Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2019 (Cth)

Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2019

I, General the Honourable David Hurley AC DSC (Retd), Governor‑General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations.

Dated 12 December 2019

David Hurley

Governor‑General

By His Excellency’s Command

Jason Wood

Assistant Minister for Customs, Community Safety and Multicultural Affairs

Parliamentary Secretary to the Minister for Home Affairs

Contents

1Name

This instrument is the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2019.

2Commencement

1. (1)

   Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument	The day after this instrument is registered.	17 December 2019

Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

1. (2)

   Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3Authority

This instrument is made under the Customs Act 1901.

4Schedules

Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.

Schedule 1—Amendments

Customs (Prohibited Exports) Regulations 1958

1

Regulation 10AA

Repeal the regulation, substitute:

10AADrugs that may be exported—Ministerial approval

The Minister administering the Therapeutic Goods Act 1989 may, on the recommendation of the Secretary, by legislative instrument, approve the exportation from Australia of a Schedule 8 drug that meets one or more of the following:

1. (a)

   the drug is specified in, or included in a class of drugs specified in, the approval;

2. (b)

   the drug is exported in a form (including a concentration) specified in the approval;

3. (c)

   the drug is exported by a person, or class of persons, specified in the approval;

4. (d)

   the drug does not exceed a value or amount specified in the approval;

5. (e)

   the drug is exported in a way, or by a means, specified in the approval.

2

Part 1 of Schedule 8 (after table item 27B)

Insert:

27C Cyclopropylfentanyl

3

Part 1 of Schedule 8 (after table item 64)

Insert:

64A Methoxyacetylfentanyl

4

Part 1 of Schedule 8 (after table item 88A)

Insert:

88B Orthofluorofentanyl

5

Part 1 of Schedule 8 (after table item 90)

Insert:

90A Parafluorobutyrylfentanyl

6

Part 2 of Schedule 8 (after table item 1AA)

Insert:

1AB	ADB‑CHMINACA (otherwise known as MAB‑CHMINACA)
1AC	ADB‑FUBINACA

7

Part 2 of Schedule 8 (after table item 6)

Insert:

6A CUMYL‑4CN‑BINACA

8

Part 2 of Schedule 8 (after table item 12)

Insert:

12AAA N‑ethylnorpentylone (otherwise known as ephylone)

9

Part 2 of Schedule 8 (after table item 13AB)

Insert:

13AC FUB‑AMB (otherwise known as MMB‑FUBINACA or AMB‑FUBINACA)

10

Part 3 of Schedule 8 (before table item 1A)

Insert:

1AA Alpha‑phenylacetoacetamide (otherwise known as APAA)

11

Part 3 of Schedule 8 (after table item 17)

Insert:

17A	3,4‑MDP‑2‑P methyl glycidate (otherwise known as PMK glycidate)
17B	3,4‑MDP‑2‑P methyl glycidic acid (otherwise known as PMK glycidic acid)

Customs (Prohibited Imports) Regulations 1956

12

Subregulation 2(1) (definition of kava)

After “a plant”, insert “or part of a plant”.

13

Subregulation 2(2)

Repeal the subregulation.

14

Subregulation 5(3)

Repeal the subregulation, substitute:

1. (3)

   The Minister may, on the recommendation of the Secretary, by legislative instrument, approve the importation into Australia of a drug that meets one or more of the following:

   1. (a)

      the drug is specified in, or included in a class of drugs specified in, the approval;

   2. (b)

      the drug is imported in a form (including a concentration) specified in the approval;

   3. (c)

      the drug is imported by a person, or class of persons, specified in the approval;

   4. (d)

      the drug does not exceed a value or amount specified in the approval;

   5. (e)

      the drug is imported in a way, or by a means, specified in the approval.

15

Regulations 5A and 5F

Repeal the regulations.

1. 16

   Subregulation 5HA(1) (paragraph (a) of the definition of Initial decision)

Omit “or 5A(1), (4) or (6)”.

17

After regulation 10

Insert:

11Transitional matters—effect of the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2019 on drug importation approvals

The Customs (Prohibited Imports) (Importation of Hemp Seeds and Hemp Derived Products) Approval 2018 continues in force on and from the commencement of the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2019 (the amending Regulations) as if it had been made under subregulation 5(3) of this instrument as amended by the amending Regulations.

18

Schedule 4 (after table item 4C)

Insert:

4D	ADB‑CHMINACA (otherwise known as MAB‑CHMINACA)
4E	ADB‑FUBINACA

19

Schedule 4 (after table item 11)

Insert:

11AA Alpha‑phenylacetoacetamide (otherwise known as APAA)

20

Schedule 4 (after table item 49F)

Insert:

49FA CUMYL‑4CN‑BINACA

21

Schedule 4 (after table item 49G)

Insert:

49H Cyclopropylfentanyl

22

Schedule 4 (after table item 87)

Insert:

87AA N‑ethylnorpentylone (otherwise known as ephylone)

23

Schedule 4 (after table item 97D)

Insert:

97DA FUB‑AMB (otherwise known as MMB‑FUBINACA or AMB‑FUBINACA)

24

Schedule 4 (after table item 127)

Insert:

127A	3,4‑MDP‑2‑P methyl glycidate (otherwise known as PMK glycidate)
127B	3,4‑MDP‑2‑P methyl glycidic acid (otherwise known as PMK glycidic acid)

25

Schedule 4 (after table item 139AA)

Insert:

139AB Methoxyacetylfentanyl

26

Schedule 4 (after table item 173A)

Insert:

173B Orthofluorofentanyl

27

Schedule 4 (after table item 177)

Insert:

177A Parafluorobutyrylfentanyl

28

Schedule 4 (after table item 224)

Insert:

224A Thalidomide

29

Schedule 8 (table item 2)

Repeal the item.

30

Schedule 8 (table item 10)

Omit all the words after “human consumption that”, substitute “contain calamus or oil of calamus.”.

31

Schedule 8 (table items 13 and 15)

Repeal the items.