Customs (Prohibited Exports) Regulations (Amendment) (Cth)

 

Statutory Rules

1974 No. 250

REGULATIONS UNDER THE CUSTOMS ACT 1901-1974.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Customs Act 1901-1974.

Dated this nineteenth day of December, 1974.

John R. Kerr

Governor-General.

By His Excellency’s Command,

(Sgd) LIONEL MURPHY

Minister of State for Customs and Excise.

Amendments of the Customs (Prohibited Exports) Regulation 

Exportation of certain drugs.

1. Regulation 10 of the Customs (Prohibited Exports) Regulations is amended—

(a) by omitting from sub-regulations (1), (2) and (3) the words “ the Collector ” (wherever occurring) and substituting the words “ the Director-General of Health ”;

(b) by omitting from sub-paragraph (1) (b) (i) the word “ and ”;

(c) by inserting in paragraph (1) (b) after sub-paragraph (ii) the following word and paragraph:—

“ ; and (iii) the exporter produces to the Collector the permission to export the drug granted by the Director-General of Health.”;

(d) by inserting in sub-regulation (2) after the words “ specified in ”, the words “ Parts I, II or III of ”;

(e) by omitting from sub-regulation (4) the word “ Part I ” and substituting the words “ Parts I, II or III ”; and

(f) by adding at the end thereof the following sub-regulations:—

“ (5) In this regulation and in regulations 10a, 10b and 10c—

‘ active principle ’ includes an active isomer or a mixture of isomers of a drug;

* Notified in the Australian Government Gazette on 23 December 1974.

  Statutory Rules 1958, No. 5, as amended by Statutory Rules 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; and 1974, No. 46.

17017/73—Recommended retail price 10c 10/11.12.1974

‘ derivative ’ means any substance chemically derived from a drug or from which a drug may be regenerated and includes a salt;

‘ drug ’ means a narcotic drug or a psychotropic substance and includes a chemical or compound and a plant or a part of a plant, but does not include 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 any substance that is a psychotropic substance for the purposes of the Psychotropic Substances Convention and includes 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;

‘ Single Convention ’ has the same meaning as the expression ‘ the Convention ’ has in the Narcotic Drugs Act 1967-1973.

“ (6) For the purposes of this regulation, there shall be deemed to be specified in an item in the Eighth Schedule the name, in addition tothe name of the drug specified in that item, of each substance that is a drug by reason that it is—

(a) an active principle or derivative of the drug the name of which is specified in that item; or

(b) a derivative of an active principle, the name of which, is specified in that item.

“ (7) Where goods (including goods in the form of a preparation, mixture or solution) do not consist wholly of a drug but consist in part of, or contain, a drug, these goods shall be deemed to consist of that drug.”.

Licensed exporters.

2. Regulation 10a of the Customs (Prohibited Exports) Regulations is amended—

(a) by omitting from sub-regulation (1) the words “ the Collector ” and substituting the words “ the Director-General of Health ”;

(b) by omitting sub-regulation (2) and substituting the following sub-regulation:—

“ (2) The Director-General of Health shall grant an application for a licence under this regulation unless the grant would not be consistent with such of the requirements referred to in regulation 10c as are appropriate to the drug or drugs to which the application applies.”; and

(c) by omitting sub-regulation (4) and substituting the following sub-regulation:—

“ (4) The Director-General of Health may revoke a licence granted under this regulation if—

(a) the holder of the licence has failed to comply with a requirement to which the licence is, by regulation 10b, subject; or

(b) it would not be consistent with such of the requirements referred to in regulation 10c as are appropriate to the drugs to which the licence relates for the licence to continue in force. ”.

Conditions of licences under regulation 10a.

3. Regulation 10b of the Customs (Prohibted Exports) Regulations is amended—

(a) by omitting from paragraph (b) the words “ the Collector ” and substituting the words “ the Director-General of Health ”;

(b) by omitting from paragraph (b) the word “ and ”;

(c) by omitting from paragraph (c) the words “ the Collector ” (wherever occurring) and substituting the words “ the Director-General of Health or an authorized officer or the Comptroller ”;

(d) by inserting after paragraph (c) the following paragraphs:—

“ (d) the person shall furnish to the Director-General of Health a return showing in respect of each week the records made by him in the book referred to in paragraph (a) ; and

“ (e) the person shall, when required to do so by the Director-General of Health or an authorized officer or the Comptroller, take any precautions necessary to ensure that there is no danger of loss or theft of drugs in his possession.”; and

(e) by adding at the end thereof the following sub-regulation:—

“ (2) In this regulation—

“ authorized officer ” means an officer of the Department of Health authorized in writing by the Director-General of Health to be an authorized officer for the purposes of this regulation.”.

4. After regulation 10b of the Customs (Prohibited Exports) Regulations the following regulations are inserted :—

Requirements appropriate to drugs.

“ 10c. The requirements approporiate to drugs that are, or are deemed to be, narcotic drugs are the requirements of the Single Convention and the requirements appropriate to drugs that are psychotropic substances are the requirements of the Psychotropic Substances Convention.

Drugs deemed to be narcotic drugs.

“ 10d. For the purposes of regulations 10, 10a, 10b and 10c, a drug that is not a narcotic drug or a psychotropic substance shall be deemed to be a substance specified in Schedule II to the Single Convention.

Exercise of powers by Director-General or Comptroller.

“ 10e. The Director-General of Health or the Comptroller, in exercising a power or performing a function under regulations 10, 10a or 10b shall have regard to such of the requirements referred to in regulation 10c as are appropriate and to no other matter.”.

Second Schedule.

5.Part I of the Second Schedule to the Customs (Prohibited Exports) Regulations is amended by omitting items 3a, 3b, 3c, 3e and 9.

Eighth Schedule.

6.The Eighth Schedule to the Customs (Prohibited Exports) Regulations is repealed and the following Schedule substituted:—

EIGHTH SCHEDULE Regulations 10 and 10a

DRUGS THE EXPORTATION OF WHICH IS PROHIBITED UNLESS SPECIFIED CONDITIONS, RESTRICTIONS OR REQUIREMENTS ARE COMPLIED WITH

Part I

Item No.	Description of Drugs
1	Allylprodine
2	Alphameprodine
3	Alphaprodine
4	Anileridine
5	Benzethidine
6	Bezitramide
7	Clonitazene
8	Cocaine, including the leaves of any plant of any species of the genus Erythroxylon from which cocaine can be extracted either directly or by chemical transformation
9	Codeine
10	Desomorphine
11	Dextromoramide
12	Diampromide
13	Diethylthiambutene
14	Difenoxin
15	Dihydrocodeine
16	Dihydromorphine
17	Dimenoxadol
18	Dimepheptanol
19	Dimethylthiambutene
20	Dioxaphetyl butyrate
21	Diphenoxylate
22	Dipipanone
23	Drotebanol
24	Ecgonine
25	Ethylmethylthiambutene
26	Ethylmorphine
27	Etonitazene
28	Etorphine
29	Etoxeridine
30	Fentanyl
31	Furethidine
32	Heroin (diacetylmorphine)
33	Hydrocodone
34	Hydromorphinol
35	Hydromorphone
36	Hydroxypethidine
37	Isomethadone
38	Levophonacylmorphan
39	Levorphanol
40	Metazocine
41	Methadone
42	Methyldesorphine
43	Morpheridine
44	Morphine, including concentrate of poppy straw (being an extract of poppy straw that contains morphine and other alkaloids of Papaver somniferum)
45	Noracymethadol
46	Norlevorphanol
47	Normethadone
48	Normorphine
49	Norpipanone
50	Opium, which contains morphine and is in the following forms:
(a) medicinal opium (that is to say, opium in any form, whether mixed with a neutral substance or not, which has undergone the processes necessary to adapt it for medicinal use)
(b) opium tinctures and extracts, including opium deposited from such tinctures and extracts; and
(c) raw opium, including non-medicinal, powdered and granulated forms of raw opium

 

Item No.	Description of Drugs
51	Oxycodone
52	Oxymorphone
53	Pentazocine
54	Pethidine
55	Pethidine-Intermediate C (1-methyl-4-Phenylpiperidine-4-carboxylic acid)
56	Phenadoxone
57	Phenampromide
58	Phenazocine
59	Phenomorphan
60	Phenoperidine
61	Pholcodine
62	Piminodine
63	Piritramide
64	Poppy straw
65	Proheptazine
66	Propiram
67	Thebaine, including plants and parts of plants of the species Papaver bracteatum
68	Trimeperidine
69	Any drug of whatever kind which is or is likely to produce, or is capable of being converted into a substance which is or is likely to be productive of ill effects substantially of the same character or nature as, or analogous to, those produced by any of the drugs specified or referred to in the items listed in this Part.

Part II

Item No.	Description of Drugs
1	Amphetamine
2	Cannabis
3	Cannabis resin
4	Tetrahydrocannabinol 1-hydroxy-3-pentyl-6a,7,8,10a-tetrahydro-6,6,9-trimethyl-6H-dibenzo(b,d)pyran and 2′-hydroxy-4'-pentyl-3,4,5,6-tetrahydro-1,8,8-trimethyl-8H-dibenzo(b,d)pyran.) including all 3 and 4′-alkyl homologues within these structural designations
5	DET (N,N-diethyltryptamine)
6	Dexamphetamine
7	DMT (N,N,-dimethyltryptamine), including plants and parts of the plants of the species Piptadenia peregrina (Anadenanthera peregrina)
8	Lysergamide, including plants and parts of plants of the species Rivea corymbosa, Ipomoea tricolor, Ipomoea violacea and Argyreia nervosa
9	Lysergide (lysergic acid diethylamide, LSD) including the laevo isomer of lysergide
10	Mescaline (3,4,5-trimethoxyphenethylamine), including cacti and parts of cacti of the species Lophophora williamsii
11	Methamphetamine
12	Methylphenidate
13	Phencyclidine
14	Phenmetrazine
15	Psilocin (3-(2-dimethylaminoethyl)-4-hydroxyindole), including all fungi which contain psilocin
16	Psilocybin, including all fungi which contain psilocybin
17	STP, DOM (2-amino-1-(2,5-dimethoxy-4-methyl)-phenylpropane)
18	Any drug of whatever kind which is or is likely to produce, or is capable of being converted into a substance which is or is likely to be productive, of ill effects substantially of the same character or nature as, or analogous to, those produced by any of the drugs specified or referred to in the items listed in this Part.

Part III

Item No.	Description of Drugs
1	Amfecloral
2	Amfepramone (diethylpropion)
3	Bufotenin (3-(2-dimethylaminoethyl)-5-hydroxyindole), including plants and parts of the plants of the species Piptadenia peregrina (Anadenanthera peregrina)
4	Chlorphentermine
5	Harmaline (4,9-dihydro-7-methoxy-1-methyl-(3H)pyrido(3,4-b)indole)
6	Harmine (7-methoxyharman)
7	Hydroxyamphetamine (4-(2-aminopropyl)phenyl)
8	Lysergic acid including the laevo isomer of lysergic acid
9	Alphamethyltryptamine (3-(2-aminopropyl)indole)
10	Phendimetrazine
11	Phentermine
12	Pipradrol
13	SPA, (levo-1-dimethylamine-1,2-diphenylethane)
14	Any drug of whatever kind which is or is likely to produce, or is capable of being converted into a substance which isor is likely to be productive, of ill effects substantially of the same character or nature as, or analogous to, those produced by any of the drugs specified or referred to in the items listed in this Part.

Part IV

Item No.	Description of Drugs
1	Barbiturates, that is to say 5,5-disubstituted barbituric acids including compounds structurally derived from barbituric acid or thiobarbituric acid
2	Ethchlorvynol (ethyl-2-chlorovinyl ethinyl carbinol)
3	Ethinamate
4	Glutethimide
5	Meprobamate
6	Methaqualone
7	Methyprylon

Saving of certain licences and permits.

7. (1) Notwithstanding the amendments of regulation 10 of the Customs (Prohibited Exports) Regulations made by regulation 1 of these Regulations, a permission granted under regulation 10 of those Regulations before the commencement of these Regulations and in force immediately before that commencement shall, on and after that commencement, be deemed to have been granted by the Director-General of Health and shall have the same force and effect as if the amendments made by regulation 1 of these Regulations had been in force immediately before the date on which the permission was granted.

(2) Notwithstanding the amendments of regulation 10a of the Customs (Prohibited Exports) Regulations made by regulation 2 of these Regulations, a licence granted under regulation 10a of those Regulations before the commencement of these Regulations and in force immediately before that commencement shall, on and after that commencement, be deemed to have been granted by the Director-General of Health and shall have the same force and effect as if the amendments made by regulation 2 of these Regulations had been in force immediately before the date on which the licence was granted.

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