What Importers Should Know About Controlled Substances
All importers are required to answer the following question when importing goods into Australia:
Does the import contain a controlled substance or equipment designed to use a controlled substance?
While this seems like a simple enough question to answer, it’s not uncommon for importers to be caught out. They may be completely unaware that their cargo does contain a controlled substance or equipment designed to use a controlled substance.
As customs brokers, it’s important that we understand whether your import contains a controlled substance before clearing your cargo. That’s why we ask a series of questions to ensure your import is not subject to further regulation under the Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 (the Act).
Here is an overview of the regulations relating to the import of controlled substances into Australia and examples of goods which could be subject to further regulation under the Act.
Why are Controlled Substances Subject to Regulation?
The Ozone Protection and Synthetic Greenhouse Gas Management Act 1989 was introduced to control the manufacture, import and export of ozone-depleting substances and the distribution of equipment that contains or uses these substances.
The aim of the legislation is to replace ozone-depleting substances with safer alternatives to reduce the impact on the environment as per Australia’s commitments under the Vienna Convention, the Montreal Protocol and the Kyoto Protocol.
Specific regulations apply to all imports into Australia to ensure controlled substances and equipment that use controlled substances are identified and responsibly managed.
What are controlled substances?
Schedule 1 of the Act designates the substances deemed to be controlled substances and subject to further regulation, including:
● Chlorofluorocarbons (CFCs)
● Hydrofluorocarbons (HFCs)
● Hydrobromofluorocarbon (HBFCs)
● Hydrochlorofluorocarbons (HCFCs)
● Perfluorocarbons (PFCs)
● Halons
● Carbon tetrachloride
● Methyl chloroform
● Methyl bromide
● Bromochloromethane
● Sulfur hexafluoride
What Equipment is Designed to Use a Controlled Substance?
Equipment that uses gas to cool, freeze, heat, propel or control material are often designed to use controlled substances, including:
● refrigerators and freezers of any type including commercial models
● air conditioning or heat pumps
● ice-cream makers
● fire extinguishers
● scientific equipment
● large electrical equipment
● any gas-propelled item including air horns
● motor vehicles
● marine craft (including motorboats or sail craft)
● aircraft
These types of equipment often contain controlled substances or are designed to operate using controlled substances and are subject to the regulations governed by the Act.
Examples of Importing Controlled Substances
It’s not uncommon for importers to be unaware that the goods they are bringing into Australia contain controlled substances. Some of the more common examples include:
● People importing household goods when moving to Australia
● Small-scale imports of regulated equipment (refrigerators and air conditioners)
● Yacht or ship travellers carrying refrigerators, air conditioners and fire extinguishers.
● Importing vehicles or aircraft with refrigerators, air conditioners and fire extinguishers.
● Unusual items of equipment, unusual import circumstances or people unfamiliar with the technical details of the goods.
While you may not be aware of the presence of controlled substances in the goods you’re importing into Australia, you still have a responsibility to answer all questions directed to you by customs brokers honestly. That’s why it’s so important that you understand your role in identifying and declaring controlled substances.
Importers and Controlled Substances
As an importer, you are responsible for knowing if the goods you’re bringing into Australia contain controlled substances or are designed to use a controlled substance. If you’re unsure, it’s always best to contact the supplier or manufacturer for confirmation.
Take note of the following;
● Controlled substances should be listed on the equipment’s compliance plate, manufacturer label or product manual. If you can’t find these details, contact the supplier or the manufacturer.
● Goods may contain gases (or liquified gases) in tanks, cylinders or cans hidden in the internal workings of the equipment. Look for markings, labels or compliance plates to make sure.
● Even if the equipment has had the gas removed, it’s still important to know whether the equipment is designed to run on a controlled substance. In most cases, equipment without any gas will not require an import license.
If you have any questions about controlled substances and your role as an importer, contact PJ’s Customs for more information. You can send an email to logistics@pjscustoms.com.au or give us a call on 1300 395 760 to find out more.