Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023 (Cth)

Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023

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 07 December 2023

David Hurley

Governor‑General

By His Excellency’s Command

Clare O’Neil

Minister for Home Affairs

Contents

1Name

This instrument is the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023.

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.	13 December 2023

Note: This table relates only to the provisions of this instrument as originally made.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Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.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

Part 1Amendments

Customs (Prohibited Exports) Regulations 1958

1

Part 1 of Schedule 8 (after table item 22A)

Insert:

22B Brorphine

2

Part 1 of Schedule 8 (after table item 56)

Insert:

56A Isotonitazene

3

Part 1 of Schedule 8 (after table item 69)

Insert:

69A Metonitazene

4

Part 2 of Schedule 8 (after table item 6A)

Insert:

6B CUMYL‑PEGACLONE

5

Part 2 of Schedule 8 (after table item 10)

Insert:

10A Diphenidine

6

Part 2 of Schedule 8 (after table item 12A)

Insert:

12B Eutylone

7

Part 2 of Schedule 8 (after table item 18B)

Insert:

18C MDMB‑4en‑PINACA

8

Part 2 of Schedule 8 (after table item 23AB)

Insert:

23AC 3‑methoxyphencyclidine

9

Part 3 of Schedule 8 (after table item 2A)

Insert:

2B 4‑AP (N‑Phenyl‑4‑piperidinamine)

10

Part 3 of Schedule 8 (after table item 3)

Insert:

3AA 1‑boc‑4‑AP (tert‑Butyl 4‑(phenylamino)piperidine‑1‑carboxylate)

11

Part 3 of Schedule 8 (after table item 19)

Insert:

19A Norfentanyl

12

Part 4 of Schedule 8 (after table item 7)

Insert:

7A Clonazolam

13

Part 4 of Schedule 8 (after table item 12)

Insert:

12A Diclazepam

14

Part 4 of Schedule 8 (after table item 16A)

Insert:

16B Flubromazolam

Customs (Prohibited Imports) Regulations 1956

15

Subregulation 5(14)

Repeal the subregulation.

1. 16

   Subregulation 5F(8) (definition of authorised person)

Repeal the definition, substitute:

authorised person means a person who is authorised by the Secretary under subregulation (9) to be an authorised person.

1. 17

   Subregulation 5F(8) (definition of kava food product)

Omit “this regulation”, substitute “the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023”.

18

At the end of regulation 5F

Add:

Authorised persons

1. (9)

   For the purposes of the definition of authorised person in subregulation (8), the Secretary may, in writing, authorise the following to be an authorised person for the purposes of this regulation:

   1. (a)

      an officer of the Department;

   2. (b)

      the Administrator of Norfolk Island.

19

Paragraph 5G(1)(a)

Omit “officer”, substitute “person”.

1. 20

   Subregulation 5G(6) (definition of authorised officer)

Repeal the definition.

21

Subregulation 5G(6)

Insert:

authorised person means a person who is authorised by the Secretary under subregulation (7) to be an authorised person.

Department means the Department administered by the Minister administering the Therapeutic Goods Act 1989.

22

Subregulation 5G(6) (definition of Secretary)

Omit “administered by the Minister administering the Therapeutic Goods Act 1989”.

23

At the end of regulation 5G

Add:

1. (7)

   For the purposes of the definition of authorised person in subregulation (6), the Secretary may, in writing, authorise the following to be an authorised person for the purposes of this regulation:

   1. (a)

      an officer of the Department;

   2. (b)

      the Administrator of Norfolk Island.

1. 24

   Subregulation 5H(1) (definition of authorised officer)

Repeal the definition.

25

Subregulation 5H(1)

Insert:

authorised person means a person who is authorised by the Secretary under subregulation (1A) to be an authorised person.

Department means the Department administered by the Minister administering the Therapeutic Goods Act 1989.

26

Subregulation 5H(1) (definition of Secretary)

Omit “administered by the Minister administering the Therapeutic Goods Act 1989”.

27

After subregulation 5H(1)

Insert:

1. (1A)

   For the purposes of the definition of authorised person in subregulation (1), the Secretary may, in writing, authorise the following to be an authorised person for the purposes of this regulation:

   1. (a)

      an officer of the Department;

   2. (b)

      the Administrator of Norfolk Island.

28

Subregulation 5H(2)

Omit “officer”, substitute “person”.

29

Subregulation 5H(3)

Omit “officer”, substitute “person”.

1. 30

   Subregulation 5HA(1) (paragraphs (ab) and (b) of the definition of Initial decision)

Omit “officer”, substitute “person”.

31

Schedule 4 (after table item 17A)

Insert:

17B 4‑AP (N‑Phenyl‑4‑piperidinamine)

32

Schedule 4 (after table item 28)

Insert:

28A 1‑boc‑4‑AP (tert‑Butyl 4‑(phenylamino)piperidine‑1‑carboxylate)

33

Schedule 4 (after table item 30A)

Insert:

30AA Brorphine

34

Schedule 4 (after table item 49FA)

Insert:

49FB CUMYL‑PEGACLONE

35

Schedule 4 (after table item 71)

Insert:

71A Diphenidine

36

Schedule 4 (after table item 90A)

Insert:

90B Eutylone

37

Schedule 4 (after table item 112A)

Insert:

112AA Isotonitazene

38

Schedule 4 (after table item 127AB)

Insert:

127AC MDMB‑4en‑PINACA

39

Schedule 4 (after table item 140)

Insert:

140AA 3‑methoxyphencyclidine

40

Schedule 4 (after table item 151)

Insert:

151A Metonitazene

41

Schedule 4 (after table item 168)

Insert:

168A Norfentanyl

Part 2Application and transitional provisions

Customs (Prohibited Exports) Regulations 1958

42

In the appropriate position in Part 5

Insert:

24Transitional matters—amendments made by the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023

The amendments of these Regulations made by Part 1 of Schedule 1 to the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023 apply in relation to drugs exported from Australia on or after the commencement of that Part.

Customs (Prohibited Imports) Regulations 1956

43

In the appropriate position before Schedule 1

Insert:

17Transitional matters—amendments made by the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023

1. (1)

   In this regulation:

amending regulations means the Customs Legislation Amendment (Prohibited Exports and Imports) Regulations 2023.

1. (2)

   The amendments of Schedule 4 to these Regulations made by Part 1 of Schedule 1 to the amending regulations apply in relation to drugs imported into Australia on or after the commencement of that Part.

2. (3)

   A person who was an authorised person for the purposes of regulation 5F of these Regulations immediately before the commencement of Part 1 of Schedule 1 to the amending regulations is, on and after that commencement, taken to be an authorised person for the purposes of that regulation as in force immediately after the commencement of that Part.

3. (4)

   A person who was an authorised officer for the purposes of regulation 5G or 5H of these Regulations immediately before the commencement of Part 1 of Schedule 1 to the amending regulations is, on and after that commencement, taken to be an authorised person for the purposes of that regulation as in force immediately after the commencement of that Part.

4. (5)

   A permission in force under regulation 5F, 5G or 5H of these Regulations immediately before the commencement of Part 1 of Schedule 1 to the amending regulations continues in force on and after that commencement (and may be dealt with) as if it had been granted under that regulation as in force immediately after the commencement of that Part.