Import Conditions

Case: Ship or aircraft stores for transhipment Effective 19 Oct 2021 to 24 Nov 2021

1. The department acknowledges that transhipped goods require control measures to be in place to ensure any biosecurity risk is contained, whilst allowing movement of goods to occur.

   For this reason, transhipped ship’s stores intended for use on international cruise and/or commercial vessels may be transhipped using alternative conditions to those used for commodities when imported into Australian territory.

   These conditions are outlined in this case and will be detailed on the import permit (where applicable).

Warnings and Information Notices


Definitions


The Australian Customs and Border Protection Service (ACBPS) definition of transhipment is “the transfer of goods without payment of duty and taxes from the importing ship or aircraft to another ship or aircraft engaged in international travel for the purpose of shipment overseas”. The goods do not pass out of customs control from importation until exportation from Australian territory. 


Transhipped ship’s stores are defined by the department and ACBPS as “stores for the use of passengers or crew of a vessel.”


In the context of these conditions, both definitions apply to the commodities and the process of transhipping ships’ stores in relation to the application of biosecurity controls.


2. Categories

   For the purpose of these conditions, transhipped ship’s stores are defined into three categories as listed below. Each category has been determined by the department, after assessment of the potential biosecurity risk of the goods in that category. Each category is subject to specific requirements for transhipment of goods to address the biosecurity risks associated with goods in that category.

   Category 1: Goods assessed as nil biosecurity risk

   1. Transhipped goods that have been assessed by the department as goods that do not present a biosecurity risk. Examples of these goods are perfume, jewellery and alcohol etc.
      

   2. These goods may be subject to visual assessment or random inspection on arrival by biosecurity officers.
      

   3. Category 1 goods do not require a valid import permit to allow transhipment to occur.
      

   Category 2: Goods assessed as low biosecurity risk

   1. Transhipped goods that have been assessed by the department as presenting a low biosecurity risk.
      

   2. This category includes goods that would normally be permitted to be imported into Australian territory without an import permit and are subject to inspection on arrival.
      

   3. Information on the types of goods in this category can be located on the department’s website.
      

   4. If requested, category 2 goods carried in full container load (FCL/X) containers or unit loading devices (ULDs) are eligible for deconsolidation.
      

   5. Category 2 goods carried in FCL/X containers or ULDs for which deconsolidation has not been requested, will be processed as per the conditions outlined for category 3 goods.
      

   6. Category 2 goods arriving as less than a container load (LCL) sea freight, or as airfreight, are subject to inspection on arrival.
      

   7. Category 2 goods must be accompanied by a valid import permit to allow transhipment to occur.
      

   Category 3: Goods assessed as high risk or not conditionally non-prohibited

   1. Transhipped goods that have been assessed by the department as:
      1.1. goods that are of a class must not be brought into Australian territory unless specified conditions are complied with. This includes, but is not limited to, unprocessed meat products (including seafood), dairy products, egg products and fresh plant material such as fruit and vegetables.
      1.2. goods that present a high biosecurity risk and would require import permits with specific conditions, if they were to be imported into Australian territory e.g. straw articles.
      1.3. Category 2 goods where deconsolidation has not been requested.
      

   2. Deconsolidation of category 3 goods, whilst in Australian territory, is unacceptable (unless given specific approval to do so).
      

   3. Category 3 goods carried in FCL/X containers or ULDs must remain ‘seals intact’.
      

   4. Category 3 goods arriving as LCL cargo or airfreight must be stored in a secure manner (as advised by the department) until they are transported (in a secure manner) and loaded onto an outgoing vessel as ship’s stores, under direct supervision of biosecurity officers.
      

   5. Category 3 goods must be accompanied by a valid import permit to allow transhipment to occur.
      

3. Prior to the importation of goods into Australian territory, a valid import permit issued by the Department of Agriculture, Water and the Environment is required.

   An import permit may be obtained by submitting an import permit application to the department (use the 'Apply Now' button at the bottom of this page).

   If the import conditions cannot be met then a permit application for a non-standard commodity will be required. Note: additional information (e.g. product names, approved arrangement sites) will not be considered during permit assessment or included in the standard permit conditions.

Warnings and Information Notices


Important reminder to importers


Goods that require a valid import permit, but arrive without one, including where an import permit application is currently under consideration, will be directed for export from Australian territory or required to be destroyed in an approved manner.


4. For the purpose of these conditions, a valid import permit refers to an import permit issued by the department allowing goods in categories 2 and 3 to be transhipped as ship’s stores.

   All consignments assessed by the department as containing goods in categories 2 and 3 must be accompanied by a valid import permit, or by a means to allow the identification of the import permit (such as quoting the import permit number).

   Import permits will permit the importation of ship stores for transhipment under prescribed conditions, and will be valid for 12 months.

   If consignments of category 2 and 3 ship’s stores are imported without a valid import permit (i.e. expired or is not issued for the goods being transhipped), the consignment will be held at the wharf, CTO, premises registered under section 77G of the Customs Act 1901 or suitable approved arrangement site, and remain seals intact until the issue is addressed.

5. AIMS entry

   A manual AIMS entry must be created for each consignment irrespective of the category of goods being transhipped.
   Biosecurity officers may group consignments onto the one entry provided the goods are imported on the same incoming vessel and transhipped onto the same outgoing vessel.

6. Manifests

   When a cargo report is submitted to the Department of Home Affairs showing that the cargo has an Australian discharge port, but the destination port is not an Australian port, the Integrated Cargo System (ICS) recognises that ultimately the cargo is destined for a place outside Australian territory. ICS assigns ‘transhipment’ status to the cargo report.

   It is important that consignments are accurately described in ICS, and detailed commodity descriptions (manifests) must be provided to ensure consignments are accurately referred and processed. Information in relation to the actual description of the goods and the category of risk they pose is required. This will avoid delays in cargo documentary processing.

7. A manifest must be provided so that the goods are able to be categorised accurately.
   

   To demonstrate compliance with this requirement you must present the following on a Packing list:

   The contents of each container/ULD in the consignment.
   

   This information can be sent as an attachment to the notification document.
   

8. Notification

   Prior to arrival in Australian territory, the transhipper (person in control of the transhipped goods), freight forwarder, custom broker or agent must notify the department of the impending arrival. This notification can be provided either electronically or manually. A ships stores lodgement cover sheet is to be completed and sent to the department.

   The following information must be provided to the department:

   1. Valid import permit, either by quoting the import permit number or attaching a copy of a valid import permit.
      

   2. Australian port of discharge and estimated date of arrival
      

   3. vessel/aircraft identification number.
      

   4. container/ULD numbers and associated ocean /air bills of lading
      

   5. documentation acceptable for the biosecurity barrier clearance of goods for importation into Australian territory. For instance packing/cleanliness declarations as required by the department’s 'Non-Commodity Information Requirements Policy' (e.g. if applicable to category 1 goods or if deconsolidation of goods has been requested)
      Note: when all timber used as packaging is to be loaded onto the cruise vessel with the goods, a treatment certificate will not be required.
      

   6. the location of the wharf, CTO or registered approved arrangement (AA) site 77G customs facility within the metropolitan area of the port of arrival where the consignment is to be stored
      

   7. if goods are to be deconsolidated, the location of the registered , and the expected date for deconsolidation and inspection by biosecurity officers
      

   8. the estimated date and time the consignment is scheduled to be transferred from the wharf, CTO, registered 77G customs facility or AA site to the export vessel
      

   9. the location and scheduled date for unpack and loading onto the export vessel.
      

9. The transhipper, freight forwarder, customs broker or agent must provide a statement that the goods are not intended for use in Australian territory.
   

   To demonstrate compliance with this requirement you must present the following on a Declaration:

   “The goods in the consignment will not be for consumption, distribution or sale within Australian territory.”
   

   This information can be sent as an attachment to the notification document.
   

10. Documentary assessment outcome(s)

    1. Biosecurity officers assess the documentation provided by transhippers, freight forwarders, customs brokers or agents to categorise the goods and determine which of the risk mitigation options is applicable (see below).
       

    2. Biosecurity officers will determine and assign appropriate fees for the risk mitigation options that are applicable for the category of goods being transhipped.
       

    3. A flow chart has been developed to explain the risk mitigation options.
       

    4. If consignments/goods are not accurately described, or if the consignments/goods are not able to be correctly assessed, they will be automatically subject to the import conditions as detailed for category 3 transhipped goods.
       

    5. Any consignments containing “mixed categories” will be treated in accordance with the conditions applicable to the highest category in the container/ULD/consolidation device e.g. pallet, etc.
       

11. Risk mitigation options

    All consignments of transhipped ship’s stores must be exported from a wharf in the metropolitan area, normally a port area, where the consignment originally arrived.

    Option 1: Consignment contains category 1 transhipped goods

    1. An assessment will be undertaken and the AIMS entries will be processed. Electronic releases may be applied. Entry processing fees will apply.
    2. Subject to a favourable outcome from 1. above, consignments can be released from biosecurity control, pending export from Australian territory as ship’s stores.
    3. Where information provided does not accurately describe goods or an accurate assessment of risk cannot be performed, the goods will be directed for a verification inspection. Inspection fees will apply.
    4. On a random basis, consignments will be directed for inspection by a biosecurity officer to verify goods pose nil biosecurity risk. Inspection fees will apply.
    5. Specific transport requirements do not apply for the movement of category 1 goods.

    Option 2: Consignment contains category 2 goods

    1. Consignments of goods assessed as category 2 can be transhipped in FCL/X containers, as LCL sea freight consignments, ULDs, or as loose cargo on skids or pallets, or as airfreight consignments.
    2. Departmental service fees will apply for entry processing and inspections.
    3. A deconsolidation option exists for category 2 goods.
    4. If consignments contain goods other than category 1 and 2 goods, then deconsolidation of consignments will not be permitted. These consignments will be processed as per category 3 transhipment consignments.
    5. If deconsolidation has not been requested prior to export, and goods are transhipped in FCL/X containers, ULDs or other units that are fully sealed or able to be made secure, then goods can be moved to, and secured seals intact at, a registered 77G customs facility, CTO or on the wharf. Goods must be moved and processed as per option 3/category 3 requirements.
    6. If deconsolidation and inspection has been requested prior to export:
       
       6.1. The goods must be moved to a registered approved arrangement (AA) site for unpack and inspection by biosecurity officers. The AA site must be registered for the type of goods that are being deconsolidated and inspected.
       
       6.2. The inspection is to ensure goods are free from biosecurity concerns, or that any immediate or potential biosecurity risks that may be present are mitigated or contained. This inspection process will verify suitable security measures have been put in place and then allow the goods to be returned from the AA site to the registered 77G customs facility, and secured pending export from Australian territory as ship’s stores.
       
       6.3. Goods must be returned to the registered 77G customs facility as they are ‘bonded’ goods and remain under customs control until time of export. In this case, the registered 77G customs facility does not need to be registered as an AA site. 
       
       6.4. Pallets of goods are to remain as a whole unit as unloaded. Deconsolidation of pallets is only to occur if a biosecurity risk is present and warrants deconsolidation to address the risk.
       
       6.5. Category 2 goods that have been deconsolidated and inspected can be moved to the wharf in secure FCL/X or ULD units, or other secure transport methods such as taut-liner trucks or vans.
       
       6.6. Proof of delivery (POD) documents confirming that all pallets have been transported to the wharf for export must be sent to the department to finalise the AIMS entry.
       
       6.7 Mandatory treatment of goods is not required if there is no evidence of immediate or potential biosecurity risk present as determined by the department. As the intended end use is for export from Australian territory, mandatory import treatments are not applicable, as long as the goods and risk can be managed.
       
       6.8 If a biosecurity risk cannot be contained, poses an immediate threat, or is considered unacceptably high by the department, risk mitigation measures must be immediately put in place to adequately address the risk. If this cannot be achieved, the consignment must be immediately exported from Australian territory as cargo, not ship’s stores, or disposed of using a method approved by the department.

    Option 3: Consignment contains category 3 goods

    1. Consignments of goods assessed as category 3 may only be transhipped in securely sealed full container loads (FCL’s) or sealed and secure ULD or airfreight containers.
    2. Category 3 goods must be transported in manner that is secure, and are able to be secured ‘seals intact’, until they are exported as ship’s stores, under direct supervision by biosecurity officers.
    3. Departmental service fees will apply for entry processing and inspections.
    4. As per customs requirements, consignments will be directed to be secured seals intact at the wharf, CTO or a registered 77G customs facility. Biosecurity movement directions are not required for this initial movement.
    5. For airfreight consignments of category 3 goods, a verification inspection on arrival at the CTO facility must be conducted by a biosecurity officer, to ensure goods are contained intact, or can be contained securely, prior to movement to the vessel, to be loaded as transhipped ship’s stores.
    6. Deconsolidation of goods that are assessed as category 3 goods will not be permitted, unless specific approval from the department has been granted, on a case by case basis. Import conditions for this scenario are out of scope for these conditions.
    7. Consignments of category 3 goods will be directed from the wharf, CTO or registered 77G customs facility for movement to the export wharf for loading on to the export vessel.
    8. For category 3 goods moved in sealed FCL/X or secure ULD units, seals must be applied after inspection, prior to movement to the wharf for export.
    9. Palletised or loose loaded category 3 goods may be moved in transport vehicles that have been approved by the department as suitable for the secure movement of transhipped goods. For these vehicles to be approved they must be fully enclosed and must be able to be sealed using tyden or plastic/metal strip seals. Seals must be applied after inspection, prior to movement to the wharf for export.
    10. The consignment will be directed for export as ship’s stores.
    11. Unpacking of goods from transport or containers and loading onto the export vessel will be conducted under direct biosecurity officer supervision.
        Note: Any proposed variation to the movement, storage, etc must have prior approval from the department’s regional office. Any unplanned variations (including theft, fire or damage) must be reported to the regional office immediately.

12. Transhipment requests to move goods intrastate and/or interstate by the method of land bridging (transported either by road or rail), or by airfreight, may be considered by the Regional Cargo Manager in the port of arrival of the transhipment, prior to movement. Requests will be considered on a case by case basis and only where exceptional circumstances apply. Notification of a request, including the reason for the exceptional circumstance, must be sent to staff in the Department of Agriculture, Water and the Environment regional office where the transhipment will first port. The ships stores lodgement cover sheet can be used for notification purposes. Please indicate on the cover sheet that the request is for under bond movement.

    Note: If movement is by sea or airfreight, the department must be notified prior to movement. An AIMS direction is required to allow movement to occur. The same secure transport arrangements as noted above, apply to under bond movements.

13. Further information may be obtained from the Sea Cargo section in Canberra at airandseacargo@awe.gov.au.

    For customs information on the transhipment reporting requirements and responsibilities for owners, cargo reporters, depot operators, cargo terminal operators (CTOs), and freight forwarders, refer to customs’ reporting requirements for the movement of transhipment cargo on the customs website.

14. Under the Biosecurity Charges Imposition (General) Regulation 2016 and Chapter 9, Part 2 of the Biosecurity Regulation 2016, fees are payable to the Department of Agriculture, Water and the Environment for all services. Detail on how the department applies fees and levies may be found in the Charging guidelines.

15. In addition to the conditions for the goods being imported, non-commodity concerns must be assessed including container cleanliness, packaging and destination concerns, and may be subject to inspection and treatment on arrival. Please refer to the Non-Commodity Cargo Clearance BICON case for further information.

16. Seasonal measures apply to certain goods manufactured in, or shipped from target risk countries as sea cargo, to manage the risk of Brown marmorated stink bug (BMSB) contamination. These goods must meet import requirements if they are shipped between 1 September 2021 and 30 April 2022 (inclusive), and arriving in Australian Territory by 31 May 2022. These measures are in addition to existing import conditions that may also apply to the commodity risk of the goods. Please refer to the Brown marmorated stink bug (BMSB) hitchhiker pests BICON case for those specific import conditions.