TLIX5048A
Determine import and/or export prohibitions and/or restrictions

This unit involves the skills and knowledge required to apply special permit requirements as part of customs broking activities in accordance with the Customs Act 1901, related legislation and workplace requirements. It includes identifying goods subject to import/export restrictions and/or prohibitions, identifying required permits, assessing permits for compliance; and facilitating the gaining of such permits. Licensing, legislative, regulatory or certification requirements are applicable to this unit.

Application

This unit applies to individuals working as a Customs Broker. Work must be carried out in compliance with the Customs Act 1901 and related legislation, regulations and workplace requirements concerning prohibitions and restrictions.

Work is undertaken in a range of environments including small to large worksites in the Customs Broking Industry.


Prerequisites

Nil


Elements and Performance Criteria

1

Ensure goods comply with import/export restriction and/or prohibition

1.1

Goods subject to prohibitions and/or restrictions are correctly identified

1.2

Type and requirement of prohibition and/or restriction is correctly identified

1.3

Goods and commodities subject to prohibition and/or restriction are assessed for compliance under the relevant restriction/ permit requirement

2

Facilitate gaining of permits

2.1

Implications and expectations of special permits are clearly communicated to clients

2.2

Applications are reviewed at client request to ensure compliance with regulatory requirements and client requirements

2.3

Problems arising with permit applications are identified and addressed in accordance with relevant legislation, regulations and workplace policies and procedures

2.4

Negotiations and discussions are entered into with clients and relevant personnel from permit issuing authorities as needed to facilitate issuing of permits

2.5

Application and permit documentation is lodged in accordance with relevant regulatory and workplace requirements

2.6

Application processing is followed up as required

Required Skills

This section describes the knowledge and skills required for this unit.

Required knowledge:

Australian Dangerous Goods (ADG) Code and relevant wildlife conservation quarantine or other legislative requirements

Australian Radiation Protection and Nuclear Safety Agency

Australian Wine and Brandy Corporation

Biosecurity and other legislation relevant to the application for permits

Commerce (Imports) Regulations 1940

Commerce (Trade Descriptions) Act 1905

Convention on International Trade in Endangered Species (CITES) listings

Copyright Act 1968

Customs Act 1901

Customs (Prohibited Exports) Regulations 1958

Customs (Prohibited Imports) Regulations 1956

Department of Infrastructure and Transport

Department of Sustainability, Environment, Water, Population and Communities

Imported Food Inspection Scheme (IFIS)

National Industrial Chemicals Notification and Assessment Scheme (NICNAS)

Therapeutic Goods Administration

Trade Marks Act 1995

Other relevant national and state/territory regulatory requirements and codes of practice

Problems that may occur when applying for permit requirements and appropriate action that can be taken to resolve the problems

Relevant database systems

Relevant permit procedures and guidelines

Steps involved in planning work activities

Workplace procedures and policies for the application of l permit requirements

Required skills:

Accurately complete documentation related to work activities

Communicate, liaise and negotiate effectively with clients and others when completing work activities

Communicate effectively with a range of stakeholders

Identify, interpret and learn new skills and knowledge required for the implementation of new developments regarding permit requirements

Interpret and follow operational instructions and prioritise work

Plan and organise work activities when applying permit requirements

Read and correctly interpret appropriate Acts and regulations

Read and interpret instructions, procedures and information relevant to restrictions and permit requirements

Select and use relevant sources of information when applying permit requirements

Solve problems that may arise when applying permit requirements

Work systematically with required attention to detail

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required knowledge and skills, the range statement and the assessment guidelines for this Training Package.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

The evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the Elements, Performance Criteria, Required Skills, Required Knowledge and include:

identifying goods, consignors or consignments subject to import and/or export permit and/or restrictions

identifying type of restrictions and /or permits

identifying valid permits

verifying goods/consignments meet requirements of any permit and/or import restriction.

Context of and specific resources for assessment

Performance is demonstrated consistently over time and in a suitable range of contexts.

Resources for assessment include access to:

workplace where mentoring individuals or small groups can be conducted

tools, equipment and personal protective equipment currently used in industry

relevant regulatory and equipment documentation that impacts on work activities

range of relevant exercises, case studies and/or other simulated practical and knowledge assessments

appropriate range of relevant operational situations in the workplace.

In both real and simulated environments, access is required to:

relevant and appropriate materials and equipment, and

applicable documentation including applicable legislation, and regulations.

Method of assessment

Assessment of this unit must be undertaken by a registered training organisation.

Practical assessment must occur:

through activities in an appropriately simulated environment at the registered training organisation, and/or

in an appropriate range of situations in the workplace.

A range of assessment methods should be used to assess practical skills and knowledge.

As a minimum, assessment of knowledge must be conducted through:

appropriate written and oral tests

knowledge and performance questions.


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance.

Restricted/prohibited goods/commodities subject to biosecurity and wildlife conservation regulations or other regulatory and/or permit requirements may include:

commodities containing ozone-depleting substances

dangerous goods, explosives, firearms and ammunition

flora and fauna

goods and materials that may be used to construct explosives or weapons of mass destruction (WMD)

hazardous waste

heritage and cultural items

horticultural and agricultural products

imported foods

industrial chemicals

plant, fish and animal products

therapeutic goods and complementary medicines

vessels and vehicles

wines and spirits

other commodities subject to Australian and overseas government regulations and requiring special permits

Information on relevant aspects of permit requirements may include:

quarantine permit requirements such as:

animal quarantine

approved providers

cargo clearance

conversion quantities

foods containing specified ingredients

origin

plant and animal exports

plant quarantine

pests and diseases

quarantine treatment

treatments undertaken

wildlife conservation requirements such as:

acquittals and specimen export records (SER)

export/import regulations

international treaties for wildlife conservation

special permit validation for exports

wildlife conservation

other special permit requirements such as:

commodities containing ozone-depleting substances

dangerous goods, explosives, firearms, ammunition; chemical, biological and radioactive weapons materials and components; other prohibited imports and exports

hazardous waste

heritage and cultural items

imported food program and permit regulations

prescribed amounts of cash

requirements for Therapeutic Goods Administration permits (TGA)

Agencies from which permits may be obtained may include:

Australian Customs and Border Protection Service

Australian Federal Police

Australian Wine and Brandy Corporation

Attorney-General’s Department

Department of Agriculture, Fisheries and Forestry

Department of Defence

Department of Foreign Affairs and Trade

Department of Health and Ageing

Department of Infrastructure, Transport and Regional Development and Local Government

Department of Innovation, Industry, Science, Training and Research

Department of Sustainability, Environment, Water, Population and Communities

Department of the Prime Minister and Cabinet

Health Insurance Commission

Therapeutic Goods Administration

Wheat Exports Australia

Checks made during an assessment of a permit or restriction assessment may include:

accuracy checks

checks for missing information

checks for unfulfilled requirements

checks for whether or not supplementary documents are required

Workplace procedures may include:

quality procedures

Communication in the work area may include:

electronic data interchange (EDI)

email

internet

oral, aural or signed communications

phone

Consultative processes may involve:

client

management

other employees and supervisors

regulatory authorities

Documentation and records may include:

dangerous goods declarations and safety data sheets (SDS)/material safety data sheets (MSDS)

emergency procedures

goods manifests

operations manuals, job specifications and induction documentation

quality assurance procedures

regulations and codes of practice relevant to import and export procedures

relevant Australian Standards and certification requirements

relevant database systems

workplace policies and procedures related to t permit requirements

other government documentation covering regulated trade (including online)

Restricted/prohibited goods/commodities subject to quarantine and wildlife conservation regulations or other regulatory and/or special permit requirements may include:

animals, fish and birds

commodities containing ozone-depleting substances

dangerous goods, explosives, firearms and ammunition

flora and fauna

goods and materials that may be used to construct explosives or weapons of mass destruction (WMD)

hazardous waste

heritage and cultural items

horticultural and agricultural products

imported foods

industrial chemicals

plant and animal products

therapeutic goods and complementary medicines

vehicles

vessels

wines and spirits

other commodities subject to Australian requiring special permits

Information on relevant aspects of specialist permit requirements may include:

quarantine permit requirements, such as:

animal quarantine

approved providers

cargo clearance

conversion quantities

pests and diseases

plant and animal exports

plant quarantine

origin

prescribed substances in foods

quarantine treatment

treatments undertaken

wildlife conservation requirements, such as:

acquittals and specimen export records (SER)

export/import regulations

international treaties for wildlife conservation

special permit validation for exports

wildlife conservation

other special permit requirements, such as:

commodities containing ozone-depleting substances

dangerous goods, explosives, firearms, ammunition; chemical, biological and radioactive weapons materials and components; other prohibited imports and exports

hazardous waste

heritage and cultural items

imported food program and permit regulations

prescribed amounts of cash

requirements for Therapeutic Goods Administration (TGA) permits


Sectors

Not applicable.


Employability Skills

This unit contains employability skills.


Licensing Information

Refer to Unit Descriptor.