mercury to be used for laboratory-scale research or as a reference standard;

naturally occurring trace quantities of mercury present in:

products such as non-mercury metals, ores or mineral products (including coal); or

products derived from the products mentioned in subparagraph (i);

unintentional trace quantities of mercury in chemical products.

passes the public safety test for firearms has the meaning given by subregulation 4FA(4).

passes the public safety test for weapons has the meaning given by subregulation 4HA(4).

poppy straw means any part (other than the seeds) of either of the following: (a) a plant of the species Papaver somniferum (otherwise known as opium poppy); (b) a plant of the species Papaver bracteatum.

(a) a plant of the species Papaver somniferum (otherwise known as opium poppy);

(b) a plant of the species Papaver bracteatum.

public safety test for firearms means the rules made by the Minister under subregulation 4FA(6).

public safety test for weapons means the rules made by the Minister under subregulation 4HA(6).

security sensitive ammonium nitrate means any of the following: ammonium nitrate; an emulsion that is made up of more than 45 per cent ammonium nitrate; a mixture that is made up of more than 45 per cent ammonium nitrate; but does not include ammonium nitrate in solution. skirmish marker has the meaning given in subregulation 4F(4).

ammonium nitrate;

an emulsion that is made up of more than 45 per cent ammonium nitrate;

a mixture that is made up of more than 45 per cent ammonium nitrate;

but does not include ammonium nitrate in solution.

skirmish marker has the meaning given in subregulation 4F(4).

speed loader means a device covered by paragraph (d) of the definition of firearm accessory in subregulation 4F(4).

straight pull repeating action has the meaning given by subregulation 4F(4).

tablet press has the meaning given by subregulation 4G(7).

the Act means the Customs Act 1901.

therapeutic substance means a substance, including a mixture or compound of substances, that has a therapeutic use and includes a surgical ligature, suture or dressing, but does not include a vaccine prepared from microscopic organisms from the body of a person or animal for use in the treatment of that person or animal only.

therapeutic use means a use for the purpose of: the preventing, diagnosing, curing or alleviating of a disease, ailment, defect or injury in persons or animals; the influencing, inhibiting or modifying of a physiological process in persons or animals; or the testing of the susceptibility of persons or animals to a disease or ailment.

the preventing, diagnosing, curing or alleviating of a disease, ailment, defect or injury in persons or animals;

the influencing, inhibiting or modifying of a physiological process in persons or animals; or

the testing of the susceptibility of persons or animals to a disease or ailment.

Work Health and Safety Minister means the Minister administering the Work Health and Safety Act 2011.

a reference to a British Standard published on a date specified in these Regulations shall be read as a reference to such British Standard published by the British Standards Institution on that date; and

where a British Standard refers to another instrument, that instrument shall be deemed to be incorporated with, and form part of, the British Standard.

a reference to an Australian Standard, or a Part of an Australian Standard, published on a date specified in these Regulations shall be read as a reference to the Australian Standard, or the Part of an Australian Standard, as the case requires, approved for publication on that date; and

where an Australian Standard refers to another instrument, that instrument shall be deemed to be incorporated with, and form part of, the Australian Standard.

a reference to an Australian Wool Exchange Standard published on a date specified in these Regulations is taken to include a reference to the Australian Wool Exchange Standard approved for publication on that date; and

if an Australian Wool Exchange Standard refers to another instrument, that instrument is taken to be incorporated with, and form part of, the Australian Wool Exchange Standard.

a document that promotes the use of a device mentioned in subregulation (1);

a document that counsels or incites a person to commit suicide using one of those devices;

a document that instructs a person how to commit suicide using one of those devices.

the goods are imported into Australia on an aircraft by an air security officer while carrying out his or her duties; and

there is an arrangement between the foreign government employing the air security officer and the Government of Australia providing for the importation of the goods into Australia on aircraft by air security officers; and

immediately after the goods are imported, the air security officer surrenders the goods to an authorised officer for secure storage until the goods are exported in accordance with paragraph (d); and

within 3 months after the goods were imported into Australia, they are exported from Australia.

item 1;

item 2;

item 2A;

item 2B;

item 9;

item 9B;

item 10;

item 13B;

item 14A;

item 14B;

item 17;

item 20;

item 23.

the importer is an individual resident in Australia; and

the importer departed Australia with the article, and is returning from an overseas voyage with the article; and

at or before importation, the importer produces:

(i) if the exportation of the article would be prohibited without a permission under regulation 13E of the Customs (Prohibited Exports) Regulations 1958—such a permission; or

in any other case—evidence that the person lawfully possessed the article before departing Australia; and

the importer used, or had intended to use, the article while overseas to take part in a lawful competition organised by a shooting organisation, or in a lawful hunting activity; and

the importer holds a licence or authorisation to possess the article, in accordance with the law of the State or Territory where he or she lives; and

the article has not been modified, except for the purposes of repair, since it was exported.

(a) Article 3(1) US Defence Articles within the meaning of the Defence Trade Controls Act 2012;

(b) Article 3(3) US Defence Articles within the meaning of the Defence Trade Controls Act 2012.

describe, depict, express or otherwise deal with matters of sex, drug misuse or addiction, crime, cruelty, violence or revolting or abhorrent phenomena in such a way that they offend against the standards of morality, decency and propriety generally accepted by reasonable adults to the extent that they should not be imported; or

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

promote, incite or instruct in matters of crime or violence; or

promote or incite the misuse of a drug specified in Schedule 4; or

advocate the doing of a terrorist act.

(1AA) Without limiting subregulation (1A), this regulation also applies to a computer game classified RC (Refused Classification) under the Classification (Publications, Films and Computer Games) Act 1995.

(1AB) Without limiting subregulation (1A), this regulation also applies to goods that:

(a) are or contain violent extremist material (within the meaning of the Criminal Code); or

(b) are, depict or contain prohibited symbols (within the meaning of the Criminal Code).

directly or indirectly counsel, promote, encourage or urge the doing of a terrorist act; or

directly or indirectly provide instructions on the doing of a terrorist act; or

(c) directly praise the doing of a terrorist act in circumstances where there is a substantial risk that such praise might have the effect of leading a person (regardless of his or her age or any mental impairment (Criminal Code) that the person might suffer) to engage in a terrorist act. within the meaning of section 7.3 of the

a written permission to import the goods has been granted by the responsible Minister or an authorised person; or

the goods are being imported by a police officer for the purposes of criminal investigation or law enforcement (including criminal prosecution); or

(c) the goods are covered by paragraph (1AB)(a) or (b) and are being imported for the purpose of engaging in conduct covered by subparagraph 80.2H(9)(a)(i) or (b)(ii), or paragraph 80.2H(10)(a), (b), (c), (d) or (e), of the Criminal Code.

(2AA) In considering whether to grant a permission under subregulation (2), the responsible Minister or the authorised person is to have regard to:

the purposes for which the goods are to be imported; and

the extent to which the person to whom any permission to import the goods would be granted conducts activities of an artistic or educational, or of a cultural or scientific, nature to which the goods relate; and

the reputation of the person referred to in paragraph (b), both generally and in relation to an activity referred to in that paragraph; and

the ability of that person to meet conditions that may be imposed under subregulation (3) in relation to the goods; and

any other relevant matters.

refusing to grant a permission; or

granting a permission subject to conditions by the person to whom the permission was granted subject to conditions.

refuses to grant a permission to a person; or

grants a permission to a person subject to conditions;

he or she is to inform the person of the decision by notice in writing within 30 days after making the decision.

(a) a statement to the effect that application may be made to the Tribunal under the Administrative Review Tribunal Act 2024 for review of the decision to which the notice relates; and

except where subsection 269(7) of that Act applies—a statement to the effect that a person whose interests are affected by a reviewable decision may, under section 268 of that Act, request a statement of reasons for the decision.

a permission to import the plastic explosives has been granted in writing by the Minister or an authorised person; and

the permission is produced to the Collector.

the authorised person must refer the application to the Minister; and

the Minister may grant, or refuse to grant, the permission.

conditions or requirements to be complied with by the holder of the permission; and

when the holder must comply with a condition or requirement, whether before or after the importation of the plastic explosives to which the permission relates.

the Minister; or

the authorised person;

may, by writing, revoke the permission.

substances obtained by chlorinating biphenyls;

goods containing substances obtained by chlorinating biphenyls;

substances obtained by chlorinating terphenyls or other polyphenyls; and

goods containing substances obtained by chlorinating terphenyls or other polyphenyls.

a permission to import the mercury has been granted in writing under any of the following:

(i) the Agricultural and Veterinary Chemicals (Administration) Regulations 1995;

(ii) the Industrial Chemicals (General) Rules 2019;

(iii) the Therapeutic Goods Regulations 1990; and

the permission is produced to a Collector.

(a) have been taken in waters beyond the outer limits of the Australian fishing zone within the meaning of the Fisheries Management Act 1991; and

have not been landed at a port or place in a country outside Australia;

whether the fish are fresh, smoked, preserved in airtight containers or frozen.

a permission in writing to import the fish has been granted by the Minister or an authorised officer; and

the permission is produced to the Collector.

the authorised officer must refer the application to the Minister; and

the Minister may grant, or refuse to grant, the permission.

conditions or requirements to be complied with by the holder of the permission; and

when the holder must comply with a condition or requirement, whether before or after the importation of the fish to which the permission relates.

the importation is of raw materials that contain naturally occurring traces of asbestos; or

for the importation:

a permission is in force under subregulation (2); and

a copy of the permission is produced to a Collector if the Collector requests; or

for the importation:

a confirmation from an authority of a State or Territory is in force stating that the proposed use of the asbestos or goods is research, analysis or display in accordance with the law of the State or Territory relating to work health and safety; and

a copy of the confirmation is produced to a Collector if the Collector requests; or

(c) the importation is of hazardous waste Hazardous Waste (Regulation of Exports and Imports) Act 1989; oras defined in section 4 of the

all of the following apply:

the importation is of a ship or resources installation of at least 150 gross tonnage, as shown by the International Tonnage Certificate (1969) for the ship or resources installation;

the asbestos in the ship or resources installation was fixed or installed before 1 January 2005;

the asbestos in the ship or resources installation will not be a risk to any person unless the asbestos is disturbed.

in any case—research, analysis or display;

if the importation is from an external Territory—disposal in a State or Territory.

the person importing the tobacco or refuse is the holder of:

(i) a dealer licence granted under Excise Act 1901; orPart IV of the

(ii) a manufacturer licence, to manufacture excisable tobacco or tobacco products, granted under Excise Act 1901; andPart IV of the

a permission in writing to import the tobacco or refuse has been given by the Commissioner of Taxation; and

the permission is produced to a Collector.

in writing; and

lodged with the Commissioner.

(a) must consider the applicant’s compliance with the Excise Act 1901; and

may consider any other relevant matters.

conditions to be complied with by the holder of the permission; and

when the holder of the permission must comply with a condition, whether before or after the importation of the tobacco or refuse to which the permission relates.

not to grant a permission; or

to specify a condition for a permission; or

to revoke a permission.

a permission to import the tobacco products has been granted in writing by the Minister or an authorised person and the permission is produced to the Collector; or

the Minister has approved the importation under subregulation (9).

Certain tobacco products exempt from prohibition under this regulation

tobacco of a kind specified in regulation 4D;

chewing tobacco and snuffs intended for oral use;

cigars;

tobacco products:

(i) that are prescribed by by-law for the purposes of item 15 of Schedule 4 to the Customs Tariff Act 1995; and

that are imported by passengers, or members of the crew, of ships or aircraft; and

on which duty is not payable.

Application for permission

lodge a written application with the Minister or an authorised person; and

give to the Minister or authorised person any information that the Minister or authorised person reasonably requires for the purpose of making a decision on the application.

Dealing with application for permission

the holder of the permission does not comply with a condition or requirement of the permission; or

the Minister or authorised person is satisfied that revocation is necessary:

for the protection of the revenue; or

for ensuring compliance with the Customs Acts.

Notice of decision to refuse or revoke permission

not to grant a permission; or

to revoke a permission;

the Minister or authorised person must give the applicant or holder of the permission written notice of the decision as soon as practicable after making the decision.

Minister may approve importation of specified tobacco products etc.

the tobacco product is specified in, or included in a class of tobacco products specified in, the approval;

the tobacco product is imported by a person, or class of persons, specified in, the approval;

the tobacco product does not exceed a value or amount specified in the approval;

the tobacco product is imported in a way, or by a means, specified in the approval.

the firearm, firearm accessory, firearm part, firearm magazine, ammunition, a component of ammunition or an imitation is an article to which an item in Part 2 of Schedule 6 applies; and

the importation is in accordance with the requirements set out in column 3 of the item; and

if the public safety test for firearms is applied under regulation 4FA to the importation of the article—the importation of the article passes the public safety test for firearms.

(1AA) Despite subregulation (1), the importation of an article that fails the public safety test for firearms is not prohibited if the importation of the article complies with the public interest test set out in item 8A, or the national interest test set out in item 8B, of Part 1 of Schedule 6.

the public interest test set out in item 8A of Part 1 of that Schedule;

the national interest test set out in item 8B of Part 1 of that Schedule.

the firearm operates with a self-opening repeating action, or a self-closing repeating action; and

the cycle of operation of the firearm is partly automated.

barrel extension means a metal projection:

which extends rearward from the breech end of a firearm barrel; and

into which the breech locks while the firearm is in battery or firing position.

component of ammunition means a projectile, cartridge casing or primer designed or adapted for use in ammunition.

deactivated firearm means an article that:

was in a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

has been rendered incapable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

cannot be returned to a condition in which it could discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

still has the appearance of a firearm, and could reasonably be taken to be a firearm.

For the article to be incapable of being returned to its original firing condition, all major parts of the article must be destroyed, permanently incapacitated or permanently immobilised. This includes (but is not limited to) the bolt, barrel, gas system, receiver, trigger, sear or hammer, feed pawls and actuating arm or arms. This can be done:

(a) by fusion welding, which is welding material into the barrel, and welding of all the major parts of the firearm, in a way that cannot be reversed; or

(b) by sectioning, which is the machining or milling of all the major parts of the firearm in a way that cannot be reversed, exposing the internal mechanism; or

another method of treating the major parts that ensures that the parts are deactivated to the extent that the firearm is incapable of being returned to its original firing condition.

detachable stock means a stock that:

is easily removable from a firearm without the use of a tool; and

does not make the firearm dangerous to operate or unreasonable to fire when removed.

electro-shock cartridge means ammunition, discharged from a firearm, that is designed or adapted to deliver an electric shock or charge on impact.

firearm:

means a device designed or adapted to discharge shot, bullets or other projectiles by means of an explosive charge or a compressed gas, whether that device is fitted with a magazine or other feeding device designed to be used with it or not; and

includes the following devices:

a deactivated firearm;

a blank-fire firearm;

any flare gun or signalling device, except a flare gun or signalling device mentioned in subparagraph (c)(iii); and

does not include the following devices:

a nailing or stapling gun;

an explosive-powered fixing tool;

a flare gun or other signalling device, designed for emergency or life-saving purposes;

a line-thrower;

a hand-operated device that uses blank cartridges to propel objects for retrieval in connection with the training of dogs;

a tranquilliser gun;

a gun that operates a captive bolt for the slaughter of animals;

a device for the casting of weighted nets;

large calibre armament, weapons, launchers, throwers and projectors, designed for grenades, bombs, rockets or any other missile, ammunition or substance, to which item 1 of Part 2 of Schedule 13 applies;

a sidewall core gun designed for geological purposes, mining purposes, or both;

an expandable casing perforation gun designed for geological purposes, mining purposes, or both;

a hand-held electric device to which item 3 of Part 2 of Schedule 13 applies;

(xiii) a low power device that meets the requirements of a projectile toy under the Consumer Goods (Projectile Toys) Safety Standard 2020, as in force from time to time.

firearm accessory means any of the following devices, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished:

a silencer, sound moderator, sound suppressor or any other device designed to reduce, or capable of reducing, the noise of discharge of the firearm;

a device designed to modify, or capable of converting, a firearm to give it any of the following capabilities:

burst fire;

semi-automatic operation;

fully automatic operation;

a device designed to give, or capable of giving, a firearm the capability of being operated in a way that mimics:

burst fire; or

fully automatic operation;

a device that holds multiple rounds of ammunition, other than ammunition mentioned in item 14A or 14B of Part 2 of Schedule 6, in alignment for the purpose of quickly reloading a firearm, a cylinder or a firearm magazine;

a firearm part to which a firearm accessory is attached or is integral.

firearm magazine means a magazine designed or intended for use with a firearm, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished.

firearm part, for a firearm, means any of the following items, whether or not complete, damaged, temporarily or permanently inoperable, or unfinished:

a gas piston, friction ring, action bar, breech bolt or breech block;

a firearm barrel;

a barrel extension;

a trigger mechanism;

a frame or receiver;

a slide;

an upper receiver;

a lower receiver;

a revolving cylinder;

a bolt carrier;

an adjustable, detachable or folding stock;

something, other than a complete firearm, that includes one or more of the items mentioned in paragraphs (a) to (j).

a firearm accessory, a firearm magazine or ammunition;

a screw, spring, or other minor component, of a firearm.

folding stock means a stock that is designed to be, or capable of being, folded in any way to reduce the length of a firearm.

handgun means a firearm that must be:

reasonably capable of being raised and fired with one hand; and

reasonably capable of being carried or concealed on the body of a person; and

not more than 650 mm long.

imitation means an article, of any material or colour:

that:

is a copy or reproduction of a firearm; or

has the appearance of a firearm; and

that is not capable of discharging shot, bullets or other projectiles by means of an explosive charge or a compressed gas; and

that could reasonably be taken to be a firearm; and

that is not a blank-fire firearm.

skirmish marker:

means a firearm that is designed to fire plastic, polymer or hydrated superabsorbent polymer balls, darts, discs or similar projectiles of any material; and

includes goods commonly known as airsoft handguns, airsoft rifles, airsoft shotguns, blasters, gel blasters or gel ball blasters.

straight pull repeating action: a firearm is a straight pull repeating action firearm if the firearm is operated by movement of a bolt or handle along a single linear axis (that is, without rotation).

the Minister assesses the importation of the article under subregulation (1); and

the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the article does not pose a risk to the health, safety or security of the public or a segment of the public.

the Minister assesses the importation of the article under subregulation (1); and

the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the article poses a risk to the health, safety or security of the public or a segment of the public.

Rules relating to public safety test for firearms

lodge a written application with the Minister or an authorised person; and

give to the Minister or authorised person any information that the Minister or authorised person reasonably requires for the purpose of making a decision on the application.

conditions or requirements for the permission; and

a time (before or after the importation of the tablet press or encapsulator) at which the holder must comply with a condition or requirement.

equipment that can be used to produce a coherent solid capsule by completely enveloping any of the following:

a powdered or granular solid;

semi-solid material;

a liquid;

a gas; or

equipment to which paragraph (a) would apply were the equipment not incomplete, damaged, temporarily or permanently inoperable, or unfinished.

tablet press means:

equipment that can be used to compact or mould either or both of the following into a coherent solid tablet:

a powdered or granular solid;

semi-solid material; or

equipment to which paragraph (a) would apply were the equipment not incomplete, damaged, temporarily or permanently inoperable, or unfinished.

an SES employee, or an acting SES employee, in the Department;

an APS employee in the Department.

the importation is in accordance with the requirements set out in the item; and

if the public safety test for weapons is applied under regulation 4HA to the importation of the goods—the importation of the goods passes the public safety test for weapons.

goods that:

are specified in Part 2 of Schedule 13; and

meet the criteria set out in regulation 3A or 3D;

goods that:

are specified in item 2, 3, 5, 6, 12, 14, 20, 23, 24, 26, 27, 29, 33, 41, 42 or 45 of Part 2 of Schedule 13; and

meet the criteria set out in subregulation 3C(1);

goods that:

are covered by subregulation 3F(1); and

meet the criteria set out in regulation 3F.

conditions or requirements to be complied with by the holder of the permission; and

when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the good to which the permission relates.

the Minister assesses the importation of the goods under subregulation (1); and

the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the goods does not pose a risk to the health, safety or security of the public or a segment of the public.

the Minister assesses the importation of the goods under subregulation (1); and

the Minister determines, in accordance with the legislative instrument made under subregulation (6), that the importation of the goods poses a risk to the health, safety or security of the public or a segment of the public.

Rules relating to public safety test for weapons

appears, on reasonable grounds, to be part of an ice pipe; and

is capable of being used for administering a drug mentioned in Schedule 4, in the way described in the definition of ice pipe, only if adjusted, modified or added to.

ice pipe means a device that is capable of being used for administering methylamphetamine, or any other drug mentioned in Schedule 4, by the drawing or inhaling of smoke or fumes resulting from heating the drug, in the device, in a crystal, powder, oil or base form.

the person importing the ice pipe or the component of an ice pipe is the holder of a written permission granted by the Minister or an authorised person; and

the permission is produced to the Collector at or before the time of importation.

in writing; and

lodged with the Minister or an authorised person.

conditions or requirements that the holder of the permission must comply with; and

a time at which the holder of the permission must comply with a condition or requirement, whether before or after the importation of the ice pipe to which the permission relates.

are unworked or simply sawn, cleaved or bruted; and

(b) are classified under heading 7102.10.00, 7102.21.00 or 7102.31.00 of Schedule 3 to the Customs Tariff Act 1995.

the country is a Participant; and

the country has issued a Kimberley Process Certificate for the rough diamonds; and

the original certificate is produced to a Collector at or before the time of importation; and

the rough diamonds are imported in a tamper resistant container.

retain the original certificate for a period of 5 years after the time of importation; and

(b) produce the original certificate to an employee of the Department administered by the Minister administering the Offshore Minerals Act 1994 if requested to do so within that period.

(a) the CEO of ARPANSA, Australian Radiation Protection and Nuclear Safety Act 1998, appointed in writing by the Minister as an authorised officer for this regulation; orwithin the meaning of section 14 of the

an APS employee assisting the CEO in accordance with section 58 of that Act appointed in writing by the Minister as an authorised officer for this regulation.

Minister means the Minister administering the Australian Radiation Protection and Nuclear Safety Act 1998.

radioactive substance means any radioactive material or substance, including radium, any radioactive isotope or any article containing any radioactive material or substance.

a permission in writing to import the substance has been granted by the Minister or an authorised officer; and

the permission is produced to a Collector.

the person importing the lighter has:

completed a statutory declaration stating that a certificate of compliance, within the meaning of the American Standard, has been issued in accordance with that standard; and

produced that statutory declaration to the Collector; or

the Minister has granted a permission in writing for the lighter to be imported.

the conditions or requirements to be complied with by the holder of the permission; and

the time, being a time either before or after the importation of the goods to which the permission relates, at or before which the condition or requirement is to be complied with by the holder of the permission.

set out in Part 1210, Title 16 of the Code of Federal Regulations; and

published in the Federal Register of the United States of America, Vol 58, No. 131, on 12 July 1993.

Disposable lighter means a flame producing device that is designed:

to light cigarettes, cigars or pipes; and

to be discarded when its fuel supply is exhausted, or to incorporate a separate container of fuel that is designed to be discarded when empty.

lighter means a disposable lighter, novelty lighter or refillable lighter.

Minister means the Minister administering Part 3-3 of Schedule 2 to the Competition and Consumer Act 2010.

Novelty lighter means a flame producing device that is designed:

to light cigarettes, cigars or pipes; and

either:

to have an entertaining audio or visual effect (other than producing a flame) (for example, playing musical notes or displaying flashing lights); or

to depict or resemble, in physical form or function, an article commonly recognised as appealing to, or intended to be used by, a young child (for example a cartoon character, drink, food, gun, musical instrument, toy, toy animal, vehicle or watch).

refillable lighter means a flame producing device that:

is designed to light cigarettes, cigars or pipes; and

is designed to be refilled with fuel; and

(c) has a customs value, determined under Customs Act 1901, of $5 or less.section 159 of the

a permission in writing to import the card has been given by the Minister; and

the permission is produced to a Collector.

conditions or requirements to be complied with by the holder of the permission; and

when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the card to which the permission relates.

a permission in writing to import the goods has been given by the Minister; and

the permission is produced to a Collector.

conditions to be complied with by the holder of the permission; and

when the holder of the permission must comply with a condition, whether before or after the importation of the goods to which the permission relates.

the person importing the goods is the holder of a written permission granted by the Minister or an authorised officer; and

the permission or a copy of the permission is produced to the Collector at or before the time of importation.

a shape described as any of:

A50 to A65; or

PS50 to PS65; or

M50 to M65; or

T50 to T65; or

E50 to E65;

a cap described as E14, E26, E27, B15 or B22d;

a nominal voltage of ≥220 V;

a nominal wattage of <150 W;

but not including primary coloured lamps.

Minister means the Minister administering the Greenhouse and Energy Minimum Standards Act 2012.

the person importing the incandescent lamp is the holder of a written permission granted by the Minister or an authorised officer; and

the permission or a copy of the permission is produced to the Collector at or before the time of importation.

permission to import the goods has been granted under subregulation (3) and is in force; and

the permission is produced to the Collector.

must be in writing; and

must be lodged with the Minister or an authorised person.

may specify conditions or requirements to be complied with by the holder of the permission; and

for any such condition or requirement, may specify the time (being a time either before or after the importation of the goods to which the permission relates) at or before which the condition or requirement must be complied with by the holder of the permission.

not to grant a permission; or

to grant a permission subject to a condition or requirement; or

to revoke a permission.

(a) subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and

a person whose interests are affected by the decision may request a statement of reasons for the decision under section 268 of that Act.

(a) are mentioned in an item of the table in subregulation 4A(2) of the Autonomous Sanctions Regulations 2011; or

have been designated as import sanctioned goods under subregulation 4A(3) of those Regulations.

the goods originate in, or are exported from, the country for which they are import sanctioned goods; and

(b) the importation is not authorised in accordance with a permit granted under paragraph 18(1)(b) of the Autonomous Sanctions Regulations 2011.

(a) the goods are goods to which subregulation 4A(4) of the Autonomous Sanctions Regulations 2011 applies; and

the importation is not authorised in accordance with a permit granted under paragraph 18(1)(b) of those Regulations.

weapons; and

ammunition; and

military vehicles and equipment; and

spare parts and accessories for the things mentioned in paragraphs (a) to (c); and

paramilitary equipment.

authorised person means an officer of the Foreign Department authorised in writing by the Foreign Minister for this regulation.

paramilitary equipment means any of the following:

batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;

body armour, including:

bullet-resistant apparel; and

bullet-resistant pads; and

protective helmets;

handcuffs, leg-irons and other devices used for restraining prisoners;

riot protection shields;

whips;

parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).

seafood includes fish, crustaceans, molluscs and other aquatic invertebrates.

food (except seafood);

medicine;

accompanied personal or household effects (except arms or related matériel) of a person who is a passenger, or a member of the crew, of a ship or aircraft, being effects that a Collector reasonably believes:

to be for the personal use of that person; and

if that person is not a resident of the Democratic People’s Republic of Korea—were not purchased in the Democratic People’s Republic of Korea.

(2AB) For the purposes of paragraph (2AA)(c), a Collector may take into account the quantities of the accompanied personal or household effects. This subregulation does not limit the matters a Collector may take into account.

be in the form approved under subregulation (2B); and

contain the information required by the form; and

be signed as indicated by the form.

Australia’s relations with other countries; and

Australia’s obligations under international law.

conditions or requirements, including times for compliance, to which the importation is subject; and

the quantity of the goods that may be imported; and

the circumstances in which the goods may be imported.

a condition or requirement of the permission has not been complied with or, unless modified, is unlikely to be complied with; or

permitting, or continuing to permit, the importation of goods in accordance with the permission would infringe the international obligations of Australia.

(a) are import sanctioned goods (within the meaning of the Charter of the United Nations (Sanctions—Iran) Regulations 2025); or

contain import sanctioned technology.

import sanctioned technology means import sanctioned goods (within the meaning of the Charter of the United Nations (Sanctions—Iran) Regulations 2025) that are technology.

be in the form approved under subregulation (2B); and

contain the information required by the form; and

be signed as indicated by the form.

conditions or requirements, including times for compliance, to which the importation is subject; and

the quantity of the goods that may be imported; and

the circumstances in which the goods may be imported.

Australia’s relations with other countries; and

Australia’s obligations under international law.

a condition or requirement of the permission has not been complied with or, unless modified, is unlikely to be complied with; or

permitting, or continuing to permit, the importation of goods in accordance with the permission would infringe the international obligations of Australia.

weapons; and

ammunition; and

military vehicles and equipment; and

spare parts and accessories for the things mentioned in paragraphs (a) to (c); and

paramilitary equipment.

authorised person means a person authorised under subregulation (7).

paramilitary equipment means any of the following:

batons, clubs, riot sticks and similar devices of a kind used for law enforcement purposes;

body armour, including:

bullet-resistant apparel; and

bullet-resistant pads; and

protective helmets;

handcuffs, leg-irons and other devices used for restraining prisoners;

riot protection shields;

whips;

parts and accessories designed or adapted for use in, or with, equipment mentioned in paragraphs (a) to (e).

be in the form approved under subregulation (3A); and

contain the information required by the form; and

be signed as indicated by the form.

conditions or requirements, including times for compliance, to which the importation is subject; and

the quantity of the goods that may be imported; and

the circumstances in which the goods may be imported.

Australia’s relations with other countries; and

Australia’s obligations under international law.

a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or

permitting, or continuing to permit, the importation of goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

be in the form approved under subregulation (4); and

contain the information required by the form; and

be signed as indicated by the form.

conditions or requirements, including times for compliance, to which the importation is subject; and

the quantity of the goods that may be imported; and

the circumstances in which the goods may be imported.

Australia’s relations with other countries; and

Australia’s obligations under international law.

a condition or requirement of the permission has not been complied with, or is unlikely to be complied with unless modified; or

permitting, or continuing to permit, the importation of goods in accordance with the permission would breach Australia’s international obligations or otherwise damage Australia’s international relations.

the person importing the drug is the holder of:

a licence to import drugs granted by the Secretary or an authorised person under this regulation; and

a permission to import the drug granted by the Secretary or an authorised person under this regulation;

the permission referred to in subparagraph (a)(ii), or a copy of the permission, is produced to the Collector;

the drug is imported within the period specified in the permission referred to in subparagraph (a)(ii); and

the quantity of the drug that is imported does not exceed:

except where subparagraph (ii) applies—the quantity specified in the permission referred to in paragraph (a)(ii) in relation to the drug; or

where the Collector has given a certificate or certificates under subregulation (14)—the difference between the quantity specified in the permission in relation to the drug and the quantity specified in the certificate, or, if more than one certificate has been given, the total of the quantities specified in those certificates, in relation to the drug.

a drug in respect of the importation of which an approval is in force under subregulation (3); or

a drug that is imported into Australia by a person who is a passenger on board a ship or aircraft if the drug:

is required for the medical treatment of the person or of another passenger under the care of the person;

was prescribed by a medical practitioner for the purposes of that treatment; and

was supplied to the person in accordance with the prescription of the medical practitioner referred to in subparagraph (ii); or

an importation that meets the requirements in paragraphs 5F(1)(a), (b) and (c).

is required for the medical treatment of an animal that is being imported and is under the care of the person; and

was prescribed by a veterinarian for use in the animal for the purposes of that treatment; and

was supplied to the person in accordance with the prescription of the veterinarian.

the drug is specified in, or included in a class of drugs specified in, the approval;

the drug is imported in a form (including a concentration) specified in the approval;

the drug is imported by a person, or class of persons, specified in the approval;

the drug does not exceed a value or amount specified in the approval;

the drug is imported in a way, or by a means, specified in the approval.

the applicant has furnished all the information requested by the Secretary or authorised person under subregulation (6);

the applicant is a fit and proper person to be granted a licence to import drugs;

the persons (if any) that the applicant:

has appointed, or proposes to appoint, as agents; or

has employed or proposes to employ;

for the purposes of the business carried on by the applicant in relation to drugs, are fit and proper persons to be so appointed as agents or so employed; and

the premises on which the applicant proposes to keep the drugs that will come within the applicant’s possession during the currency of the licence are secure for that purpose.

the holder of the licence shall:

keep in safe custody at all times any drug that is in the holder’s possession; and

if the drug is moved from one place to another, take adequate precautions to ensure that the removal is safely carried out;

the holder of the licence shall take such reasonable precautions as the Secretary or an authorised officer, or the Comptroller-General of Customs, directs for the purpose of ensuring that there is no danger of loss or theft of any drug in the possession of the holder of the licence;

(c) the holder of the licence shall not dispose of any drug, being a drug, other than methaqualone, referred to in paragraph (a) of the definition of drug in subregulation (20), unless satisfied that the drug will be used solely for medical or scientific purposes;

the holder of the licence shall not dispose of the drug methaqualone unless satisfied that the drug will be used solely for scientific purposes;

the holder of the licence shall record in a book kept for that purpose:

the name and quantity of each drug that is in the holder’s possession and, where any such drug has been obtained from another person, the name and address of that other person;

where the holder of the licence supplies any quantity of a drug to another person—the quantity of the drug so supplied and the name and address of the other person; and

where the holder of the licence uses a drug in the manufacture of another drug or an exempted preparation—the quantity of the drug used, lost, destroyed, evaporated or wasted in that manufacture and the quantity and nature of the other drug or exempted preparation manufactured;

the holder of the licence shall, when required by the Secretary or an authorised officer, or the Comptroller-General of Customs, produce to that person for examination:

any book kept in accordance with paragraph (d); and

any drug in the possession of the holder of the licence;

the holder of the licence shall retain any book kept in accordance with paragraph (d) until the Secretary or an authorised person approves of its destruction;

the holder of the licence shall, within 5 days after the expiration of a report week, furnish to the Secretary a return setting out the entries recorded in respect of the report week in the book referred to in paragraph (d);

the holder of the licence shall, within 14 days after receiving a notice in writing from the Secretary or an authorised person, furnish to the Secretary such information as is requested in the notice, being information with respect to:

the orders for drugs placed with the holder of the licence within such period immediately preceding the date of the notice as is specified in the notice;

the orders for drugs that the holder of the licence reasonably expects to be placed with the holder within such period immediately following the date of the notice as is specified in the notice; or

any proposal of the holder of the licence to manufacture or sell by wholesale, within such period immediately following the date of the notice as is specified in the notice, a drug that the holder has not previously manufactured or sold by wholesale;

the holder of the licence shall in respect of each permission to import a drug that is granted to the holder during the currency of the licence, being a permission that specifies a condition or requirement to be complied with by the holder, comply with that condition or requirement.

the applicant has furnished all the information requested by the Secretary or authorised person under subregulation (6);

in the case of a drug that is included in Schedule 1 or 2 to the Single Convention:

(i) where the drug is required by the applicant for the manufacture of a drug at certain premises—if the Narcotic Drugs Act 1967 applies in relation to that manufacture, the applicant is, for the purposes of that Act, the holder of a manufacturer’s licence in relation to the manufacture of the last-mentioned drug at those premises and, if, under a law of the State or Territory in which those premises are situated, the manufacture of that drug is prohibited unless a licence to manufacture the drug has been granted under that law, the applicant is, for the purposes of that law, the holder of a licence authorising the applicant to manufacture the drug at those premises;

where the drug is required by the applicant for the purposes of the applicant’s business as a seller or supplier of drugs—the applicant is, under a law of the State or Territory in which the premises at or from which the applicant conducts that business are situated, the holder of a licence authorising the applicant to sell or supply the drug at or from those premises; or

where subparagraphs (i) and (ii) do not apply—the drug is required by the applicant for medical or scientific purposes;

in the case of a drug, other than methaqualone, that is not included in Schedule 1 or 2 to the Single Convention:

where the drug is required by the applicant for the manufacture of a drug at certain premises and, under a law of the State or Territory in which those premises are situated, the manufacture of the drug is prohibited unless a licence to manufacture the drug has been granted—the applicant is, for the purposes of that law, the holder of a licence authorising the applicant to manufacture the drug at those premises;

where the drug is required by the applicant for the purposes of the applicant’s business as a seller or supplier of drugs and, under a law of the State or Territory in which the premises at or from which the applicant conducts that business are situated, the sale or supply of the drug is prohibited unless a licence to sell or supply the drug has been granted—the applicant is, for the purposes of that law, the holder of a licence authorising the applicant to sell or supply the drug at or from those premises; or

(iii) where subparagraphs (i) and (ii) do not apply and the drug is a drug referred to in paragraph (a) of the definition of drug in subregulation (20)—the drug is required by the applicant for medical or scientific purposes;

where the drug is methaqualone—the drug is required for use by the applicant or by another person solely for scientific purposes; and

proper arrangements have been made by the applicant for the safe transportation and safe custody of the drug after the drug has been delivered for home consumption.

the name and address of the holder of the permission;

the name of the supplier of the drug and the supplier’s address in the country from which the drug is exported;

the name by which the drug is commonly known and the international non-proprietary name (if any) of the drug;

the quantity of the drug that the holder of the permission may import;

where the drug is a pharmaceutical product:

the form in which the drug is to be imported; and

(ii) in the case of a drug referred to in paragraph (d) of the definition of drug in subregulation (20)—the strength of the active ingredient, or each active ingredient, as the case may be, that is contained in, or is part of, the drug; and

the period during which the importation may be effected under the permission.

(a) the total quantity (if any) of the drug the importation of which during the year within which the specified period occurs (in this subregulation referred to as the relevant year) has already been authorised by the Secretary or an authorised person; and

the total quantity of the drug in respect of which, having regard to the information furnished to the Secretary under subregulation (6) or paragraph (9)(h) by other persons holding a licence to import drugs, those persons may reasonably be expected to apply for permission authorising the importation of the drug during the relevant year;

exceeds the amount that, in accordance with the requirements of the Single Convention, has been determined to be the maximum amount of that drug that may be imported into Australia during the relevant year.

for reasons outside the control of the holder of a permission to import a drug, the quantity, or any part of the quantity, of the drug specified in the permission could not be imported, or cannot reasonably be expected to be imported, within the period specified in the permission; and

the holder of the permission (whether before or after the expiration of the period specified in the permission) applies in writing to the Secretary for a variation of the period during which the importation of the drug may be effected;

the Secretary or an authorised person may, by writing endorsed on, or attached to, the permission, specify a period other than the period specified in the permission as the period during which the importation of the drug may be effected.

a permission to import a drug specifies a condition or requirement to be complied with by the holder of the permission; and

the holder of the permission fails to comply with the condition or requirement;

the Secretary or an authorised person may revoke the permission, whether or not the holder of the permission is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.

not to grant under subregulation (5) a licence to import drugs, or a permission to import a drug; or

to grant under subregulation (13) a permission, to import a drug, that specifies:

a condition or requirement to be complied with; or

a time at which a condition or requirement specified in the permission is to be complied with; or

not to specify under subregulation (15) a period, other than the period specified in a permission, as the period during which the importation of a drug may be effected; or

to revoke under subregulation (17) a licence to import drugs; or

to revoke under subregulation (18) a permission to import a drug;

the Secretary or the authorised person, as the case requires, must give to the applicant or the holder of the licence or the holder of the permission, as the case requires, notice in writing setting out the decision as soon as practicable after the making of the decision.

in relation to a chemical or compound—any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated, and includes a salt of the chemical or compound; and

in relation to an isomer, or a mixture of isomers, of a chemical or compound—any substance chemically derived from the isomer or mixture of isomers and from which the isomer or mixture of isomers may be regenerated, and includes a salt of the isomer or mixture of isomers.

drug means:

a chemical, compound, or other substance or thing, that is included in Schedule 4;

an isomer or a mixture of isomers of a chemical or compound referred to in paragraph (a);

a derivative of:

a chemical or compound referred to in paragraph (a); or

an isomer or mixture of isomers referred to in paragraph (b);

a substance or thing, other than an exempted preparation, that contains, or consists in part of:

a chemical, compound, or other substance or thing, referred to in paragraph (a);

an isomer or mixture of isomers referred to in paragraph (b); or

a derivative referred to in paragraph (c); or

a chemical or compound, other than a chemical or compound that is a drug by virtue of another paragraph of this definition, that, in the manufacture by a chemical process of a chemical or compound referred to in paragraph (a), is an immediate precursor of that chemical or compound.

exempted preparation means a substance or thing that is a preparation included in Schedule III to the Single Convention.

manufacture means:

in relation to a drug—the carrying out of any process by which the drug may be obtained and includes:

the refining of the drug;

the transformation of another drug into the drug;

the mixing or compounding of 2 or more drugs to make the drug;

the preparation of tablets, pills, capsules, ampoules or other pharmaceutical products consisting of, or containing, the drug; and

the packing or re-packing of the drug;

but does not include the carrying out of any process referred to in subparagraph (iii), (iv), or (v) that is carried out by, or under the responsibility of, a person in the course of business as a pharmacist for the purpose of supplying a quantity of the drug to another person; and

in relation to an exempted preparation—the carrying out of any process by which the exempted preparation may be obtained other than such a process carried out by, or under the responsibility of, a person in the course of business as a pharmacist for the purpose of supplying the exempted preparation to another person.

medical practitioner means a person authorised to practice as a medical practitioner under the law of a State, a Territory or another country.

report week means each period that is set out as being a report week in a notice published in accordance with subregulation (19).

Secretary means the Secretary to the Department.

Single Convention means the Single Convention on Narcotic Drugs, 1961, being the Convention of that name that was adopted and opened for signature at New York on 30 March 1961, as amended and existing on the commencement of this regulation.

year means a period of 12 months commencing on 1 January.

the person importing the vaping goods is the holder of:

a licence to import the vaping goods granted by a prescribed authority under this regulation; and

a written permission to import the vaping goods granted by a prescribed authority under this regulation; and

the permission, or a copy of the permission, is produced to the Collector; and

the importation is by means other than post.

disposable vape;

vape;

vape accessory;

vape substance;

vaping goods.

the vaping goods are presented by the first person as being for use in connection with the treatment of the first person or one or more other persons on board the ship or aircraft who are under the care of the first person; and

the vaping goods do not include more than the following for each person referred to in paragraph (a):

2 vapes;

20 vape accessories that are cartridges, capsules or pods;

200 ml of vape substances in liquid form.

an importation that meets the requirements of:

paragraphs 5(1)(a) to (d); or

paragraph 5(2)(b); or

an importation of a disposable vape or a vape accessory containing a substance, if the importation of that substance meets the requirements of:

paragraphs 5(1)(a) to (d); or

paragraph 5(2)(b).

the vaping goods are specified in, or included in a class of vaping goods specified in, the approval;

the vaping goods are imported in a form (including a concentration) specified in the approval;

the vaping goods are imported by a person, or class of persons, specified in the approval;

the vaping goods do not exceed a value or amount specified in the approval;

the vaping goods are imported in a way, or by a means, specified in the approval.

Applications for licences and permissions

make the application on the form approved by the Secretary; and

lodge the application with a prescribed authority; and

give to the prescribed authority any information that the prescribed authority reasonably requires for the purpose of making a decision on the application.

Dealing with applications for licences

the applicant has given the prescribed authority all the information required by the prescribed authority under paragraph (6)(c); and

the prescribed authority is satisfied that the applicant is to import the vaping goods:

for vaping goods other than disposable vapes—for the purposes of manufacture and supply as part of the applicant’s business or only for the purposes of supply or use for medical or scientific research; or

for disposable vapes—only for the purposes of supply or use for medical or scientific research; and

the applicant is registered for GST; and

the applicant has an ABN; and

if the applicant is required, under a law of a State or Territory in which the applicant conducts business, to hold a licence or other approval (however described) in relation to the vaping goods—the applicant holds the relevant licence or approval.

conditions or requirements to be complied with by the holder of the licence; and

when the holder must comply with a condition or requirement, whether before or after the importation of the vaping goods to which the licence relates.

a licence to import vaping goods specifies a condition or requirement to be complied with by the holder of the licence; and

the holder of the licence fails to comply with the condition or requirement;

the Secretary or an authorised officer may, in writing, revoke the licence, whether or not the holder of the licence is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.

Dealing with applications for permissions

the applicant is the holder of a licence granted under subregulation (1) to import the vaping goods; and

one or more of the following apply:

(i) the vaping goods are included in the Australian Register of Therapeutic Goods maintained under the Therapeutic Goods Act 1989;

the vaping goods meet the notification requirements in subregulation (13);

the vaping goods are to be imported only for the purposes of supply or use for medical or scientific research and a notice, in a form approved in writing by the Secretary, has been given to the Secretary stating that the goods are being imported only for that purpose;

the vaping goods are to be imported for a purpose specified for the goods by the Secretary under subregulation (14) and a notice, in a form approved in writing by the Secretary, has been given to the Secretary stating that the goods are being imported only for a purpose specified for the goods;

the vaping goods are vaping goods of a kind specified by the Secretary under subregulation (15).

(a) for a vaping good that is a therapeutic cannabis vaping good within the meaning of the Therapeutic Goods (Medical Devices) Regulations 2002—a notice, in a form approved by the Secretary, has been given to the Secretary stating that the device:

(i) complies with the essential principles (within the meaning of the Therapeutic Goods Act 1989); or

is imported with the consent of the Secretary under section 41MA or 41MAA of that Act; or

for any other vaping goods:

(i) a notice in relation to the vaping goods has been given in accordance with paragraph (a) of the column headed “Conditions” of item 2.17 of Therapeutic Goods (Medical Devices) Regulations 2002; orPart 2 of Schedule 4 to the

(ii) a notice in relation to the vaping goods has been given in accordance with paragraph (a) of the column headed “Conditions” of item 2.18 of Therapeutic Goods (Medical Devices) Regulations 2002; orPart 2 of Schedule 4 to the

(iii) a notice in relation to the vaping goods has been given in accordance with paragraph (a) of column 3 of item 15 of Schedule 5A to the Therapeutic Goods Regulations 1990; or

(iv) a notice in relation to the vaping goods has been given in accordance with paragraph (a) of column 3 of item 16 of Schedule 5A to the Therapeutic Goods Regulations 1990.

conditions or requirements to be complied with by the holder of the permission; and

when the holder must comply with a condition or requirement, whether before or after the importation of the vaping goods to which the permission relates.

a permission to import vaping goods specifies a condition or requirement to be complied with by the holder of the permission; and

the holder of the permission fails to comply with the condition or requirement;

the Secretary or an authorised officer may, in writing, revoke the permission, whether or not the holder of the permission is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.

Definitions

(a) of the kind referred to in paragraph (a) of the definition of vape in this regulation; and

that is fully assembled with all the constituent components fixed permanently in place and that is not designed or intended to be disassembled; and

that:

is pre-filled with a vape substance; or

is designed or intended to be supplied pre-filled with a vape substance; and

that is not designed or intended to be refilled.

Minister means the Minister administering the Therapeutic Goods Act 1989.

prescribed authority means any of the following:

the Secretary;

an authorised officer;

an authorised person.

registered for GST means registered under the GST Act.

Secretary means the Secretary of the Department.

vape means:

a device (whether or not filled with a vape substance) that generates or releases, or is designed or intended to generate or release, using a heating element and by electronic means, an aerosol, vapour or mist for direct inhalation by its user; or

a device to which paragraph (a) would apply were the device not incomplete, damaged, temporarily or permanently inoperable, or unfinished; or

a device the presentation of which includes an express or implied representation that the device is a device of the kind referred to in paragraph (a) or (b).

humidifiers;

diffusers;

nebulisers;

inhalers.

vape accessory means:

a cartridge, capsule, pod, vial, dropper bottle, drip bottle or other vessel:

that contains, or that is designed or intended to contain, a vape substance; and

whether or not integrated with other components of a vape; or

a vessel the presentation of which includes an express or implied representation that the vessel is a vessel of the kind referred to in paragraph (a).

vape substance means:

a liquid or other substance designed or intended for use in a vape; or

nicotine in solution in any concentration, including in salt or base form; or

a substance the presentation of which includes an express or implied representation that the substance is a substance of the kind referred to in paragraph (a).

vaping goods means:

a vape; or

(b) a vape accessory; or

a vape substance.

the presentation of a device, vessel or substance includes matters in relation to:

the name of the device, vessel or substance; and

the labelling and packaging of the device, vessel or substance; and

any advertising or informational material associated with the importation of the device, vessel or substance; and

a device, vessel or substance may be presented as being a kind of device, vessel or substance even if the presentation:

is capable of being misleading or confusing as to the content or proper use or identification of the device, vessel or substance; or

suggests that the device, vessel or substance has ingredients, components or characteristics that it does not have.

the person importing the kava food product is the holder of a permission to import the kava food product granted by the Secretary or an authorised person under this regulation; and

the permission or a copy of the permission is produced to the Collector; and

the importation is by means other than post.

Permitted drug importations exempt from prohibition under this regulation

an importation that meets the requirements in paragraphs 5(1)(a), (b), (c) and (d); or

a drug that is imported as mentioned in paragraph 5(2)(b) or subregulation 5(2A); or

a drug in respect of the importation of which an approval is in force under subregulation 5(3).

Application for permission

make the application on the form approved by the Secretary; and

lodge the application with the Secretary or an authorised person; and

give to the Secretary or authorised person any information that the Secretary or authorised person reasonably requires for the purpose of making a decision on the application.

Dealing with application for permission

the applicant has given the Secretary or authorised person all the information required by the Secretary or authorised person under paragraph (3)(c); and

the Secretary or authorised person is satisfied that the applicant is to import the kava food product for the purposes of selling it as part of the applicant’s business; and

the applicant is registered for GST; and

the applicant has an ABN.

conditions or requirements to be complied with by the holder of the permission; and

when the holder must comply with a condition or requirement, whether before or after the importation of the kava food product to which the permission relates.

Revocation of permission

a permission to import a kava food product specifies a condition or requirement to be complied with by the holder of the permission; and

the holder of the permission fails to comply with the condition or requirement;

the Secretary or an authorised person may revoke the permission, whether or not the holder of the permission is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.

Definitions

an officer of the Department;

the Administrator of Norfolk Island.

the person importing the substance is the holder of a permission to import the substance granted in writing by the Secretary or an authorised person; and

the permission is produced to a Collector.

the substance is required for the medical treatment of a person who is a passenger on a ship or aircraft; and

the substance is imported into Australia on the ship or aircraft; and

the substance was prescribed by a medical practitioner for that treatment; and

the amount of the substance imported does not exceed the amount of the substance prescribed by the medical practitioner for the person receiving the treatment.

(a) a person who is an athlete Sport Integrity Australia Act 2020; orwithin the meaning of section 4 of the

a person who:

(i) is a support person Sport Integrity Australia Act 2020; andwithin the meaning of section 4 of the

has come to Australia for purposes relating to the performance of an athlete, the management of an athlete or the management of an athlete’s interests.

1 Coaching or training an athlete.

2 Providing medical treatment or physiotherapy to an athlete.

3 Managing an athlete.

4 Managing public relations for an athlete.

conditions or requirements to be complied with by the holder of the permission; and

when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the substance to which the permission relates.

an officer of the Department;

the Administrator of Norfolk Island.

an officer of the Department;

the Administrator of Norfolk Island.

a permission granted under subregulation (2) is subject to a condition to be complied with by a person; and

the person fails to comply with the condition;

then the Secretary may revoke the permission whether or not the person is charged with an offence under subsection 50(4) of the Act in respect of the failure to comply with the condition.

of the Secretary, or an authorised person, under subregulation 5(5), (13), (15), (17) or (18); or

of a prescribed authority under subregulation 5A(1), (9), (11), (16) or (18); or

of the Secretary, or an authorised person, under subregulation 5F(1), (6) or (7); or

of the Secretary, or an authorised person, under subregulation 5G(1) or (5); or

of the Secretary, or an authorised person, under subregulation 5H(2) or (4).

Minister means the Minister administering the Therapeutic Goods Act 1989.

confirm the initial decision; or

revoke the initial decision; or

revoke the initial decision and make a decision in substitution for that decision.

the result of the reconsideration; and

(b) that the applicant may, except where subsection 269(7) of the Administrative Review Tribunal Act 2024 applies, request a statement of reasons for the decision on reconsideration and may, subject to that Act, make an application to the Administrative Review Tribunal for review of that decision.

seek a reconsideration of the decision under this regulation; and

(b) subject to the Administrative Review Tribunal Act 2024, if the person is dissatisfied with the decision upon reconsideration, make an application to the Administrative Review Tribunal for review of that decision.

goods, being certain organochlorine chemicals specified in items 2, 3, 10 and 11 of Schedule 9;

goods, being any chemical or compound that may be derived from an organochlorine chemical so specified and from which such a chemical may be regenerated; and

goods, being any isomer of an organochlorine chemical so specified, or any substance derived from such an isomer and from which such an isomer may be regenerated;

is prohibited unless:

the Minister or an authorised officer has granted a permission in writing to import the goods; and

the permission is produced to a Collector.

goods, being certain organochlorine chemicals specified in items 1, 4, 5, 6, 7, 8, 9, 12 and 13 of Schedule 9; and

goods, being any chemical or compound that may be derived from an organochlorine chemical so specified and from which such a chemical may be regenerated; and

goods, being any isomer of an organochlorine chemical so specified, or any substance derived from such an isomer and from which such an isomer may be regenerated;

is prohibited unless:

(d) if the chemical is an active constituent or a chemical product as defined in the Agricultural and Veterinary Chemicals Code set out in the Schedule to the Agricultural and Veterinary Chemicals Code Act 1994:

(i) a permission to import the chemical has been granted in writing under the Agricultural and Veterinary Chemicals (Administration) Regulations 1995; and

the permission is produced to a Collector; or

in any other case:

the Minister or an authorised officer has granted a permission in writing to import the goods; and

the permission is produced to a Collector.

in writing; and

lodged with an authorised officer.

a permission granted under subregulation (2), (2A) or (4) is subject to a condition or requirement to be complied with by a person; and

the person fails to comply with the condition or requirement;

the Minister may revoke the permission whether or not the person is charged with an offence under subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement.

an APS employee in the Foreign Department, authorised in writing by the Foreign Minister to give permission to import prescribed goods into Australia for the purpose of this regulation; or

a person holding a statutory office established under legislation administered by the Foreign Minister, authorised in writing by the Foreign Minister to give permission to import prescribed goods into Australia for the purpose of this regulation.

CAS number, for a chemical compound, means the Chemical Abstracts Service number, which is the registry number:

assigned to the compound by the Chemical Abstracts Service, Columbus, Ohio, United States of America; and

(b) published by the Service in the journal Chemical Abstracts.

Chemical Weapons Convention means the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, opened for signature in Paris on 13 January 1993.

Prescribed goods means goods containing any of the following chemical compounds:

a chemical compound mentioned in column 2 of an item in Part 2, 3 or 4 of Schedule 11;

a chemical compound belonging to a group of compounds mentioned in column 2 of an item in Part 2, 3 or 4 of Schedule 11.

Notes

The Chemical Abstracts Service number of a chemical compound mentioned in column 2 of an item is shown in column 3 of the item.

For chemical compounds mentioned by type in column 2 of an item in Part 2 of Schedule 11, Chemical Abstracts Service numbers for compounds comprising the type are not mentioned in column 3.

the Foreign Minister or an authorised person has given permission in writing to import the goods; and

the permission is produced to the Collector.

(2AA) The importation into Australia of prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 4 of Schedule 11 is prohibited unless:

the Foreign Minister or an authorised person has given permission in writing to import the goods; and

the permission is produced to a Collector.

(2AB) A permission under paragraph (2A)(a) for prescribed goods containing a chemical compound, or a chemical compound belonging to a group of compounds, mentioned in Part 3 of Schedule 11, or under paragraph (2AA)(a):

may be given for the importation of more than 1 shipment; and

remains in force for the period specified in the permission, which may be no more than 1 year from the day the permission is given.

(2AC) However, subregulations (2), (2A) and (2AA) do not apply to prescribed goods that contain a chemical compound mentioned in Part 3 (except item 1, 2 or 3) or 4 of Schedule 11, or a chemical compound belonging to a group of compounds mentioned in Part 3 (except item 1, 2 or 3) or 4 of Schedule 11, if:

the chemical compound is less than 10%, by weight, of the goods; and

there is no other chemical compound, or chemical compound belonging to a group of compounds, mentioned in Part 2, 3 or 4 of Schedule 11 in the goods.

there is not more than 5 milligrams of saxitoxin in the goods; and

the goods are to be used for medical or diagnostic purposes only; and

the goods do not contain any other chemical compound, or chemical compound belonging to a group of compounds, mentioned in column 2 of an item in Part 2 of Schedule 11.

the analysis of chemical samples on behalf of the Organisation for the Prohibition of Chemical Weapons established under the Chemical Weapons Convention, if those samples have been sent from or on behalf of that Organisation;

proficiency testing in relation to the analysis of chemical samples as described in paragraph (a).

the authorised person must refer the application to the Foreign Minister; and

the Foreign Minister may give, or refuse to give, the permission.

include conditions or requirements to be complied with by the holder of the permission; and

set a time (being a time before or after the importation of the goods to which the permission relates) at or before which a condition or requirement must be complied with by the holder.

it is subject to a condition or requirement; and

the holder fails to comply with the condition or requirement (whether or not the person is charged with an offence against subsection 50(4) of the Act in respect of the failure to comply with the condition or requirement).

a scheduled substance (within the meaning of the OPSGGM Act);

equipment that contains such a substance;

equipment that uses such a substance in its operation, if the equipment or the substance (or both) is prescribed by regulations made for the purposes of paragraph 13AA(5)(d) of the OPSGGM Act.

Exception

none of subsections 13AA(1), (3) and (5) of the OPSGGM Act are contravened in relation to the importation; and

if the importation is allowed by a licence granted under section 16 of that Act:

the licence, or a copy of the licence, is produced to a Collector; and

in the case of a substance imported in a non-refillable container—the conditions (if any) prescribed by regulations made for the purposes of item 7 of the table in subsection 18(1) of that Act in relation to the container and the import are satisfied.

section 12B of that Act (importation of CFCs, halons, HCFCs, HFCs and PFCs for use on board ships or aircraft); and

for the importation of a substance—subsection 13AA(2) of that Act; and

for the importation of equipment containing a substance—subsections 13AA(4), (6), (7), (8) and (9) of that Act; and

for the importation of equipment that uses a substance in its operation—subsections 13AA(6), (7), (8) and (9) of that Act.

References to substances and equipment

the Minister or an authorised person has granted permission in writing; and

the permission is produced to a Collector at or before the time of importation.

not to grant a permission; or

to grant a permission specifying a condition or requirement; or

to revoke a permission.

(a) subject to the Administrative Review Tribunal Act 2024, a person affected by the decision may make an application to the Administrative Review Tribunal for review of the decision; and

a person whose interests are affected by the decision may request a statement of reasons for the decision under section 268 of that Act.

the Work Health and Safety Minister or an authorised person has granted permission in writing, and a copy of the permission is produced to a Collector on request at or before the time of importation; or

(b) Comcare has confirmed in writing that the proposed use of the goods is for a purpose mentioned in paragraph (3)(a) and is permitted under the Work Health and Safety Act 2011 (Cth), and a copy of the confirmation is produced to a Collector on request at or before the time of importation; or

all of the following apply:

an authority of a State or Territory has confirmed in writing that the proposed use of the goods is for a purpose mentioned in paragraph (3)(a);

the authority is an authority of the State or Territory in which the goods are to be used for that purpose;

a copy of the confirmation is produced to a Collector on request at or before the time of importation; or

(d) the importation is of a kind of benchtops, panels or slabs that is the subject of an exemption granted under subregulation 684(1) or 689A(1) of the Work Health and Safety Regulations 2011, or a corresponding WHS law, and a copy of the exemption is produced to a Collector on request at or before the time of the importation.

the importation is for either or both of the following purposes:

for genuine research and analysis;

to sample and identify engineered stone; or

there are exceptional circumstances that justify the importation.

the Chief Executive Officer of the Asbestos and Silica Safety and Eradication Agency; or

a person who holds, or is acting in, a position in the Department that is equivalent to or higher than a position occupied by an SES employee.

an application for permission for or consent to the importation of an article or goods made on or after the commencement of the amending regulation; and

the importation of an article, or goods, on or after the commencement of the amending regulation, subject to subregulation (3).

granted under subregulation 4C(2); and

(b) in force immediately before the commencement of the Customs Legislation Amendment (Asbestos) Regulations 2019 (the amending regulations);

continues in force (and may be dealt with) as if it had been granted under that subregulation as amended by the amending regulations.

provided in accordance with paragraph 4C(3)(b); and

in force immediately before the commencement of the amending regulations;

continues in force (and may be dealt with) as if it were a confirmation for the purposes of paragraph 4C(1)(ba) as amended by the amending regulations.

specified in item 15 of the table in Schedule 2 as in force immediately before that commencement; and

covered by a permission:

granted under subregulation 4(1) or (1AB); and

in force immediately before that commencement; and

imported into Australia on or after that commencement;

as if the conditions, restrictions or requirements specified in that table item in Schedule 3 were complied with for the goods.

for a permission under subregulation 4(1) or (1AB) to import goods mentioned in paragraph (2)(a); and

that is made before the commencement of this regulation; and

that has not been finally dealt with before that commencement;

lapses on that commencement.

any application for permission to import goods into Australia made at or after the commencement of that Part; and

any application for permission to import goods into Australia made before that commencement that has not been finally decided; and

any documentation given at or after that commencement to facilitate the importation of goods into Australia; and

any documentation given before that commencement to facilitate the importation of goods into Australia, where the goods are imported into Australia on or after that commencement.

any application for permission to import goods into Australia made at or after the commencement of that Part; and

any application for permission to import goods into Australia made before that commencement that has not been finally decided; and

any documentation given at or after that commencement to facilitate the importation of goods into Australia; and

any documentation given before that commencement to facilitate the importation of goods into Australia, where the goods are imported into Australia on or after that commencement.

any documentation given at or after the commencement of that Part to facilitate the importation of goods into Australia; and

any documentation given before that commencement to facilitate the importation of goods into Australia, where the goods are imported into Australia on or after that commencement.

was made under subsection 4A(1) of the Act; and

was in force immediately before the commencement time; and

approved the approved form mentioned in the provision of the old regulations mentioned in column 1 of an item of the following table;

continues in force (and may be dealt with) on and after the commencement time as if it had been made under the provision of the new regulations mentioned in column 2 of the item.

The Schedules