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

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STATUTORY RULES

1969

No. 219

REGULATIONS UNDER THE CUSTOMS ACT 1901-1968.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1968.

Dated this twenty-seventh day of December, 1969.

Paul Hasluck

Governor-General.

By His Excellency’s Command,

(Sgd) D. L. CHIPP

Minister of State for Customs and Excise.

Amendments of the Customs (Prohibited Exports) Regulations 

Interpretation.

1. Regulation 2 of the Customs (Prohibited Exports) Regulations is amended by omitting sub-regulation (1.) and inserting in its stead the following sub-regulation:—

“ (1.) In these Regulations, unless the contrary intention appears—

‘ licensed exporter ’ means a person who holds a licence granted under regulation 10a of these Regulations, being a licence that is in force;

‘ poppy straw ’ means any part (other than the seeds) of the opium poppy (Papaver Somniferum).”.

Exportation of certain drugs.

2. After regulation 9 of the Customs (Prohibited Exports) Regulations the following regulations are inserted:—

“ 10.—(1.) The exportation from Australia of a drug specified in the Eighth Schedule is prohibited—

(a) unless the drug is exported from Australia by a person who is a licensed exporter; and

(b) unless the Collector has, by an instrument in writing that is in force, granted permission for the exporter, being a licensed exporter, to export the drug to a specified country and—

(i) the drug is exported from Australia within three months after the Collector granted that permission; and

(ii) the drug is consigned to the country to which the Collector has, by that instrument, granted that exporter permission to export the drug.

* Notified in the Commonwealth Gazette on  1969.

  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; and 1969, Nos. 11, 21 and 22.

14307/69—Price 10c  10/2.12.1969

 

“ (2.) The exportation of a drug specified in the Eighth Schedule from Australia to another country through the Post Office is prohibited unless the Collector has, in the instrument granting a licensed exporter permission to export the drug to that other country, or in another instrument in writing that is in force, authorized the exportation of the drug through the Post Office to that other country.

“ (3.) An application for a permission to export a drug specified in the Eighth Schedule—

(a) shall be lodged with the Collector; and

(b) shall be taken not to have been duly made unless—

(i) it is in writing; and

(ii) it specifies the country to which the drug is to be exported.

“ (4.) Without limiting the application of the last preceding sub-regulation, an application for a permission to export a drug specified in Part 1 of the Eighth Schedule shall be taken not to have been duly made unless it is accompanied by an authorization from the appropriate governmental authority of the country to which the drug is to be exported authorizing the importation of the drug into that country.

Licensed exporters.

“ 10a.—(1.) An application for the grant of a licence to act as the exporter of drugs specified in the Eighth Schedule shall be in writing and shall be lodged with the Collector.

“ (2.) The Collector may, in his discretion, grant or refuse to grant to a person a licence to act as an exporter of drugs specified in the Eighth Schedule.

“ (3.) A licence granted under the last preceding sub-regulation remains in force, subject to the next succeeding sub-regulation, for such period as is specified in the licence.

“ (4.) Where a licensed exporter—

(a) fails to comply with a condition of his licence; or

(b) exports from Australia a drug specified in the Eighth Schedule in contravention of a provision of regulation 10 of these Regulations,

the Collector may, by notice in writing to the exporter, revoke the licence.

Conditions of licences under regulation 10a.

“ 10b. A licence granted under regulation 10a of these Regulations is subject to compliance by the person to whom it is granted with the following requirements:—

(a) the person shall record, in a book kept by him for that purpose, in respect of each drug specified in the Eighth Schedule exported by him from Australia:—

(i) the date on which he exports any quantity of the drug;

(ii) the quantity of the drug he exports on that date; and

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

(b) theperson shall retain the books so kept by him until the Collector approves their destruction; and

(c) the person shall, when required to do so by the Collector, at any reasonable time of the day, produce the books for examination by, and permit extracts from or copies of the books to be taken by an officer authorized by the Collector.”.

 

Second Schedule.

3. The Second Schedule to the Customs (Prohibited Exports) Regulations is amended—

(a) by omitting from the heading to that Schedule the words—

“ Part I.—General.”; and

(b)by omitting Part II. of that Schedule.

Eighth Schedule.

4. After the Seventh Schedule to the Customs (Prohibited Exports) Regulations the following Schedule is inserted:—

“ Eighth Schedule Reg. 10.

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

Part 1—Narcotic Drugs

Item No

Description of Drugs

1

Acetorphine and its salts and preparations containing acetorphine or any of its salts

2

Acetyldihydrocodeine and its salts and preparations containing acetyldihydrocodeine or any of its salts

3

Acetylmethadol and its salts and preparations containing acetylmethadol or any of its salts

4

Allylprodine and its salts and preparations containing allylprodine or any of its salts

5

Alphacetylmethadol and its salts and preparations containing alphacetylmethadol or any of its salts

6

Alphameprodine and its salts and preparations containing alphameprodine or any of its salts

7

Alphamethadol and its salts and preparations containing alphamethadol or any of its salts

8

Alphaprodine and its salts and preparations containing alphaprodine or any of its salts

9

Anileridine and its salts and preparations containing anileridine or any of its salts

10

Benzethidine and its salts and preparations containing benzethidine or any of its salts

11

Benzylmorphine and its salts and preparations containing benzylmorphine or any of its salts

12

Betacetylmethadol and its salts and preparations containing betacetylmethadol or any of its salts

13

Betameprodine and its salts and preparations containing betameprodine or any of its salts

14

Betamethadol and its salts and preparations containing betamethadol or any of its salts

13

Betaprodine and its salts and preparations containing betaprodine or any of its salts

16

Bezitramide and its salts and preparations containing bezitramide or any of its salts

17

Clonitazene and its salts and preparations containing clonitazene or any of its salts

18

Coca leaves, being the leaves of any plant or any species of the genus erythroxylon from which cocaine can be extracted either directly or by chemical transformation

19

Cocaine and its salts (including solutions or dilutions of cocaine or any of its salts in an inert substance, whether liquid or solid) ; and cocaine preparations containing more than the equivalent of 0.1% of cocaine

20

Codeine (methylmorphine) and its salts and preparations containing codeine or any of its salts

21

Codeine-N-oxide and its salts and preparations containing codeine-N-oxide or any of its salts

22

Codoxime and its salts and preparations containing codoxime or any of its salts

23

Concentrate of poppy straw (being an extract of poppy straw that contains the alkaloids of poppy straw)

24

Desomorphine (dihydrodeoxymorphine) and its salts and preparations containing desomorphine or any of its salts

25

Dextromoramide and its salts and preparations containing dextromoramide or any of its salts

26

Diampromide and its salts and preparations containing diampromide or any of its salts

27

Diothylthiambutene and its salts and preparations containing diethylthiambutene or any of its salts

28

Dihydrocodeine and its salts and preparations containing dihydrocodeine or any of its salts

EIGHTH SCHEDULE—continued

Item Νo.

Description of Drugs

29

Dihydromorphine and its salts and preparations containing dihydromorphine or any of its salts

30

Dimenoxadol and its salts and preparations containing dimenoxadol or any of its salts

31

Dimepheptanol and its salts and preparations containing dimopheptanol or any of its salts

32

Dimethylthiambutene and its salts and preparations containing dimethylthiambutene or any of its salts

33

Dioxaphetyl butyrate and its salts and preparations containing dioxaphetyl butyrate or any of its salts

34

Diphenoxylate and its salts and preparations containing diphenoxylate or any of its salts

35

Dipipanone and its salts and preparations containing dipipanone or any of its salts

36

Ecogonine (iaevo-ecgonine and derivatives of laevo-ecgonine capable of being used for the recovery of ecgonine), its salts and preparations containing ecgonine or any of its salts

37

Esters of desomorphine, dihydromorphine, ecgonine, hydrocodone, hydromorphonemorphine (other than diacetylmorphine), oxycodone, thebacon and ,1-methyl-4, phenylpiperidine-4-carboxylic acid and their salts and preparations containing any of the esters of desomorphine, dihydromorphine, ecgonine, hydrocodone, hydromorphone, morphine (other than diacotylmorphine), oxycodone, thebacon or 1-methyl-4-phenylpiperidine-4-carboxylic acid or any of the salts of any of those esters

38

Ethers of morphine and the salts of those ethers and preparations containing an ether of morphine or any of the salts of an ether of morphine

39

Ethylmethylthiambutene and its salts and preparations containing ethylmethylthiambutene or any of its salts

40

Ethylmorphine and its salts and preparations containing ethylmorphine or any of its salts

41

Etonitazene and its salts and preparations containing etonitazene or any of its salts

42

Etorphine and its salts and preparations containing etorphine or any of its salts

43

Etoxeridine and its salts and preparations containing etoxeridine or any of its salts

44

Fentanyl and its salts and preparations containing fentanyl or any of its salts

45

Furethidine and its salts and preparations containing furethidine or any of its salts

46

Hydrocodone (dihydrocodeinone) and its salts and preparations containing hydrocodone or any of its salts

47

Hydromorphinol and its salts and preparations containing hydromorphinol or any of its salts

48

Hydromorphone (dihydromorphinone) and its salts and preparations containing hydromorphone or any of its salts

49

Hydroxypethidine and its salts and preparations containing hydroxypethidine or any of its salts

50

Isomethadone and its salts and preparations containing isomethadone or any of its salts

51

Levomethorphan and its salts and preparations containing levomethorphan or any of its salts

52

Levomoramide and its salts and preparations containing levomoramide or any of its salts

53

Levophenacylmorphan and its salts and preparations containing levophenacylmorphan or any of its salts

54

Levorphanol and its salts and preparations containing levorphanol or any of its salts

55

Metazocine and its salts and preparations containing metazocine or any of its salts

56

Methadone and its salts and preparations containing methadone or any of its salts

57

Methadone-Intermediate and its salts and preparations containing methadone-inter-mediate or any of its salts

58

Methyldesorphine and its salts and preparations containing methyldesorphine or any of its salts

59

Methyldihydromorphine and its salts and preparations containing methyldihydromorphine or any of its salts

60

Metopon (methyldihydromorphinone) and its salts and preparations containing metopon or any of its salts

61

Maramide-Intermediate and its salts and preparations containing moramide-intermediate or any of its salts

62

Morpheridine (morpholinoethylnorpethidine) and its salts and preparations containing morpheridine or any of its salts

63

Morphine and its salts (including solutions or dilutions of morphine or any of its salts in an inert substance, whether liquid or solid); and morphine preparations containing more than the equivalent of 0.2% of anhydrous morphine

64

Morphine-N-oxide, the derivatives of morphine-N-oxide, all other pentavalent nitrogen morphine derivatives and preparations containing any of those substances

65

Myrophine (myristyl ester of benzylmorphine) and its salts and preparations containing myrophine or any of its salts

66

Nicocodine and its salts and preparations containing nicocodine or any of its salts

67

Nicodicodine and its salts and preparations containing nicodicodine or any of its salts

EIGHTH SCHEDULE—continued

Item No.

Description of Drugs

68

Nicomorphine (di-nicotinic acid ester of morphine) and its salts and preparations containing nicomorphine or any of its salts

69

Noracymethadol and its salts and preparations containing noracymethadol or any of its salts

70

Norcodeine and its salts and preparations containing norcodeine or any of its salts

71

Norlevorphanol and its salts and preparations containing norlevorphanol or any of its salts

72

Normethadone and its salts and preparations containing normethadone or any of its salts

73

Normorphine (N-demethylated morphine) and its salts and preparations containing normorphine or any of its salts

74

Norpipanone and its salts and preparations containing norpipanon· or any of its salts

75

Opium 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 containing more than 0.2% of anhydrous morphine; and

(c) raw opium, including non-medicinal, powdered and granulated forms of raw opium

76

Oxycodone (dihydrohydroxycodeinone) and its salts and preparations containing oxycodone or any of its salts

77

Oxymorphone (dihydrohydroxymorphinone) and its salts and preparations containing oxymorphone or any of its salts

78

Pethidine and its salts and preparations containing pethidine or any of its salts

79

Pethidine-Intermediate A and its salts and preparations containing pethidine-inter-mediate A or any of its salts

80

Pethidine-Intermediate Β and its salts and preparations containing pethidine-intermediate Β or any of its salts

81

Pethidine-Intermediate C and its salts and preparations containing pethidine-intermediate C or any of its salts

82

Phenadoxone and its salts and preparations containing phenadoxone or any of its salts

83

Phenampromide and its salts and preparations containing phenampromide or any of its salts

84

Phenazocine and its salts and preparations containing phenazocine or any of its salts

85

Phenomorphan and its salts and preparations containing phenomorphan or any of its salts

86

Phenoperidine and its salts and preparations containing phenoperidine or any of its salts

87

Pholcodine and its salts and preparations containing pholcodine or any of its salts

88

Piminodine and its salts and preparations containing piminodine or any of its salts

89

Piritramide and its salts and preparations containing piritramide or any of its salts

90

Proheptazine and its salts and preparations containing proheptazine or any of its salts

91

Propendine and its salts and preparations containing propendine or any of its salts

92

Racemethorphan and its salts and preparations containing racemethorphan or any of its salts

93

Racemoramide and its salts and preparations containing racemoramide or any of its salts

94

Racemorphan and its salts and preparations containing racemorphan or any of its salts

95

Thebacon (acetyldihydrocodeinone) and its salts and preparations containing thebacon or any of its salts

96

Thebaine and its salts and preparations containing thebaine or any of its salts

97

Trimeperidine and its salts and preparations containing trimeperidine or any of its salts

98

Any drug of whatever kind which is or is likely to be productive, 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 morphine or cocaine

EIGHTH SCHEDULE—continued

Part 2—Drugs, other than Narcotic Drugs

Item No.

Description of Drugs

99

Amfecloral and its salts and preparations containing amfecloral or any of its salts

100

Amphetamine and its salts and preparations containing amphetamine or any of its salts

101

Barbituric acid, any drug derived from barbituric acid and preparations containing a drug so derived

102

Chlorphentermine and its salts and preparations containing chlorphentermine or any of its salts

103

Dexamphetamine and its salts and preparations containing dexamphetamine or any of its salts

104

Diethylpropion and its salts and preparations containing diethylpropion or any of its salts

105

Hydroxyamphetamine and its salts and preparations containing hydroxyamphetamine or any of its salts

106

Methylamphetamine and its salts and preparations containing methylamphetamine or any of its salts

107

Methylphenidate and its salts and preparations containing methylphenidate or any of its salts

108

Phendimetrazine and its salts and preparations containing phendimetrazine or any of its salts

109

Phenmetrazine and its salts and preparations containing phenmetrazine or any of its salts

110

Phenyl tertiarybutylamine resinate and its salts and preparations containing phenyl tertiarybutylamine resinate or any of its salts

111

Pipradol and its salts and preparations containing pipradol or any of its salts ”.

Printed for the Government of the Commonwealth by W. G. MurrAy at the Government Printing Office, Canberra

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