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Exporting toys from Australia

Australia has no export licence for toys, but the Australian Consumer Law reaches exports: toys that do not meet an Australian safety standard, or are banned, may be exported only with the Commonwealth Minister's written approval. Information standards do not apply to goods for use outside Australia. Consignments over A$2,000 need an export declaration.

Updated · Each section links to the official source it comes from

Safety standards
Export of non-compliant toys needs the Minister's written approval
Banned goods
Export only with the Minister's written approval
Information standards
Do not apply to goods for use outside Australia
Customs
Export declaration for goods over A$2,000
GST
GST-free if exported within 60 days of payment or invoice

Before the goods leave

The questions to answer, in the order they usually come up.

  1. 1Does the toy meet the Australian safety standards that apply to it, or is it covered by a ban? Read more
  2. 2If not, has the Commonwealth Minister approved its export in writing? Read more
  3. 3Is an export declaration needed? Read more
  4. 4Will the buyer claim a preferential tariff, and are the origin records kept? Read more

The rules, by area

What each area covers, the texts that set it, and what the official pages say.

Toy safety standards and bans on export

How the Australian Consumer Law treats toys made or held for export.

  • A person must not, in trade or commerce, export consumer goods whose supply is prohibited because they do not comply with a safety standard, unless the Commonwealth Minister approves the export by written notice (section 106(5)).
  • The same applies to consumer goods covered by an interim or permanent ban (section 118(5)). Approvals are tabled in each House of Parliament.
  • Exporting goods that do not comply with a safety standard without that approval is also a strict liability offence (section 194).
  • In proceedings for manufacturing or holding non-compliant goods, it is a defence to prove they were not for supply other than for export (section 106(4)); offering them for supply other than for export is prohibited.
  • Information standards do not apply to goods intended for use outside Australia, and a 'for export only' statement on the goods or their label is presumed to show that (section 136).

How we help: Compliant Always keeps the test reports against each Australian toy standard, any export approval and export-only label artwork with the product and lot. Ask about this

Export declaration, GST and origin

Customs and tax steps for toys leaving Australia.

  • The owner must have goods entered for export by an export declaration before they are loaded, unless an exemption applies; consignments by post, ship or aircraft with an FOB value of not more than A$2,000 are generally exempt.
  • A permission identified in the export declaration is taken to have been produced to an officer.
  • A supply of goods is GST-free if the supplier exports them within 60 days of receiving any payment or giving an invoice.
  • Exporters and producers who claim Australian origin for a preferential tariff keep the records behind the claim; for Japan, for at least five years.

How we help: Compliant Always keeps the declaration, the dates that set the GST window and the origin records with each shipment. Ask about this

Duty drawback and imported toys

Refunds of import duty on toys or parts that are exported.

  • Duty drawback refunds customs duty on imported goods exported unused since importation, or treated, processed or incorporated into goods for export.
  • Claims are lodged within four years of export, for at least A$100, by the legal owner of the goods at export, with records kept for five years.
  • No claim is payable where goods are valued at less than 25% of their imported customs value at export.

How we help: Compliant Always keeps the import entries and export records a drawback claim traces through, by lot. Ask about this

Who answers for what

WhoWhat they answer forHow we help
ExporterAny export approval, the export declaration and origin claims.Approvals, declarations and origin records kept with each shipment.
Manufacturer or brand ownerWhether the toy meets the Australian standards, and which stock is for export only.Test reports and export-only labels kept by product and lot.
Customs brokerLodging the export declaration for the owner.Approval and certificate numbers ready from the record.

Ports and certifying bodies

Export controls on food, plants and organic goods are Commonwealth law under the Export Control Act 2020, administered by the Department of Agriculture, Fisheries and Forestry, with registered establishments and accredited properties across the states and territories.

Export declarations go to the Australian Border Force through the Integrated Cargo System, or at an ABF counter in each state or territory.

Where are the goods going?

Most of what toys have to meet is set where they are sold. Each guide sets out the rules on arrival, with the official source for each.

Questions businesses ask

Do I need a licence to export toys from Australia?
No general export licence applies to toys. The Australian Consumer Law requires the Commonwealth Minister's written approval only to export toys that do not meet an Australian safety standard or are banned.
Can I export toys that do not meet Australian safety standards?
Only if you apply in writing and the Commonwealth Minister approves the export by written notice, under section 106(5) of the Australian Consumer Law. Exporting without approval is also an offence under section 194.
Can I export toys that are banned in Australia?
Consumer goods covered by an interim or permanent ban may be exported only with the Commonwealth Minister's written approval, under section 118(5). Approvals are tabled in Parliament.
Can I make toys in Australia for export to other standards?
Making or holding toys that miss an Australian safety standard can be defended by proving they were not for supply other than for export (section 106(4)), but exporting them still needs the Minister's written approval.
Do exported toys need Australian warning labels?
Information standards do not apply to goods intended for use outside Australia. Safety standards are separate, and destination labelling rules are in the market guides.
What does 'for export only' on a toy label mean in Australia?
Goods carrying that statement are presumed to be intended for use outside Australia for the information standard provisions, unless the contrary is established.
Do I need an export declaration for toys?
For goods worth more than A$2,000, goods that need an export permit, and duty drawback claims. It is lodged through the ICS or at an ABF counter, up to six months ahead.
Are exported toys GST-free?
A supply of goods is GST-free if the supplier exports them within 60 days of receiving any payment or giving an invoice, or a longer period the Commissioner allows.
Can I get import duty back on toys I re-export?
The ABF's duty drawback scheme refunds customs duty on imported goods exported unused or incorporated into goods for export, claimed within four years of export by the legal owner at export.
How does Compliant Always help with exporting from Australia?
Our team reads the rules for the routes you ship. Compliant Always shows which export documents apply to your product, keeps them with the shipment beside what the destination asks for, and watches the sources for changes. It shows what the requirements say and what your documents show; you decide.

Sources

Compliant Always is a product of Lettuce Labs LLC. It shows what requirements say and what your documents show. It is not legal advice, and you decide.

Tell us what you make, and we will show you the rules for it.

Name the product and the markets you sell in. We will come back to you with what applies in Australia and what your paperwork needs to show.

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