Customs (Prohibited Exports) Amendment Regulations 2002 (No. 2) (Cth)

Customs (Prohibited Exports) Amendment Regulations 2002 (No. 2)1

Statutory Rules 2002 No. 1392

I, PETER JOHN HOLLINGWORTH, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.

Dated 26 June 2002

PETER HOLLINGWORTH

Governor-General

By His Excellency’s Command

CHRISTOPHER MARTIN ELLISON

Minister for Justice and Customs

Contents

• •
• •
• •

1Name of Regulations

 These Regulations are the Customs (Prohibited Exports) Amendment Regulations 2002 (No. 2).

2Commencement

 These Regulations commence as follows:

• (a)

  on 1 July 2002 — regulations 1 to 3 and Schedule 1;

• (b)

  on 1 September 2002 — Schedule 2.

3Amendment of Customs (Prohibited Exports) Regulations 1958

 Schedules 1 and 2 amend the Customs (Prohibited Exports) Regulations 1958.

Schedule 1Amendments commencing on 1 July 2002

(regulation 3)

  

[1]Before regulation 1

insert

Part 1Preliminary

[2]After regulation 2

insert

Part 2Exemptions

[3]After regulation 2A

insert

Part 3Prohibited exports

Division 1Objectionable goods, certain primary produce, toothfish, human substances and radioactive substances

[4]Regulation 5, heading

substitute

5 Exportation of goods specified in Schedule 3 (primary produce)

[5]Subregulation 5 (2)

omit

the Third Schedule

insert

Schedule 3

[6]Subregulation 5 (3)

omit

Export Control (Orders) Regulations

insert

Export Control (Orders) Regulations 1982

[7]Regulation 8, heading

substitute

8 Exportation of goods specified in Schedule 6 (human substances)

[8]Subregulation 8 (1)

substitute

• (1)

  In this regulation:

authorised person means an officer of the Department authorised in writing by the Secretary for this regulation.

Department means the department administered by the Minister with administrative responsibility for health.

Secretary means the Secretary to the Department.

[9]Subregulation 8 (3)

omit

The Secretary of the Department of Health, Housing, Local Government and Community Services,

insert

The Secretary,

[10]Paragraph 8 (4) (b)

omit

the Secretary of the Department of Health, Housing, Local Government and Community Services.

insert

the Secretary.

[11]Subregulations 8 (6) and (7)

omit

Secretary of the Department of Health, Housing, Local Government and Community Services,

insert

Secretary,

[12]Subregulation 8 (8)

omit

of the Department of Health, Housing, Local Government and Community Services

[13]Regulation 9, heading

substitute

9 Exportation of goods specified in Schedule 7 (radioactive substances)

[14]Subregulation 9 (1)

substitute

• (1)

  In this regulation:

authorised person means a person authorised in writing by the Minister for this regulation.

Minister means the Minister for Industry, Tourism and Resources.

[15]After subregulation 9 (3E)

insert

• (3EA)

  The person who is the holder of the permission when the goods, for which the permission was granted, are exported must comply with any condition or requirement specified in the permission.

[16]After regulation 9

insert

Division 2Drugs

[17]Regulations 10, 10A and 10B

substitute

9A Definitions for Division 2

• (1)

  In this Division:

active principle includes an active isomer or a mixture of isomers of a drug.

authorised person means an officer of the Department authorised in writing by the Secretary for the regulation in which the expression appears.

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

derivative means a substance chemically derived from a drug or from which a drug may be regenerated, including a salt.

drug means a narcotic drug or a psychotropic substance, including a chemical or compound and a plant or a part of a plant, but not including a preparation that is a narcotic preparation within the meaning of Schedule 3 to the Single Convention.

narcotic drug means a drug that is a drug for the purposes of the Single Convention.

psychotropic substance means a substance that is a psychotropic substance for the purposes of the Psychotropic Substances Convention, including a preparation within the meaning of that Convention.

Psychotropic Substances Convention means the Convention on Psychotropic Substances that was adopted and opened for signature at Vienna on 21 February 1971.

Schedule 8 drug means a drug mentioned in Schedule 8.

Secretary means the Secretary to the Department.

the Single Convention has the same meaning as the Convention has in the Narcotic Drugs Act 1967.

• (2)

  For this Division, an item in Schedule 8 is taken to include the name, in addition to the name of the drug specified in the item, of each substance that is a drug because it is:

  • (a)

    an active principle or derivative of the drug the name of which is specified in the item; or

  • (b)

    a derivative of an active principle, the name of which is specified in the item.

• (3)

  For this Division, goods (including goods in the form of a preparation, mixture or solution) that do not consist wholly of a drug but consist in part of, or contain, a drug, are taken to consist of the drug.

10 Exportation of goods specified in Schedule 8 (drugs)

• (1)

  The exportation from Australia of a Schedule 8 drug is prohibited:

  • (a)

    unless:

    • (i)

      the drug is exported from Australia by a licensed exporter; and

    • (ii)

      the Secretary or an authorised person has, by an instrument in writing that is in force, granted permission for the licensed exporter to export the drug to a specified country; and

    • (iii)

      the drug is exported from Australia within 3 months after the Secretary or an authorised person granted the permission or within any further period allowed from time to time by the Secretary or an authorised person and specified in the permission; and

    • (iv)

      the drug is consigned to the country to which the Secretary or an authorised person has, by the instrument, granted the licensed exporter permission to export the drug; and

    • (v)

      the licensed exporter, if asked by the Collector, produces the permission to the Collector; or

  • (b)

    unless the drug is exported from Australia by a person on board a ship or aircraft, if the drug:

    • (i)

      is not a drug listed in Schedule IV to the Single Convention; and

    • (ii)

      is required for the medical treatment of the person or of another person under the care of the person; and

    • (iii)

      was prescribed by a medical practitioner for that treatment; and

    • (iv)

      was supplied to the person in accordance with the prescription of the medical practitioner mentioned in subparagraph (iii); or

  • (c)

    unless the drug is exported from Australia by a person on board a ship or aircraft, if the drug:

    • (i)

      is not a drug listed in Schedule IV to the Single Convention; and

    • (ii)

      is required for the medical treatment of the person or of another person under the care of the person; and

    • (iii)

      is included in Schedule 2 or Schedule 3 to the current Poisons Standard within the meaning of section 52A of the Therapeutic Goods Act 1989; and

    • (iv)

      is being exported in an amount that does not exceed:

      • (A)

        if the drug is a divided dosage product (including tablets and capsules) and pseudoephedrine is the sole active ingredient — 30 dosage units; or

      • (B)

        if the drug is a divided dosage product (including tablets and capsules) and it contains pseudoephedrine in combination with other active ingredients — 50 dosage units; or

      • (C)

        in any other case — 3 months supply of the recommended daily dosage of the drug; or

  • (d)

    unless the drug is exported from Australia by a person on board a ship or aircraft, if the drug:

    • (i)

      is not a drug listed in Schedule IV to the Single Convention; and

    • (ii)

      is required for the medical treatment of an animal that is being exported and is under the care of the person; and

    • (iii)

      was prescribed by a veterinarian for the treatment; and

    • (iv)

      was supplied to the person in accordance with the prescription of the veterinarian mentioned in subparagraph (iii); or

  • (e)

    unless the drug is exported from Australia by a person on board a ship or aircraft if the drug:

    • (i)

      is not a drug listed in Schedule IV to the Single Convention; and

    • (ii)

      is required for the medical treatment of an animal under the care of the person; and

    • (iii)

      is included in Schedule 2 or Schedule 3 to the current Poisons Standard within the meaning of section 52A of the Therapeutic Goods Act 1989; and

    • (iv)

      is being exported in an amount that does not exceed:

      • (A)

        if the drug is a divided dosage product (including tablets and capsules) and pseudoephedrine is the sole active ingredient — 30 dosage units; or

      • (B)

        if the drug is a divided dosage product (including tablets and capsules) and it contains pseudoephedrine in combination with other active ingredients — 50 dosage units; or

      • (C)

        in any other case — 3 months supply of the recommended daily dosage of the drug; or

  • (f)

    unless the drug is exported from Australia on a ship or aircraft if:

    • (i)

      the drug is not a drug listed in Schedule IV to the Single Convention; and

    • (ii)

      the drug is for first-aid or emergency purposes during the ship’s voyage or the aircraft’s flight; and

    • (iii)

      the amount of the drug being exported is consistent with the number of passengers and crew on board the ship or aircraft and the duration of the voyage or flight; or

  • (g)

    unless the drug is exported from Australia by a person on board a ship or aircraft if:

    • (i)

      the drug is not a drug listed in Schedule IV to the Single Convention; and

    • (ii)

      the person is a medical practitioner, nurse or paramedic; and

    • (iii)

      the person is exporting the drug for providing emergency medical treatment to another person; and

    • (iv)

      the amount of the drug being exported is consistent with the treatment of that other person.

• (2)

  The exportation of a Schedule 8 drug from Australia to another country by post is prohibited unless the Secretary or an authorised person has, in the instrument granting a licensed exporter permission to export the drug to the other country, or in another instrument in writing that is in force, authorised the exportation of the drug by post to the other country.

• (3)

  An application for a permission to export a Schedule 8 drug:

  • (a)

    must be in writing; and

  • (b)

    must be lodged with the Secretary; and

  • (c)

    must state the country to which the drug is to be exported; and

  • (d)

    for a drug specified in Part 1 or 2 of Schedule 8 — must be accompanied by an authorisation from the appropriate governmental authority of the country to which the drug is to be exported authorising the importation of the drug into that country.

• (4)

  If the Secretary or an authorised person refuses to grant an application for a permission under subparagraph (1) (a) (ii) or subregulation (2), the Secretary or authorised person must tell the licensed exporter in writing.

10AA Drugs that may be exported — Ministerial approval

 The Minister administering the Therapeutic Goods Act 1989 may, on the recommendation of the Secretary, by notice published in the Gazette, approve the exportation from Australia of a Schedule 8 drug that is mentioned in, or included in a class of drugs mentioned in, the notice.

10A Licensed exporters

• (1)

  An application for the grant of a licence to export a Schedule 8 drug must:

  • (a)

    be in writing; and

  • (b)

    be lodged with the Secretary.

• (2)

  The Secretary or an authorised person may grant an application for a licence to export a Schedule 8 drug only if the grant would be consistent with the requirements mentioned in regulation 10C that are appropriate to the drug.

• (3)

  A licence granted under subregulation (2) remains in force for the period mentioned in the licence.

• (4)

  However, the Secretary or an authorised person may revoke a licence granted under subregulation (2) if:

  • (a)

    the holder of the licence has failed to comply with a condition of the licence; or

  • (b)

    it would not be consistent with the requirements mentioned in regulation 10C that are appropriate to the drug to which the licence relates for the licence to continue in force.

• (5)

  If the Secretary or an authorised person refuses to grant an application for a licence, he or she must notify the applicant in writing accordingly.

• (6)

  If the Secretary or an authorised person revokes a licence, he or she must notify the holder of the licence in writing accordingly.

10B Conditions of licences under regulation 10A

• (1)

  A licence granted under regulation 10A is subject to the following conditions:

  • (a)

    for each Schedule 8 drug exported by the exporter from Australia, the licensed exporter must keep the following records:

    • (i)

      the date when the exporter exports any quantity of the drug;

    • (ii)

      the quantity of the drug the exporter exports on that date;

    • (iii)

      the export permit number for the export of the drug;

    • (iv)

      the name and address of the person to whom the drug is exported;

  • (b)

    the exporter must keep the records until the Secretary or an authorised person approves the destruction of the records;

  • (c)

    the exporter must, if required to do so by the Secretary, an authorised person or the CEO, at any reasonable time of the day, produce the records for examination by, and permit extracts from or copies of the records to be taken by an officer authorised by the Secretary, an authorised person or the CEO;

  • (d)

    the exporter must, within 5 days after the end of a report week, give to the Secretary a return setting out the information mentioned in paragraph (a) for the report week;

  • (e)

    the exporter must, if required to do so by the Secretary, an authorised person or the CEO, take any precautions necessary to ensure that there is no danger of loss or theft of a drug in the exporter’s possession.

• (2)

  The Secretary must, before the commencement of each calendar year, by notice published in the Gazette, set out the periods that are, for this regulation, report weeks for that year.

• (3)

  The Secretary must, before 1 August 2002, by notice published in the Gazette, set out the periods that are, for this regulation, report weeks for the period beginning on 1 August 2002 and ending on 31 December 2002.

• (4)

  In this regulation:

report week means a week mentioned in a notice under subregulation (2) or (3).

[18]Regulation 10D

omit

regulations 10, 10A, 10B and 10C,

insert

this Division,

[19]Regulation 10E

substitute

10E Exercise of powers by Secretary, CEO or authorised person

 The Secretary, an authorised person or the CEO, in exercising a power or performing a function under regulation 10, 10A or 10B must have regard only to those requirements mentioned in regulation 10C that are appropriate.

[20]Regulation 10F, heading

substitute

10F Review of decisions — exportation of Schedule 8 drugs

[21]Subregulation 10F (1)

substitute

• (1)

  Application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary or of an authorised person:

  • (a)

    not to grant a permission under subparagraph 10 (1) (a) (ii); or

  • (c)

    not to grant a licence under subregulation 10A (2); or

  • (d)

    to revoke a licence under subregulation 10A (4).

[22]After regulation 10F

insert

Division 3Exportation of goods to certain countries

[23]Subregulation 13CA (2)

omit

The Minister of State for Foreign Affairs and Trade (in this regulation called the Minister)

insert

The Foreign Minister

[24]Subregulation 13CA (2)

omit

the Minister

insert

the Foreign Minister

[25]Subregulation 13CA (4)

omit

The Minister may revoke or modify a permission granted under subregulation (2) if the Minister

insert

The Foreign Minister may revoke or modify a permission granted under subregulation (2) if the Foreign Minister

[26]Subregulations 13CB (1) and (2)

omit

Minister of State for Foreign Affairs and Trade,

insert

Foreign Minister,

[27]Subregulation 13CB (4), definition of authorised person

substitute

authorised person means an officer of the Department administered by the Foreign Minister authorised in writing by the Foreign Minister for this regulation.

[28]Subregulation 13CE (5), definition of authorised person

substitute

authorised person means:

• (a)

  the Foreign Minister; or

• (b)

  an officer of the Department administered by the Foreign Minister authorised in writing by the Foreign Minister for this regulation.

[29]Subregulation 13CF (1), definition of authorised person

omit

of Foreign Affairs and Trade

insert

administered by the Foreign Minister

[30]Subregulation 13CG (4)

substitute

• (4)

  In this regulation:

authorised person means:

• (a)

  the Foreign Minister; or

• (b)

  an officer of the Department administered by the Foreign Minister authorised in writing by the Foreign Minister for this regulation.

[31]Subregulations 13CH (1), 13CI (1) and 13CK (1)

omit

of Foreign Affairs and Trade

insert

administered by the Foreign Minister

[32]After regulation 13CK

insert

Division 4Exportation of goods related to finance, defence and environment

[33]Subregulation 13F (3)

omit

for the Environment

insert

with administrative responsibility for the environment

[34]Subregulation 13G (3), definition of Minister

omit

Science

insert

Tourism

[35]After regulation 13G

insert

Part 4Miscellaneous

[36]Paragraph 13H (4) (c)

omit

or an approval under regulation 11 — the Minister for Industry, Science and Resources;

insert

 — the Minister for Industry, Tourism and Resources;

[37]Paragraph 13H (4) (d)

omit

Science

insert

Tourism

[38]Additional amendments

• (1)

  The following provisions are amended by omitting ‘authorized’ and inserting ‘authorised’:

   · subregulations 5 (1) and (2)

   · Schedule 3, heading.

• (2)

  The following provisions are amended by omitting ‘anologous’ and inserting ‘analogous’:

   · Schedule 8, Part 1, item 119

   · Schedule 8, Part 2, item 39

   · Schedule 8, Part 3, item 28.

Schedule 2Amendments commencing on 1 September 2002

(regulation 3)

[1]Part 3, Division 2, heading

substitute

Division 2Drugs and precursor substances

[2]Subregulation 9A (1), before definition of active principle

insert

1988 Convention has the same meaning as Convention has in the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990.

[3]Subregulation 9A (1), after definition of narcotic drug

insert

precursor substance means a substance mentioned in Schedule 9.

[4]After regulation 10AA

insert

10AB Exportation of goods specified in Schedule 9 (precursor substances)

• (1)

  The exportation from Australia of a precursor substance mentioned in Part 1 of Schedule 9 is prohibited unless:

  • (a)

    the substance is exported from Australia by a licensed exporter; and

  • (b)

    the conditions mentioned in subregulation (4) are met in relation to the export of the substance.

• (2)

  The exportation from Australia of more than 100 litres of a precursor substance mentioned in Part 2 of Schedule 9 is prohibited unless:

  • (a)

    the substance is exported from Australia by a licensed exporter; and

  • (b)

    if the substance is to be exported to a country mentioned in a notice under subregulation (3) — the conditions mentioned in subregulation (4) are met in relation to the export of the substance.

• (3)

  The Secretary may publish in the Gazette a notice listing countries for paragraph (2) (b).

• (4)

  For subregulations (1) and (2), the conditions are that:

  • (a)

    the licensed exporter has notified the Secretary at least 5 days before the exporter intends to export the substance; and

  • (b)

    the Secretary or an authorised person has not, by an instrument in writing, notified the licensed exporter that the licensed exporter cannot export the substance; and

  • (c)

    the substance is exported within 3 months after the date when the notification mentioned in paragraph (a) was received by the Secretary; and

  • (d)

    the amount of the substance is not greater than the amount specified in the notification mentioned in paragraph (a); and

  • (e)

    the substance is consigned to the country specified in the notification mentioned in paragraph (a); and

  • (f)

    when requested by a Collector, the licensed exporter produces the notification mentioned in paragraph (a) to the Collector.

• (5)

  A notification under paragraph (4) (a) must:

  • (a)

    be in writing; and

  • (b)

    be in the form approved by the Secretary; and

  • (c)

    state:

    • (i)

      the country to which the substance is to be exported; and

    • (ii)

      the quantity of the substance that is to be exported.

[5]Subregulation 10A (1)

omit

drug

insert

drug, or an application for the grant of a licence to export a precursor substance,

[6]After subregulation 10A (2)

insert

• (2A)

  The Secretary or an authorised person may grant an application for a licence to export a precursor substance only if the grant would be consistent with the requirements mentioned in regulation 10CA that are appropriate to the precursor substance.

[7]After subregulation 10A (4)

insert

• (4A)

  A licence granted under subregulation (2A) remains in force for the period mentioned in the licence.

• (4B)

  However, the Secretary or an authorised person may revoke a licence granted under subregulation (2A) if:

  • (a)

    the holder of the licence has failed to comply with a condition of the licence; or

  • (b)

    it would not be consistent with the requirements mentioned in regulation 10CA that are appropriate to the precursor substance to which the licence relates for the licence to continue in force.

[8]Paragraph 10B (1) (a)

after

drug

insert

or each precursor substance

[9]Subparagraphs 10B (1) (a) (i), (ii), (iii) and (iv)

after

drug

insert

or precursor substance

[10]Paragraph 10B (1) (e)

after

drug

insert

 or a precursor substance

[11]After regulation 10C

insert

10CA Requirements appropriate to precursor substances

 The requirements appropriate to precursor substances are the requirements under the 1988 Convention that apply in respect of the substances listed in Table II of the 1988 Convention.

[12]Regulation 10E

after

10,

insert

10AB,

[13]Regulation 10E

after

regulation 10C

insert

or 10CA

[14]Regulation 10F, heading

substitute

10F Review of decisions — exportation of Schedule 8 drugs and precursor substances

[15]After paragraph 10F (1) (a)

insert

• (b)

  not to allow the export of a precursor substance under paragraph 10AB (4) (b); or

[16]Paragraph 10F (1) (c)

after

10A (2)

insert

 or (2A)

[17]Paragraph 10F (1) (d)

after

10A (4)

insert

or (4B)

[18]After Schedule 8

insert

Schedule 9Precursor substances

(regulation 9A)

Part 1

Item	Precursor substance
1	Acetic anhydride in solutions, mixtures containing at least 90%
2	Potassium permanganate, crystals and in solutions, mixtures or powders containing at least 90%

Part 2

Item	Precursor substance
1	Acetone, neat and in mixtures at a concentration of at least 90%
2	Ethyl ether, neat and in mixtures at a concentration of at least 90%
3	Hydrochloric acid, including solutions and mixtures containing at least 30% HCl
4	Methyl ethyl ketone, neat and in mixtures at a concentration of at least 90%
5	Piperidine, neat and in mixtures at a concentration of at least 90%
6	Sulphuric acid, in solutions and mixtures containing at least 90% H2 SO4
7	Toluene, neat and in mixtures at a concentration of at least 90%

Notes

1. These Regulations amend Statutory Rules 1958 No. 5, as amended by 1959 No. 5; 1961 Nos. 16 and 112; 1963 Nos. 129 and 130; 1964 No. 144; 1965 No. 136; 1966 Nos. 70 and 75; 1967 Nos. 42, 59 and 123; 1968 Nos. 46, 83, 101, 153, 160 and 162; 1969 Nos. 11, 21, 22 and 219; 1970 Nos. 34, 68, 89, 106 and 121; 1972 No. 210; 1973 Nos. 4, 7, 39, 74, 102, 138, 218 and 248; 1974 Nos. 46, 157, 178 and 250; 1975 Nos. 19, 44, 45, 173 and 224; 1976 Nos. 169 and 233; 1977 No. 89; 1978 Nos. 14, 58, 59 and 277; 1979 Nos. 160 and 237; 1980 Nos. 21, 61, 72, 76, 82, 99, 110, 212, 273, 358, 381 and 383; 1981 Nos. 49, 72, 86, 149, 225, 251 and 324; 1982 Nos. 169, 171 and 310; 1983 No. 272; 1984 Nos. 35, 63, 191, 262, 263 and 316; 1985 Nos. 1, 68, 138 and 378; 1986 Nos. 76, 89, 177, 178, 328, 364, 365, 366 and 388; 1987 Nos. 97, 115, 156, 176, 301, 317, 318 and 319; 1988 Nos. 65, 178, 195 and 361; 1989 Nos. 57, 59, 196, 264 and 388; 1990 Nos. 125, 146, 190, 264, 333 and 438; 1991 Nos. 24, 77, 118, 288 and 413; 1992 Nos. 61, 83, 103, 155, 412 and 414; 1993 Nos. 68, 212, 258 and 322; 1994 Nos. 32, 143, 172, 242, 313, 379, 392 and 417; 1995 Nos. 71 and 90; 1996 Nos. 32, 47, 48, 49, 50 (Statutory Rules 1996 Nos. 47, 48, 49 and 50 were disallowed by the Senate on 23 May 1996), 69, 225, 281 and 282; 1997 Nos. 30, 31, 32, 33, 380, 381, 382 and 383; 1998 No. 211; 1999 Nos. 9, 164, 200, 216, 248, 274 and 331; 2000 Nos. 211 and 212; 2001 No. 171; 2002 No. 29.

2. Notified in the Commonwealth of Australia Gazette on 27 June 2002.