensure such exports are only for peaceful purposes. The controls under regulation 9 do not impinge on commercial arrangements (such as price) but focus on ensuring that safeguards obligations are met. Before issuing export permits, DRET requires safeguards clearances from the Australian Safeguards and Non-Proliferation Office.

Schedule 7 Exports Uranium and the other goods listed in Schedule 7 can only be exported if approved by the Minister for Resources, Energy and Tourism or an authorised person. A Mineral Export Permit (MEP) is issued to the exporter and authorises exportation of the specified goods. In the case of uranium, the MEP is issued on a conditional long-term basis as determined by the Minister. For other goods, the MEP is issued on a short or long-term basis conditional on the documents referred to in the MEP. Export permits are required for individual shipments irrespective of the value of the consignment.

High Activity Radioactive Sources The Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) issues Export Permits for the exportation from Australia of high activity radioactive sources. These permits are issued under regulation 9AD of the Customs (Prohibited Exports) Regulations 1958, in accordance with Australia’s obligations under the International Atomic Energy Agency’s Code of Conduct of the Safety and Security of Radioactive Sources. Schedule 7A of the Customs (Prohibited Exports) Regulations 1958 provides a table of high activity radioactive sources. In order to export a high activity radioactive source, the exporting party is required to present a valid ARPANSA Export Permit signed by an authorised ARPANSA officer.

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An application can be made to ARPANSA by completing ARPANSA Form D062500 –Rev 1 Application for Customs Permission to Export High Activity Radioactive Source.

Contact details for ARPANSA are at Appendix 14.

Radioactive Waste Regulation 13G of the Customs (Prohibited Exports) Regulations 1958, effective from 1 January 2000, controls the export of radioactive waste to any Pacific Island Developing Country (PIDC) specified in the regulation. This prohibition reflects Australia’s commitments when the Convention to Ban the Importation into Forum Countries of Hazardous and Radioactive Wastes and to Control the Transboundary Movement and Management of Hazardous Wastes within the South Pacific Region (the Waigani Convention) to which Australia is a signatory, came into force. The following countries are PIDCs for the purposes of the Waigani Convention:

• Cook Islands; • Fiji; • Kiribati; • Marshall Islands, Republic of; • Nauru; • Niue; • Palau, Republic of; • Papua New Guinea; • Solomon Islands; • Tonga; • Tuvalu; • Vanuatu; and • Western Samoa.

Radioactive waste exports to a PIDC as specified in regulation 13G of the Customs (Prohibited Exports) Regulations 1958 may only be exported if approved by the Minister for Industry, Tourism and Resources or an authorised person. It is anticipated that export control of radioactive waste exports to a PIDC may be taken over by the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA).

Rough Diamonds Exports of rough diamonds are regulated under Regulation 9AA of the Customs (Prohibited Exports) Regulations 1958. The controls reflect Australia’s international commitments under the Kimberley Process Certification Scheme (KPCS) and are designed to ensure such exports are from a legitimate source and have not been used to finance armed campaigns against recognised Governments. The controls under regulation 9AA do not impinge on commercial arrangements (such as price) but focus on ensuring that KPCS obligations are met. Before issuing export permits, DRET requires documentation establishing the geological origin of the goods.

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Rough diamonds can only be exported if approved by the Minister for Resources, Energy and Tourism and or an authorised person. A Kimberley Process Certificate is issued to the exporter and authorises the exportation of the specified goods. Each certificate relates to a single export shipment. Kimberley Process Certificates contain a four part reference, e.g. MEP/234/KPC/039Q that the exporter must quote on the permit details field of the electronic Export Declaration or on the documentary declaration formed, when lodged manually. Export permits are required for individual shipments irrespective of the value of the consignment. All enquiries should be directed to the Minerals Development section of DRET.

Contact details for DRET are at Appendix 14.

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Section 6 – Department of Health and Ageing

Regulations 8, 10, 10A, 10B, 10C, 10D, 10E and 10F of the Customs (Prohibited Exports) Regulations 1958 detail the conditions governing the exportation of any of the goods listed in the following Schedules to the regulations. They are summarised below:

Export Authorisations for Regulation 8 - Schedule 6 Blood and Related Materials Regulation 8 and corresponding Schedule 6 of the Customs (Prohibited Exports) Regulations 1958 relate to:

• human body fluids, organs and other tissue including a part or constituent of material of that kind, if the internal volume of the immediate container in which the material is packed exceeds 50ml; and

• a substance derived from human blood. The exportation from Australia of human blood, organs and tissues including a part or constituent of material of that kind, and substances derived from human blood is prohibited, unless:

• approval is obtained in writing from the Secretary of the Department of Health and Ageing (DoHA) or a person authorised by the Secretary; or

• the goods are exempt from the above requirement. These requirements exist to ensure that blood and related products that are sourced from volunteer donations within Australia are not exported without the knowledge of the Red Cross who monitor supply levels in Australia. Please note that the Regulation 7 is no longer in force. Hence, export of human embryos is to be treated as export of any other tissue and a permit is only required if the size of the immediate container containing embryos exceed 50ml. Item 1 of Schedule 6 of the Customs (Prohibited Exports) Regulations 1958 refers to human body fluids, organs and tissue including a part or constituent of material of that kind. This includes human blood (including autologous blood), sera, bone marrow, red blood cells, urine, body parts, foetuses, placentas and other similar materials. A substance derived from human blood (see Item 2 of Schedule 6) refers to products such as blood fractions, immunoglobulins etc, which are manufactured from human blood. A permit is not required to export pathology and research samples where the volume of individual containers in the shipment (not the volume of the total shipment) is equal to or less than 50ml. Note also that the volume limit applies to the actual container volume, not the volume of the liquid contained in the container. Below are listed some examples of blood related goods requiring a permit:

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• two samples of 30ml human blood packed in 60ml vials – permit required; • two samples of 30ml human urine packed in 50ml vials – permit not required; • two 490ml samples of human marrow packed in 500ml bags and one sample of

human blood packed in 30ml vial – permit required for the bone marrow, no permit required for the blood;

• one hundred 10 ml samples of human blood, each packed in 20ml vials. Total shipment volume is 2 litres but no permit required.

Item 2 of Schedule 6 of the Customs (Prohibited Exports) Regulations 1958 refers to immunoglobulins and other blood fractions that are manufactured in Australia mainly by Commonwealth Serum Laboratories Limited. The most common of these are listed below, with their respective trade names:

• NSA (normal serum immunoglobulin) • AHF (anti-haemophilic factor, factor VIII) • PROTHROMBINEX (factor IX) • Factor VI • Hepatitis B lg • CMV lg • Rh(D) lg • Zoster lg • Tetanus lg • Normal lg IM • INTRAGAM (normal lg IV)

The volume limit referred to in item 1 does not apply to materials in item 2 of the Schedule (that is, all volumes require prior permission to export). Applications for approval to export and further information can be obtained from the Export Medicines Unit of the Therapeutic Goods Administration, Department of Health and Ageing.

Contact details for the Department of Health and Ageing TGA, Export Medicines Unit

are at Appendix 14.

Human Remains Human bodies and cremated human remains are not considered to be “goods”. Consequently, Customs and Border Protection and immigration rules on declarations for exportation do not apply. The DoHA does not issue documentation associated with the removal of human remains from Australia, however the Secretary of DoHA is still responsible for any permits issued under regulation 8 of the Customs (Prohibited Exports) Regulations 1958. There are no permit requirements associated with the removal of cremated human remains from Australia, however State Health authorities may issue certain papers for uncremated human remains. In all cases where human remains are proposed to be taken out of Australia, the people making the arrangements should be advised to seek

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advice from the local Health authorities and to obtain a death certificate for administrative reasons. Overseas carriers may also require certain conditions to be met prior to the transportation of deceased persons. Furthermore, consideration should be given as to whether the “remains” fall under the category of Cultural Heritage (refer to section on “Cultural Heritage”).

Export Authorisations for Regulation 10 and 10A - Schedule 8 Drugs Regulation 10 and Regulation 10A and corresponding Schedule 8 of the Customs (Prohibited Exports) Regulations 1958 relate to:

• narcotic drugs (e.g. morphine, pethidine, methadone, codeine, etc); • psychotropic substances (e.g. Lorazepam, Diazepam, Tempazepam, etc); and • other prohibited chemicals (e.g. ephedrine, .pseudoephedrine, amphetamine,

etc). This list is not exhaustive. A full list of drugs and preparations are specified in Schedule 8 of the Customs (Prohibited Exports) Regulations 1958. Exportation of Schedule 8 drugs is prohibited without the permission of the Secretary of DoHA or a person authorised by the Secretary. An exporter who holds a current Licence to Export and a Permit to Export, and who complies with the other requirements of regulations 10, 10A and 10B of the Customs (Prohibited Exports) Regulations 1958 may export drugs and preparations specified in Schedule 8. Any controlled substance, whether close to expiry or out of date, is still subject to export requirements. Licences and Permits are issued by the Secretary of DoHA, or a person authorised by the Secretary, and are prepared in quintuplicate (five copies). Three of the copies are sent to the exporter. Of these three copies, the original or the pink copy of the permit accompanies the goods. The triplicate or green copy is endorsed by the exporter when the export has been affected and the copy is then returned to DoHA within five days of export. The exporter is also supplied with a blue copy for their records. Either the original copy or the triplicate copy would need to be shown to Customs and Border Protection to verify the export. The Permit to Export states:

• the name and address of the Australian exporter; • the name and address of the overseas importer; • description and quantity of the drug being exported; • when the overseas country issues an import permit, the overseas import

permit number; • conditions of export, including the mode of transport; and • validation dates.

Each permit is valid for either three months from the date of issue or until the expiration of the overseas Import Permit, whichever is shorter.

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In general, Permits are issued for a single consignment of one drug. However annual Export Permits may be used to export certain small volume samples, such as reference standards for scientific use and are issued on a case by case basis. In these cases schedules are attached to the Permit to Export. Should Customs and Border Protection wish to sight the permit in the course of an examination of the consignment before it leaves Australia, the triplicate is to be produced by the exporter to DoHA on demand. It is to be returned to the exporter after the examination has been completed. Export permits are numbered according to the following specific format: CSHYYYYE9999X where: CSH = permit prefix

YYYY = the year of issue E = for ‘export’ 9999 = digits in the range 0-9; and X = check character.

In order for a person to export a ‘controlled substance’, that person must be the holder of a current Licence to Export and a separate Permit to Export for each ‘controlled substance’ in advance of the substance being exported. The legislation does not allow for the retrospective issue of a licence or Permit. Drugs covered by an overseas Import Permit may be exported in more than one consignment. However, a separate Permit to Export is required for each consignment. The description of a drug or controlled preparation containing a drug included on a permit will include the name used to describe the drug in Schedule 8, i.e. the international proprietary name. Where the drug is not in bulk but in small containers, ampoules or tablets, the permit sets out in detail their size and number. The basic drug content of each item is also shown. Permits to Export drugs in solutions, in ampoules or similar containers (where allowance is made for the fact that a hypodermic syringe cannot extract all the liquid) are to record the full amount of drug present, i.e., it is to include the overage. For example, an ampoule of Pethidine Hydrochloride 50mg/ml x 2ml ampoule (100mg in 2ml) contains 107.5mg of the drugs salt in 2.15ml of solution. Overage or volume in excess of the nominal volume in a single dose container for intravenous injection supplied in containers sealed by fusion of the glass is in accordance with the following table:

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Mobile Nominal Oily Excess Excess

Volume Volume (ml) Volume (ml)

0.5 0.1 0.12

0.5 – 1.0 0.1 0.15

1.0 – 2.0 0.15 0.25

2.0 – 5.0 0.3 0.5

5.0 – 10.0 0.5 0.7

10.0 – 20.0 0.6 0.9

20 2% 3%

In the case of exports to Papua New Guinea, the drugs must be addressed to the recipient care of the Regional Director of Customs at the port or airport of destination. Except in cases specially approved by the Secretary of DoHA, or a person authorised by the Secretary, all narcotic drugs exported to the Solomon Islands must be consigned to the Director of Medical Services, Honiara, and distributed by him/her. In the case of exports to Fiji, narcotics are required to be consigned to the Principal Pharmacist, Controller of Government Supplies, Suva, Fiji. Drugs or preparations granted exemption from import controls applicable to drugs in Schedule 4 of the Customs (Prohibited Imports) Regulations 1956 are not subject to export control. Additional information is available from the Manager, Community Protection, Trade Policy and Regulation Branch, Canberra. Some countries require documentation from the traveller to allow them to carry their medication. It is necessary to check with representatives of the countries (e.g. Embassies, Consulates or High Commissions) to obtain details of import requirements of the destination country. Applications for a Licences and Permit to Export controlled substances can be obtained from Treaties and Compliance in the Office of Chemical Safety, DoHA.

Contact details for the DoHA, Treaties and Compliance are at Appendix 14.

Descriptions of Drugs Care is to be exercised to prevent the unauthorised exportation of Schedule 8 drugs that may be described on documents inadequately or by unfamiliar names. Cannabis (Schedule 8, part 2, item 3) includes all forms of the plant of the genus Cannabis (living or dead), including:

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• any flowering or fruiting tops; • leaves; • seeds; • stalks; • any other part of a cannabis plant or plants; and • any mixture of parts of a cannabis plant or plants;

but does not include:

• cannabis resin (Schedule 8, part 2, item 4); or • cannabis fibre.

Cannabis that has been bred with a reduced level of THC (Tetrahydrocannabinol), often known as ‘industrial hemp’, is still subject to the export controls of regular cannabis. This includes all parts or cannabis plants as listed above.

Schedule 8 Drugs Exempt from Permit Requirements Preparations of dextropropoxyphene for oral use containing no more than 135mg base per dosage unit or with a concentration of not more than 2.5 per cent in undivided preparations are not classed as drugs for the purposes of regulations 10-10E of the Customs (Prohibited Exports) Regulations 1958. Accordingly, these goods are exempt from normal DoHA permit requirements. Examples of drugs containing dextropropoxyphene which do not require a Licence and Permit to Export from DoHA are:

• Capadex; • Digesic; • Doloxene; and • Paradex.

Narcotic Drugs Passing Through Australia Section 22 of the Narcotic Drug Act 1967 enables Australia to comply with Article 31, paragraphs 11 and 12 of the Single Convention on Narcotic Drugs 1961, which reads:

“11. A Party shall not permit any drugs consigned to another Country to pass through its Territory, whether or not the consignment is removed from the conveyance in which it is carried, unless a copy of the export authorisation for such consignment is produced to the competent authorities of such Party. 12. The competent authorities of any country or territory through which a consignment of drugs is permitted to pass shall take all due measures to prevent the diversion of the consignment to a destination other than that named in the accompanying copy of the export authorization unless the Government of that country or territory through which the consignment is passing authorizes the diversion. The Government of the country or territory of transit shall treat any requested diversion as if the diversion were an export from the country or territory of transit to the country or territory of new destination. If the diversion is authorized, then provisions of paragraph 7(a) and (b) shall also apply between

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the country or territory of transit and the country or territory which originally exported the consignment.”

As a matter of routine, the Customs and Border Protection Boarding Officer at the port or airport of first arrival is to ascertain whether there are consignments of narcotics on board a ship or aircraft which are destined for other countries and ask to sight the export authorisation which is issued by the authorities in the country of export and which is required to accompany the consignment. Where a consignment destined for another country is reported and the authorisation is sighted no further action need be taken. However, if the authorisation cannot be produced the matter is to be reported to the Australian Federal Police (AFP) who will check with the country of export or import on the authenticity of the consignment. Ordinarily, where an export authorization cannot be produced and confirmation of the authenticity of the consignment has not been received before the ship or aircraft leaves Australia, the drugs should be seized and delivered into the custody of a member of the AFP in accordance with subsection 204(4) of the Act unless the next port of call is in Australia, in which circumstance, follow up action should be directed to the Regional Manager, Exports, concerned. In any event the matter should immediately be reported to the AFP. Where some irregularity has occurred or is suspected in connection with the consignment, or the Customs and Border Protection Boarding Officer has received no cooperation from the Master, the matter is to be referred to the Regional Director for decisions as to whether the consignment is to be seized pending further enquires.

Export of Pharmaceuticals: Commercial Supply Unless specifically exempt, therapeutic goods which are intended to be exported from Australia for commercial supply must first be included in the Australian Register of Therapeutic Goods (ARTG) in the name of the sponsor of the goods. “Sponsor” in this case means a person who exports, or arranged the exportation of, the goods from Australia, but does not include a person who exports the goods or arranges the exportation of the goods on behalf of another person who, at the time of exportation, is a resident of Australia or is carrying on business in Australia. This generally means that intending exporters of such goods have two options:

• act as the sponsor of the goods and submit an application to include the goods in the ARTG prior to export; or

• arrange the exportation of the goods on behalf of the sponsor who already has the drug included in the ARTG. Prudent business practice would dictate that a written agreement/contract would be drawn up to facilitate such trade.

Both options require the support of the original Australian product sponsor. The product then authorised to be exported under these arrangements would need to be identical to that which is included in the ARTG in the name of the original product sponsor (e.g., product name, container type, indications, dosage). The commercial exportation of a drug which includes a ‘controlled substance’ (e.g., narcotics) requires a Licence to Export in addiction to being included on the ARTG unless exempted from this requirement. The movement of ‘controlled substances’

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between Australia and other countries is controlled by Australia under the Customs (Prohibited Imports) Regulations 1956 and the Customs (Prohibited Exports) Regulations 1958. In order for a person to export a ‘controlled substance’, that person must be the holder of a Licence to Export and obtain a separate permit for each ‘controlled substance’ in advance of the substance being exported. The legislation does not allow for the retrospective issue of a Licence or Permit. Exporters may also need to contact a State health authority regarding any requirements relating to drug procurement and storage.

Export of Pharmaceuticals: Drug Donations The Therapeutic Goods Act 1989 and Therapeutic Goods Regulations 1990 relate both to the supply of therapeutic goods in Australia and the export of therapeutic goods from Australia. Before being exported from Australia, therapeutic goods are required to be included in ARTG in the name of the sponsor of the goods, unless they have been specifically exempted from this requirement. Such an exemption may apply to certain shipments of therapeutic goods that are intended as donations/humanitarian aid to overseas destinations. To qualify for the above exemption, the goods must have been acquired legally and meet the following three criteria (extract from Schedule 5 of the Therapeutic Goods Regulations 1990):

• they are not for commercial supply; • they do not contain a substance the exportation of which is prohibited under the

Therapeutic Goods Act; and • they are not intended for clinical trials on humans.

With respect to the second criterion above, drugs containing narcotics (including codeine), psychotropic substances, ephedrine, pseudoephedrine and other similar entities may require Licence and Permit to Export. A drug donation that includes a ‘controlled substance’ (e.g., narcotics) requires a Licence and Permit to Export. The movement of ‘controlled substances’ between Australia and other countries is controlled by Australia under the Customs (Prohibited Imports) Regulations 1956 and the Customs (Prohibited Exports) Regulations 1958 of the Act. In order for a person to export a ‘controlled substance’, that person must be the holder of a current Licence to Export and a separate Permit to Export for each ‘controlled substance’ in advance of the substance being exported. The legislation does not allow for the retrospective issue of a Licence or Permit. The Treaties and Compliance Unit in the Office of Chemical Safety, DoHA is the agency responsible for the issue of Licences and Permits to allow the export of controlled substances such as narcotics, psychotropic substances and drugs and chemicals of concern. The Therapeutic Goods Administration (TGA) is responsible for a wide range of drugs, chemicals and medical devices. Enquiries concerning the export of medical items, depending on the nature of the goods being exported, should be directed to this organisation.

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If any item to be exported was obtained as a Pharmaceutical Benefit item, then it is necessary to contact the Health Insurance Commission. Exporters may also need to comply with State requirements relating to the possession and storage of the drugs intended for export. For details, contact the Chief/Duty Pharmacist in the relevant State health authority. As applicable, further information on the export of pharmaceutical donations can be obtained from the Export Medicines Unit within the Therapeutic Goods Administration, Department of Health and Ageing.


are at Appendix 14.

Australian Guidelines for Drug Donations to Developing Countries

Core Principles A donation is intended to assist the recipient. Donations should be based on an expressed need. Donor-initiated donations where the recipient’s advice has not been sought are unhelpful. Donations must support essential drug policies. Respect must be given for the authority of the recipient and the receiving country’s administrative arrangements. There should be no double standards. If the quality of an item is not acceptable in Australia it is unacceptable as a donation. Therefore the collection and redistribution of patients’ unused medicines is not permitted. Australia’s core principles are based on the principles laid down by the World Health Organisation (WHO) and can be found at: http://whqlibdoc.who.int/en

Selection of Drugs All drug donations should be based on an expressed need. Drugs should not be sent without the recipient’s prior clearance. A written request should be obtained from a competent authority in the recipient country. The health facility receiving the drugs should be required to acknowledge receipt of the donated medicines. This provision excludes donor-driven donations, or donations which arrive unannounced and unwanted. It encourages recipients to specify their needs, and empowers them to refuse unwanted gifts. All donated drugs should be on the national list of essential drugs of the recipient

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country or, if such a national list is not available, on the WHO Model List of Essential Drugs. This provision ensures that drug donations comply with existing government policies and with the essential drugs concept. It aims at maximising the positive impact of the donation, and excludes the donation of unnecessary or dangerous drugs, and drugs which are not specified for use in that country. The presentation and strength of donated drugs should, as much as possible, be similar to those commonly used in the recipient country. Most staff working at different health care levels in the recipient country have been trained to use a certain dosage schedule and dosage forms. Treatment guidelines cannot be constantly changed. The donation of vaccines is not appropriate because of the logistical problems associated with transport and storage. Donations of money for purchasing vaccines are more helpful, so cold chain facilities can be put in place, and the right quantity and type of vaccine and associated supplies can be ordered at the right time. Donations for vaccine purchase should only be directed to a responsible agency that has an accepted role in immunisation program such as Australian Red Cross, Medecins Sans Frontieres, UNICEF, Save the Children Fund and World Vision Australia.

Quality and Shelf Life All donated drugs should comply with quality standards in both the donor and recipient country. This provision prevents double standards. For example, donations of unused drugs (returned drugs from patients or doctors’ free samples), which would not be acceptable for use in Australia, should not be donated to another country. All donated drugs should have a remaining shelf life of at least one year after the arrival in the recipient country. Considerable periods of time may elapse before donated drugs are transported, cleared through Customs and Border Protection, relocated to a warehouse, contents identified and recorded, and the drugs dispatched to the place of use. Distribution may take many months as drugs are moved from a central store, to provincial stores, to district hospitals and other peripheral health facilities. Very few possibilities for immediate distribution usually exist.

Presentation, Packing and Labelling All drugs should be labelled in a language that is easily understood in the recipient country. The label should contain at least the International Non-proprietary Name (NN, or generic name), dosage form, strength, manufacturer’s name, storage conditions and expiry date. Product information and consumer product information (where available) should be included for each of the drugs sent. Generic names can be understood in any country where Roman script is being used. Training programs are based on the use of generic names. Receiving the same drug

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under many different and often unknown brand names is very confusing to the health workers and can even be dangerous. The use of generic names also prevents brand name loyalty being inadvertently promoted by the donor. Many health facilities in developing countries do not have access to current, complete and accurate drug information. Where national treatment guidelines are not in use, it is important that prescribers and dispensers are provided with this information to ensure safe use. As much as possible donated drugs should be presented in larger quantity units. Larger quantity packs are more cost-effective as they are cheaper and less bulky to transport. This should not be taken as encouragement to repack drugs from different batch lots and expiry dates into one container.

Export and Transport All drug donations should be packed in strong outer cartons and be accompanied by a detailed packing list that should specify the contents of each carton by generic name, quantity and expiry date. Cartons should be numbered and the contents of each carton listed in detail in the accompanying documents. In addition, the contents of cartons should be marked on the outside of cartons, preferably using a code system. Prior advice to the recipient of the contents and labelling of each carton will assist in identifying those items in the consignment that are required urgently after arrival (instead of having to unpack the whole shipment) and will assist in directing items that may be intended for different centres. A code numbering system for listing contents on the outside of packs is better than the use of the names of items which can facilitate pilferage. Preparation for consignment of goods must be undertaken in close cooperation with the recipient to determine the transport and clearance arrangements, documents needed by the recipient, and the costs that need to be met by the donor. The recipient will require advance details of the content of the shipment and its time of arrival. In most cases international transport, customs warehousing, clearance costs and internal transport will need to be paid by the donor. However, in some cases the recipient is able to cover the cost of clearance and internal transport. Agencies should make their own arrangements to comply with Customs and Border Protection documentation requirements at all dispatch, transit and declarations points. The recipient will know the local requirements for receiving and clearing consignments and will be able to make preparatory arrangements for prompt clearance in advance. It is most important that shipments are met on arrival. Having a consignment lying on the docks or in a store somewhere, without attention, is also potentially disastrous, and can be very expensive. These provisions also prevent the recipient having to spend effort and money on the clearance and transport of unannounced consignments of unwanted items, and enables the recipient to review the list of donated items at an early stage. However, it does not exclude costs being paid by the recipient, if prior notice has been given and agreement has been reached.

Federal Permits The export of certain drugs, including drugs of addiction, i.e. drugs listed in Schedule 8 of the Standard for the Uniform of Medicines and Poisons, psychotropic substances such as stimulants, barbiturates and benzodiazepines as well as drugs and chemicals

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of concern such as ephedrine and pseudoephedrine, requires a Licence and a Permit to Export issued by the Secretary of the DoHA or a person authorised by the Secretary. This written permission must be obtained prior to the shipment leaving Australia. Special conditions apply to the issue of a written permission to cover an immediate response to an emergency. As applicable, further information on the export of pharmaceuticals can be obtained from the contacts below. If the items do not require a Licence and a Permit to Export, and provided the drugs have been legally acquired within Australia, are not for commercial supply and are not intended for use in clinical trials, there is no requirement to provide any documentation to the Federal authorities. Information on the export of drugs for donation can be obtained from the Export Medicines Unit within the Therapeutic Goods Administration, Department of Health and Ageing.


are at Appendix 14.

Information on the export of controlled substances can be obtained from Treaties and Compliance, Office of Chemical Safety, Department of Health and Ageing.

Contact details for DoHA Treaties and Compliance are at Appendix 14.

WHO Guidelines All drug donations should be based on an expressed need and be relevant to the disease pattern in the recipient country. Drugs should not be sent without prior consent of the recipient. All donated drugs or their generic equivalents should be approved for use in the recipient country and appear on the national list of essential drugs or, if a national list is not available, on the WHO Model List of Essential Drugs, unless specifically requested otherwise by the recipient. The presentation, strength and formulation of donated drugs should, as much as possible, be similar to those commonly used in the recipient country. All donated drugs should be obtained from a reliable source and comply with quality standards in both donor and recipient country. The WHO Certification Scheme on the Quality of Pharmaceutical Products Moving in International Commerce should be used. No drugs should be donated that have been issued to patients and then returned to a pharmacy or elsewhere, or were given to health professionals as free samples. After arrival in the recipient country, all donated drugs should have a remaining shelf life of at least one year.

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All drugs should be labelled in a language that is easily understood by health professionals in the recipient country, the label on each individual container should at least contain the NN, batch number, dosage form, strength, name of manufacturer, quantity in the container, storage conditions and expiry date. As much as possible, donated drugs should be presented in larger quantity units and hospital packs. All drug donations should be packed in accordance with international shipping regulations and be accompanied by a detailed packing list which specifies the contents of each numbered carton, by NN, dosage form quantity, batch number, expiry date, volume, weight and any special storage conditions. The weight per carton should not exceed 50 kg. Drugs should not be mixed with other supplies in the same carton. Recipients should be informed of all drug donations that are being considered, prepared or actually underway. In the recipient country the declared value of a drug donation should be based upon the wholesale price of its generic equivalent in the recipient country or, if such information is not available, on the wholesale world-market price for its generic equivalent. Costs of international and local transport, warehousing, port or airport clearance and appropriate storage and handling should be paid by the donor agency, unless specifically agreed otherwise with the recipient in advance.

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Section 7 – Medicare Australia

Medicare Australia is working with Customs and Border Protection to stop Pharmaceutical Benefit Scheme (PBS) subsidised medicine being illegally exported overseas. Under the National Health Act 1953, it is illegal to take or send PBS subsidised medicine out of Australia for reasons other than for the personal use of the exporter or another person, such as a child or elderly relative accompanying the exporter. This act was amended in 1999 and gives Customs and Border Protection the ability to detain goods that the officer is not satisfied are being taken or consigned for export in accordance with the National Health Act 1953.

Export Controls on PBS subsidised substances Section 99ZI of the National Health Act 1953 refers to the restrictions placed on the export of drug like substances. A person must not carry or consign drug like substances from Australia unless:

• the drugs are not prescription drugs;* • the prescription drugs have no Commonwealth benefits that have been paid or

are payable; or • the prescription drugs are for personal use or for use of another person

travelling in the company of the exporter. *NB. The Department of Health and Ageing (DoHA) has policy responsibility for certain drugs and therapeutic substances prohibited for export under the Customs (Prohibited Exports) Regulations 1958 (see Section 6 – The Department of Health and Ageing). It is also an offence to export more than the designated quantity of a PBS medicine. The maximum penalty for this offence is two years imprisonment. The designated quantity can be calculated using the formula set out in Section 103(4AC) of the National Health Act 1953: MQ x (RA + 1) x 2 where:

MQ is the quantity or number of units of that pharmaceutical benefit that is determined by the Minister, under paragraph 85A(2)(a) of the National Health Act 1953, to be the maximum quantity, or the maximum number of units, of that pharmaceutical benefit that may, in one prescription, be directed to be supplied on any one occasion; and

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RA is the number (if any) that is determined by the Minister, under paragraph 85A(2)(b) of the National Health Act 1953, to be the maximum number of occasions on which the supply of the pharmaceutical benefit may, in one prescription, be directed to be repeated.

A definition of drug like substances covered by the PBS includes but is not limited to:

• aerosols; • ampoules; • capsules; • creams; • foams; • gels; • implants; • lotions; • ointments; • patches; • pessaries; • sprays; • suppositories; • syrups; • tablets; and • vials.

Contact details for the Travelling with PBS Medicine Enquiry Line are at Appendix 13.

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Section 8 – Department of Defence

Regulation 13E of the Customs (Prohibited Exports) Regulations 1958 prohibits the exportation of goods specified in the Defence and Strategic Goods List (DSGL). The Defence Export Control Office (DECO) is the permit issuing authority for goods listed in the DSGL. Exportation of goods listed in the DSGL are prohibited unless a licence or permission in writing is granted by the Minister for Defence or an authorised person and the permission is quoted, in the permit fields of the Export Declaration, to Customs and Border Protection. The DSGL is available at www.defence.gov.au/strategy/deco Part 1 of the DSGL includes items that are designed or adapted for use by armed forces, or goods that are inherently lethal. These goods include:

• military goods – those goods or technology that is designed or adapted for military purposes including parts and accessories.

• Non Military Lethal Goods (NMLG) – equipment that is inherently lethal, incapacitating or destructive such as non-military firearms, non-military ammunition and commercial explosives and initiators.

Part 2 of the DSGL are dual-use goods and technologies. These are items developed to meet commercial needs but may be used either as military components, or in the development or production of military systems, or weapons of mass destruction (WMD). This part is further subdivided into the following categories:

• Category 0 – Nuclear Materials; • Category 1 – Materials, Chemicals, Microorganisms and Toxins; • Category 2 – Materials Processing; • Category 3 – Electronics; • Category 4 – Computers; • Category 5 – Telecommunications and Information Security; • Category 6 – Sensors and Lasers; • Category 7 – Navigation and Avionics; • Category 8 – Marine; and • Category 9 – Aerospace and Propulsion.

The DSGL is amended annually to reflect changes in the various multilateral non-proliferation and export control regimes of which Australia is a member.

Contact details for the Defence Export Control Office are at Appendix 14.

More information on the exportation of goods listed in the DSGL is available from the Defence Export Control Office, Department of Defence.

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Exporting Firearms All military and non-military firearms (except imitation firearms, paintball guns and certain soft air firearms which do not require authorisation to export) and their related goods are listed under the DSGL and therefore require export approval in order to be exported. There are two kinds of export permissions available for firearms and related goods, the Restricted Goods Permit (RGP) and Defence Export Permission (DEP). It is important to note that the DSGL controls the exportation of a wide range of firearms and related goods, including goods that are not controlled on import, for example telescopic sights.

Restricted Goods Permit (RGP) A Restricted Goods Permit (RGP) is an export permit that is issued by Customs and Border Protection on behalf of the Department of Defence. An RGP can only be issued for the accompanied export of lower-risk firearms, ammunition, parts or accessories for use with the firearms being exported. RGPs are issued at some Customs and Border Protection public service counters and at Customs and Border Protection Client Services Offices at International Airports. The permit is only valid after verification at the port of export. An RGP can only be issued by Customs and Border Protection officers who have been specifically authorised to do so by the Department of Defence. An RGP can only be used to export a maximum of four lower-risk firearms per traveller. For the purposes of a RGP, lower-risk firearms are:

• Firearms described as Category A and B firearms under State and Territory legislation, such as air rifles, single shot and double barrel shotguns, bolt action and lever action rifles.

• Handguns (described as Category H articles under State and Territory legislation) such as revolvers and pistols.

Ammunition, magazines, parts and accessories may be exported on an RGP where the goods are accompanying the firearm for which they are designed for use. The firearm must therefore also be exported on the same RGP. Exporters cannot export more than a reasonable amount of these goods on an RGP. In relation to ammunition there are additional limits on the amount of ammunition able to be exported, these are:

• 4,000 rounds for target shooting; • 300 rounds for protection against piracy in international waters; • 200 rounds for hunting.

RGPs cannot be issued for firearms, ammunition, magazines, parts or accessories in the following circumstances:

• for quantities of more than four firearms per traveller;

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• higher risk firearms (described as Category C and D firearms under State and Territory Legislation);

• antique firearms; • firearms that leave Australia unaccompanied, for example by courier; • commercial exports; • firearms parts, accessories, or ammunition where the goods are not

accompanied by a firearm for which they are designed for use; • firearms being sent overseas for repair and return; • firearms being sent to a country subject to United Nations (UN) Security Council

or Australia’s autonomous arms embargo; • if a Defence Export Permission has already been issued for the same firearm(s); • for the re-export of a firearm that has been declared on import and where the

individual is not able to produce relevant import approval documentation; • where appropriate proof of identity and ownership cannot be provided.

Defence Export Permission (DEP) Export Permission, issued by the Department of Defence, is required for all exports of firearms, ammunition, magazines, parts or accessories in circumstances other than where an RGP can be used. A Defence Export Permission (DEP) must be used in the following circumstances. If:

• five or more firearms of any kind are being exported; • unaccompanied firearms of any amount are being exported; • higher risk firearms, including firearms described as Category C and D firearms

under State and Territory Legislation, are being exported; • for all exports of ammunition, except those designed for and exported with

firearms listed on an RGP; or • for all exports of parts and accessories expect those of a reasonable amount

which are designed for and will be exported with firearms listed on an RGP.

A DEP can always be used for the export of firearms as accompanied goods, and can be used in cases where an RGP is not appropriate.

Re-importation of Exported Firearms When importers bring firearm(s) or related goods into Australia that they previously exported, they must obtain the appropriate import approval in order to re-import those goods. For goods previously exported on a RGP, approval will generally be Police certification in the form of a B709D Category H “Police Confirmation and Certification Form” for handguns or a B709A ”Importation of Firearms – Police Confirmation and Certification Form” for all other firearms. In other instances, such as where an importer is re-importing a high-risk firearm that was previously exported on a Defence Export Permission, the importer must receive permission to import from the Attorney-General’s Department (AGD). Firearms that are returning to Australia after being exported on an RGP or Defence Export Permission are exempt from safety testing provided the importer can produce a copy of the export permit used to export the item, the Export Declaration Number

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(EDN), the relevant import permission and can show that the firearm has not been modified in any way. As an export permission cannot be granted, paintball guns and certain soft air firearms currently will not meet the requirements for exemption from the safety testing requirements under the Customs (Prohibited Imports) Regulations 1956 when returning to Australia.

International Import Certificates When importing firearms or related parts or accessories into Australia from overseas, some countries require certification that the items will be subject to Australian export control laws before they will grant permission for the item to be exported from that country. Any person importing firearms and parts from countries that request this certification can make an application to DECO for an International Import Certificate (IIC). The IIC is not a permission to import; rather, it is a certification to a foreign government that the firearm or related parts will be subject to Australian export control laws once the items have been imported into Australia. A B709 form is still required if an importer has obtained an IIC from DECO.

Delivery Verification Certificates A Delivery Verification Certificate (DVC) certifies that the government of a country to which the export has been made confirms that the exported commodities have either entered the export jurisdiction of that country or are otherwise accounted for by the importer. DECO issues DVC’s for goods listed in the DSGL on application. To ensure a DVC application can be considered, DECO requires proof of entry into Australia (Import Declaration) and proof of receipt into the consignee’s control such as stock cards.

Third Country Clearances for the Import and Re-Export of Strategic Goods Goods listed in the DSGL that are originally sourced from other countries or manufactured in Australia under licence cannot be transferred, sold or exported to a third country without the approval of the country of origin or compliance with other conditions that the original supplying country imposed on Australia at the time of acquisition. Obtaining such approval can be a lengthy process and assessment of export applications can be delayed. Therefore, delivery schedules should be planned with this in mind. It is important to check what assurances were provided at the time of purchase prior to obtaining permission to export.

US Re-Export Controls on Technology Exporters should be aware that authorities of the United States of America claim control over many exports from other countries, including Australia, where goods are of US

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origin. This can include parts or items produced using US technology. In such cases, under US export regulations, a US re-export licence may be required whether or not an Australian export licence is required or has been granted. Although such US regulations are not recognised in Australian law, the US authorities commonly penalise foreign companies, which do not comply by denying them access to US goods or technology in the future. Where a company has a presence in the US, legal action may lead to the imposition of significant fines and other penalties.

The Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 ( the WMD Act) DECO administers the WMD Act which enables the Government to control the export or supply of goods which comprise equipment and technologies developed to meet commercial needs but which may be used for the development or production of WMD. It is not possible to identify and describe all possible goods and services which could contribute to a WMD program. Therefore, the WMD Act does not contain a list of goods are services which may be controlled. The objective of the WMD Act is to ensure that goods are not supplied or exported, and services not provided, in circumstances where the goods will or may be used in, or the services will or may assist, the development, production, acquisition or stockpiling of weapons capable of mass destruction or missiles that are capable of delivering such weapons. This includes situations in which goods might be used in support, development or precursory activities associated with a WMD program. IMPORTANT: If you have at any time any reason to believe or suspect that your goods or services will or may be used in a weapons of mass destruction program you need to immediately advise DECO. You must not proceed with the export or the provision of services without first discussing the reasons for the belief or suspicion with DECO.

Contact details for the Defence Export Control Office are at Appendix 14.

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Section 9 – Department of Foreign Affairs and Trade

The Department of Foreign Affairs and Trade (DFAT) administers the implementation of sanctions which restrict or prohibit the export of certain goods to particular country destinations and designated individuals and entities. Sanctions are implemented principally by the Charter of the United Nations Act 1945, the Customs Act 1901 and the Autonomous Sanctions Act 2011 and through regulations made under these Acts, including the Customs (Prohibited Exports) Regulations 1958. Where permissible, authorisation to supply an export sanctioned good or to make an asset available to a person or entity designated as being subject to targeted financial sanctions, must be obtained from DFAT prior to exportation. Sanctions are distinct from other forms of export controls, for example, controls in respect of goods subject to the defence export control regime. Restrictions or prohibitions that arise under sanctions enforcement laws apply to all persons and bodies corporate in Australia, to Australian persons and bodies corporate anywhere in the world, and to foreign bodies corporate that are owned or controlled by Australians. Therefore, although this section focuses on exports from Australia, the prohibitions on Australians supplying, selling or transferring export sanctioned goods and providing assets to, or dealing with the assets of, persons entities subject to targeted financial sanctions, apply extraterritorially. That is, significant penalties may apply if a transaction contravenes sanctions laws, even if the goods or services are provided from outside of Australia. Sanctions implemented in Australia generally involve measures involving the prohibition of:

• the unauthorised supply of export sanctioned goods, such as arms and related matériel and, in the case of Iran and the Democratic People’s Republic of Korea (North Korea), dual-use goods which could contribute to weapons of mass destruction programs;

• the unauthorised provision of sanctioned services, which are usually services that are related to export sanctioned goods; and

• without authorisation, making an asset available to, or dealing with an asset of, a person or entity subject to targeted financial sanctions.

In addition, sanctions can apply to specific prohibitions or restrictions targeting particular actions of concern in a territory or a by a regime. Such measures include controls on the export of luxury goods to North Korea and vehicles to Côte d’Ivoire, and on dealings in stolen cultural property from Iraq. Specific details of measures currently applying in respect of each sanctions regime can be found on the DFAT website at http://www.dfat.gov.au/un/unsc_sanctions/index.html

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Sanctions change regularly. Those engaged in international trade should regularly consult the DFAT sanctions web pages. If goods to be exported to a country subject to sanctions appear also in the Defence and Strategic Goods List (DSGL), a separate permission will also be required from the Department of Defence (Defence). This section does not apply to embargoes placed on export consignments as a result of Export Declarations or manifest profiling.

Contact details for the Sanctions and Transnational Crime Section,

Department of Foreign Affairs and Trade are at Appendix 13.

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Section 10 – Department of Sustainability, Environment, Water, Population and Communities

There are four different areas within the Department of Sustainability, Environment, Water, Population and Communities (DSEWPaC) that issue export permits. These are: Ozone Protection and Synthetic Gas Team – implements the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989; Maritime and Movable Heritage Section – implements the Protection of Movable Cultural Heritage Act 1986; Hazardous Waste Section – implements the Hazardous Waste (Regulation of Exports and Imports) Act 1989; and International Wildlife Trade Section – implements the Environment Protection and Biodiversity Conservation Act 1999.

Export of Ozone Depleting Substances The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 implements Australia’s international obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer, Australian Government policy on the phase out of ozone depleting substances and Australia’s obligations under the United Nations Framework Convention on Climate Change. The manufacture, import and export of all ozone depleting substances has been prohibited in Australia since 1 January 1996 unless the correct licence is held. These controls were extended in 2003 to include hydroflurocarbon and perfluorocarbon synthetic greenhouse gases. Regulation 13F of the Customs (Prohibited Exports) Regulations 1958 prohibits the exportation of substances listed in Schedule 15 of that regulation. Clearance for Export of those substances listed in Schedule 15 will not be granted unless a valid licence number is provided. It is an offence against the Act to quote an incorrect licence number or an incorrect Australian Harmonised Export Commodity Classification (AHECC) code. It is an offence under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 to export an ozone depleting substance or synthetic greenhouse gas without the appropriate licence. A ‘controlled substances licence’ is required for the export of hydrochlorofluorocarbons (HCFCs), hydrofluorocarbons (HFCs), perfluorocarbons (PFCs) and methyl bromide.

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An ‘essential uses licence’ is required for the export of chlorofluorocarbons (CFCs), halons, carbon tetrachloride, methyl chloroform and bromochloromethane. A ‘used substances’ licence is required for the export of used or recycled ozone depleting substances. The export of hydrobromofluorocarbons (HBFCs) is not permitted. Export of ozone depleting substances to countries that are not Parties to the Montreal Protocol (as defined under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989) is prohibited. Applications for licences to manufacture, import or export ozone-depleting substances are made to the Minister for Sustainability, Environment, Water, Population and Communities through the Ozone Protection and Synthetic Gas Team, Environment Quality Division.

Contact details for the DSEWPaC Ozone Protection and Synthetic Gas Team

are at Appendix 14.

Export of Hazardous Waste

The Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Hazardous Waste Act) controls the import, export and transit through Australia of hazardous and other wastes. The Hazardous Waste Act implements Australia’s obligations under the Basel Convention on the Transboundary Movements of Hazardous Wastes and their Disposal.

Hazardous waste can be anything that is intended to be disposed of by an operation specified in Annex IV of the Basel Convention. Examples are final disposal operations such as landfill or incineration, but also recycling and recovery operations including the reclamation of metals or refurbishment of electronic waste (e-waste).

The Basel Convention also sets out lists of hazardous substances and characteristics that contribute to the determination of whether the waste destined for a disposal operation overseas is in fact hazardous. The application of these criteria requires technical expertise, and DSEWPAC encourages all enquiries to be directed to its Hazardous Waste Section, which has the necessary expertise (see contact details below).

Permits

Under the Hazardous Waste Act,all prospective importers and exporters of a waste that has been determined to be hazardous by DSEWPAC, must apply for a permit under the Hazardous Waste Act. The detailed application process requires applicants to:

• complete a set of application forms (including notification and movement tracking forms);

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• hold current contracts with proposed overseas’ disposal facilities; • demonstrate financial viability, sufficient insurance and suitability to hold a

permit; and • provide evidence that the waste will be disposed of legally and in a

environmentally sound manner at an overseas’ disposal facility.

Before the movement of the waste can occur, DSEWPAC must receive written consent to the movement from the state of import or export; and all states through which the shipment transits. Only when this criteria has been met, can DSEWPAC ask the Minister or Minister’s delegate to consider the application for a permit for the for hazardous waste to be exported, imported or transited through Australia territories.

If a permit is issued under the Hazardous Waste Act or its associated regulations, it will be subject to conditions requiring, including compliance with the relevant carriage of dangerous goods regulations, and appropriate training for all employees coming into contact with the waste. Most permits are valid for less than 12 months, but in some cases can be issued for up to a maximum of three years.

Separate regulations exist for countries that are part of the Organisation for Economic Cooperation and Development (OECD) and for Pacific Island Countries.

Exports to OECD countries

The Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996 (the OECD Regulations) implement a decision of the OECD that sets up a system of controlling wastes that are destined for recovery operations in OECD countries by categorising them as being subject to either the amber control procedure or the green control procedure.

A Special Export Permit (OECD) is required for shipments of wastes subject to the OECD amber control procedure for recovery operations. Please note if any hazardous waste including amber wastes are destined for final disposal instead of recycling/recovery operations, a ‘Basel Export Permit’ issued under the Hazardous Waste Act is required, even if the movement is between OECD countries. For example, an export of metal-bearing sludge from Australia to Belgium for recovery operations requires a Special Export Permit (OECD), whereas an export of metal-bearing sludge from Australia to Belgium for final disposal operations would require a Basel Export Permit. Written consent is required from each state through which the shipment transits before either sort of permit application may be considered.

A Special Transit Permit (OECD) is required for shipments of wastes subject to the OECD amber control procedure that come from an OECD country and transit Australia on their way to the OECD country of import for recovery operations. For example, a shipment of arsenical wastes from New Zealand to France would require a Special Transit Permit OECD) if the ship enters an Australian port or roadstead.

Hazardous wastes subject to the amber control procedure include solvents, acids, batteries, arsenic, mercury and lead (for example in cathode ray tube (CRT) waste including used TVs and computer monitors).

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Wastes subject to the green control procedure include non-hazardous wastes such as paper, textiles and some scrap metals and uncontaminated, clean plastics. Although uncontaminated (Green List) wastes are not generally regulated under the OECD Regulations, the Basel Convention requires notification and consent if a shipment transits a non-OECD country that regulates the waste in question under its national laws. Under the Hazardous Waste Act , Ministerial approval is required for such transits.

Non-OECD ‘Basel Convention’ countries

A Basel Export Permit under the Hazardous Waste Act is required for exports of hazardous wastes such as used lead-acid batteries (ULABs) to non-OECD Basel Convention parties such as China, Indonesia and the Philippines. If the shipments transit any other countries (for example Singapore or New Zealand), written consent from those countries is required before a permit can be issued.

Australia’s definition of ‘transit’ includes a ship entering a port or roadstead (anchorage) or an aircraft landing.

A Basel Transit Permit is required for shipments of hazardous wastes that transit Australia on their way to the country of import. For example, if waste oil or tar is being sent from Singapore to New Zealand on a ship that enters an Australian port, a Basel Transit Permit will be required.

Countries of the South Pacific

Australia has signed and ratified the Waigani Convention, which covers most countries in the South Pacific Region. As a result, the export from Australia of hazardous and radioactive wastes to countries and territories in the Convention area (except New Zealand) is banned. An application for a permit should be lodged with DSEWPaC:

o at least 40 days before the proposed movement if the countries involved are all OECD countries; or

o at least 60 days before the proposed movement if all countries involved are not from the OECD.

Exporting used electronic goods and e-waste from Australia

If you are exporting whole used computers/ televisions/any other whole electrical or electronic equipment or mixed used electronic components which are not in working order and are for recycling to any non-OECD or OECD country you need to apply for an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989 (the Act) or the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996 (the Regulations).

If you are exporting whole used working computers, televisions or any other whole electrical or electronic equipment to any OECD or non-OECD country, you should:

- have testing result (including basic information for each equipment such

as age, brand name etc) to demonstrate that it is in working order;

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- be able to provide a valid contract and information on how each equipment will be directly reused/reused with minor repairs /refurbishment in the country to which you are proposing to export;

- be able to provide all the above information to DSEWPaC upon request.

If you are exporting whole used computers, televisions or any other whole electrical or electronic equipment which are not in working order and are for recycling to any OECD or non-OECD country you must apply for an export permit under the Act or Regulations.

If you are exporting sorted and segregated used electronic components to non-OECD country you

- are responsible for meeting all relevant regulations and requirements

applied by the local authorities in the receiving country (for example if the import is not allowed or import is allowed with a permit or without a permit).

- must determine which classification applies to the material in accordance

with the terms of the Basel Convention as follows: A1180: Waste electrical and electronic assemblies or scrap containing components such as accumulators and other batteries included on list A, mercury switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors, or contaminated with Annex I constituents (eg. cadmium, mercury, lead, polychlorinated biphenyl), to an extent that they possess any of the characteristics contained in Annex III - If the waste is so classified, you must apply for an export permit under the Hazardous Waste (Regulation of Exports and Imports) Act 1989.

or

B1110 Electrical and electronic assemblies: Electronic assemblies consisting only of metals or alloys; Waste electrical and electronic assemblies or scrap (including printed circuit boards) not containing components such as accumulators and other batteries included on list A, mercury switches, glass from cathode–ray tubes and other activated glass and PCB-capacitors, or not contaminated with Annex I constituents (e.g., cadmium, mercury, lead, polychlorinated biphenyl) or from which these have been removed, to an extent that they do not possess any of the characteristics contained in Annex III; Electrical and electronic assemblies (including printed circuit boards, electronic components and wires) destined for direct reuse1, and not for recycling or final disposal - If the waste is so classified, you are not required to have an export permit under the Act.

1 Reuse can include repair, refurbishment or upgrading but not major reassembly.

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If you are exporting sorted and segregated used electronic components to an OECD country you:

- are responsible for meeting all relevant regulations and requirements

applied by the local authorities in the receiving country (for example if the import is not allowed or import is allowed with a permit or without a permit)

- must determine which classification applies to the material in accordance with the OECD classification as follows:

A1180: Waste electrical and electronic assemblies or scrap containing components such as accumulators and other batteries included on list A, mercury switches, glass from cathode-ray tubes and other activated glass and PCB-capacitors, or contaminated with Annex I constituents (eg. cadmium, mercury, lead, polychlorinated biphenyl), to an extent that they possess any of the characteristics contained in Annex III - If the waste is so classified you must apply for an export permit under the Hazardous Waste (Regulation of Exports and Imports) (OECD Decision) Regulations 1996. or GC010: Electrical assemblies consisting only of metals or alloys-

If the waste is so classified, you are not required to have an export permit under the Regulations. or GC020: electronic scrap (eg. printed circuit boards, electronic components, wire etc.) and reclaimed electronic components suitable for base and precious metal recovery – If the waste is so classified, you are not required to have an export permit under the Regulations.

Contact details for the DSEWPaC Hazardous Waste Section are at Appendix 14.

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Export of Wildlife and Wildlife Products Subject to Export Controls In Australia, the export and import of wildlife and wildlife products is regulated under Part 13A of the Environment Protection and Biodiversity Conservation Act 1999 (the EPBC Act), which is administered by DSEWPaC. Regulation applies equally to individuals, commercial organisations and not-for-profit organisations. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is administered under the EPBC Act. The full list of CITES species for the purposes of the EPBC Act can be found at: www.environment.gov.au/travel

Enforcement Responsibility for enforcement of the controls at the border rests primarily with Customs and Border Protection and the Australia Federal Police (AFP). Officers of these agencies are delegated as inspectors under Section 397(3) of the EPBC Act. DSEWPaC also has a significant role in wildlife law enforcement activities.

Regulated exports Regulation is based on the species from which a specimen is derived. “Specimen” usually refers equally to non-live parts or derivatives such as manufactured leather goods and food stuffs. A permit is usually required to export:

• specimens of CITES species; and • specimens of Australian native species.

Failure to produce the relevant export permit prior to consignment is an offence under the EPBC Act, and requires that the item be seized.

Types of permits and certificates Single-Use Permits (CITES and native) are valid for a single specified consignment for a period of: Native – up to 12 months CITES – up to 6 months Multiple-Use Consignment Permits (CITES and native) authorise an unlimited number of consignments of a particular range of specimens, for a period of: Native – up to 3 years CITES – up to 6 months For each individual consignment under the multiple use permit, the permit holder is required to complete a Specimen Export Record (SER) describing the consignment. An original SER needs to accompany a photocopy of the original export permit. Personal baggage permits are available for the export of CITES Appendix II specimens in accompanied baggage for personal use. They are often ordered by

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manufacturers and wholesalers, for supply at point of sale. Fields on the reverse side of these permits must be completed by the exporter at the time of export. Pre-CITES (or pre-Convention) certificates certify that a CITES specimen was taken from the wild prior to the provisions of CITES to the species in question, and is therefore exempt from normal permit requirements. Certificates of origin certify that a CITES Appendix III specimen was acquired in a country other than the listing country and is therefore exempt from normal CITES permit requirements.

Personal and Household Effects Exemptions – (CITES) Generally export permits are not required to export up to 4 non-live CITES listed Appendix II specimens that are personal or household effects. Items must be part of personal accompanied baggage or part of a household move and owned by the exporter for personal use (not for commercial purposes). All non-live CITES Appendix I specimens must be accompanied by an Australian Pre-CITES Certificate for export out of Australia.

CITES permit exemptions – CITES Appendix II specimens The following CITES Appendix II listed specimens worn on a person or contained in accompanied baggage (or alternatively contained in a household move) and for personal use do not require any CITES documentation to be exported as long as they meet the following quantity limits: Caviar of Sturgeon, Paddlefish species (Acipenseriformes spp.) – up to a maximum of 125 grams per person where the container has been labelled using valid, non-reusable labels with codes as required by CITES Rainsticks of Cactaceae spp. – up to 3 specimens per person Crocodile products – up to 4 specimens per person Queen Conch (Strombus gigas spp.) shells – up to 3 specimens per person Seahorses (Hippocampus spp.) – up to 4 dried specimens per person Giant clam (Tridacnidae spp.) shells – up to 3 specimens, each of which may be one intact shell or two matching halves, not exceeding 3 kg per person

Native animal and plant specimens permit exemptions Permits are not required to export non-live Australian native plants and animals in personal baggage when you leave Australia if they are listed on the List of Exempt Native Specimens (LENS) and meet the conditions listed in the notation.

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Requirements for specimens commonly exported as Personal and Household Effects.

Ivory and other products derived from elephants, including:

• musical instruments eg. Piano keys or fittings for bagpipes • ivory carvings/ivory inlays • elephant skin leather products • jewellery – including ivory necklaces, earrings and elephant hair bracelets

Elephant specimens may only be exported where they are accompanied by a Pre-CITES certificate.

Cetacea – whale, dolphin and porpoise products, including:

• teeth and bone or scrimshaw work made from the teeth or bone

Cetacean specimens may only be exported where they are accompanied by a Pre-CITES certificate.

Sea turtles, including:

• turtle shells or products • turtle oil • hand and facial cream • turtle shells or products.

Sea (marine) turtle specimens may only be exported where they are accompanied by a Pre-CITES certificate.

Corals, including:

• coral jewellery • polished pieces of coral; • native artefacts incorporating coral

Australian native, non-CITES coral Export of Australian native, non-CITES coral in commercial and non-commercial quantities are exempt from the requirement to have an export permit. CITES listed corals The export of all CITES listed corals are subject to control, and require a permit issued by DSEWPaC. Personal use quantities of corals (non-live) may be exported as the part of a household move or in personal baggage without a permit. Fossilised coral is exempt from these controls. However, fossilised coral may be subject to export controls relating to the protection of movable cultural heritage.

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Emu products: When carried as personal baggage and for personal use the following items are exempt from permit requirements:

• tanned or other processed skin products • meat or articles made from meat or tanned skins • egg shells, products made from egg shells • feathers or products made from feathers • oil or products derived from oil.

Posting of such products overseas requires an export permit from DSEWPaC. The export of emu products for commercial purposes requires a permit. The export of live Australian native animals (including viable eggs) for private or commercial purposes without a permit is prohibited.

Crocodile products: A permit issued by DSEWPaC will generally be required in order to export crocodilian specimens. However, a maximum of up to 4 crocodile products in personal accompanied baggage may be exported without a permit.

Kangaroo/Wallaby/Wallaroo products: A permit issued by DSEWPaC will generally be required in order to export kangaroo products. However, manufactured kangaroo products, in personal accompanied baggage may be exported without a permit. All products sent overseas through the mail require a permit from DSEWPaC.

Australian Birds as Household Pets: A permit to export native Australian birds as household pets is required from DSEWPaC. Only the following species may be exported

• Sulphur crested cockatoo (Cacatua galerita spp.) • Galah (Cacatua roseicapilla spp.) • Little corella (Cacatua sanguinea spp.) • Long billed corella (Cacatua tenuirostris spp.) • Budgerigar (Melopsittacus undulates spp.) • Cockatiel (Nymphicus hollandicus spp.)

Only in exceptional circumstances would permits be issued for other Australian birds species.

Live fish: All species listed on the List of Exempt Native Specimens (LENS) can be exported without a permit. Additionally, some live fish of a species not native (exotic) to Australia may be exported without a permit, provided that they are not a CITES-listed species.

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The export of all native fish not on the List of Exempt Native Specimens is subject to regulation and requires a permit from DSEWPaC.

Marine invertebrates: Some marine invertebrates and shells are included on the List of Exempt Native Specimens can be exported without a permit (provided they meet the conditions for that species as outlined in the LENS). These include varieties of:

• abalone • mussels • scallops • oysters • crabs

Insects (Terrestrial invertebrates): The following genera (excluding CITES listed species) are listed on the List of Exempt Native Specimens:

• beetles • butterflies • moths

A maximum of up to 5, mounted non-CITES native species in personal accompanied baggage may be exported without a permit (provided they meet the conditions as outlined in the LENS). Specimens of CITES species acquired before they were first listed under CITES are not subject to normal permitting requirements, and may only where they are accompanied by a Pre-CITES certificate. A maximum of 4 non-live specimens of CITES Appendix II species may be exported as personal accompanied baggage without a permit.

Sphagnum moss: Sphagnum Moss is often used as a packing material. Sphagnum Moss is an Australian native plant and requires a permit to export.

Plants: CITES species

Unless otherwise noted in the CITES list for the species, some general exemptions apply to all Appendix II and Appendix III CITES listed plants (including all parts and derivatives). Plant - CITES permit exemptions include:

• seeds, spores and pollen (including pollinia) • seedling or tissue cultures obtained in vitro, in solid or liquid media • transported in sterile containers • cut flowers of artificially propagated plants

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Hybrids (offspring of genetically dissimilar parents or stock):

Where at least one of the plants in their recent lineage is of a species included in CITES Appendix I or Appendix II, hybrids shall be treated as specimens of species included in Appendix II; and where at least one of the plants in their recent lineage is of a species included in Appendix III, and there are no specimens of an Appendix I or Appendix II species in such lineage, hybrids shall be treated as specimens of species included in Appendix III.

Native species

Some native plants are listed in the LENS. Where indicated in the List, these plants do not require permits. The List includes most seeds, commercial cultivars, and processed bushfood. Some native species may also be CITES listed and will require an export permit.

For further information on the export of wildlife and wildlife products contact the Wildlife Trade Regulation Section, Department of Sustainability, Environment, Water, Population and Communities.

Contact details for DSEWPaC International Wildlife Trade are at Appendix 14.

Movable Cultural Heritage Objects In 1970 the United Nations Educational, Scientific and Cultural Organisation (UNESCO) adopted a convention regulating the international trade in cultural property. Australia ratified the convention by passing the Protection of Movable Cultural Heritage Act 1986 giving the convention force in Australian law. The term “movable cultural heritage” includes material objects that society creates or collects on religious or secular grounds because of their importance with regard to archaeology, prehistory, history, literature, art or science. This is a broad and loose definition, as any object that can be removed from its place of construction or creation is, by definition, movable. An extensive definition of movable cultural heritage is provided in Article 1 of the 1970 UNESCO Convention. The movable cultural heritage of Australia is defined in section 7 of the Protection of Movable Cultural Heritage Act 1986. This act provides for the control on exportation of ‘Australian protected objects’ that have ‘significance to Australia’. It also provides for the return of the cultural property of other nations illegally imported into Australia – but it is not intended to restrict normal and legitimate trade in cultural property and does not affect an individual’s right to own or sell within Australia. There are penalties for breaches of this act, including fines, imprisonment and forfeiture of protected objects. Objects have ‘significance to Australia’ if they:

• are associated with a person, activity, event, place or business enterprise, notable in history; or

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• have received a national or international award or have a significant association with an international event; or

• represent significant technological or social progress for its time; or • are objects of scientific or archaeological interest.

The Minister for the Arts administers the Protection of Movable Cultural Heritage Act 1986. Administration and secretariat services for the National Cultural Heritage Committee (NCHC) are carried out by Cultural Property and Gifts section of the Office of the Arts with the Department of Prime Minister and Cabinet (PMC)..

The National Cultural Heritage Control List

Categories of Australian protected objects controlled by the provisions of the Protection of Movable Cultural Heritage Act 1986 are defined in the National Cultural Heritage Control List (the Control List), published in the regulations to that act. The Control List divides Australian protected objects into two classes:

• Class A consists of objects which may never be exported; and • Class B consists of other objects that are of cultural significance to Australia and

require a valid permit to be exported. The list below provides a guide to those objects that may be subject to control under the Control List in Schedule 1 to the Protection of Movable Cultural Heritage Regulations 1987. This list should be used as a guide only and further advice may be obtained from PMC.

Class A Objects – Export Prohibited Export of the following objects is prohibited unless the item has been temporarily imported into Australia and the Minister for the Arts has granted a certificate authorising its subsequent export. Class A objects are:

• Certain objects of Australian Aboriginal and Torres Strait Islander heritage that are of cultural significance to, or made by, Aboriginal and Torres Strait Islander people and are not created specifically for sale, including - sacred and secret ritual objects; - bark and log coffins used as traditional burial objects; - human remains; - rock art; and - dendroglyphs (carved trees);

• Victoria Cross medals awarded to Australian recipients (unless the medal is still in the ownership of the person to whom it was awarded); and

• Each piece of the suit of armour worn by Ned Kelly at the siege of Glenrowan Victoria in 1880.

Class B Objects – Export Permit Required Class B objects, include:

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• Objects of Australian Aboriginal and Torres Strait Islander Heritage as prescribed in the Control List. This category relates to materials or things made by or having cultural significance to members of the Aboriginal and Torres Strait Islander races of Australia. Objects may be excluded from this category if they are created specifically for sale or are less than 30 years old:

- objects relating to famous and important Aborigines or Torres Strait Islanders, or to other persons significant in Aboriginal or Torres Strait Islander history; - objects made on missions or reserves; - objects relating to the development of Aboriginal or Torres Strait Islander protest and self-help movements; and - original publications relating to objects included in this category, including:

- documents; - photographs and drawings; - sound recordings; and - film and video recordings.

• Archaeological Objects as prescribed in the Control List, Schedule 1 Part 2.

This category relates to objects recovered after remaining for not less than 50 years in the place from which the recovery is affected and of significance to Australia:

- objects relating to seagoing exploration, transportation, supply and commerce, including ordinance, coins, ship’s gear, anchors, cargo, personal items from shipwrecks; - objects relating to military activity; - objects relating to the exploration of Australia and to the colonisation and development of Australia by non-indigenous peoples; - objects relating to convict transportation and settlement; - objects relating to relations between indigenous and non-indigenous peoples; - objects relating to missionary activity; - objects relating to the history of mining, processing, industry, technology and manufacture in Australia; - objects relating to the development of the pastoral and other land industries; - objects relating to whaling and sealing; - objects relating to visits to, or settlement in, Australia of identifiable cultural minorities; - biological or ethnographic objects or collections; - human remains (other than those described in Part 1); - organic remains associated with, or representative of, a prehistoric or historic culture; - archaeological objects relating to persons, places or events significant in the history of Australia; - unclassified material recovered for archaeological study; and - material related to any object listed above that adds significantly to Australian historical or scientific information.

• Natural Science Objects of Australian origin as prescribed in Part 3 of the control list:

- any palaeontological object; - any mineral object (not otherwise referred to in this item) with a current Australian market value of not less than AUD$10,000;

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- any gold nugget with a current Australian market value of not less than AUD$250,000; - any diamond or sapphire with a current Australian market value of not less than AUD$250,000; - any opal with a current Australian market value of not less than AUD$100,000; - any other gemstone with a current Australian market value of not less than AUD$25,000; - any meteorite; and - any type specimen of present-day flora or fauna, a palaeontological object or a mineral if:

- it is not lodged in an Australian collecting institution; or - a permit or an authority issued under the Environment Protection and Biodiversity Conservation Act 1999 is not in force.

• Objects of applied science and technology as prescribed in Part 4 of the Control

List. Objects relating to human enterprise and activity, other than artistic activity, include (but are not limited to):

- agricultural and related objects; - engineering objects; and - objects of transport, including

- objects of air transport; - objects of rail transport; - objects of road transport; - objects of water transport; - objects of scientific interest; and - objects of weaponry (excluding objects currently in use by the Australian Defence Force).

An object may be included in this category if: - it is an object of Australian origin, made in Australia at least 30 years ago, that is of significance to Australia; - it is an object with substantial Australian content, where the Australian content was made in Australia at least 30 years ago, that is of significance to Australia; or - it is an object of non-Australian origin, used in Australia at least 30 years ago, that is of significance to Australia.

• Objects of fine or decorative art as prescribed in Part 5 of the Control List. An

object is in this category if it has been designed or made:

- in or outside Australia by an Australian; - in Australia by a foreign person who, at the same time, worked or resided in Australia; or - outside Australia by a foreign person, if the object incorporates Australian motifs or subject matter, or is otherwise relevant to Australia.

Objects in this category include:

- Aboriginal or Torres Strait Islander objects of fine or decorative art, being at least 20 years old and with a current Australian market value of not less than AUD$10,000; and - other objects, being at least 30 years old

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- objects made from precious metals with a current Australian market value of not less than AUD$25,000;

- musical instruments with a current Australian market value of not less than AUD$10,000;

- arms and armour with a current Australian market value of not less than AUD$5,000;

- architectural fittings and decoration, and interior decoration with a current Australian market value of not less than AUD$15,000;

- tapestries and carpets with a current Australian market value of not less than AUD$10,000;

- sculptures with a current Australian market value of not less than AUD$30,000;

- furniture with a current Australian market value of not less than AUD$30,000;

- jewellery with a current Australian market value of not less than AUD$40,000;

- clocks and watches with a current Australian market value of not less than AUD$40,000;

- watercolours, pastels, drawings, sketches and other similar works with a current Australian market value of not less than AUD$40,000;

- paintings with a current Australian market value of not less than AUD$250,000;

- prints, posters, photographs or similar works or art with potential for multiple production with a current Australian market value of not less than AUD$10,000; and

- objects, made from glass, wood, paper, plastic, ceramic, leather, ivory, natural or synthetic fibre or a base metal, not otherwise mentioned above with a current Australian market value of not less than AUD$5,000.

• Objects of documentary heritage as prescribed in Part 6 of the Control List. This

category includes any document that is of significance to Australia and is at least 30 years old, where a document means any written or printed material, or article on which information has been stored or recorded either mechanically or electronically. Objects include (but are not limited to):

- books, letters, ledgers, registers or pamphlets; - sound recordings, films or television or video productions; - maps, plans, photographs or drawings; or - articles that form part of the records or archive of a Commonwealth, State or Territory government or authority or the Governor-General or the Governor of a State only if the article is required to be kept permanently in Australia by law.

• Numismatic objects of significance to Australia and having a current Australian

market value of not less than AUD$15,000, as prescribed in Part 7 of the Control List, include (but are not limited to):

- badges, tokens or charms; - coin or paper money; - patterns, proofs or specimen strikings; and - civil or military medal or decorations (other than campaign medals) awarded to

an Australian, or any related citation, document or insignia.

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• Philatelic objects of significance to Australia, as prescribed in Part 8 of the Control List, including:

- postal markings, postal or revenue stamps, in mint condition or is attached in

any way to a document; - any material used in the design, production, usage or collection of stamps;

and - stamp collections of substantial importance that have won a Large Gold

medal in an international competition or have a current Australian market value of at least AUD$150,000.

• Objects of historical significance as prescribed in Part 9 of the Control List.

Objects, at least 30 years old, associated with any significant person, activity, event, place or business enterprise, notable in Australian history, including (but not limited to objects relating to):

- heraldry; - Australian military history; - domestic life, such as buildings, furniture and personal effects; - work life, including trades and labour material, company activity, trade and

commerce; - courts and tribunals, law enforcement and prison life; - education; - health and medicine; - arts and crafts; - leisure and recreation; - politics; - exploration; - migration; - community activities; and - religion.

Applications for approval to export and further information can be obtained from the Secretary, National Cultural Heritage Committee, Department of Sustainability, Environment, Water, Population and Communities.

Contact details for the DSEWPaC National Cultural Heritage Committee are at

Appendix 14.

Customs and Border Protection Role in Protecting Movable Cultural Heritage Objects dealt with in contravention of the Protection of Movable Cultural Heritage Act 1986 may be seized by:

• a Protection of Movable Cultural Heritage (Cultural Heritage) Inspector (principally, Australian Federal Police officers or DSEWPaC officers appointed as inspectors) under Section 34 of the Protection of Movable Cultural Heritage Act 1986; or

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• a Customs and Border Protection officer under Section 203T of the Act (see section 9 of the Protection of Movable Cultural Heritage Act 1986).

The role of Customs and Border Protection is confined to the seizure of objects under sub-section 203T(3) of the Act. Goods may only be seized where:

• the objects are the subject of a notice issued by the Minister for the Environment and Water Resources under sub-section 203T(2) of the Act; and

• the objects are subject to Customs control. Where an officer seizes a protected object under sub-section 203T(3) of the Act the officer shall:

• issue a receipt to the exporter or their agent which is to provide a full description of the objects and contain a statement advising the exporter/agent that:

The objects listed above have been seized pursuant to Section 203T of the Act and will be forthwith delivered to: Name Address who is an Inspector under the Protection of Movable Cultural Heritage Act 1986 and who may be contacted regarding further action;

• deliver the objects to the nominated Inspector; and • obtain a receipt for the objects from the Inspector.

Upon delivery of the object into the custody of the Inspector, all future action in the matter of seizure and ultimate disposal becomes the responsibility of the Inspector. In the absence of a section 203(T) notice from the Minister for the Arts, Customs and Border Protection can prevent the clearance of the ship or aircraft under Sections 118 and 122 of the Act until such time as an Inspector is able to attend and seize the objects under the Protection of Movable Cultural Heritage Act 1986. If a police officer is not readily contactable, legislation exists that Customs and Border Protection officers can utilise to prevent the objects from leaving Australia such as:

• the export of protected objects is conditionally prohibited under the Protection of Movable Cultural Heritage Act 1986;

• protected objects are subject to the control of Customs and Border Protection under Section 30(1)(d) of the Act;

• regulation 23 of the Customs Regulations 1926 provides for the places that shall be a prescribed place for the purposes of section 30(d) of the Act;

• section 32 covers the right of examination of goods under Customs control; • section 33(1) states that a person shall not move, alter or interfere with goods

subject to the control of Customs and Border Protection; and • section 186 provides that “any officer may open packages and examine any

goods subject to the control of Customs and Border Protection.”

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Section 11 – Department of Education, Employment and Workplace Relations

Asbestos The Commonwealth, in conjunction with all States and Territories, has introduced domestic controls on the use of asbestos in the workplace. In addition, the Commonwealth has introduced controls on the import and export of all forms of asbestos. Under the export control, the exportation of asbestos and goods containing asbestos is prohibited unless a confirmation has been issued by the relevant Commonwealth, State or Territory agency, a permission has been issued by the Minister for Employment and Workplace Relations or the goods are otherwise exempt from the scope of the regulation. Under the provisions of the export regulation, all forms of asbestos and goods containing asbestos listed in the Customs (Prohibited Export) Regulations 1958 are controlled unless specifically exempt from the control. The export of asbestos is prohibited unless one of the following conditions is met:

• the asbestos or goods are hazardous waste under section 4 of the Hazardous Waste (Regulation of Exports and Imports) Act 1989. All hazardous waste must be exported in accordance with the requirements of the Hazardous Waste (Regulation of Exports and Imports) Act 1989;

• the asbestos or goods are for a use listed in Part 2 of Schedule 1 to the Customs (Prohibited Export) Regulations 1958 and have been given a confirmation by the Safety, Rehabilitation and Compensation Commission (SRCC), the Seafarers Safety, Rehabilitation and Compensation Authority or a relevant State/Territory OH&S authority;

• a permission to export has been issued by the Minister for Employment and Workplace Relations, or an authorised person; or

• the goods are raw materials that contain naturally occurring traces of asbestos.

Regulation 4 of the Customs (Prohibited Export) Regulations 1958 came into effect on 31 December 2003 and was established in response to Australia’s international obligations. The border control was established to complement new Commonwealth, State and Territory legislation prohibiting the workplace use, including transport and storage, of asbestos. Arrangements for the export of asbestos involve a number of different agencies. In the case of an exemption or permission, a confirmation will be granted by the relevant agency to export asbestos. This confirmation must be reported to Customs and Border Protection, however the original is to be retained by the exporter.

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The export of goods for a use referred to in Items 1, 2 and 3 of Part 2 of Schedule 1 to the Customs (Prohibited Export) Regulations 1958 is the policy responsibility of the OH&S authorities in each state or territory. For all general enquiries please contact the relevant OH&S authority in your State/Territory in the first instance. The granting of exemptions for asbestos goods for use by the Australian Defence Force before 31 December 2007 under Item 4 of Part 2 of Schedule 1 to the Customs (Prohibited Export) Regulations 1958 is the responsibility of the SRCC. Exporters seeking Ministerial permissions should be referred to the Department of

Education, Employment and Workplace Relations (DEEWR).

Contact details for DEEWR are at Appendix 14.

Further advice on asbestos policy may be sought from the Manager, Community Protection, Central Office.

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Section 12 – Australian Transaction Reports and Analysis Centre

The Financial Transaction Reports Act 1988 (FTR Act) was created to assist the Australian Taxation Office (The Tax Office) and Commonwealth, State and Territory agencies in the detection of tax evasion and other serious criminal activity, including money laundering from drug trafficking and organised crime. On 12 December 2006, the Anti- Money Laundering and Counter-Terrorism Financing Act 2006 (the AML/CTF Act) also came into effect with the purpose of fulfilling Australia’s international obligations including combating money laundering and terrorism financing. Whilst obligations for certain businesses still remain under the FTR Act, in most cases, the reporting requirements under the AML/CTF Act supercede the reporting requirements under the FTR Act. Previous obligations for the reporting of cross border movements of currency under the FTR Act are now replaced by a broader obligation under the AML/CTF Act to report cross border movements of currency over AUD 10,000 or equivalent and Bearer Negotiable Instruments (BNIs) to AUSTRAC. The Australian Transactions Reports and Analysis Centre (AUSTRAC) is the government agency established to oversight the operation of and compliance with the Financial Transaction Reports Act 1988 and the Anti-Money Laundering and Counter- Terrorism Financing Act 2006.

Cross-border movements of physical currency A person is required to report the carrying of AUD10,000 or more of physical currency or foreign equivalent into or out of Australia. This is regardless of whether the person is: • moving the physical currency themselves into or out of Australia; • moving the physical currency into or out of Australia on behalf of someone else

(ie by consignment); • receiving physical currency into Australia; • mailing the physical currency out of Australia through the postal system; or • bringing or sending physical currency into Australia. Physical currency is defined as the coin and printed money of Australia or of a foreign country that is legal tender, and circulates as, and is customarily used and accepted as, a medium of exchange in the country of issue. The report is to be made to AUSTRAC directly, to Customs and Border Protection or to the Police who forward the report to AUSTRAC. Reports given to a Customs and Border Protection officer or a police officer must be forwarded to AUSTRAC within five business days after the day of receipt of the report. Forms can be obtained from AUSTRAC or from Customs and Border Protection at the time of entry into or departure from Australia:

• Form 53, “Cross Border Movement – Physical Currency $10,000 or more, Carrying currency into or out of Australia”; and

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• Form 55, “Cross Border Movement – Physical Currency $10,000 or more, Mailing or shipping currency into or out Of Australia”.

Exemptions from physical currency reporting Commercial passenger carriers are not required to report to AUSTRAC where the physical currency is in the possession of any of the carrier’s passengers. Commercial goods carriers are not required to report where the physical currency is carried on behalf of another person and the other person has not advised the carrier that the goods include physical currency.

Cross-border movements of bearer negotiable instruments (BNIs) A BNI is a non-cash monetary instrument which may contain the instruction ‘pay to the bearer’. Common examples of BNIs are cheques, promissory notes, travellers’ cheques, bearer bonds, money orders and postal orders. There is no requirement under the AML/CTF Act to report the carrying of BNIs. However, if:

• a person produces to a police officer or a Customs and Border Protection officer one or more BNIs that he or she has with him or her; or

• a police officer or a Customs and Border Protection officer conducts a examination or search and finds one or more BNIs that a person has with him or her; the officer may require the person to give a report about the BNIs immediately. Reports given to a Customs and Border Protection officer or a police officer must be forwarded to AUSTRAC within five business days after the day of receipt of the report. There is no minimum monetary threshold in relation to the BNI reporting requirement. Even if the BNI has no face value (for example, blank cheque), it still needs to be declared, if requested by a Customs and Border Protection or police officer. Furthermore, unlike with the mailing of physical currency, there is no requirement to report BNIs which are mailed into or out of Australia. Forms should be available for use at the Customs examination area at the time of entry into or departure from Australia: <insert Form # and full name here – similar to those listed in relation to physical currency> Failure to comply with a request of a Customs and Border Protection or police officer, such as refusing to produce, declare or report a BNI, is an offence under subsection 59(3) of the AML/CTF Act. Penalties upon conviction under section 59 include imprisonment and/or a fine imposed by the court. Civil penalties provide for an infringement notice which may be given, requiring the person to pay a monetary penalty. If a false declaration has been made to a Customs and Border Protection or police officer, the BNI may be seized under subsections 200(12) and 200(13) of the AML/CTF Act.

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Contact details for AUSTRAC are at Appendix 13.

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Section 13 – Wine Australia Corporation

Especially appointed Boards and Corporations control or oversee the exportation of certain commodities, such as apples, pears, wine and wheat. They may also undertake promotion activities on behalf of the commodity industries that they represent. The Wine Australia Corporation is the Australian Government statutory marketing authority for the Australian wine industry. Wine Australia operates under the Wine Australia Corporation Act 1980 and its related regulations. The Corporation’s operations fall into four broad categories:

• the control of exports through a licensing system aimed essentially at protecting and enhancing the quality and integrity of Australian wine exports;

• the monitoring of wine labelling in Australia to ensure that any wine sold is accurately described;

• negotiating to reduce trade and technical barriers with other countries; and • the promotion of grape products, principally through export promotion activities.

There are two reasons for Wine Australia to control the exportation of Australian grape products. The first reason is to protect and enhance the reputation of Australian wine in overseas markets by preventing the export of wines that have faults. The second reason is to enable Australia to meet its international trading obligations. Wine Australia controls the exportation of all Australian grape products (i.e., wine, brandy, grape spirit and wine derived products). All exporters of grape products – winemakers and wine merchants alike – must be licensed by Wine Australia. Each blend of exported wine must also be inspected and approved prior to export. In addition to being a licensed exporter, an export permit (an export certificate issued by Wine Australia) is required for individual export shipments. All consignments of Australian grape product (including blends of foreign and Australian products) over 100 litres require an export permit from Wine Australia. Consignments under 100 litres or those of wholly foreign origin are exempt from permit requirements. Permit requirements do not apply to grape must (unfermented grape juice). Wine exported from Australia as ship’s stores on a cruise ship may be exported under special arrangements made with Wine Australia. Exemptions may also apply for consignments of commercial samples. Wine Australia should be contacted in the first instance in such cases.

Contact details for Wine Australia are at Appendix 14.

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Section 14 – Wheat Exports Australia

Wheat Exports Australia (WEA) was established on 1 July 2008 as part of the reform of

Australia’s wheat export arrangements.

WEA operates under the Wheat Export Marketing Act 2008. Their primary role is to

administer the Wheat Export Accreditation Scheme. This scheme was introduced to

develop a bulk wheat export market using multiple exporters providing more choice for

growers. As an independent statutory body WEA has the power to grant, suspend,

cancel or vary bulk wheat export accreditations. The WEA facilitates the operations of Australia’s legislated wheat export arrangements and informs Government and growers of outcomes, in accordance with the Wheat Marketing Act 2008. The main functions of the WEA are to:

• regulate the export of bulk wheat from Australia through the Wheat Export

Accreditation Scheme.

• maintain a public register of each accredited wheat exporter.

• monitor the ongoing performance of accredited companies through an annual

reporting system.

• manage operations efficiently and effectively, consistent with sound corporate

governance principles, and inform stakeholders of our activities.

Section 57 of the Wheat Marketing Act 1989 outlines the control of bulk wheat exports from Australia, following changes introduced by the Wheat Marketing Amendment Bill 2007 to deregulate wheat exports in bags and containers. Bulk wheat is conditionally prohibited from export in accordance with the Wheat Marketing Act 1989 and the Customs (Prohibited Exports) Regulations 1958 and may not be exported unless the necessary export consent is obtained from the WEA as the recognised permit issuing agency. The WEA assesses applications for bulk export consents against published guidelines. Recommendations are then made to the Minister for Agriculture, Fisheries and Forestry, who directs the WEA to either grant or refuse a bulk application. Phytosanitary requirements for wheat exports are controlled by the Department of Agriculture, Fisheries and Forestry’s Export Control (Plant and Plant Product) Orders 2005.

Contact details for WEA are at Appendix 14.

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Section 15 – Australian Federal Police

The Australian Federal Police (AFP) has numerous responsibilities under a wide range of legislation. The AFP also administers export controls on counterfeit credit, debit and charge cards.

Counterfeit Credit Cards The AFP is responsible for administering regulation 13D of the Customs (Prohibited Exports) Regulations 1958. This regulation puts into effect controls on the exportation of counterfeit credit, debit and charge cards. The ordinary meaning of the word ‘counterfeit’ is intended to apply to these controls. This means that any non-genuine credit, debit and charge cards that are, for instance, made to imitate and pass for genuine cards are subject to the export controls. Examples of the situations covered include where a card has a name and number that do not match the issuing authority’s records, and where more than one card has the same number embossed on it, or where from a forensic or expert examination it has been determined the card has not been legitimately issued. The exportation of counterfeit credit, debit and charge cards is prohibited unless permission has been given by the Minister and this permission has been produced to Customs and Border Protection. For the purposes of regulation 13D, ‘the Minister’ is the Minister with the responsibility for administering the Australian Federal Police Act 1979. The export controls on counterfeit cards are not designed to be absolute prohibitions, as there may be limited circumstances where the exportation of such cards is desirable. For example, it is possible that law enforcement agencies, financial institutions or credit providers (such as the credit card companies) may seek to examine the cards to enable them to improve mechanisms to avoid counterfeiting. However, only the Minister will be able to give such permission.

Export of Wildlife and Wildlife Products

Officers of the AFP are delegated to act as inspectors under Section 397(1)(a) of the Environment Protection and Biodiversity Conservation Act 1999. In relation to members of other State and Territory Police Forces, by virtue of section 398 of the Act, the Minister has to enter into an arrangement with the appropriate State or Territory Minister to authorise members of the State or Territory Police Forces to be inspectors.

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Export of Movable Cultural Heritage AFP officers (and State and Territory Police officers) are delegated to act as Protection of Movable Cultural Heritage (Cultural Heritage) inspectors under Section 28 of the Protection of Movable Protection of Movable Cultural Heritage Act 1986. This enables AFP offices to seize cultural heritage goods. In addition, any cultural heritage goods seized by a Customs and Border Protection officer under Section 203T of the Act must be delivered to a Cultural Heritage inspector for further action.

Contact details for the AFP are at Appendix 13.

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Division 5 Australian Bureau of Statistics

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Section 1 – Trade Statistics

Foreign trade statistics measure Australia’s exports and imports of goods and associated shipping and air cargo movements. Trade statistics are compiled from information submitted to Customs and Border Protection by Australian importers and exporters. The Australian Bureau of Statistics (ABS) is the main source of comprehensive and up-to-date statistics on Australia’s foreign trade. International merchandise trade statistics provide essential information about Australia’s trading role within the international environment. They are some of the most valuable decision-making tools available to businesses competing in the import and export fields and are vital to governments in formulating and monitoring policy initiatives and international trade negotiations. Other uses include:

• trade promotion work by both government and private sectors; • compiling the merchandise trade component of the balance of payments and the

national accounts; • evaluating Australia’s import and export performance; • monitoring commodity price and volume changes; and • conducting market research into the possibilities for expanding existing markets

and developing new markets.

The information provided to Customs and Border Protection by exporters or their agents is supplied to the ABS once processing by Customs and Border Protection is complete. Customs and Border Protection advises the ABS of Export Declaration particulars and Export Declaration Numbers (EDNs) and, at a later stage, of the acquittal of these EDNs on manifests. The ABS undertakes further quality checking procedures designed to detect and correct inaccuracies before statistics are compiled and published. Exports information supplied to the ABS by Customs and Border Protection is only disclosed as statistical aggregates. However, the aggregates for trade in some commodities may relate to a single person or organisation. Confidentiality restrictions are placed on the release of statistics where the data of one exporter is identifiable and that exporter has requested a suppression of the data. While confidentiality restrictions do not affect total export data they can impact on data at the commodity level.

Contact details for the ABS National Information and Referral Service are at

Appendix 13.

Contact details for the ABS Confidentiality Manager are at Appendix 13.

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Section 2 – Australian Harmonized Export Commodity Classification

When providing Export Declarations to Customs and Border Protection, exporters and agents must classify goods according to the Australian Harmonized Export Commodity Classification (AHECC), which is designed to assist in the compilation and interpretation of export statistics published by the ABS. The AHECC is based on more than 5000 six-digit items of the Harmonized Commodity Description and Coding System (HS) and, with a few exceptions, is directly comparable with the six digit base of the Customs and Border Protection Tariff for statistical purposes. Further subdivisions have been included in the AHECC where necessary by the addition of two extra digits to the HS six digit base. The HS is a broad classification system used for classifying goods involved in international trade. It provides international statistical and administrative comparability of trade information. While the HS is reviewed by the World Customs Organisation on a regular basis, major changes are only implemented every five years.

Classification Advisory Service

Customs and Border Protection provides a formal AHECC Advisory Service, developed specifically for clients who require assistance with the classification of goods for export. To access the AHECC service clients should download a B318 form Application for AHECC – Exports Advice from the Customs and Border Protection internet site, www.customs.gov.au under Media Publications and Forms > Forms.

Contact details for the AHECC Advisory Service are at Appendix 12.

Changes to the AHECC The ABS updates the AHECC twice yearly, in January and July. These updated files are transferred to Customs and Border Protection which then forwards them on to network providers. The network providers are responsible for passing these updates onto their own clients and other software providers. While administering the AHECC system is costly, the ABS will consider requests for specific changes to the AHECC. When considering new requests, the ABS tries to ensure that the AHECC does not become too large or complex. The ABS aims to provide information that is relevant to users’ needs. Periodically, users of statistics find that the detail provided at the statistical code level of the AHECC does not meet their needs, and write to the ABS proposing an amended structure. The

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ABS will then conduct a Classification Feasibility Study (CFS) to determine whether the proposed changes should be made. The CFS involves consultation with a representative selection of customs brokers and exporters trading in all of the commodities proposed for separate identification. A CFS will not generally be undertaken unless the proposal is accompanied by support from an industry association or Government department or authority. A CFS must establish that:

• the proposed wording can be readily interpreted by the people responsible for completing export documentation;

• there is somewhere to classify every possible component of a subheading; • levels of trade for each of the proposed new codes are likely to be significant

enough to warrant any additional burden on importers, exporters, Customs and Border Protection and ABS in the reporting of the data; and

• the new codes introduced will not be subject to confidentiality embargoes. Since July 1994, the ABS has applied a charge to recover the cost incurred by the ABS in undertaking a CFS. For information regarding changes to, or general queries on the AHECC, contact the International Trade Section of the Australian Bureau of Statistics.

Contact details for the ABS International Trade Section are at Appendix 13.

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Section 3 – Common Reporting Errors

Given the reliance of business and policy makers on international merchandise trade statistics, it is vital that the statistics the ABS publishes are as accurate as possible at all levels of aggregation. It is important for users of Australia’s trade statistics that export information is reported accurately. The ABS checks Customs and Border Protection data to identify inaccuracies before statistics are compiled and published. Where inconsistencies are identified, the ABS may contact the exporter/agent for confirmation of details. If errors are identified, amendments are made to the data and the revised information is released with the next month’s statistics. Common reporting errors occur in the reporting of:

• export quantities (the specified unit of quantity must be used); • classification of export goods (the ‘other’ category should only be used when

more specific classifications do not apply); • state of origin; and • destination country.

Refer to the section ‘Completing an Export Declaration’ for more information on what information to include in each field.

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Division 6 Certificates of Australian Origin

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Section 1 – What is a Certificate of Origin?

A Certificate of Origin (C/O) is a specific document identifying goods and containing a certificate by a government authority or other empowered body that the goods meet the rules of origin requirements of a specific country. Rules of Origin are usually set down in international trade agreements and in national law, and generally follow either a value-added/substantial transformation, or a change of tariff classification, approach. Many countries require their import documents to include a certificate of origin for a variety of reasons, e.g., for duty calculation or trade description purposes. They may also require commercial invoices and/or other documents to be endorsed by a Chamber of Commerce or an authorised issuing body.

Declaration of Origin A Declaration of Origin is a statement as to the origin of goods, which is made by the manufacturer, producer, supplier, exporter or other competent person on a commercial invoice or other document relating to the goods. It is often used where the goods concerned would not be entitled to a certificate of origin.

Evidence of Origin Before issuing documentary evidence of origin, the representative of the Australian Chamber of Commerce and Industry (ACCI) or the Australian Industry Group (Ai Group) signing the certificate must be satisfied by evidence produced by the exporter, or by other enquiries made, that the goods referred to on the certificate are of Australian origin, as defined by the ACCI, refer Appendix 9. Evidence required to satisfy a person signing documentary evidence of origin that goods are of Australian origin will vary depending on the nature of the goods. If there is any doubt as to the origin of the goods, further documentary information may be sought, or physical inspection may be required, until the person signing the documentary evidence of origin is satisfied as to the correct origin. Customs and Border Protection does not administer the issue of certificates for goods exported from Australia. Queries should be referred to the ACCI or Ai Group.

Contact details for the Australian Chamber of Commerce and Industry and the

Australian Industry Group are at Appendix 9.

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Division 7 Trade Descriptions

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Section 1 – Trade Descriptions of Goods for Export

The Commerce (Trade Descriptions) Act 1905 specifies the labelling and marking requirements for goods imported to and exported from Australia. Exporters should be aware that it is an offence to knowingly apply any false trade descriptions to any goods destined for export or to export such goods. A false trade description means any description which by addition, deletion, effacement or otherwise is false or is likely to mislead. Trade description markings must be:

• in prominent and legible characters; and • on a principal label or brand attached to the goods in a prominent position in as

permanent manner as practical. This section of Volume 12 outlines the requirements for labelling with particular regard to goods exported from Australia. While some of the requirements for imports are similar to those of exports, they should not be considered to be the same. More information regarding labelling and marking requirements for goods imported into Australia is available from the Manager, Community Protection, Central Office.

Trade Description The Commerce (Trade Descriptions) Act 1905 details the definitions of ‘Trade Description’ and ‘False Trade Description’. A trade description, in relation to any goods, means any description, statement, indication, or suggestion, direct or indirect:

• as to the nature, number, quantity, quality, purity, class, grade, measure, gauge, size or weight of the goods;

• as to the country or place in or at which the goods were made or produced; • as to the manufacturer or producer of the goods or the person by whom they

were selected, packed, or in any way prepared for the market; • as to the mode of manufacturing, producing, selecting, packing, or otherwise

preparing the goods; • as to the material or ingredients of which the goods are composed, or from

which they have been derived; or • as to the goods being the subject of an existing patent privilege, or copyright.

This definition includes the goods description within a Customs and Border Protection declarations relating to the goods. Any mark which, according to commercial convention or common belief, is commonly taken to be an indication of any of the matters listed above shall be deemed to be a trade description within the meaning of Commerce (Trade Descriptions) Act 1905.

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False Trade Description A false trade description means any trade description which, by reason of anything contained therein or omitted from, is false or likely to mislead in a material respect as regards the goods to which it is applied, and includes every alteration of a trade description, whether by way of addition, effacement, or otherwise, which makes the description false or likely to mislead in a material respect. A false trade description will be considered to have been applied to goods if it is:

• applied to the goods themselves; or • applied to any covering, label, reel, or thing used in connection with the goods;

or • used in any manner that is likely to lead to the belief that the description

describes or designates the goods. According to section 12 of the Commerce (Trade Descriptions) Act 1905, no person shall export or enter for exportation goods to which a false trade description is applied, or apply a false trade description to any goods intended for export or taken to a place for export. The penalty for an offence against section 12 of the Commerce (Trade Descriptions) Act 1905 is AUD$10,000. If the CEO is satisfied that the offence against section 12 was not intentional or reckless, a notice in writing may be issued to the exporter requiring them to correct the false trade description prior to exportation or to cancel the exportation and withdraw the declarations, if applicable. If the export does not comply with the notice, the goods will be forfeited to the Crown. The penalties and requirements outlined above do not apply to goods that are prescribed goods under the Export Control Act 1982.

Customs and Border Protection Powers of Examination under the Commerce (Trade Descriptions) Act 1905 Customs and Border Protection officers have the power, under the Commerce (Trade Descriptions) Act 1905, to examine goods that:

• have been entered for export; • have been brought to a wharf or place for export; or • are in the course of manufacture or preparation for export.

An officer may enter any ship, wharf or place, open any packages or do anything else as necessary to enable the examination of the goods for export. A Customs and Border Protection officer may take samples, where practicable, of the goods during the course of the examination.

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Appendices

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Appendix 1 Abbreviations Used in this Manual Abbreviation Definition

AAA Australian Automobile Association

ABN Australian Business Number

ABS Australian Bureau of Statistics

ACCI Australian Chamber of Commerce and Industry

The Act The Customs Act 1901

ADF Australian Defence Force

AFP Australian Federal Police

AGD Attorney-General’s Department

AGVET REGS Agricultural and Veterinary Chemicals (Administration) Regulations 1995

AHECC Australian Harmonised Export Commodity Classification

AI Group Australian Industry Group

AIT Alliance Internationale de Tourisme

ANO Authority Number

AQA Approved Quality Assurance

AQIS Australian Quarantine and Inspection Service

ARPANSA Australian Radiation Protection and Nuclear Safety Agency

ARTG Australian Register of Therapeutic Goods

ATA Admission Temporaire/Temporary Admission

AUSTRAC Australian Transactions Reports and Analysis Centre

AWB Australian Wheat Board

AWBC Australian Wine and Brandy Corporation

CAN Customs Authority Number

CBV Courier Baggage Voucher

CEO Chief Executive Officer

CFS Classification Feasibility Study

CITES Convention on International Trade in Endangered Species of Flora and Fauna

C/O Certificate of Origin

cm centimetre

CPD Carnet de Passages en Douane

CRN Consolidation (Sub-manifest) Reference Number

CTO Cargo Terminal Operator

CVP Continuing Voyage Permit

DAFF Department of Agriculture, Fisheries and Forestry

DECO Defence Export Control Office

DEP Department of Defence ‘Defence and Related Goods’ permission

DSEWPaC Department of Sustainability, Environment, Water, Population and Communities

DFAT Department of Foreign Affairs and Trade

DoHA Department of Health and Ageing

DRET Department of Resources, Energy and Tourism

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Abbreviation Definition

DSGL Defence and Strategic Goods List

Defence Department of Defence

DIT Department of Infrastructure and Transport

DV Delivery Verification Certificate

EDI Electronic Data Interchange

EDN Export Declaration Number

EPG Environment Protection Group

EPBC Act Environment Protection and Biodiversity Conservation Act 1999

EPN Export Permit Number

WEA Wheat Exports Australia

EXDOC Export Documentation (system)

FCL Full Container Load

FIA Federation Internationale de l’Automobile

FOB Free-on-Board

GST Goods and Services Tax

HAL Horticulture Australia Limited

HBFC Hydrbromofluorocarbon

HCFC Hydrochlorofluorocarbon

HS Harmonised (Commodity Description and Coding) System

HW Act Hazardous Waste (Regulation of Exports and Imports) Act 1989

IATA International Air Transport Association

IC Import Certificate

IC REGS Industrial Chemicals (Notification and Assessment) Regulations 1990

ICS Integrated Cargo System

kg Kilogram

KPCS Kimberley Process Certification Scheme

L litre

LCL Less than Container Load

ml millilitre

mm millimetre

MEP Mineral Export Permit

MMN Main Manifest Number

NCHC National Cultural Heritage Committee

NCHCL Natural Cultural Heritage Control List (in the Protection of Movable Cultural Heritage Regulations)

NHMRC National Health and Medical Research Council

NICNAS National Industrial Chemicals Notification and Assessment Scheme

NMLG Non Military Lethal Goods

NN Non-proprietary Name

OECD Organisation for Economic Cooperation and Development

OFLC Office of Film and Literature Classification

OSCORD Overseas Coordination Unit

PBS Pharmaceutical Benefits Scheme

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Abbreviation Definition

PE Regs Customs (Prohibited Exports) Regulations 1958

PIA Primary Industry Authority

PID Primary Industry Dairy

PIDC Pacific Island Developing Country

PIF Primary Industry Fish

PIG Primary Industry Grains

PIH Primary Industry Horticulture

PIL Primary Industry Livestock

PIM Primary Industry Meat (Electronic permit)

PIP Primary Industry Meat (Paper permit)

PIV Primary Industry Viniculture (Dried Fruit)

RFA Regional Forest Agreement

RFP Request for Permit

RGP Restricted Goods Permits

SEW Single Electronic Window

SVP Single Voyage Permit

TGA Therapeutic Goods Administration

TIN Temporary Import Number

UBMR Under Bond Movement Request

UN United Nations

UNESCO United Nations Educational, Scientific and Cultural Organisation

UN Charter Charter of the United Nations Act 1945

UN/LOCODE United Nations Location Code

UNSC United Nations Security Council

VA Voluntary Arrangement

VECCI Victorian Chamber of Commerce and Industry

WHO World Health Organisation

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Appendix 2 Legislation Referred to in this Manual A New Tax System (Goods and Services Tax) Act 1999 Agricultural and Veterinary Chemicals (Administration) Regulations 1995 Australian Bureau of Statistics Act 1975 Australian Federal Police Act 1979 Australian Horticultural Corporation Act 1987 Australian Horticultural Corporation (Export Control) Regulations Australian Meat and Live-stock Industry Act 1997 Australian Meat and Live-stock Industry (Export Licensing) Regulations 1998 Australian Meat and Live-stock Industry Regulations 1998 Australian Meat and Live-stock Industry (Export of Live-stock to Saudi Arabia) Order 2005 Australian Meat and Live-stock Industry (Live Cattle Exports to Republic of Korea) Order 2002 Australian Meat and Live-stock Industry (Standards) Order 2005 Australian Shipping Registration Act 1981 Australian Wine and Brandy Corporation Act 1980 Australian Wine and Brandy Corporation Regulations 1981 Census and Statistics Act 1905 Charter of the United Nations Act 1945 Charter of the United Nations (Sanctions – Afghanistan) Regulations 2001 Charter of the United Nations (Sanctions – Côte d’Ivoire) Regulations 2005 Charter of the United Nations (Sanctions – Democratic People’s Republic of Korea) Regulations 2006 Charter of the United Nations (Sanctions – Democratic Republic of Congo) Regulations 2005 Charter of the United Nations (Sanctions - Eritrea) Regulations 2010 Charter of the United Nations (Sanctions – Iran) Regulations 2007 Charter of the United Nations (Sanctions – Iraq) Regulations 2006 Charter of the United Nations (Sanctions – Lebanon) Regulations 2006 Charter of the United Nations (Sanctions – Liberia) Regulations 2002 Charter of the United Nations (Sanctions - Libyan Arab Jamahiriya) Regulations 2011 Charter of the United Nations (Sanctions – Somalia) Regulations 2006 Charter of the United Nations (Sanctions – Sudan) Regulations 2005 Commerce (Trade Descriptions) Act 1905 Customs Act 1901 Customs Administration Act 1985 Customs (Prohibited Exports) Regulations 1958 Customs (Prohibited Imports) Regulations 1956 Environment Protection and Biodiversity Conservation Act 1999 Export Control Act 1982 Export Control (Orders) Regulations 1982 Export Control (Animals) Order 2004 Export Control (Eggs and Egg Products) Orders 2005 Export Control (Fish and Fish Products) Orders 2005 Export Control (Hardwood Wood Chips) Regulations 1996 Export Control (Hay and Straw) Orders 2005 Export Control (Meat and Meat Products) Orders 2005 Export Control (Milk and Milk Products) Orders 2005 Export Control (Organic Produce Certification) Orders Export Control (Prescribed Goods – General) Order 2005 Export Control (Plants and Plant Products) Orders 2005

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Export Control (Regional Forest Agreements) Regulations Export Control (Unprocessed Wood) Regulations Export Control (Poultry Meat and Poultry Meat Product) Orders 2010 Export Control (Wild Game Meat and Wild Game Meat Product) Orders 2010 Export Control (Rabbit and Ratite Meat) Orders 1985 Financial Transaction Reports Act 1988 Freedom of Information Act 1982 Hazardous Waste (Regulation of Exports and Imports) Act 1989 Industrial Chemicals (Notification and Assessment) Regulations 1995 Narcotic Drug Act 1967 National Health Act 1953 Navigation Act 1901 Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 Petroleum (Timor Sea Treaty) Act 2003 Prohibition of Human Cloning Act 2002 Protection and Biodiversity Conservation Regulations 2000 Protection of Movable Cultural Heritage Act 1986 Protection of Movable Cultural Heritage Regulations 1987 Research Involving Human Embryos Act 2002 Sea Installations Act 1987 Shipping Registration Act 1981 Statistics Regulations Therapeutic Goods Act 1989 Therapeutic Goods Regulations 1990 Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 Wheat Marketing Act 1989 Wildlife Protection (Regulation of Exports and Imports) Act 1982

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Appendix 3 Country Codes COUNTRY NAME COUNTRY

CODE AREAS INCLUDED

Afghanistan AF

Aland Islands AX

Albania AL

Algeria DZ

American Samoa AS

Andorra AD

Angola AO Includes Calindra (also known as Cabinda).

Anguilla AI Part of St Kitts-Nevis-Anguilla until 1980.

Antarctica AQ

Antigua and Barbuda AG Part of Leeward Islands group until 1967.

Argentina AR

Armenia AM Formerly part of USSR.

Aruba AW

Australia AU

Austria AT Excludes Jungholz in Tirol and Mittelberg im Kleinen Walsertal in Vorarlberg, for which see Germany.

Azerbaijan AZ Formerly part of USSR.

Bahamas BS

Bahrain BH Excludes Turks and Caicos Islands.

Bangladesh BD

Barbados BB

Belarus BY Formerly part of USSR.

Belgium BE

Belize BZ

Benin, Republic of BJ

Bermuda BM

Bhutan BT

Bolivia BO

Bosnia and Herzegovina BA Formerly part of Yugoslavia. Spelling is Herzegowina in ICS.

Botswana BW

Bouvet Island BV

Brazil BR

British Indian Ocean Territory

IO Chagos Archipelago (uninhabited).

Brunei Darussalam BN

Bulgaria BG

Burkina Faso BF Formerly Republic of Upper Volta, pre 1984.

Burundi BI

Cambodia KH

Cameroon CM Includes the former Trust Territories of Cameroon and Southern Cameroons.

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COUNTRY NAME COUNTRY CODE

AREAS INCLUDED

Canada CA

Cape Verde CV Includes Boa Vista, Brava, Fogo, Maio, Sal, Santo Antoa, Soa Nicolau, Soa Tiago and Sao Vincente.

Cayman Islands KY British Colony.

Central African Republic CF

Chad TD Also known as Tchad.

Chile CL Includes Africa, Easter Island and the islands off the Chilean Coast.

China, People’s Republic of

CN Excludes the Special Administrative Regions (e.g. Hong Kong) and Taiwan.

Christmas Island CX Indian Ocean (Australian Territory).

Cocos Islands CC Australian Territory. Also known as Keeling Islands.

Colombia CO

Comoros KM Also known as Comoros Islands, includes Anjouan, Grand Comore, Moheli and other islands.

Congo CG

Congo, Democratic Republic

CD Formerly Zaire.

Cook Islands CK Self-governing State in association with New Zealand comprising the Cook Islands and other Pacific Islands of the Lower and Northern Cook Groups.

Costa Rica CR

Côte d’Ivoire CI

Croatia HR Formerly part of Yugoslavia. Also known as Hrvatska.

Cuba CU

Cyprus CY

Czech Republic CZ Formerly part of Czech and Slovak Republic.

Denmark DK Includes the Faroe Islands and Greenland.

Djibouti DJ

Dominica DM

Dominican Republic DO

Ecuador EC Includes Galapagos Islands.

Egypt EG

El Salvador SV Also known as Salvador.

Equatorial Guinea GQ Includes Macias Ngeuma Bioko, Rio Muni, Corisco, Elobey Chico and Grand Annabou.

Eritrea ER Formerly part of Ethiopia.

Estonia EE Formerly part of USSR.

Ethiopia ET Excludes the trading station of Gambela which is leased to the Sudan. Also known as Socialist Ethiopia.

Falkland Islands and Dependencies

FK Includes South Georgia, South Sandwich Islands, West Falkland and East Falkland. Also known as Islas Malvinas.

Faroe Islands FO Also known as Faeroe Islands.

Fiji FJ Includes Vanua Levu, Viti Levu, Taveuni, Rabi, Yasawa Group, Kadavu, Rotuma, Lau Group and other small islands.

176


AREAS INCLUDED

Finland FI Includes Aaland Islands.

Former Yugoslav Republic of Macedonia

MK Formerly part of Yugoslavia.

France FR Including Monaco and Andorra.

French Guiana GF An overseas department of France. Also known as Cayenne.

French Southern Territories

TF The French Southern and Antarctic Lands or Terres Australes et Antarctiques Francaises (St Paul, Territories New Amsterdam, Crozet Islands and Kerguelan Islands, Adelie Land).

Gabon GA Also known as Gaboon or Gabun.

Gambia GM

Georgia GE Formerly part of USSR.

Germany, Federal Republic

DE Includes Austrian enclaves of Jungholz in Tirol and Mittelberg im Kleinen Walsertal in Vorarlberg.

Ghana GH

Gibraltar GI

Greece GR Includes Aegean Islands, Ionian Islands, Dodecanese Islands, Crete and Mt Athos autonomous area.

Greenland GL

Grenada GD Includes South Grenadine Islands.

Guam GU An organised unincorporated territory of the USA.

Guandeloupe GP An overseas department of France.

Guatemala GT

Guinea GN Also known as Popular and Revolutionary Republic of Guinea.

Guinea-Bissau GW

Guyana GY

Haiti HT

Heard Island and McDonald Islands

HM

Holy See (Vatican City State)

VA

Honduras HN

Hong Kong HK Includes the island of Lantao, Kowloon Peninsula and the New Territories. Also known as Hisiangkang and Xianggang.

Hungary HU

Iceland IS

India IN Includes the Ainivis, Laccadives, Andaman and Nicobar Islands and Sikkim.

Indonesia ID Includes Java, Mandura, Sumatra, Raiu Archipelago, Lingga Archipelago, Bangka, Biliton, Borneo (excluding Sarawak, Sabah and Brunei), Celebes, Malacca Islands, Bali, Lombok, Sumbawa, Flores, Timor, Irian Jaya and other territories.

International ZONE XZ Used for goods placed in the ocean outside any territorial waters.

177


AREAS INCLUDED

Iran, Islamic Republic of IR Formerly known as Persia.

Iraq IQ Excludes the Neutral Zone jointly administered by Saudi Arabia and Iraq.

Ireland IE

Israel IL

Italy IT Includes Sicily, Sardinia, Elba, Pantelleria, Lampedusa, Vatican City and the Republic of San Marino.

Jamaica JM Includes Morant Cays and Pedro Cays.

Japan JP Includes Okinawa, the Bonin Islands and the islands of Amami Oshima.

Johnston Atoll XA USA dependencies.

Jordan JO

Kazakhstan KZ Formerly part of USSR.

Kenya KE

Kiribati KI Self governing British Territory, including Phoenix Islands, comprising Kanton and Enderbury under Anglo-American Condominium, Birnie, McKean, Rawaki (Phoenix), Orona (Hull), Manra (Sydney) and Nikumaroro (Gardner), Ocean Island, Gilbert Islands, Northern and Southern Line Islands (Fanning, Washington and Christmas).

Korea, Democratic People’s Republic of

KP The Korean peninsula north of the 38 parallel. Also known as North Korea.

Korea, Republic of KR The Korean peninsula south of the 38 parallel. Also known as South Korea.

Kuwait KW Includes the Neutral Zone jointly administered by Kuwait and Saudi Arabia.

Kyrgyzstan KZ Formerly part of USSR.

Lao, People’s Democratic Republic of

LA

Latvia LV Formerly part of USSR.

Lebanon LB

Lesotho LS

Liberia LR

Libyan Arab Jamahiriya LY

Liechtenstein LI

Lithuania LT

Luxembourg LU

Macau MO

Macedonia MK Former Yugoslav Republic of Macedonia

Madagascar MG

Malawi MW

Malaysia MY Includes Peninsula Malaysia, Sabah and Sarawak.

Maldives MV Also known as Maldive Islands.

Mali ML

Malta MT Includes Gozo, Comino and islets Cominette and Filfla.

178


AREAS INCLUDED

Mariana Islands MP Self-governing territory of USA with Commonwealth status.

Marshall Islands MH Self-governing territory in free association with USA.

Martinique MQ An overseas department of France.

Mauritania MR

Mauritius MU Mauritius, Agalega, Cargados, Carajos (St Brandon Group) and Rodrigues.

Mayotte YT An overseas collectivity of France consisting of a main island, Grande-Terre (or Mahoré), a smaller island, Petite-Terre (or Pamanzi), and surrounding islets.

Mexico MX

Micronesia, Federated States

FM Includes the states of Yap, Truk, Pohnpei and Kosrae.

Midway Islands XB USA Dependency.

Moldova, Republic of MD

Monaco MC

Mongolia MN Excludes Inner Mongolia (see China). Also known as Outer Mongolia.

Montenegro ME Formerly Serbia and Montenegro.

Montserrat MS Part of Leeward Islands group until 1967.

Morocco MA Includes Tangier, Spanish Morocco and Ifni Territory and (for statistical purposes) the following places of Spanish Sovereignty: Alhucemas, Chafarinas, Ceuta, Melilla and Penon de Velez. Formerly French Morocco.

Mozambique MZ

Myanmar MM Formerly known as Burma.

Namibia NA

Nauru NR

Nepal NP

Netherlands NL

Netherlands Antilles AN Includes Curacao, Bonairem Southern St Martin, St Eustatius and Saba.

New Caledonia NC Includes Houn Islands, Isle of Pines, Loyalty Islands, Belep Archipelago, Chesterfield Islands and Walpole.

New Zealand NZ North and South Islands, Stewart Island, Chatham Islands, Kermadec Islands, Antipodes Islands, Auckland Islands, Bounty Island, Campbell Islands and Snares Islands.

Nicaragua NI

Niger NE

Nigeria NG

Niue NU Self-governing territory of New Zealand.

Norfolk Island NF Australian territory.

Northern Mariana Islands MP

Norway NO Includes Svalbard (Spitzberg, Bear Island and adjacent islands), Jan Mayen Island and Norwegian Antarctic Possessions.

179


AREAS INCLUDED

Oman OM

Pakistan PK

Palau PW

Palestinian Territory, occupied

PS Formerly known as Palestine.

Panama PA Includes Panama Canal Zone.

Papua New Guinea PG Includes Bismark Archipelago, Louisade Archipelago, Admiralty Islands, d’Entrecasteaux Islands, Northern Solomon Islands (Bougainville, Buka, etc), Trobriand Islands, New Britain, New Ireland, Woodlark and associated islands.

Paraguay PY

Peru PE

Philippines PH

Pitcairn Islands PN British overseas territory comprising Henderson, Ducie, Pitcairn and Oeno Islands.

Poland PL

Portugal PT Includes the Azores and Madeira Islands.

Puerto Rico PR Self-governing territory of USA with Commonwealth status.

Qatar QA

Republic of Moldova MD

Reunion RE An overseas department of France. Includes Ile Europa, Bassas da India, Juan de Nova, Iles Glorieuses and Ile Tromelin.

Romania RO Also known as Rumania or Roumania.

Russian Federation RU

Rwanda RW

Samoa WS Includes Upolu, Savai’I and other small islands.

Sao Tome and Principe Democratic Republic

ST Formerly Portuguese Overseas Possession.

Saudi Arabia SA Includes the Neutral Zone jointly administered by Saudi Arabia and Iraq, but excludes the Neutral Zone jointly administered by Kuwait and Saudi Arabia.

Senegal SN

Serbia RS Formerly Serbia and Montenegro.

Seychelles SC Includes Alphonse, Bijoutier, St Francois Islands, St Pierre Islet, Cosmoledo Islands, Amirantes, Aldabra, Farquhar and Desroches.

Sierra Leone SL

Singapore SG

Slovak Republic SK Slovakia, formerly part of Czech and Slovak Republic.

Slovenia SI Formerly part of Yugoslavia.

Solomon Islands SB Includes Southern Solomon Islands, Guadalcanal, Malaita, Santa Isabel, Choiseul and San Christobel.

180


AREAS INCLUDED

Somalia SO

South Africa ZA Includes Walvis Bay, Marion Islands and Prince Edward Islands.

South Georgia and the South Sandwich Islands

GS A British overseas territory.

Spain ES Includes Balearic Islands and Canary Islands, but excludes Alhucemas.

Sri Lanka LK

St Helena SH Includes Ascension, Tristan da Cunha, Gough Island, Inaccessible and Nightingale Islands.

St Kitts and Nevis KN Also known as St Christopher-Nevis.

St Lucia LC Formerly part of the Windward Islands Group.

St Pierre and Miquelon PM French Overseas Territory.

St Vincent and Grenadines VC Includes North Grenadine Islands.

Sudan SD Includes the trading station of Gambeila which is leased from Ethiopia.

Suriname SR

Svalbard and Jan Mayen Islands

SJ

Swaziland SZ

Sweden SE

Switzerland CH Includes the Principality of Liechtenstein.

Syrian Arab Republic SY

Taiwan Province TW Republic of China. Includes the Pescadores Islands and the Matsu and Quemoy Groups.

Tajikistan TJ Formerly part of USSR.

Tanzania, United Republic of

TZ

Timor-Leste, Democratic Republic of

TP Also known as East Timor.

Thailand TH

The Russian Federation (Russia)

RU Formerly part of USSR.

Togo TG

Tokelau TK A non-self-governing territory administered by, New Zealand. Previously known as the Union Islands.

Tonga TO Vava’u, Ha’apai, Tongatapu and Nomuka Groups.

Trinidad and Tobago TT

Tunisia TN

Turkey TR

Turkmenistan TM

Turks and Caicos Islands TC British Colony.

Tuvalu TV Includes Funafuti, Nurakita, Nuitao, Nukufetau, Nukulaelae and Vaitupu.

Uganda UG

Ukraine UA Formerly part of USSR.

181


AREAS INCLUDED

United Arab Emirates AE Includes Tas Al Khaimah, Abu Dhabi, Dubai, Fujairah, Sharjah, Ajman and Umm Al Qaiwain.

United Kingdom GB Includes England and Wales, Scotland, the six counties of Northern Ireland, the Isles of Wight and Man, Scilly Islands, the Hebrides, Orkney Islands, Shetland Islands and the Channel Islands.

United States of America US Includes Hawaii but excludes Puerto Rico

United States Minor Outlying Islands

UM Consists of nine insular United States possessions: Wake Island, Johnston Atoll, Midway Atoll, Kingman Reef, Palmyra Atoll, Jarvis Island, Baker Island, Howland Island, Navassa Island, Bajo Nuevo Bank, and Serranilla Bank.

Unknown ZZ To be used where the Country of Final Destination can only be determined after the lodgement of the export entry.

Uruguay UY

Uzbekistan UZ Formerly part of USSR.

Vanuatu VU

Venezuela VE

Vietnam, Socialist Republic of

VN

Virgin Islands, USA VI Includes St Thomas, St Croix, St John and a number of small islands.

Virgin Islands, British VG Includes Anegada, Jost van Dyke, Tortola and Virgin Gorda.

Wake Island XC USA Dependency.

Wallis and Futuna Islands WF French Overseas Territory. Includes Iles de Horn, Ile Uvea and Ile Alofi.

Western Sahara EH

Willis Island WL

Yemen, Republic of YE Includes islands of Karaman, Perin and Socotra.

Yugoslavia YU Excludes Bosnia and Herzegovina, Croatia, Former Yugoslav Republic of Macedonia or Slovenia.

Zambia ZM

Zimbabwe ZW Formerly Southern Rhodesia, Rhodesia.

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Appendix 4 FOB Currency Codes COUNTRY NAME CURRENCY NAME CODE

Australia Dollar AUD

Brazil Real BRL

Canada Canadian Dollar CAD

China Yuan CNY

Denmark Krone DKK

European Community* Euro EUR

Fiji Dollar FJD

Hong Kong Hong Kong Dollar HKD

India Rupee INR

Indonesia Rupiah IDR

Israel Shekel ILS

Japan Yen JPY

Korea, Republic of Won KRW

Malaysia Ringgit MYR

New Zealand New Zealand Dollar NZD

Norway Krone NOK

Pakistan Rupee PKR

Papua New Guinea Kina PGK

Philippines Peso PHP

Singapore Singapore Dollar SGD

Solomon Islands Dollar SBD

South Africa Rand ZAR

Sri Lanka Rupee LKR

Sweden Krona SEK

Switzerland Swiss Franc CHF

Taiwan Dollar TWD

Thailand Baht THB

United Kingdom Pound GBP

USA US Dollar USD

The following countries of the European Community have the Euro as their currency: Austria; Ireland; Belgium; Italy; Luxembourg; the Netherlands; Finland; Portugal; France; Slovenia; and Germany; Spain. Greece;

183

Appendix 5 Australian Port Codes PORT NAME PORT CODE

AUSTRALIAN CAPITAL TERRITORY

CANBERRA AUCBR

NEW SOUTH WALES

BANKSTOWN AUBWU

BOTANY BAY AUSYD

COFFS HARBOUR AUCFS

DUBBO AUDBO

EDEN AUQDN

GOULBURN AUGUL

GRIFFITH AUGFF

KURNELL AUKUR

LORD HOWE IS AULDH

MASCOT AUMAS

MERIMBULA AUMIM

NEWCASTLE AUNTL

NOWRA AUNOA

PORT KEMBLA AUPKL

RICHMOND AURCH

SYDNEY AUSYD

SYDNEY POSTAL EXCHANGE AUSPX

TULLAMARINE AUTME

YAMBA AUYBA

NORTHERN TERRITORY

ALICE SPRINGS AUASP

BING BONG AUBBG

BUFFALO VENTURE AUBUV

CHALLIS VENTURE (OIL TERMINAL) AUCHV

DARWIN AUDRW

DARWIN AIRPORT AUDRA

DARWIN POSTAL EXCHANGE AUDPX

GOVE AUGOV

GROOTE EYLANDT AUGTE

JABIRU VENTURE (OIL TERMINAL) AUJOV

MELVILLE ISLAND AUMLI

MILNER BAY AUMIB

NORTHERN ENDEAVOUR AUNTE

SKUA VENTURE (OIL TERMINAL) AUSKV

TINDAL AUTIN

QUEENSLAND

ABBOT POINT AUABP

AMBERLEY RAAF AIRPORT AUABL

BOWEN AUZBO

BRISBANE AUBNE

BRISBANE APT AUBRA

BRISBANE POSTAL EXCHANGE AUBPX

BUNDABERG AUBDB

CAIRNS AUCNS

184

PORT NAME PORT CODE

CAPE FLATTERY AUCQP

COOLANGATTA AUOOL

GLADSTONE AUGLT

GOLD COAST APT/COOLANGATTA AUOOL

HAMILTON ISLAND AUHTI

HAYPOINT AUHPT

HINCHINBROOK ISLAND AUHNK

HORN ISLAND AUHID

KARUMBA AUKRB

LUCINDA AULUC

MACKAY AUMKY

MOURILYAN AUMOU

PORT ALMA AUPTL

PORT DOUGLAS AUPTI

ROCKHAMPTON AUROK

LORD HOWE ISLAND AULDH

SKARDON RIVER AUSKA

THURSDAY ISLAND AUTIS

TOWNSVILLE AUTSV

WEIPA AUWEI

SOUTH AUSTRALIA

ADELAIDE AUADL

ADELAIDE APT AUADA

ADELAIDE POSTAL EXCHANGE AUAPX

ARDROSSAN AUARD

EDINBURGH RAAF AIRPORT AUEBH

NURIOOTPA AUNOO

PORT ADELAIDE AUPAE

PORT AUGUSTA AUPUG

PORT BONYTHON AUPBY

PORT GILES AUPGI

PORT LINCOLN AUPLO

PORT PIRIE AUPPI

PORT STANVAC AUPST

PROPER BAY AUPRB

RAPID BAY AURAB

WALLAROO AUWAL

WHYALLA AUWYA

TASMANIA

BELL BAY AUBEL

BURNIE AUBWT

DEVONPORT AUDPO

GEORGE TOWN AUGEE

HOBART AUHBA

HOBART POSTAL EXCHANGE AUHBX

LAUNCESTON AULST

PORT ARTHUR AUPAU

PORT HUON AUPHU

185

PORT NAME PORT CODE

PORT LATTA AUPLA

SPRING BAY AUSPB

PORT STANLEY AUPSY

STANLEY AUSTA

STRAHAN AUSRN

VICTORIA

AVALON AIRPORT AUAVV

ESSENDON APT/MELBOURNE AUMEB

GEELONG AUGEX

MELBOURNE AUMEL

MELBOURNE POSTAL EXCHANGE AUMPX

MILDURA AUMQL

PORTLAND AUPTJ

WELSHPOOL AUWHL

WESTERNPORT AUWEP

WESTERN AUSTRALIA

AIRLIE TERMINAL AUAIR

ALBANY AUALH

BARROW ISLAND AUBWB

BROOME AUBME

BUNBURY AUBUY

CAPE CUVIER AUCCU

CARNARVON AUCVQ

COLLAN ISLANDS AUCLL

COSSACK PIONEER (OIL TERMINAL) AUCOP

DAMPIER AUDAM

DERBY AUDRB

ESPERANCE AUEPR

EXMOUTH AUPEX

FREMANTLE AUFRE

GERALDTON AUGET

GRIFFIN VENTURE (OIL TERMINAL) AUGRV

LEARMONTH AULEA

LEGENDRE TERMINAL AULGT

NGANHURRA FACILITY AUNGN

PERTH AUPER

PERTH POSTAL EXCHANGE AUPPX

PORT HEDLAND AUPHE

PORT WALCOTT AUPWL

STAGE PLATFORM AUSTG

THEVENARD AUTHE

USELESS LOOP AUUSL

VARANUS ISLAND AUVAR

WANDOO TERMINAL AUWNT

WOOLLYBUTT (OIL FACILITY) AUWBT

WYNDHAM AUWYN

YAMPI AUYAM

186

PORT NAME PORT CODE

EXTERNAL TERRITORIES

CHRISTMAS ISLAND CXXCH

COCOS ISLANDS CCCCK

CORAL SEA AUCRS

187

Appendix 6 Exempt Goods Codes

General Goods that are exempt from normal Customs and Border Protection export entry requirements are still required to be quoted on export main manifests and sub-manifests. Instead of using an Export Declaration Number, exempt goods are quoted on the main manifest or sub-manifest using an exemption code. The definitions of the following exempt goods codes should be used as a reference guide only. For complete descriptions of the goods covered by each exemption code, refer to the section titled “Goods Exempt from Export Declaration Requirements” in this manual.

EXDC – Australian Domestic Cargo This exemption code applies to cargo originating in one Australian port or airport and moving on an international ship or aircraft to another Australian port or airport, without the intention to export the goods.

EXDD – Military Goods owned by Australian Government This exemption code is used for military goods, of any value, that are the property of the Australian Government for use by the Australian Defence Force overseas.

EXLV – Goods not exceeding AUD$2,000 per consignment This code is used for goods that have a value of AUD$2,000 or less. For multiple goods in a consignment, the collective value may not exceed AUD$2,000. Any goods requiring a permit (regardless of value) must have an Export Declaration number and cannot quote EXLV on a manifest.

EXML – Bags of Mail This exempt goods code relates to both outwards Australia Post and diplomatic mail.

EXPE – Unaccompanied Personal/Household Effects This exemption code is used for the following goods:

• unaccompanied personal or household effects (including motor vehicles) of a passenger or crew member of a ship or aircraft; and

• household pets of a passenger or crew member of a ship or aircraft.

EXTI – Goods Temporarily Exported This exemption only covers goods exported from Australia that are covered by a temporary import concession under Section 162A of the Act, i.e. goods covered by a foreign carnet.

188

All other goods covered by a temporary import concession require the completion of an Export Declaration such as:

• goods with covered by an Event Status; • goods covered by an Australian issued carnet that are being temporarily

exported; and • goods that are the subject of an intergovernmental agreement that allows for

duty-free importation of the goods into Australia.

EXSP – Ships and Aircraft Stores Ship’s stores and aircraft’s stores are defined in section 130C of the Act as goods for the use of passengers or crew of a ship or aircraft or for the service of a ship or aircraft. Examples include consumables such as food, cleaning supplies, and goods held on an aircraft’s ‘bar’ cart. All ship or aircraft stores, with the exception of ship’s stores listed on a Form 43, are required to be reported on a manifest using exemption code EXSP. Alcohol and tobacco products prescribed in Schedule 1AAA of the Customs Regulations 1936 will require an Export Declaration in order to be released from a warehouse. Stores on which duty has not been paid may be taken onboard a ship or aircraft in accordance with an approval granted under section 129 of the Act. Under section 130B of the Act, if these goods are not used as stores for use on an international voyage or flight, Customs and Border Protection can demand the duty be paid on those stores as if they were imported and entered into home consumption. Note: ship’s spares and aircraft’s spares are defined as essential replacement items for the operation of the ship or aircraft such as equipment and tools. The exemption code EXSP is not used for spares in the export environment.

• Ship’s Stores

The mechanism for seeking approval to load stores on board a ship is the use of a Form 43 “Request to Load Goods (other than cargo) onto a Ship”. Ship’s stores that have been reported on a Form 43 are not required to be reported on the ship’s manifest. Containerised ship’s stores and spares that are not intended for the use of the ship on its immediate voyage and are loaded onboard as cargo must be quoted on the manifest using exemption code EXSP. Australian Customs and Border Protection Notice 2007/28 of 5 June 2007 refers.

• Aircraft’s Stores Due to the nature of the airline industry, airlines often maintain their own section 79 warehouse facilities, or contract to use a section 79 warehouse at an airport to maintain stores for use in an aircraft on an international flight. The section 79 warehouse facility is authorised to release stores to the airline and is required to maintain accurate records of the movement of goods.

189

Appendix 7 Software Providers and Developers The following is an alphabetical list of Software Providers and Developers. The contact details for the following Software providers can be found at: www.customs.gov.au under Cargo Support

• Advance Vision Technology • AntraSoft • Bryn Systems • CargoWise edi • Civica Pty Limited • Comdata Australia • CrimsonLogic Trade Australia Pty Ltd • Digerati • Espire Infolabs Pty Ltd • Europacific Logistics Solutions • Gavin Millman and Associates • Hi-Tech Freight Solutions (Aust) Pty Ltd • IMPEXDOCS • Mobius Management Systems • Parcelhous • Pelican Solutions Pty Ltd • Qmsoftware • QUEBERA • Riege Software International [Australia] Pty Ltd • Sandfield Associates • SAP Australia Pty Limited • Silicon Crafts • Solutions Australia P/L • SpeEDI Software Ltd • Syscob • The ECN Group • Tradegate Australia • Transaxiom (Asia Pacific) P/L • TridentGLOBAL • Wave Systems (Australia) Pty Ltd • Woodwind Systems

NOTE: Customs and Border Protection does not endorse, support or warrant any third party product, service or software.

190

Appendix 8 Goods Subject to Export Prohibition or Restriction

General The commodities listed in this appendix are subject to export prohibition or restriction. The legal authority for the prohibition of the goods is indicated together with the organisation to which the intending exporter is to apply for permission to export. This list below is a guide only and where a commodity is not listed but appears to fall within the subject heading, intending exporters should clarify export requirements with the authority shown as the approval authority for the commodity. The absence of a commodity or type of commodity from the list below does not preclude the possibility of it being subject to prohibition or restriction.

Quoting Permits on Export Declarations When one or more permits are to be quoted on an Export Declarations, the correct permit prefix(es) must be used with no spaces between the permit prefix and the permit number. If the permit prefix is incorrect or missing, the Export Declarations may be returned in ERROR. In some instances, more than one legal authority exists for the export of a single commodity. In such cases, the exporter is required to obtain a permission to export from each authority controlling the exportation of that commodity. For example, the exportation of kangaroo meat requires a meat export permit from the Department of Agriculture, Fisheries and Forestry (DAFF) and a permit or authority to export Australian wildlife from Department of Sustainability, Environment, Water, Population and Communities (DSEWPaC).

Delegations In some cases, the Minister responsible for authorising the exportation of specified goods has delegated that authority (in whole or part) to officers of other authorities. For example, the Minister for Defence has delegated authority to certain Customs and Border Protection officers to approve exportation of up to five sporting firearms. Therefore, in certain circumstances export authority may be issued by delegated officers of either Customs and Border Protection or Defence.

Goods Subject to Export Prohibition An explanation of the column headings is shown below: Commodity – Goods subject to control have been listed in general or specific terms where considered necessary to assist rapid identification of the goods. Approval Authority – The abbreviations included in Appendix 1 represent the government department, agency or authority responsible for the policy of controlled goods and the issue of export permits or approval for such goods.

191

Permit Requirement – If a listed commodity or group of commodities requires a permit or licence for exportation from Australia, some basic details will be shown here. Items that no longer require a permit or are often confused with goods requiring a permit are also listed. Reference – Where a reference is quoted, additional information about the particular commodity is included in this manual against the paragraph(s) indicated or other documentation as shown. Regulations – All references to regulations in the ‘Reference’ column relate to the Customs (Prohibited Exports) Regulations 1958.

192

List of Goods Subject to Export Prohibition or Restriction

COMMODITY APPROVAL AUTHORITY

PERMIT REQUIREMENT

REFERENCE

ABALONE DAFF Dried abalone cannot be exported without an AQIS Fish permit.

See also FISH AND SEAFOOD

ABORIGINAL ARTEFACTS PM&C Some Aboriginal artefacts are prohibited absolutely, while other may be exported if a permit is obtained

NCHCL

ACID (see HAZARDOUS WASTE)

AIRCRAFT

• Aircraft fuels formulated for military purposes

Defence Defence permit required

DSGL

DFAT Items to countries subject to UN sanctions.*

PE Regs;regulations made under the UN Charter**

• Aircraft or parts of aircraft designed or adapted for military purposes


DSGL



• Inertial navigation equipment & integrated flight systems


DSGL

DFAT Items to Iran and DPRK subject to UN sanctions

Charter of the United Nation (Sanctions- Iran) Regulations 2007;Charter of the United Nations (Sanctions- Democratic People's Republic of Korea) Regulations 2006

193

• Of significant historical or cultural interest

PM&C If built in Australia before 1960, or used in Australia before 1945, a permit from DSEWaP is required.

NCHCL

ALUMINA No permit required

AMMONIUM NITRATE

• In solution No permit required

• Security sensitive ammonium nitrate

Ammonium nitrate, mixtures or emulsions that are more than 45% ammonium nitrate require a licence from the State or Territory where the good is located immediately before exportation.

Regulation 9AC

AMMUNITION

• Dummy ammunition for large bore weapons


DSGL



• For use with military & military-style weapons (including sub munitions such as bomblets, minelets & terminally guided projectiles)


DSGL



• For use with non-military weapons

Defence If under 5 weapons in passenger baggage, an RGP is issued by Customs, otherwise a Defence permit is issued

DSGL

DFAT Items to countries subject to Un sanctions.*


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ANIMALS

• Australian native

o Live

� CITES listed

� CITES listed

DAFF Require International Health Certificate from AQIS

DSEWPaC Permit issued only for zoological or scientific use

EPBC Act

� Non-CITES listed


DSEWPaC No permit required for those listed in Schedule 4 EPBC Act, otherwise permit issued only for zoological or scientific use

EPBC Act

� Household pets

DAFF Require International Health Certificate from AQIS and other permits as relevant

o Reproductive material (including semen, ova & embryos)

DAFF AQIS Live Animal permit required


EPBC Act

o Dead

� CITES listed

� CITES listed


EPBC Act


DSEWPaC No permit required for those listed in Schedule 4 EPBC Act, otherwise permit

EPBC Act

195

issued only for zoological or scientific use

• Non-native

o Live

� CITES listed



EPBC Act

� Non-CITES DAFF Require International Health Certificate from AQIS

o Reproductive material (including semen, ova & embryos)

� CITES listed



EPBC Act



o Dead, CITES listed

o Dead, CITES listed DSEWPaC Permit issued only for zoological or scientific use

EPBC Act

• Livestock DAFF AQIS Live Animal permit required. Issued when animals are loaded onto vessel/aircraft for export after having been checked by AQIS veterinarian

ASBESTOS

� As hazardous waste DSEWPaC Permit required from DSEWaP

HW Act

� As goods containing asbestos DEEWR Permit required from Minister for Workplace Relations unless exemption applies

Regulation 4

BANKNOTES (see CURRENCY)

196

BARLEY (see GRAINS)

BATONS, CLUBS and RIOT STICKS (see WEAPONS)

BATTERIES, USED LEAD-ACID (see HAZARDOUS WASTE)

BAUXITE No permit required

BIRDS

� Australian native

o Live

� CITES listed



EPBC Act




EPBC Act

� Household pets

DSEWPaC Restrictions apply with respect to the circumstances of the exportation, the species & the number of birds exported

EPBC Act

197

o Plumage, skins, eggs & eggshells

DAFF


EPBC Act

� Non-native

o Live

� CITES listed



EPBC Act



o Dead, CITES listed DSEWPaC Permit issued only for zoological or scientific use

EPBC Act

BLOOD

� Derived from native fauna

o CITES listed DSEWPaC Permit issued only for zoological or scientific use

EPBC Act

o Non-CITES listed DSEWPaC No permit required for those listed in Schedule 4 EPBC Act, otherwise permit issued only for zoological or scientific use

EPBC Act

� Derived from non-native CITES listed fauna


EPBC Act

� Human DoHA Permit required if in container with capacity exceeding 50mL

Regulation 8

� Substances derived from human blood (e.g. blood fractions, immunoglobulins)

DoHA Permit required from DHAC

Regulation 8

198

BODY ARMOUR (includes bullet resistant apparel and pads)


DSGL



BOMBS (see WEAPONS)

BOOKS (see PUBLICATIONS)

BRANDY AWBC Permit from AWBC required for exports over 100L

DFAT Items to the DPRK subject to UN sanctions (Luxury Goods List)

PE Regs;Charter of the United Nations (Sanctions- Democratic People's Republic of Korea) Regulations 2006

CAMERAS

� Cameras or imaging systems for use underwater

Defence Defence permit required Items to the DPRK subject to UN sanctions (Luxury Goods List)

DSGL



� High speed cameras Defence Defence permit required

DSGL



199

� Imaging cameras (excluding television or video cameras designed for television broadcasting)

Defence Defence DEC permit required

DSGL



� Photographic equipment DFAT Items to the DPRK subject to UN sanctions (Luxury Goods List)


CANNABIS (see DRUGS)

CARPETS DFAT Items to the DPRK subject to UN sanctions (Luxury Goods List)


CARBON TETRACHLORIDE (see OZONE DEPLETING SUBSTANCES)

DSEWPaC

CATS (see ANIMALS)

CATTLE, LIVE (see ANIMALS)

CASH (see CURRENCY)

CASEIN (see DAIRY PRODUCE)

CETACEA (whales, dolphins and porpoises)


EPBC Act

CFCs (see OZONE-DEPLETING SUBSTANCES)

CHEMICALS

� Acetic anhydride DFAT The export of acetic anhydride to Afghanistan is prohibited absolutely

PE Regs;Charter of the United Nations (Sanctions- Afghanistan) Regulations 2001

200

� Chemical compounds used in the manufacture of chemical weapons (ie, chemical weapon precursors)


DSGL

� Chemical weapons (see TOXICOLOGICAL AGENTS)

� Chemical manufacturing facilities and equipment


DSGL

� Chemical storage tanks and containers


DSGL

� Certain chemicals listed in the Rotterdam Convention and Stockholm Convention

DAFF Permit required from DAFF

Regulation 4A AgVet Regs

� Certain industrial chemicals listed in the Rotterdam Convention

NICNAS Permit required from NICNAS

IC Regs

COAL No permit required

COBALT (see METALS)

CODEINE (see DRUGS)

COFFEE No permit required

COINS (see CURRENCY)

COMPUTER EQUIPMENT

� Hardware

o Civilian hardware with potential for military use


DSGL

DFAT Items to countries subject to UN sanctions


o Designed or adapted for military use


DSGL



Laptops Laptops DFAT Items to the DPRK subject to UN sanctions (Luxury Goods List)


201

� Software (see SOFTWARE)

CORAL (including coral jewellery, raw coral, polished coral and manufactured souvenirs that incorporate coral)

DFAT The unauthorised export of jewellery, including coral jewellery, to the DPRK is prohibited.


� Australian native (excluding fossilised coral)


EPBC Act

� Non-native (excluding fossilised coral)

DSEWPaC Requires a Re-Export permit from DSEWaP

EPBC Act

� Fossilised coral DSEWPaC Permit required from DSEWaP if current market value is AUD$1,000 or over

NCHCL

CRABS (see also FISH AND SEAFOOD)

� Species not listed in Schedule 4 to EPBC Act


EPBC Act



CRAYFISH (see also FISH AND SEAFOOD)

� Live giant freshwater (Astacopsis gouldi)

DAFF Permit from DAFF required

Regulation 5


PE Regs;Charter of the United Nations (Sanctions- Democratic People's Rebublic of Korea) Regulations 2006

� Native species not listed in Schedule 4 to EPBC Act

DAFF


PE Regs;Charter of the United Nations (Sanctions- Democratic People's Repblic of Korea) Regulations 2006

202


EPBC Act

CREDIT CARDS (including charge cards & debit cards)

AFP Permit required for counterfeit credit, debit & charge cards

Regulation 13D

CROCODILE PRODUCTS DAFF/AQIS Crocodile and crocodile products for human comsumption requires an DAFF/AQIS Permit

� Australian native DSEWPaC Permit issued only for products of captive bred crocodiles or those taken from the wild under a management program

EPBC Act

� Non-native DSEWPaC Requires a Re-Export permit from DSEWaP

EPBC Act

CRYPTOGRAPHIC and CRYPTANALYTIC EQUIPMENT

� Applications software for cryptographic or cryptanalytic purposes


DSGL

� Software designed or modified for the development, production or use of cryptographic or cryptanalytic equipment


DSGL

� Systems, equipment, application specific electronic assemblies, modules and integrated circuits for information security


DSGL

CULTURAL OBJECTS

� Australian Aboriginal Heritage items (including bark & log coffins, human remains, rock art & carved trees)

DSEWPaC Cannot be exported (except with a certificate of exemption for temporary import)

NCHCL

203

� Books, letters, journals, recording (sound or film), maps, photographs, etc, which are over 75 years old

DSEWPaC Permit from DSEWaP required for exportation

NCHCL

� Iraq cultural objects DFAT The unauthorised export of certain items of Iraqi cultural property is prohibited

Charter of the United Nation (Sanctions- Iraq) Regulations 2006

� Objects of Australian military history

DSEWPaC Permit from DSEWaP required for exportation

NCHCL

CURRENCY

� Exceeding AUD$10,000 (in any currency)

AUSTRAC Completion of Form 14 (for mailing or shipping of currency) or Form 15 (for carrying of currency)

� Locally produced foreign currency for sale to foreign government

No permit required

� Of significant historical or cultural interest

DSEWPaC Permit from DSEWaP may be required for exportation

NCHCL

DAIRY PRODUCE (from cows' milk only)

� Butter DAFF AQIS Dairy permit required for exports over 10kg

� Cheese DAFF AQIS Dairy permit required for exports over 10kg

� Ice cream (finished product) No permit required

� Milk & milk products DAFF AQIS Dairy permit required for exports over 10L

� Yoghurt DAFF AQIS Dairy permit required for exports over 10L

DIAMONDS - under Kimberley Process (see also GEMSTONES)

DRET Kimberley Process Certificate required

Regulation 13E


PE Regs;Charter of the United Nations (Sanctions- Democratic People's Republic of Korea)

204

Regulations 2006

DISEASE GERMS and AGENTS (see TOXICOLOGICAL AGENTS)

DOGS (see ANIMALS)

DRUGS (including Narcotic & Psychotropic drugs; see also MEDICINES)

DHA Export licence & export permit required from DHA

Regulations 10 & 10A

EELS

� Live, less than 30cm in length DAFF Permit from DAFF required

Regulation 5

EGGS

� Eggs & egg products for human consumption (hens eggs only)

DAFF AQIS Egg permit required for exports over 10kg

� Eggs & eggshells of non-native CITES listed

DAFF


EPBC Act

� Non-viable eggs & eggshells of Australian native birds

DAFF


EPBC Act

� Viable eggs of Australian native birds


EPBC Act

ELECTRONIC DEVICES

� Electronic controls for nuclear reactors


DSGL

DFAT Items to DPRK and Iran subject to UN sanctions

Charter of the United Nations (Sanctions- Iran) Regulations 2007; Charter of the United Nations (Sanctions- Decocratic People's Republic of Korea) Regulations 2006

205

� For use in electronic war fare (including electromagnetic spectrum surveillance, monitoring or jamming or countermeasures)


DSGL



EPHEDRINE and PSEUDOEPHEDRINE (see DRUGS)

EUCALYPTUS OIL No permit required

EXPLOSIVES (including explosive material, devices & detonators)


DSGL



FAUNA AND FLORA, AUSTRALIAN NATIVE (excluding those listed in Schedule 4 of the EPBC Act)


EPBC Act

FAT

� Butter (see DAIRY PRODUCE)

� Edible animal (5% animal) fat, other than refined tallow

DAFF AQIS Meat permit required for exports over 10kg

Regulation 5

FILMS (see PUBLICATIONS)

FIREARMS, MILITARY

� Arms & automatic weapons with a calibre of 12.7mm (0.50 inches) or less, including rifles, carbines, revolvers, pistols, machine pistols


DSGL

206



� Parts and specially designed components


DSGL



• Smooth-bore weapons specially designed for military use


DSGL



FIREARMS, NON-MILITARY

• Including commercial & sporting firearms

Defence If under 5 weapons in passenger baggage, an RGP is issued by Customs, otherwise a Defence DED permit is required

DSGL



• Parts, components & accessories designed or adapted for use

Defence If not accompanying firearms on an RGP, a Defence DED permit is required

DSGL



207

FISH AND SEAFOOD (aquatic vertebrates and aquatic invertebrates, amphibians including crustacea, aquatic reptiles, finfish, shell fish,fish products & all forms of marine life)

• Dried DAFF AQIS Fish permit required for exports over 2kg (dried abalone requires a permit)



• Fresh, chilled or frozen DAFF AQIS Fish permit required for exports over 10kg



• Live DAFF AQIS Fish permit required



o Australian native freshwater fish (excluding barramundi) & invertebrates (e.g. molluscs)

DAFF AQIS Fish permit required




EPBC Act

o CITES listed DAFF AQIS Fish permit required



208


EPBC Act

FLOWERS (see PLANTS and PARTS OF PLANTS)

FODDER DAFF Some types of stock feed may require an AQIS Grain, Meat or other permit

FOSSILS (excluding fossil fuels)

DSEWPaC Permit required from DSEWaP if current market value is AUD$1,000 or over

NCHCL

FRUIT

• Apples & pears, fresh DAFF AQIS Fruit permit required for exports over 10kg

HAL All exports require an export permit

• Citrus, fresh DAFF AQIS Fruit permit required for exports of oranges over 10kg

HAL Exports of citrus fruits to the United States are controlled; all exports of oranges require an export permit

• Dried grapes (eg, currants, sultanas, raisins)

DAFF AQIS Dried Fruit permit required for exports over 10kg (excluding prunes, dried tomatoes in oil & products containing less than 50% of dried fruit)

HAL Exports of more than 100 tonnes of dried grapes in a 12-month period require an export permit

• Other, fresh DAFF AQIS Fruit permit required for exports over 10kg

FUR (CAT or DOG) Customs and Border Protection

Permission from the Minister for Justice and Customs required

Reg 9AB



209

GAME MEAT (see MEAT)

GEMSTONES

• Diamond PM&C DSEWaP Moveable Cultural Heritage permit required if current market value is AUD$250,000 or over

NCHCL



• Opal PM&C DSEWaP Moveable Cultural Heritage permit required if current market value is AUD$100,000 or over

NCHCL



• Precious opal replacement fossil or a vertebrate or invertebrate animal

PM&C DSEWaP Moveable Cultural Heritage permit required if current market value is AUD$1,000 or over

NCHCL



• Sapphire PM&C DSEWaP Moveable Cultural Heritage permit required if current market value is AUD$250,000 or over

NCHCL

210



• Any other gemstone PM&C DSEWaP Moveable Cultural Heritage permit required if current market value is AUD$25,000 or over

NCHCL



• Any natural crystal PM&C DSEWaP Moveable Cultural Heritage permit required if current market value is AUD$5,000 or over

NCHCL



GOLD (see METALS)

GRAINS (including seeds)

• Barley, whole (excluding hulled, milled & malted)

DAFF AQIS Grain permit required for exports over 10kg

• Canola, whole DAFF AQIS Grain permit required for exports over 10kg

• Chickpeas, whole or split DAFF AQIS Grain permit required for exports over 10kg

• Faba beans, whole or split DAFF AQIS Grain permit required for exports over 10kg

• Field peas, dried (excluding processing peas, vegetable peas, garden peas & peas in pod)


• Lentils, whole or split DAFF AQIS Grain permit required for exports over 10kg

211

• Lupins, whole or split DAFF AQIS Grain permit required for exports over 10kg

• Oats, whole or clipped (excluding rolled, crushed, milled, hulled & kiln-dried)


• Sorghum, whole (excluding milled)


• Soybeans, whole (excluding milled


• Wheat, whole (excluding milled & malted Wheat in containers and/ or bags are subject to the approval of AQIS

WEA DAFF

WEA permit required for bulk wheat & durum (not flour or products of wheat or durum)

DAFF AQIS Grain permit required for exports of Wheat

Regulation 5

GRAPE MUST (unfermented grape juice)

No permit required

GRAPE SPIRIT Wine Australia

Permit from Wine Australia required for exports over 100L



GUNS (see FIREARMS)

HALONS (see OZONE-DEPLETING SUBSTANCES)

HANDCUFFS (see RESTRAINING DEVICES)

Countries subject to UN sanctions

HAZARDOUS WASTE DSEWPaC Permit required from DSEWPaC

HEMP, INDUSTRIAL (see DRUGS)

HEROIN (aka DIACETYLMORPHINE) (see DRUGS)

HONEY No permit required

212

HORSES DAFF AQIS Live Animal permit required. Issued when animals are loaded onto ship/aircraft for export after having been checked by AQIS vetinarian

• Species listed in Schedule 1 to EPBC Act


EPBC Act

HUMAN MATERIAL

• Bodily fluids (including blood) DoHA Permit required if in container with capacity over 50mL

Regulation 8

• Human embryos DoHA

Permit required if in container with capacity over 50mL

Regulation 8 Prohibition of Human Cloning Act 2002 Research Involving Human Embryos Act 2002

• Foetal & placental material DoHA Permit required only if used for therapeutic purposes Permit required if in container with capacity over 50ml

Regulation 8

• Organs & tissues DoHA Permit required if in container with capacity over 50mL

Regulation 8

• Remains (including cadavers and ashes)

DoHA Permit required only if used for therapeutic purposes

Regulation 8

Death certificate and letter from State health authorities or crematorium may be required

213


PM&C Remains of humans of Aboriginal or Torres Strait Islander descent (including bark and log coffins used in ceremonial burial) may not be exported. Other remains that have been removed from their place of discovery for 50 years or more require a permit from DSEWaP.

NCHCL

• Substances derived from blood (eg, blood fractions, immunoglobulins)

DoHA Permit required from DHA

Regulation 8

HYDRO BROMOFLUROCARBONS (see OZONE DEPLETING SUBSTANCES)

HYDRO CHLOROFLUROCARBONS (see OZONE DEPLETING SUBSTANCES)

HYDRO FLUOROCARBONS (see SYNTHETIC GREENHOUSE GASES)

INDUSTRIAL HEMP (see DRUGS)

INSECTS

• Australian native, live or dead DSEWPaC Permit issued only for zoological or scientific use

EPBC Act

• Non-native CITES listed, live or dead


EPBC Act

IVORY and ELEPHANT PRODUCTS DSEWPaC Requires a Re-Export permit from DSEWaP

EPBC Act

KANGAROO SKINS and PRODUCTS

DSEWPaC Permit required for exportation of products other than those listed in

EPBC Act

214

Schedule 4 of EPBC Act

KNIVES (see WEAPONS)

LIVESTOCK (see ANIMALS)

LEATHER DFAT Items to the DPRK subject to UN sanctions (Luxury Goods List)


LUPINS (see GRAINS)

LYSERGIDE (aka Lysergic Acid Diethylamide, aka LSD) (see DRUGS)

MACE (including pepper & capsicum sprays, if individually packaged for personal self defence purposes) Tear gas, pepper and capsicum sprays

No permit required Defence permit required

MARTIAL ARTS EQUIPMENT (see WEAPONS)

MEAT

• Game meat

o Australian native DAFF AQIS Meat permit required for exports over 10kg

Regulation 5

DSEWPaC No permit required for those listed in Schedule 4 EPBC Act

EPBC Act

o Edible (including offal)


Regulation 5

o Inedible DAFF AQIS Meat permit required for exports over 10kg

Regulation 5

• Meat and meat products DAFF AQIS Meat permit required for exports over 10kg

Regulation 5

o Obtained from Australian native animals or birds, edible or inedible


Regulation 5

DSEWPaC No permit required for those listed in

EPBC Act

215

Schedule 4 EPBC Act

o Obtained from non-native CITES listed animals or birds


EPBC Act

• Offal (including products consisting of or containing offal)


Regulation 5

MEDICINES

• Subject to Pharmaceutical Benefits Scheme

MEDICARE AUSTRALIA

Exportation prohibited if contrary to Pharmaceutical Benefits Scheme

National Health Act 1953

• Containing meat DAFF AQIS Meat permit required for exports over 10kg

Regulation 5

• Containing parts, products or derivatives of CITES listed animals or plants


EPBC Act

• Drugs (see DRUGS)

METALS

• Americium-242 (including compounds, alloys and mixtures thereof)

DRET Permit from DRET required

Regulation 9

• Beryllium Defence Defence DEC permit required

DSGL

• Bismuth Defence Defence DEC permit required

DSGL

• Boron (including compounds thereof)


DSGL

• Calcium Defence Defence DEC permit required

DSGL

• Californium-249 or Californium-251 (including compounds, alloys and mixtures thereof Californium-252 (high activity)

DRET ARPANSA and Defence

Permit from DRET required Permit from ARPANSA or Defence

Regulation 9 Reg 9AD and DSGL

• Cobalt-60 ARPANSA permit for high activity sources

Regulation 9AD

• Copper scrap (see HAZARDOUS WASTE)

• Curium-245 or Curium-247 (including compounds, alloys and mixtures thereof)


Regulation 9

216

• Gold DFAT Items to the DPRK subject to UN sanctions (Luxury Goods List)


o Bullion DFAT Items to the DPRK subject to UN sanctions (Luxury Goods List)


o Coins (see CURRENCY)

o Gold nuggets PM&C Permit from DSEWaP required if current market value is AUD$250,000 or over



• Lead scrap (see HAZARDOUS WASTE)

• Magnesium (including alloys) Defence Defence permit required

DSGL

• Mercury (see HAZARDOUS WASTE)

• Metal Alloys

DFAT Items to the Iran and DPRK subject to UN sanctions

Charter of the United Nations (Sanctions-Iran) Regulations 2007; Charter of the United nations (Sanctions-Democratic Republic of Korea) Regulations 2006.

o Aluminium Alloys Defence Defence permit required

DSGL



o Metal Powder Alloys


DSGL

o Nickel Alloys Defence Defence permit required

DSGL

217

o Niobium Alloys Defence Defence permit required

DSGL

o Titanium Alloys Defence Defence permit required

DSGL

• Metal-bearing sludges (see HAZARDOUS WASTE)

• Plutonium

o Plutonium (in any form) with more than 50% Plutonium-238 by weight


DSGL

o Plutonium-239 DRET Permit from DRET required

Regulation 9



• Thorium (including alloys) DRET Permit from DRET required

Regulation 9



• Tungsten (including alloys and Tungsten carbide)


DSGL



• Uranium

o Uranium containing the mixture of isotopes occurring in nature


Regulation 9

218



o Uranium depleted in the isotope 235 ("depleted Uranium")


Regulation 9



o Uranium enriched in isotopes 233 or 235 or both


Regulation 9



o Uranium Titanium alloys


DSGL


Charter of the United Nations (Sanctions-Iran) Regulations 2007; Charter of the United Nations (Sanctions-Democratic Republic of Korea) Regulations 2006.

o Uranium-233 DRET Permit from DRET required

Regulation 9



219

METHADONE and METHADONE INTERMEDIATE (see DRUGS)

METHYL BROMIDE (see OZONE DEPLETING SUBSTANCES)

METHYL CHLOROFORM (see OZONE DEPLETING SUBSTANCES)

MORPHINE (see DRUGS)

MOTOR CARS and MOTORCYCLES (see VEHICLES)

MILK and MILK PRODUCTS

• Cows’ milk and cows’ milk products (see DAIRY PRODUCE)

DAFF AQIS Dairy permit required for exports over 10L

• Goats’ milk and goats’ milk products

No permit required

• Sheep’s milk and sheep’s milk products

No permit required

MINERAL SANDS No permit required

MUNG BEANS (see Plants and parts of Parts)

NARCOTIC DRUGS (see DRUGS)

NUCLEAR MATERIAL (see also RADIOACTIVE SOURCES)

DRET and ARPANSA

Permit from DRET or ARPANSA required

Regulation 9

NUCLEAR REACTORS Defence Defence permit required

DSGL



• Equipment or components designed or prepared for use with a nuclear reactor


DSGL

220



NUTS No permit required

OATS (see GRAINS)

OFFAL (see MEAT)

OILS

• Animal, for human consumption DAFF AQIS Meat permit required for exports over 10kg

Regulation 5

• Derived from Australian native plants (excluding Eucalyptus oil)

DSEWPaC Permit issued only for scientific research

EPBC Act

• Petroleum (see PETROLEUM and PETROLEUM PRODUCTS)

• Waste oils (see HAZARDOUS WASTE)

OPALS (see GEMSTONES)

OPIUM (see DRUGS)

OYSTERS (see also FISH AND SEAFOOD)

• Live pearl shell oysters (including oyster spat)

DAFF AQIS Fish permit required

Regulation 5

DFAT The export of cavier, all crustaceans, abalone, and molluscs and aquatic invertebrates to the DRPK is prohibited.


(see also FISH AND SEAFOOD)

OZONE-DEPLETING SUBSTANCES

221

• Carbon Tetrachloride DSEWPaC Essential Uses Licence required from EPG

Regulation 13F

• Chlorofluorocarbons DSEWPaC Essential Uses Licence required from EPG

Regulation 13F

• Halons DSEWPaC Essential Uses Licence required from EPG

Regulation 13F

• Hydrobromofluorocarbons DSEWPaC Exportation is prohibited

Regulation 13F

• Hydrochlorofluorocarbon DSEWPaC Controlled Substance Licence required from EPG

Regulation 13F

• Methyl Bromide DSEWPaC Controlled Substance Licence required from EPG

Regulation 13F

• Methyl Chloroform DSEWPaC Essential Uses Licence required from EPG

Regulation 13F

PEAS, FIELD (see GRAINS)

PERFLUOROCARBONS (see SYNTHETIC GREENHOUSE GASES)

PET FOOD

• Containing meat from Australian native animals or birds


Regulation 5

DSEWPaC No permit required for those listed in Schedule 4 EPBC Act

EPBC Act

• Fish or fish based DAFF AQIS Fish permit required for exports over 10kg

• Meat or meat based DAFF AQIS Meat permit required for exports over 10kg

Regulation 5

PETS, HOUSEHOLD (see also ANIMALS)

222

• Australian native birds DSEWPaC Restrictions apply with respect to the circumstances of the exportation, the species & the number of birds exported

EPBC Act

• PERFUMES Perfumes and toilet waters


PE Regs;Charter of the United Nations (Sanctions - Democratic People's Republic of Korea) Regulations 2006

• Cosmetics DFAT Items to the DPRK subject to UN sanctions (Luxury Goods List)


PHARMECEUTICALS (see MEDICINES)

PLANT AND EQUIPMENT

• For production of deuterium or deuterium compounds


DSGL


Charter of the United Nations (Sanctions - Iran) Regulations 2007; Charter of the United Nations (Sanctions - Democratic Republic of Korea) Regulations 2006.

• For production or purification or uranium hexaflouride; or enrichment or separation of isotopes


DSGL

DFAT Items to Iran and DPRK subject to UN sanctions (Luxury Goods List)


• For reprocessing or fabrication of reactor fuel elements


DSGL

223



PLANTS and PARTS OF PLANTS (excluding seeds, spores, unattached fruit, timber, bark & wood chips or Eucalyptus oil)

• Mung beans, whole DAFF AQIS Mung Bean permit required for exports over 10kg

• Australian native

o CITES listed

o CITES listed DAFF Phytosanitary Certificate may be required from AQIS

DSEWPaC DSEWPaC permit required

EPBC Act

o Non-CITES listed

o Non-CITES listed DAFF Phytosanitary Certificate may be required from AQIS

DSEWPaC DSEWPaC permit required

EPBC Act

• Non-native CITES listed DSEWPaC DSEWPaC permit required

EPBC Act

• Wood & woodchips (see WOOD)

PLUTONIUM (see METALS)

POULTRY (see MEAT)

PROTECTIVE HELMETS DFAT Items to countries subject to UN sanctions.*


PUBLICATIONS

• Objectable Goods Depicting drug misuse, pornographic, violence,crime, cruelty or revolting or abhorrent phenomena

AGD Objectionable material requires permission from Director/Deputy Director of Classification Board to Export

Regulation 3


PM&C Permit from DSEWaP

NCHCL

224

required for exportation

• Pornographic AGD Objectionable material to be referred to OFLC for classification

Regulation 3

• Violent AGD Objectionable material to be referred to OFLC for classification

Regulation 3

RADIOACTIVE SOURCES (see also NUCLEAR MATERIAL)

ARPANSA Permit required Regulation 9AD

RADIO TRANSMITTERS AND RECEIVERS

• Digitally controlled radio receivers


DSGL

• For spread spectrum or frequency agile ('frequency hopping') communications


DSGL

• Specially designed for military use


DSGL



• Parts & components Defence Defence permit required

DSGL



RAILWAY LOCOMOTIVES, COACHES and TRUCKS (see VEHICLES)

RESTRAINING DEVICES (including handcuffs & leg irons)



RIOT PROTECTION SHIELDS DFAT Items to countries subject to UN sanctions.*

PE Regs;Regulations made under the UN Charter**

ROYAL JELLY No permit required

SAND (see MINERAL SANDS)

225

SAUSAGE CASINGS DAFF AQIS Meat permit required for exports over 10kg

Regulation 5

SEEDS

• Of Australian native plants No permit required

• Of Cannabis (including ‘Industrial Hemp’) (see DRUGS)

• Of grains (see GRAINS)

SHEEP

• Live

o Female merino sheep

DAFF Permit from DAFF and International Health Certificate from AQIS

o Uncastrated male merino sheep

DAFF Permit from DAFF and International Health Certificate from AQIS

• Reproductive material (including semen, ova & embryos)

DAFF Permit from DAFF required

SHIPS (see VESSELS)

SKELETONS

• Human (see HUMAN MATERIAL)

• Of Australian native animals or birds


EPBC Act

• Of non-native CITES listed animals or birds


EPBC Act

SKINS, ANIMAL

• Of Australian native animals DSEWPaC No permit required for those listed in Schedule 4 EPBC Act, otherwise permit issued only for zoological or scientific use

EPBC Act

• Of non-native CITES listed animals

DSEWPaC Requires a Re-Export permit from DSEWPaC

EPBC Act

226

SNAKES (including Sea Snakes & Lizards)

• Live (see ANIMALS)

• Snake & lizard products

o Derived from Australian native snakes or lizards


EPBC Act

o Derived from non-native CITES listed snakes or lizards


EPBC Act

o Derived from non-native, non-CITES listed snakes or lizards

No permit required

SOFTWARE

• Applications software for cryptographic or cryptanalytic purposes


DSGL

• Designed or adapted for development or evaluation of military equipment


DSGL

DFAT Items to countries subject to Un sanctions*


• Designed or adapted for entertainment



• Designed or adapted to provide multi-level security or user-isolation


DSGL

• Designed or modified for development, production or use in:

o Equipment used for producing composite materials or laminates


DSGL

227



o Equipment used for producing metal alloys or metal alloy powders


DSGL



o Filament winding machines


DSGL



o The production of electronic assemblies, hybrid computers or digital computers


DSGL



o For analysis of radar reflectivity, ultraviolet/infrafred signatures & acoustic signatures


DSGL

228



• Images or games containing pornography, violence or drug misuse

AGD Objectionable material to be referred to OFLC for classification

Regulation 3



• Software designed or modified for the development, production or use of cryptographic or cryptanalytic equipment


DSGL



SORGHUM (see GRAINS)

SUICIDE DEVICES & DOCUMENTS

Customs and Border Protection

Absolute export prohibition

Regulation 9AC

SYNTHETIC GREENHOUSE GASES

• Hydrofluorocarbon DSEWPaC Controlled Substance Licence

Regulation 13F

• Perfluorocarbon DSEWPaC Controlled Substance Licence

Regulation 13F

TEAR GAS (including other riot control agents, excluding those individually packaged for personal Defence purposes)


DSGL

229



TIMBER (see WOOD)

TOBACCO DFAT Items to the DPRK subject to UN sanctions (Luxury Goods List)


TOOTHFISH (Patagonian and Antarctic)

AQIS AFMA

AQIS Fish permit and AFMA permits required

Reg 6

TOXICOLOGICAL AGENTS

• Chemical warfare precursors Defence Defence permit required

DSGL



• Designed or adapted to produce casualties in human beings or animals, degrade equipment or damage crops


DSGL



• Equipment designed for Defence against toxicological agents


DSGL



• Equipment designed for detection of toxicological agents


DSGL

DFAT Items to countries subject to UN sanctions.**


• Equipment designed or modified to disperse toxicological agents


DSGL



230

• Viruses & bacteria Defence Defence permit required

DSGL

URANIUM (see METALS)

VEGETABLES

• Fresh DAFF AQIS Fresh Vegetable permit required for exports over 10kg

VEHICLES (of Ground Transport)



• Military

o Designed or modified for military use (including tanks, armoured vehicles, amphibious vehicles & trailers)

Defence Defenc permit required

DSGL



o Fitted with mountings for arms or launching of munitions


DSGL



o Specially designed or modified parts & components


DSGL



o Of significant historical or cultural interest

PM&C Permit from DSEWaP required for exportation

NCHCL

• Road or rail vehicles

231

o Of significant historical or cultural interest

PM&C Permit from DSEWaP required for exportation

NCHCL

VESSELS (including Underwater Vessels)


Charter of the United Nations (Sanctions-Democratic People's Republic of Korea) Regulations 2006

• Designed or modified for offensive or defensive action


DSGL



• Components & parts Defence Defence permit required

DSGL


PE Regs

• Diesel & electric engines for submarines


DSGL




PM&C If built in Australia before 1930, or used in Australia before 1920, a permit from DSEWaP is required.

NCHCL

• Underwater vehicles, hovercraft and hydrofoil


DSGL



VIDEO DISC and VIDEO TAPE (see PUBLICATIONS)

VIRUSES and BACTERIA (see TOXICOLOGICAL AGENTS)

WEAPONS

• Batons (including clubs & riot sticks)



• Bombs

232

o Bombs, torpedoes, rockets, guided & unguided missiles, grenades (including incendiary grenades), mines, depth charges & demolition charges & devices


DSGL



o Equipment directly interconnected; parts & accessories


DSGL



• Explosives, propellant & incendiary materials (including gel type incendiary materials)


DSGL



• Knives (including flick-knives, daggers & swords)

Items to countries subject to UN sanctions.*


• Martial arts equipment Items to the DPRK subject to UN sanctions (Luxury Goods List)



PM&C Weapons which may have historical or cultural significance may require a permit from DSEWaP

NCHCL

WEAPONS, DIRECTED ENERGY

• Using laser, particle beam or microwave


DSGL

233



• Equipment designed for the detection or identification of, or defence against directed energy weapons


DSGL


PE Regs

• Equipment used in conjunction with directed energy weapons


DSGL



WHALES and WHALE PRODUCTS (see CETACEA)


WHEAT (see GRAINS)

WHIPS DFAT Items to countries subject to UN sanctions.*


• Made from native Australian animals


EPBC Act

• Made from non-native CITES listed animals


EPBC Act

WINE AWBC Permit from AWBC required for exports over 100L



WOOD

• Woodchips

234

o Native forest-sourced (excluding Sandalwood)

� From an area covered by a Regional Forest Agreement

DAFF State forestry controls may apply

� From an area not covered by a Regional Forest Agreement

DAFF Permit from DAFF required for exports over 2T or ‘trial shipments’ over 10,000T

o Plantation-grown or Sandalwood

� From a State with an approved forestry code of practice


� From a State without an approved forestry code of practice

� From a State without an approved forestry code of practice

DAFF Permit from DAFF required for exports over 2T

• Other unprocessed wood (including logs & sawn logs, excluding woodchips)

o From a State with an approved forestry code of practice


o From a State without an approved forestry code of practice

DAFF Permit from DAFF required for exports over 2T

X-RAY EQUIPMENT

• For other than medical use Defence Defence permit required

DSGL

DAFT Items to the DPRK subject to UN sanctions (Luxury Goods List)

Charter of the United Nations (Sanctions-Democratic People's Republic of Korea) Regulations 2006

YACHTS (see VESSELS)

235

* Countries subject to UN sanctions are: Afghanistan (regulation 13CI), Cote d'Ivoire (13CN), Democratic People's Republic of Korea (13CO), Democratic Republic of the Congo (13CL), Iran (13CQ), Iraq (13E and Charter of the United Nations [Sanctions-Iraq] Regulations 2006), Lebanon (13CP), Liberia (13CK), Rwanda (13CG), Sierra Leone (13CH), Somalia (13E and Charter of the United Nations [Sanctions - Somalia] Regulations 2006) and Sudan (13CM).

** Regulations made under the Charter of the United Nations Act 1945 (the UN Charter) are: Charter of the United Nations (Sanctions - Afghanistan) Regulations 2001; Charter of the United Nations (Sanctions - Cote d'Ivoire) Regulations 2005; Charter of the United Nations (Sanctions - Democratic People's Republic of Korea) Regulations 2006; Charter of the United Nations (Sanctions - Democratic Republic of the Congo) Regulations 2005; Charter of the United Nations (Sanctions - Iran) Regulations 2007; Charter of the United Nations (Sanctions - Iraq) Regulations 2006; Charter of the United Nations (Sanctions - Lebanon) 2006; Charter of the United Nations (Sanctions - Liberia) Regulations 2002; Charter of the United Nations (Sanctions - Rwanda) Regulations 2006; Charter of the United Nations (Sanctions - Sierra Leone) Regulations 1997; Charter of the United Nations (Sanctions - Somalia) Regulations 2006; Charter of the United Nations (Sanctions - Sudan) Regulations 2005.

236

Appendix 9 Certificates of Australian Origin Products shall be taken to be of Australia origin if they are:

• mineral products extracted from: - soil within Australia; - within Australian territorial waters; - the seabed of Australian territorial waters; - within any Australian territory; or - the territorial waters or the seabed of the territorial waters of any Australian

territory; • vegetable products harvested or gathered within Australia; • live animals born and raised in Australia; • products obtained or derived from live animals born and raised in Australia; • products obtained or derived from animals born, raised and slaughtered in

Australia; • products of hunting or fishing carried on in Australia; • products of sea-fishing by Australian ships, other products which have been

taken from the sea by Australian ships and products obtained on board an Australian factory ship solely from those products;

• products taken from the seabed outside Australian territorial waters where Australia has exclusive rights to the extraction of the product from that soil or sub-soil;

• manufacturing and processing waste and scrap products and used articles collected within Australia provided such products are only fit for recovery of raw materials;

• goods which are produced in Australia solely for the products referred to in paragraphs (a) to (k) or from their derivatives at any stage of production; or

• manufactured in Australia from, or include, imported materials or components, if those materials or components undergo or are included in a process of operation which: - results in the manufacture of a new product; - substantially transforms the nature of the materials or components; or - represents an important stage of manufacture in an ultimate product

• produced from the exported product; provided that:

• the process or operation was economically justified and was not designed to circumvent the correct origin of the product being ascertained; or

• the operation did not consist of an operation which: - contributed to only a small extent to the essential character or property of the

product; - was necessary for the preservation of the product during transport or storage;

- was to improve the packaging or marketable quality of the products or to • prepare them for shipment (such as breaking bulk or repackaging);

- was simply assembly operations; or - mixed goods of different origins but resulted in a product whose

• characteristics were not essentially different from the characteristics of the goods which were mixed.

237

Contacts for Certificates of Origin ORGANISATION CONTACT DETAILS

Australian Industry Group 20 Queens Road MELBOURNE VIC 3004 Trade Docs PO Box 7622 MELBOURNE VIC 8004

Telephone: 03 9867 0111 Fax: 03 9867 0199

Email: [email protected] Internet: www.aigroup.asn.au

Australian Chamber of Commerce and Industry

Commerce House

Level 3, 24 Brisbane Avenue BARTON ACT 2600 PO Box 6065 KINGSTON ACT 2604

Telephone: 02 6273 2311

Facsimile: 02 6273 3286

Email: [email protected]

Internet: www.acci.asn.gov.au

Australian Business Limited 140 Arthur Street

NORTH SYDNEY NSW 2060

Telephone: 1800 505 529


Internet: www.australianbusiness.com.au

Chamber of Commerce and Industry of Western Australia

180 Hay Street EAST PERTH WA 6004 PO Box 6209 EAST PERTH WA 6892

Telephone: 1300 422 492


Internet: www.cciwa.com

Northern Territory Chamber of Commerce and Industry

Confederation House

Suite 1, 2 Shepherd Street

DARWIN NT 0800

Telephone: 08 8936 8100

Facsimile: 08 8981 1405


Internet: www.chambernt.com.au

Commerce Queensland 375 Wickham Terrace

BRISBANE QLD 4000

Telephone: 07 3842 2244

Facsimile: 07 3832 3195


Internet: www.cciq.com.au

238

ORGANISATION CONTACT DETAILS

Business SA Enterprise House

136 Greenhill Road

UNLEY SA 5061

Telephone: 08 8300 0103

Facsimile: 08 8300 0001


Internet: www.business-sa.com

Victorian Employers’ Chamber of Commerce and Industry

486 Albert Street

East Melbourne 3002

GPO Box 4352

MELBOURNE VIC 3001

Telephone: 03 8662 5333

Facsimile: 03 8662 5462


Internet: www.vecci.org.au

239

Appendix 10 Temporary Exports Contacts for CPD Carnets ORGANISATION CONTACT DETAILS

Australian Automobile Association (AAA)

103 Northbourne Avenue

CANBERRA ACT 2601

Telephone: 02 6247 7311

Facsimile: 02 6257 5320


Internet: www.aaa.asn.au

Automobile Association of NT Darwin AANT Building

79-81 Smith Street

DARWIN NT 0800

GPO Box 2584

DARWIN NT 0801

Telephone: 08 8981 5901

Facsimile: 08 8941 5902


Internet: www.aant.com.au

NRMA Limited L1 9 George Street

NORTH STRATHFIELD NSW 2137

PO Box 1026

STRATHFIELD NSW 2135

Telephone: 02 8741 6266

Facsimile: 02 8741 6877


Internet: www.mynrma.com.au

Royal Automobile Association of South Australia

101 Richmond Road

Mile End South

ADELAIDE SA 5031

Telephone: 08 8202 4600

Facsimile: 08 8202 4396

Internet: www.raa.net

Royal Automobile Club of Queensland

2649 Logan Road

EIGHT MILE PLAINS QLD 4113

PO Box 4

SPRINGWOOD QLD 4127

Telephone: 07 3361 2444

Facsimile: 07 3341 9964


Internet: www.racq.com.au

240

ORGANISATION CONTACT DETAILS

Royal Automobile Club of Tasmania

Cnr Murray and Patrick Streets

HOBART TAS 7000

Telephone: 03 6232 6300

Facsimile: 03 6232 6371


Internet: www.ract.com.au

Royal Automobile Club of Victoria

550 Princes HWY

NOBLE PARK VIC 3174

Telephone: 13 13 29

Facsimile: 03 9790 2844


Internet: www.racv.com.au

Royal Automobile Club of Western Australia

228 Adelaide Terrace

PERTH WA 6000

Telephone: 08 9421 4444

Facsimile: 08 9421 4205


Internet: rac.com.au

241

Contacts for ATA Carnets ORGANISATION CONTACT DETAILS

Chamber of Commerce and Industry of Western Australia

180 Hay St

EAST PERTH WA 6004

Telephone: 08 9365 7555

Facsimile: 08 9365 7550

Commerce Queensland Industry House

375 Wickham Terrace

BRISBANE QLD 4000

Telephone: 07 3842 2244

Facsimile: 07 3832 3195

Business SA 1st Floor

Enterprise House

136 Greenhill Road

UNLEY SA 5061

Telephone: 08 8300 0087

Facsimile: 08 8300 0206

State Chamber of Commerce (New South Wales)

Level 12, 83 Clarence Street

SYDNEY NSW 2000

Telephone: 02 9350 8100

Facsimile: 02 9350 8197

Victorian Employers’ Chamber of Commerce and Industry (VECCI)

486 Albert Street

EAST MELBOURNE VIC 3002

GPO Box 4352

MELBOURNE VIC 3001

Telephone: 03 8662 5333

Facsimile: 03 8662 5201


Australian Issuing Authorities ORGANISATION CONTACT DETAILS

Victorian Employers’ Chamber of Commerce and Industry (VECCI)

486 Albert Street

EAST MELBOURNE VIC 3002

GPO Box 4352

MELBOURNE VIC 3001

Telephone: 03 8662 5333

Facsimile: 03 8662 5201


242

Appendix 11 Customs and Border Protection Counters Around Australia The Customs and Border Protection Information and Support Centre can be contacted on 1300 558 099. Customs and Border Protection also has an Internet home page at the address http://www.customs.gov.au General inquiries can be directed to the email address [email protected]

Customs and Border Protection Offices REGION CONTACT DETAILS

Australian Capital Territory Customs House

5 Constitution Avenue

CANBERRA CITY ACT 2601

Telephone: 02 6279 3410

Facsimile: 02 6275 5745

New South Wales Customs House

10 Cooks River Drive

Sydney International Airport

SYDNEY NSW 2020

Telephone: 1300 363 263

Facsimile: 02 8339 6707

Northern Territory Customs House

21 Lindsay Street

DARWIN NT 0800

Telephone: 08 8980 6528

Facsimile: 08 8980 6540

Queensland 20-22 The Circuit

Airport Village

BRISBANE AIRPORT 4007

Telephone: 07 3835 3303

Facsimile: 07 3835 3199

South Australia Customs House

220 Commercial Road

PORT ADELAIDE SA 5015

Telephone: 08 8447 9330

Facsimile: 08 8447 9443

Tasmania Customs House

1F, MBF Building

25 Argyle Street

HOBART TAS 7001

Telephone: 03 6230 1240

Facsimile: 03 6230 1261

243

REGION CONTACT DETAILS

Victoria Customs House

1010 La Trobe Street

MELBOURNE VIC 3000

Telephone: 03 9244 8422

Facsimile: 03 9244 8490

Western Australia Customs House

30 Fricker Road

Perth International Airport WA 6105

Telephone: 08 9477 8600

Facsimile: 08 9477 8680

244

Appendix 12 Customs and Border Protection Contacts AREA CONTACT DETAILS

AHECC Advisory Service

Manager Tariff and Valuation

Customs House

L4, 10 Cooks River Drive

Sydney International Airport

Sydney NSW 2020

Telephone: 1300 363 263

Facsimile: 02 8339 6711


Customs and Border Protection Information and Support Centre

Telephone: 1300 558 099

Facsimile: 02 8339 6713


Cargo Reporting

Policy Legislation and Co-Ordination

Australian Customs and Border Protection

5 Constitution Ave Canberra ACT 2601 Telephone: 02 6275 6641 or 02 6275 5805

Email: Email:[email protected]

Community Protection Manager Community Protection



CANBERRA ACT 2601

Telephone: 02 6275 5963

Facsimile: 02 6245 5446


Export Policy Manager Export Policy



CANBERRA ACT 2601

Telephone: 02 6279 3410

Facsimile 02 6275 5745


245

AREA CONTACT DETAILS

Licensing Group Compliance Policy and Licensing

Warehouse and Depots Licensing

Australian Customs and Border Protection Service Locked Bag 3000 SYDNEY INTERNATIONAL AIRPORT NSW 2020 Local: 02 8339 6347 International: +61 2 8339 6347 Fax: 02 8339 6716 Email: [email protected] Broker Licensing Compliance Assurance Customs House 5 Constitution Avenue CANBERRA CITY ACT 2601 Email: [email protected] Ph: 02 6275 5784 or 6275 5088

Overseas Co-ordination (OSCORD) Unit

Overseas Co-ordination (OSCORD) Unit



CANBERRA ACT 2601

Telephone: +612 6275 6599

Facsimile: +612 6275 6996


Tariff and Valuation Tariff and Valuation Section


Locked Bag 3000

Sydney International Airport NSW 2020

Telephone: 1300 363 263

Facsimile: 02 8339 6714


Weapons and Strategic Goods

Manager Weapons and Strategic Goods


5 Constitution Avenue CANBERRA ACT 2601 Telephone: Counter Proliferation 02 6275 6189 Firearms 02 6275 5873 Weapons

02 6275 6728

Facsimile: 02 6275 6699 Email: [email protected]

246

Appendix 13 Other Government Export Contacts AGENCY / DEPARTMENT CONTACT DETAILS

Australian Bureau of Statistics Confidentiality Manager

Confidentiality Manager

Australian Bureau of Statistics

PO Box 10

BELCONNEN ACT 2616

Telephone: 02 6252 5409

Facsimile: 02 6252 7438


Internet: www.abs.gov.au

Australian Bureau of Statistics International Trade Section

Classification Manager

International Trade Section


PO Box 10

BELCONNEN ACT 2616

Telephone: 02 6252 5409

Facsimile: 02 6252 7438



Australian Bureau of Statistics National Information and Referral Service

The National Information and Referral Service


Telephone: 1300 135 070

Facsimile: 1300 135 211



Australian Federal Police AOCC Client Liaison Team

GPO Box 401

Canberra ACT 2601

Telephone: (02) 6126 7133


Internet: www.afp.gov.au

Australian Taxation Office Call Centre for Small Business

Australian Taxation Office

Call Centre for Small Business

Telephone: 13 28 66

Internet: www.ato.gov.au

247

AGENCY / DEPARTMENT

CONTACT DETAILS

Australian Transaction Reports and Analysis Centre

Australian Transaction Reports and Analysis Centre

Level 7, Tower A

Zenith Centre

821 Pacific Highway

CHATSWOOD NSW 2067

Freecall: 1300 021 037

Facsimile: 02 9950 0071


Internet: www.austrac.gov.au

Foreign Affairs and Trade –Department of Sanctions Enquiries and Sanctions Applications


Sanctions and Transnational Crime Section

RG Casey Building

John McEwen Crescent

BARTON ACT 0221

Telephone: 02 6261 1111 Online Sanctions Administration System https://sanctions.dfat.gov.au/


Internet: www.dfat.gov.au

Medicare Australia Travelling with PBS Medicine Enquiry Line

Travelling with PBS Medicine Enquiry Line

Medicare Australia

134 Reed Street

TUGGERANONG DC ACT 2901

PO Box 1001

Tuggeranong DC ACT 2901

Telephone: 1800 500 147

Internet: www.medicareaustralia.gov.au

248

Appendix 14 Permit Issuing Agency Contacts AGENCY / DEPARTMENT

CONTACT DETAILS

Agriculture, Fisheries and Forestry – Department of Agricultural and Veterinary Chemicals

Agricultural and Veterinary Chemicals Section Agvet Chemicals and Farm Leadership Programs Branch


18 Marcus Clarke Street CANBERRA ACT 2601 GPO Box 858 CANBERRA ACT 2601

Telephone: 02 6272 3964

Facsimile: 02 6272 3025


Internet: www.daff.gov.au

Agriculture, Fisheries and Forestry – Department of Australian Quarantine and Inspection Service Dairy Exports

Australian Quarantine and Inspection Service

Customs House

Cnr Grant and Centre Road

Tullamarine VIC 3043

Telephone: 1300 723 241

Facsimile: 03 8308 5055


Internet: www.aqis.gov.au

Agriculture, Fisheries and Forestry – Department of Australian Quarantine and Inspection Service Fish Exports and Egg Exports


18 Marcus Clarke Street

CANBERRA ACT 2601

GPO Box 858

CANBERRA ACT 2601

Telephone: 02 6272 4978

Facsimile: 02 6272 3238



Agriculture, Fisheries and Forestry – Department of Australian Quarantine and Inspection Service Horticulture and Grains



CANBERRA ACT 2601

GPO Box 858

CANBERRA ACT 2601

Telephone: 02 6272 4429



249

AGENCY / DEPARTMENT

CONTACT DETAILS

Agriculture, Fisheries and Forestry – Department of Australian Quarantine and Inspection Service Live Animal Exports



CANBERRA ACT 2601

GPO Box 858

CANBERRA ACT 2601

Telephone: 02 6272 4581

Facsimile: 02 6272 5423



Agriculture, Fisheries and Forestry – Department of Australian Quarantine and Inspection Service Meat Exports



CANBERRA ACT 2601

GPO Box 858

CANBERRA ACT 2601

Telephone: 02 6272 3754

Facsimile: 02 6272 4389



Agriculture, Fisheries and Forestry – Department of Forest Industries

Forest Industries



CANBERRA ACT 2601

GPO Box 858

CANBERRA ACT 2601

Telephone: 02 6272 3933

Facsimile: 02 6272 4875


Internet: www.daff.gov.au

Attorney-General’s Department Classification Operations Branch

Director Classification Board

By secure post:

Locked Bag 3

HAYMARKET NSW 1240

Deliveries by Customs and Border Protection Officers:

Level 5, 23-33 Mary Street

SURRY HILLS NSW 2010

Telephone: 02 9289 7100

Facsimile: 02 9289 7101


Internet: www.classification.gov.au

250

AGENCY / DEPARTMENT

CONTACT DETAILS

Australian Fisheries Management Authority

Australian Fisheries Management Authority

PO Box 7051

Canberra Business Centre

CANBERRA ACT 2601

Telephone: 02 225 5555

Facsimile: 02 225 5500

Internet: [email protected]

Australian Radiation Protection and Nuclear Safety Agency

Australian Radiation Protection and Nuclear Safety Agency

L2, 38-40 Urunga Parade

MIRANDA NSW 2228

PO Box 655

MIRANDA NSW 1490

Telephone: 02 9541 8321

Facsimile: 02 9541 8314


Internet: www.arpansa.gov.au

Defence – Department of Defence Export Control Office

Director

Defence Export Control Office Department of Defence R1-1-A037 Russell Offices PO Box 7901 ACT 2610

Telephone: 1800 661 066

Facsimile: 02 6265 4583


Internet: www.defence.gov.au/strategy/deco


Commonwealth Safety and Compensation Policy Branch


GPO BOX 9880

CANBERRA ACT 2601

Telephone: 02 6121 5499

Facsimile: 02 6176 7496

Internet: www.deewr.gov.au

Foreign Affairs and Trade –Department of Sanctions Enquiries and Sanctions Applications


Sanctions and Transnational Crime Section

RG Casey Building

John McEwen Crescent

BARTON ACT 0221

Telephone: 02 6261 1111 Online Sanctions Admin. System https://sanctions.dfat.gov.au/


Internet: www.dfat.gov.au

251

AGENCY / DEPARTMENT

CONTACT DETAILS

Health and Ageing - Department of National Industrial Chemicals Notification and Assessment Scheme

National Industrial Chemicals Notification and Assessment Scheme


GPO Box 58

SYDNEY NSW 2001

Telephone: 02 8577 8800

Facsimile: 02 8577 8888


Internet: www.nicnas.gov.au

Health and Ageing - Department of Therapeutic Goods Administration Export Medicines Unit

Export Medicines Unit

Therapeutic Goods Administration


Narrabundah Lane

SYMONSTON ACT 2609

PO Box 100

WODEN ACT 2606

Telephone: 02 6232 8638

Freecall: 1800 092 788

Facsimile: 02 6232 8399


Internet: www.tga.gov.au

Health and Ageing - Department of Treaties and Compliance

Treaties and Compliance

Office of Chemical Safety and Environmental Health


Telephone: 02 6289 2686

Freecall: 1800 170 723

Facsimile: 02 6160 3260


Internet: http://www.health.gov.au/internet/main/publishing.nsf/Content/treaties-and-compliance

Horticulture Australia Limited

Horticulture Australia Limited

Level 7, 179 Elizabeth Street

SYDNEY NSW 2000

Telephone: 02 8295 2300

Facsimile: 02 8295 2399


Internet: www.horticulture.com.au

252

AGENCY / DEPARTMENT

CONTACT DETAILS

The Prime Minister and Cabinet - Department of Cultural Property and Gifts Section

Cultural Property and Gifts Section

Department of the Prime Minister and Cabinet

SAP House

Akuna Street

CIVIC ACT 2608

GPO Box 6500

CANBERRA ACT 2600

Telephone: 02 6210 2929

Facsimile: 02 6210 2905


Internet: www.arts.gov.au/movable

Resources, Energy and Tourism - Department of Minerals Development Section Kimberley Process Export Authority

Minerals Development Section

Minerals Branch, Resources Division

Department of Resources, Energy and Tourism

GPO Box 9839

CANBERRA ACT 2601

Telephone: 02 6213 7182

Facsimile: 02 6213 7950

Internet: www.ret.gov.au

Resources, Energy and Tourism- Department of Uranium and Other Nuclear Goods

Manager Uranium Industry Resources Development Branch

Department of Industry, Tourism and Resources

GPO Box 1564

CANBERRA ACT 2601

Telephone: 02 6213 7814

Facsimile: 02 6213 7818


Internet: www.ret.gov.au

Sustainability, Environment, Water, Population and Communities - Department of Hazardous Waste Section

Hazardous Waste Section

Department of Sustainability, Environment, Water, Population and Communities John Gorton Building

King Edward Terrace

PARKES ACT 2600

GPO Box 787

CANBERRA ACT 2601

Telephone: 02 6274 1411

Facsimile: 02 6274 1164


Internet: www.environment.gov.au/hazardouswaste

253

AGENCY / DEPARTMENT

CONTACT DETAILS

Sustainability, Environment, Water, Population and Communities - Department of Ozone Protection and Synthetic Greenhouse Gas Team

Director

Ozone Protection and Synthetic Greenhouse Gas Team

Environment Quality Division


King Edward Terrace

PARKES ACT 2600

GPO Box 787

CANBERRA ACT 2601

Telephone: 02 6274 1373

Facsimile: 02 6274 1740


Internet: www.environment.gov.au

Sustainability, Environment, Water, Population and Communities - Department of International Wildlife Trade

International Wildlife Trade


King Edward Terrace

PARKES ACT 2600

GPO Box 787

CANBERRA ACT 2601

Telephone: 02 6274 1900

Facsimile: 02 6274 1921


Internet: www.environment.gov.au

Wheat Exports Australia Wheat Exports Australia

Unit 2, Royal Lifesaving House

26-28 Napier Close, Deakin 2600

DEAKIN ACT 2600

Telephone: 02 6202 3400

Facsimile: 02 6202 3499


Internet: www.wea.gov.au

Wine Australia Wine Australia

Industry House - National Wine Centre

Cnr Hackney & Botanic Roads

Adelaide SA 5000

PO Box 2733

KENT TOWN SA 5071

Telephone: 08 8228 2000

Facsimile: 08 8228 2066


Internet: www.wineaustralia.com