62-2018 - No import permit, goods will be exported

19 June 2018

Who does this notice affect?

Importers of goods requiring an import permit, and agents acting on behalf of importers.

What has changed?

This is a reissue of advice previously issued in Industry Advice Notice 33/2018 on 3 April 2018.

The department will not facilitate the clearance of goods that require an import permit under Biosecurity legislation, as stipulated in the Biosecurity Import Conditions (BICON) system, where those goods arrive in Australian territory without a valid import permit.

Goods that require a permit, but arrive without one, will be directed for export or required to be destroyed in an approved manner, at the importer’s expense.

Why are permits required?

The import permit assessment and approval process, as set out in the Biosecurity Act 2015 (the Act), provides the department with control over the import of certain biosecurity risk goods through the application of conditions based on technical, scientific, administrative requirements, and the fitness and propriety of the importer and their associates.

Conditionally non-prohibited goods must not be brought or imported into Australian territory, unless the specified conditions are complied with, including holding a valid import permit if required.

The Act does not provide for permits to be issued after the goods have been brought into Australian territory, and to do so is a criminal offence with a penalty of 5 years imprisonment or 300 penalty units, or both.

The penalty for this offence is 10 years imprisonment and/or 2,000 penalty units if a person obtains a commercial advantage over their competitors or potential competitors. Contravening the Act can also make a person liable to a civil penalty of up to 120 penalty units.

Further information

Check if your goods require an import permit by accessing the Biosecurity Import Conditions (BICON) system.

If you have goods in transit that may arrive without an import permit contact Imports to discuss your options.

Last reviewed: 4 November 2019
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