Search

19 Importation into Australia of new and used road motor vehicles is controlled under the Motor Vehicle Standards Act 1989 (MVSA) and the Motor Vehicle Standards Regulations 1989 and Determinations. Anticipated to commence by 1 July 2021, the Road Vehicle Standards Act 2018 and the Road Vehicle Standards Rules 2019 and Determinations will control the future importation into Australia and provision of new and used road motor vehicles. Importation of new and used vehicles that do not meet relevant ADRs is restricted and subject to controls to ensure that Australian safety and environmental standards are not compromised.

22 The importation of certain organochlorine chemicals as listed in Schedule 1 of the Agricultural and Veterinary Chemicals (Administration) Regulations 1995 and Schedule 9 of the Customs (Prohibited Imports) Regulations 1956 is prohibited unless written permission, either from the Minister responsible for the Commonwealth Department of Agriculture and Water Resources or an authorized officer, is provided to the Australian Border Force at the time of importation.

23 Ozone Protection and Synthetic Greenhouse Gas Management Act 1989: The import, export and manufacture of the ozone depleting substances - chlorofluorocarbons, halons, carbon tetrachloride, methyl chloroform, bromochloromethane and methyl bromide (for non quarantine and pre-shipment use) is prohibited under the Montreal Protocol except where an essential or critical use exemption has been granted by the parties to the Montreal Protocol. The phase out of ozone depleting hydrochlorofluorocarbons (HCFCs) under the Montreal Protocol is almost complete. Control measures for HFCs under the Kigali Agreement to the Montreal Protocol commenced on 1 January 2019 to phase-down the production and import of HFCs.

25 The importation of radioactive substances and goods containing radioactive substances is prohibited under the provisions of the Customs Act 1901 and Customs (Prohibited Imports) Regulations 1956 (PI Regulations) unless the permission in writing is granted by the Australian Minister for Health, the CEO of the Australian Radiation Protection and Nuclear Safety Agency (ARPANSA) appointed in writing by the Minister, or an Australian Public Service employee assisting the CEO appointed in writing by the Minister as an authorised officer, and presented to the Australian Border Force at the time of importation. In order for a permit to be considered, the entity taking possession of the sources, including the recipient/s, must be hold a valid and current radiation licence to possess, sell or store radioactive substance, where required. The Radiation Licence is obtained from the relevant Commonwealth, state or territory radiation regulatory control authority where required.

5. Nuclear Safety and Control Act (S.C., 1997, c.9) - comprehensive regulatory control system for the import, export, transfer, possession and use of nuclear substances, prescribed equipment and prescribed information (technology) . Under this system, any person proposing to conduct these activities in Canada must do so only in accordance with a license. The Commission may not issue a license unless it is satisfied that the applicant is qualified to conduct the activity to be authorized, and that the applicant will make adequate provision for the protection of the environment , the health and safety of persons, and the maintenance of national security and measures required to implement international obligations to which Canada has agreed.

6. The National Energy Board Act (the NEB Act) was repealed and replaced with the Canadian Energy Regulator Act (the CER Act). The Canadian Energy Regulator Act and the National Energy Board Act Part VI (Oil and Gas) Regulations (Part VI Regulations) made under the predecessor NEB Act control imports of natural gas, whether in gaseous or liquid state, by pipeline, railway tank cars and tank trucks or tankers. Imports are authorized by both licences and orders. Licences are issued for long-term imports while orders are used in the case of long-term small volume imports, emergency imports or and short-term large volume imports.

The [main] purpose of licensing is to ensure that long-term imports of gas are in the public interest. However, an application for a licence may be refused for failure to meet criteria set out in the Part VI Regulations, which include, inter alia: environmental requirements.

9 Health of Animals Act - the importation of live terrestrial and aquatic animals, animal and aquatic animal products, animal by-products, aquatic animal carcases, animal pathogens, and other things (such as used equipment) may be imported under certain conditions. Imports are permitted from countries that have negotiated export market access with Canada and comply with the negotiated animal health conditions. The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)-listed species which require an additional permit from Environment Canada; Other federal domestic requirements for introduction of aquatic animals into natural waters under Fisheries and Oceans Canada.

11 The Wild Animal and Plant Trade Regulations (WAPTR) is established under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA). It serves for the implementation of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). WAPTR contains three Schedules; two of these Schedules (Schedule I and II) list species that are subject to licensing requirements. Schedule I lists species that are listed in one of the three Appendices to the CITES. Schedule II of WAPTR lists species which may be harmful to Canadian ecosystems if ever released into the wild. Schedule III of WAPTR lists species which are recognized as endangered or threatened in Canada. The trade controls under WAPTR apply to live specimens as well as parts and derivative products.

Currently, import licenses in China apply to ozone depleting substances and certain used machinery. Ozone depleting substances are subject to restriction based on China’s obligation under the Montreal Protocol on Substances that Deplete the Ozone Layer, and certain used machinery is subject to import licenses for the purposes of serving social interests, protecting the environment and consumer health and security (2017).

Currently, import licenses in China apply to ozone depleting substances and certain used machinery. Ozone depleting substances are subject to restriction based on China’s obligation under the Montreal Protocol on Substances that Deplete the Ozone Layer, and certain used machinery is subject to import licenses for the purposes of serving social interests, protecting the environment and consumer health and security (2018).