The Department of Agriculture and Water Resources has said that it 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.
The import permit assessment and approval process, as set out in the Biosecurity Act 2015 (the Act), provides DAWR 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.
You can check if your goods require an import permit by accessing the BICON system or, better still, give us a call here at Colless Young. If you have goods in transit that may arrive without an import permit contact us to discuss your options.
