Customs (Prohibited Exports) Regulations (Amendment) (Cth)
I, THE
GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of
the Federal Executive Council, make the following Regulations under the
Dated 10 September 1991.
BILL HAYDEN
Governor-General
By His Excellency’s Command,
D. BEDDALL
Minister of State for Small Business and Customs
____________
1.1 The Customs (Prohibited Exports) Regulations are amended as set out in these Regulations.
2.1 Subregulation 2 (1) (definition of “licensed exporter”):
Omit “of these Regulations”.
2.2 Subregulation 2 (1):
Insert the following definition:
“
3.1 Subregulation 2a (2):
Omit
“the
4.1 Subregulation 5 (1):
Omit “the Third Schedule”, substitute “Schedule 3”.
5.1 Omit the regulation, substitute:
(1) In this regulation,
“(2) The exportation from Australia of goods specified in Schedule 6 is prohibited unless:
(a) permission to export the goods has been granted under this regulation and is in force; and
(b) the permission is produced to the Collector.
The Secretary of the Department of Health, Housing and Community Services, or an authorised person, may, on application, grant permission for the exportation of goods specified in Schedule 6.
An application:
must be in writing; and
(b) must be lodged with the Secretary of the Department of Health, Housing and Community Services.
Notice of the grant of a permission must be in writing and may specify a condition or requirement that must be complied with by the person to whom the permission is granted.
If the Secretary of the Department of Health, Housing and Community Services, or an authorised person, refuses to grant an application for a permission, he or she must notify the applicant in writing accordingly.
The Secretary of the Department of Health, Housing and Community Services, or an authorised person, may revoke a permission by notice in writing to the holder of the permission, if:
(a) the holder fails to comply with a condition or requirement specified in the permission, whether or not the holder is charged under subsection 112 (2b) of the Act with failure to comply with the condition or requirement; or
(b) the holder of the permission is convicted under that subsection for failure to comply with the condition or requirement.
Application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary of the Department of Health, Housing and Community Services or of an authorised person:
not to grant a permission; or
(b) to grant a permission specifying a condition or requirement; or
(c) to revoke a permission.
Notice of a decision referred to in subregulation (8) is to include a statement to the effect that:
(a) subject to the
Administrative Appeals Tribunal Act 1975 , a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and(b) a person whose interests are affected by the decision may request a statement under section 28 of that Act.
A failure to comply with subregulation (9) does not affect the validity of the decision.”.
6.1 Paragraph 10 (1) (b):
Omit “Community Services and Health”, substitute “Health, Housing and Community Services, or an authorised person,”.
6.2 Subparagraph 10 (1) (b) (i):
Omit “Community Services and Health” (wherever occurring), substitute “Health, Housing and Community Services, or an authorised person,”.
6.3 Subparagraphs 10 (1) (b) (ii) and (iii):
Omit “Community Services and Health”, substitute “Health, Housing and Community Services, or an authorised person,”.
6.4 After subregulation 10 (1), insert:
“(1a) If the Secretary of the Department of Health, Housing and Community Services, or an authorised person, refuses to grant an application for a permission, he or she must notify the licensed exporter in writing accordingly.”.
6.5 Subregulation 10 (2):
Omit “through the Post Office” (wherever occurring), substitute “by post”.
6.6 Subregulation 10 (2):
Omit “Community Services and Health”, substitute “Health, Housing and Community Services, or an authorised person,”.
6.7 Paragraph 10 (3) (a):
Omit “Community Services and Health”, substitute “Health, Housing and Community Services”.
6.8 Subregulation 10 (4):
Omit “Part I or II”, substitute “Part 1 or 2”.
6.9 Subregulation 10 (5):
After the definition of “active principle”, insert the following definition:
“
7.1 Subregulation 10a (1):
Omit “Community Services and Health”, substitute “Health, Housing and Community Services”.
7.2 Subregulations 10a (2) and (4):
Omit “Community Services and Health”, substitute “Health, Housing and Community Services, or an authorised person,”.
7.3 Add at the end:
“(5) If the Secretary of the Department of Health, Housing and Community Services, 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 of the Department of Health, Housing and Community Services, or an authorised person revokes a licence, he or she must notify the holder of the licence in writing accordingly.”.
8.1 Paragraph 10b (1) (b):
Omit “Community Services and Health”, substitute “Health, Housing and Community Services, or an authorised person,”.
8.2 Paragraph 10b (1) (c):
Omit “Community Services and Health or an authorized officer” (wherever occurring), substitute “Health, Housing and Community Services or an authorised person”.
8.3 Paragraph 10b (1) (d):
Omit “Community Services and Health”, substitute “Health, Housing and Community Services”.
8.4 Paragraph 10b (1) (e):
Omit “Community Services and Health or an authorized officer”, substitute “Health, Housing and Community Services or an authorised person”.
8.5 Subregulation 10b (2):
Omit the subregulation.
9.1 Omit “Community Services and Health”, substitute “Health, Housing and Community Services or an authorised person”.
10.1 After regulation 10e, insert:
“10f. (1) Application may be made to the Administrative Appeals Tribunal for review of a decision of the Secretary of the Department of Health, Housing and Community Services or of an authorised person:
(a) not to grant a permission under paragraph 10 (1) (b); or
(b) not to grant a licence under subregulation 10a (2); or
(c) to revoke a licence under subregulation 10a (4).
Notice of a decision referred to in subregulation (1) is to include a statement to the effect that:
(a) subject to the
Administrative Appeals Tribunal Act 1975 , a person affected by the decision may make an application to the Administrative Appeals Tribunal for review of the decision; and(b) a person whose interests are affected by the decision may request a statement under section 28 of that Act.
A failure to comply with subregulation (2) does not affect the validity of the decision.”.
11.1 Omit the Schedule, substitute:
GOODS THE EXPORTATION OF WHICH IS PROHIBITED IF PERMISSION IS NOT GRANTED UNDER REGULATION 8
Item | Description of goods |
1 | Human body fluids, organs and other tissue, including a part or constituent of material of that kind, if the internal volume of the immediate container in which the material is packed exceeds 50ml |
2 | A substance derived from human blood |
12.1 Omit the Schedule, substitute:
drugs the exportation of which is prohibited if specified conditions, restrictions or requirements are not complied with
PART 1
Item | Description of drugs |
1 | Acetorphine |
2 | Acetyldihydrocodeine |
3 | Acetylmethadol |
4 | Acetyl-alphamethylfentanyl |
5 | Alfentanil |
6 | Allylprodine |
8 | Alphameprodine |
9 | Alphamethadol |
Item | Description of drugs | ||
10 | Alphamethylfentanyl | ||
11 | Alphamethylthiofentanyl | ||
12 | Alphaprodine | ||
13 | Anileridine | ||
14 15 | Benzethidine Benzylmorphine | ||
16 | Betacetylmethadol | ||
17 | Betahydroxyfentanyl | ||
18 | Betahydroxy-3-methylfentanyl | ||
19 | Betameprodine | ||
20 | Betamethadol | ||
21 | Betaprodine | ||
22 | Bezitramide | ||
23 | Buprenorphine | ||
24 | Clonitazene | ||
25 | Cocaine, including the leaves of any plant of any
species of the genus | ||
26 | Codeine | ||
27 | Codoxime | ||
28 | Desomorphine | ||
29 | Dextromoramide | ||
30 | Dextropropoxyphene | ||
31 | Diampromide | ||
32 | Diethylthiambutene | ||
33 | Difenoxin | ||
34 | Dihydrocodeine | ||
35 | Dihydromorphine | ||
36 | Dimenoxadol | ||
37 | Dimepheptanol | ||
38 | Dimethylthiambutene | ||
39 | Dioxaphetyl butyrate | ||
40 | Diphenoxylate | ||
41 | Dipipanone | ||
42 | Drotebanol | ||
43 | Ecgonine | ||
44 | Ethylmethylthiambutene | ||
45 | Ethylmorphine | ||
46 | Etonitazene | ||
47 | Etorphine | ||
48 | Etoxeridine | ||
49 | Fentanyl |
Item | Description of drugs | ||
50 | Furethidine | ||
51 | Heroin (otherwise known as diacetylmorphine) | ||
52 | Hydrocodone | ||
53 | Hydromorphinol | ||
54 | Hydromorphone | ||
55 | Hydroxypethidine | ||
56 | Isomethadone | ||
57 | Ketobemidone | ||
58 | Levomethorphan | ||
59 | Levomoramide | ||
60 | Levophenacylmorphan | ||
61 | Levorphanol | ||
62 | Metazocine | ||
63 | Methadone | ||
64 | Methadone intermediate (otherwise known as 4-cyano-2-dimethylamino-4,4-diphenylbutane) | ||
65 | Methyldesorphine | ||
66 | Methyldihydromorphine | ||
67 | 1-methyl-4-phenyl-4-piperidinol propionate (otherwise known as MPPP) | ||
68 | 3-methylfentanyl | ||
69 | 3-methylthiofentanyl | ||
70 | Metopon | ||
71 | Moramide intermediate (otherwise known as 2-methyl-3-morpholino-1,1-diphenylpropane carboxylic acid) | ||
72 | Morpheridine | ||
74 | Morphine, including concentrate of poppy straw
(being an extract of poppy straw that contains morphine and other alkaloids
of | ||
75 | Morphine methobromide | ||
76 | Morphine-N-oxide | ||
77 | Myrophine | ||
78 | Nicodine | ||
79 | Nicodicodine | ||
80 | Nicomorphine | ||
81 | Noracymethadol | ||
82 | Norcodeine |
Item | Description of drugs | ||
83 | Norlevorphanol | ||
84 | Normethadone | ||
85 | Normophine | ||
86 | Norpipanone | ||
87 | Opium prepared for smoking, including dross and any other form of charred opium | ||
88 | Opium that contains morphine and is in 1 of the the following forms:
| ||
89 | Oxycodone | ||
90 | Oxymorphone | ||
91 | Para-fluorofentanyl | ||
92 | Pentazocine | ||
93 | Pethidine | ||
94 | Pethidine intermediate A (otherwise known as 4-cyano-1-methyl-4-phenylpiperidine) | ||
95 | Pethidine intermediate B (otherwise known as 4-phenylpiperidine-4-carboxylic acid ethyl ester) | ||
96 | Pethidine intermediate C (otherwise known as 1-methyl-4-phenylpiperidine-4-carboxylic acid) | ||
97 | Phenadoxone | ||
98 | Phenampromide | ||
99 | Phenazocine | ||
100 | 1-phenethyl-4-phenyl-4-piperidinol acetate (otherwise known as PEPAP) | ||
101 | Phenomorphan | ||
102 | Phenoperidine | ||
103 | Pholcodine | ||
104 | Piminodine | ||
105 | Piritramide | ||
106 | Poppy straw | ||
107 | Proheptazine | ||
108 | Properidine | ||
109 | Propiram | ||
110 | Racemethorphan | ||
111 | Racemoramide | ||
112 | Racemorphan | ||
113 | Sufentanil |
Item | Description of drugs | ||
114 | Thebacon | ||
115 | Thebaine, including plants and parts of plants of
the species | ||
116 | Thiofentanyl | ||
117 | Tilidine | ||
118 | Trimeperidine | ||
119 | Any drug of whatever kind that is or is likely to produce, or is capable of being converted into a substance that is or is likely to be productive of ill effects substantially of the same character or nature as, or anologous to, those produced by any of the drugs specified or referred to in the items listed in this Part |
2
Item | Description of drugs |
1 | Amphetamine |
2 | 4-bromo-2,5-dimethoxyamphetamine |
3 | Cannabis |
4 | Cannabis resin |
5 | Cathinone |
6 | Tetrahydrocannabinol (otherwise known as 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- and4'-alkyl homologues within theses structural designations |
7 | DET (otherwise known as N,N-diethyltriptamine) |
8 | Dexamphetamine |
9 | 2,5-dimethyoxyamphetamine |
10 | 2,5-dimethoxy-4-ethylamphetamine |
11 | DMT (otherwise known as N,N-dimethyltriptamine),
including plants and parts of the plants of the species |
12 | N-ethyl-methylenedioxyamphetamine (otherwise known as N-ethyl MDA) |
13 | Fenetylline |
14 | N-hydroxy-methylenedioxyamphetamine (otherwise known as N-hydroxy MDA) |
15 | Levamphetamine |
16 | Levomethamphetamine |
Item | Description of drugs | ||
17 | Lysergamide, including plants and parts of plants of
the species | ||
18 | Lysergide (otherwise known as lysergic acid diethylamide or LSD) including the laevo isomer of lysergide | ||
19 | Mecloqualone | ||
20 | Mescaline (otherwise known as
3,4,5-trimethoxyphenethylamine), including cacti and parts of cacti of the
species | ||
21 | Metamfetamine racemate | ||
22 | Methamphetamine | ||
23 | Methaqualone | ||
24 | 5-Methoxy-3,4-methylenedioxyamphetamine | ||
25 | 4-methylaminorex | ||
26 | 3,4-methylenedioxyamphetamine | ||
27 | 3,4-methylenedioxymethamphetamine | ||
28 | Methylphenidate | ||
29 | Paramethoxyamphetamine | ||
30 | PCE (otherwise known as N-ethyl-1- phenylcyclohexylamine) | ||
31 | Phencyclidine | ||
32 | Phenmetrazine | ||
33 | PHP or PCPY (also known as 1-(1-phenylcyclohexyl) pyrrolidine) | ||
34 | Psilocine (otherwise known as 3-(2-dimethylaminoethyl)-4-hydroxyindole), including all fungi that contain psilocine | ||
35 | Psilocybin, including all fungi that contain psilocybin | ||
36 | STP, DOM (otherwise known as 2-amino-1-(2,5-dimethoxy-4-methyl)-phenylpropane) | ||
37 | TCP (otherwise known as 1-(1-(2-thienyl)cyclohexyl) piperidine) | ||
38 | 3,4,5,-trimethoxyamphetamine | ||
39 | Any drug of whatever kind that is or is likely to produce, or is capable of being converted into a substance that is or is likely to be productive of ill effects substantially of the same character or nature as, or anologous to, those produced by any of the drugs specified or referred to in the items listed in this Part |
3
Item | Description of drugs |
1 | Amfecloral |
2 | Amfepramone (otherwise known as diethylpropion) |
3 | Benzphetamine |
4 | Bufotenin (otherwise known as
3-(2-dimethylaminoethyl)-5-hydroxindole), including plants and parts of the
plants of the species |
Item | Description of drugs | ||
5 | Cathine | ||
6 | Chlorphentermine | ||
7 | Ephedrine | ||
8 | Ergometrine | ||
9 | Ergotamine | ||
10 | N-ethylamphetamine | ||
11 | Fencamfamin | ||
12 | Fenproporex | ||
13 | Harmaline (otherwise known as 4,9-dihydro-7-methoxy-1-methyl-(3H)pyrido (3,4-b)indole) | ||
14 | Harmine (otherwise known as 7-methoxyharman) | ||
15 | Hydroxyamphetamine (otherwise known as 4-(2-aminopropyl)phenol) | ||
16 | Lysergic acid, including the laevo isomer of lysergic acid | ||
17 | Mazindol | ||
18 | Mefenorex | ||
19 | Alphamethyltriptamine (otherwise known as (3-(2-aminopropyl)indole) | ||
20 | Phendimetrazine | ||
21 | Phentermine | ||
22 | Phenyl-2-propanone | ||
23 | Pipradol | ||
24 | Propylhexedrine | ||
25 | Pseudoephedrine | ||
26 | Pyrovalerone | ||
27 | SPA (otherwise known as levo-1-dimethylamino-1,2,-diphenylethane) | ||
28 | Any drug of whatever kind that is or is likely to produce, or is capable of being converted into a substance that is or is likely to be productive of ill effects substantially of the same character or nature as, or anologous to, those produced by any of the drugs specified or referred to in the items listed in this Part |
4
Item | Description of drugs |
1 | Alprazolam |
2 | Barbiturates, that is to say, 5,5-disubstituted barbituric acids, including compounds structurally derived from barbituric acid or thiobarbituric acid |
3 | Bromazepam |
4 | Camezepam |
5 | Chlordiazepoxide |
6 | Clobazam |
7 | Clonazepam |
Item | Description of drugs | ||
8 | Clorazapate | ||
9 | Clotiazepam | ||
10 | Cloxazolam | ||
11 | Delorazepam | ||
12 | Diazepam | ||
13 | Estazolam | ||
14 | Ethchlorvynol (otherwise known as ethyl-2-chlorvinyl ethinyl carbinol) | ||
15 | Ethinamate | ||
16 | Ethyl loflazepate | ||
17 | Fludiazepam | ||
18 | Flunitrazepam | ||
19 | Flurazepam | ||
20 | Glutethimide | ||
21 | Halazepam | ||
22 | Haloxazolam | ||
23 | Ketazolam | ||
24 | Loprazolam | ||
25 | Lorazepam | ||
26 | Lormetazepam | ||
27 | Medazepam | ||
28 | Meprobamate | ||
29 | Methyprylon | ||
30 | Midazolam | ||
31 | Nimetazepam | ||
32 | Nitrazepam | ||
33 | Nordazepam | ||
34 | Oxazepam | ||
35 | Oxazolam | ||
36 | Pemoline | ||
37 | Pinazepam | ||
38 | Prazepam | ||
39 | Temazepam | ||
40 | Tetrazepam | ||
41 | Triazolam |
1. Notified in the
2. 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 and 118.
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