I’m Importing Goods Into Australia. What Regulations Apply?

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Table of Contents

• Duties and Other Charges
• Additional Charges
• Prohibited Goods
• Labelling
• Intellectual Property
• Australian Trusted Trader
• Key Takeaways
• Frequently Asked Questions

If you are an Australian business owner and you are considering importing goods into Australia, there are certain regulations you should be aware of. The Australian Border Force is the main body that controls the importation of goods into Australia. While there is no overall licence you require to import goods into Australia, you may need a permit or follow certain requirements to import specific goods into Australia. This article will explore:

• the duties and charges that may be due and payable;
• what goods are prohibited goods;
• what goods require permission or have certain restrictions on importation;
• the seizure of intellectual property that has been imported; and
• becoming an Australian trusted trader.

Duties and Other Charges

There are a range of duties and charges when you are importing into Australia that you must consider.

Additional Charges

Other charges, including import processing charges and dumping and countervailing duties, may also be payable on the goods.

If you export the goods, you may be entitled to a refund (also known as a duty drawback). This is only if the goods you have exported are unused since importation or on the contrary are treated, processed, or incorporated into other goods for export.

Prohibited Goods

There are some goods that you are prohibited from importing into Australia.

Labelling

Some goods require a label with a trade description before you can import them into Australia. However, this is not a requirement for all goods. Indeed, authorities may seize goods at the border if they require labelling and the goods are not labelled. This is especially relevant when the goods have a false or misleading trade description. For example, goods that require labels include:

• food;
• electrical appliances;
• toys; and
• cigars and cigarettes.

Here, a trade description is any description of the goods. 

As such, a false trade description can be any description that is false or likely to mislead. For example, this could include things like false details of the size, weight, quality and quantity of the goods. Furthermore, it could also include if the information is omitted from the trade description.

Intellectual Property

Authorities can seize some goods at the border if they infringe on trade mark, copyright or olympic expression relating to major sporting events. However, the party that is the owner of the intellectual property, for example, a trademark owner of a particular logo, will need to lodge a ‘notice of objection’. This is a legal document that allows the Australian Border Force to seize the goods if they infringe on the specific trade mark.

For example, suppose you import counterfeit or pirated goods into Australia, and the original owner of the intellectual property in those goods has lodged a notice of objection. In that case, the goods may be seized.

Australian Trusted Trader

If you are importing goods regularly, you could consider becoming accredited as an Australian trusted trader. Indeed, there are specific requirements to meet to become an Australian trusted trader, which includes:

• having been active in the international supply chain for at least two years;
• being financially solvent; and
• having an Australian Business Number (ABN).

Becoming a trusted trader is free and accredits your business with compliant trade practices and a secure supply chain. Furthermore, once you become a trusted trader, you will have access to a range of benefits to simplify the customs process.

Key Takeaways

When importing goods into Australia, it is imperative to be aware of regulations and rules so you can import your goods safely into Australia. Indeed, there could be duties or other charges payable on your goods that you will want to know prior to importing the goods. Furthermore, certain goods require a permit or require you to follow certain requirements, and other goods are prohibited absolutely. If you are importing goods regularly, you may also want to consider becoming accredited as an Australian trusted trader. 

If you need help importing goods into Australia get in touch today for advice get in touch with LegalVision’s Regulatory and Compliance lawyers on 1300 544 755 or fill out the form below.

Frequently Asked Questions