Customs (Prohibited Imports) Amendment Regulations 1999 (No. 3) (Cth)

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 3)

Statutory Rules 1999 No. 202

I, WILLIAM PATRICK DEANE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under theCustoms Act 1901.

Dated 9 September 1999.

WILLIAM DEANE

Governor-General

By His Excellency’s Command,

Amanda vanstone

Minister for Justice and Customs

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 3)1

Statutory Rules 1999 No. 2022

made under the

Customs Act 1901

   

Contents

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1Name of Regulations

 These Regulations are the Customs (Prohibited Imports) Amendment Regulations 1999 (No. 3).

2Commencement

 These Regulations commence on gazettal.

3Amendment of Customs (Prohibited Imports) Regulations 1956

Schedule 1 amends the Customs (Prohibited Imports) Regulations 1956.

Schedule 1Amendments

(regulation 3)

Part1Amendments

[1]Subregulation 5 (20), definition of authorized officer

substitute

authorised officer means an officer of the Department authorised in writing by the Secretary to be an authorised officer for paragraph (9) (b) or (e).

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

Note    The latest Administrative Arrangements Orders mentions which Minister administers the Therapeutic Goods Act 1989. A copy of the Orders can be found on the internet at 5 (20), after definition of report week

insert

Secretary means the Secretary to the Department.

[3]Subregulation 5A (8), after definition of relative

insert

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

Note    The latest Administrative Arrangements Orders mentions which Minister administers the Therapeutic Goods Act 1989. A copy of the Orders can be found on the internet at subregulation 5F (3)

insert

• (4)

  In this regulation:

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

Note    The latest Administrative Arrangements Orders mentions which Minister administers the Therapeutic Goods Act 1989. A copy of the Orders can be found on the internet at regulation 5F

insert

5GImportation of certain substances

• (1)

  The importation into Australia of a substance mentioned in Schedule 7A is prohibited unless:

  • (a)

    the person importing the substance is the holder of a permission to import the substance granted in writing by the Secretary or an authorised officer; and

  • (b)

    the permission is produced to a Collector.

• (2)

  Subregulation (1) does not apply to a substance if:

  • (a)

    the substance is required for the medical treatment of a person who is a passenger on a ship or aircraft; and

  • (b)

    the substance is imported into Australia on the ship or aircraft; and

  • (c)

    the substance was prescribed by a medical practitioner for that treatment; and

  • (d)

    the amount of the substance imported does not exceed the amount of the substance prescribed by the medical practitioner for the person receiving the treatment.

• (3)

  However, the exception in subregulation (2) does not apply to a substance if the substance is required for the medical treatment of:

  • (a)

    a person who is a competitor within the meaning of the Australian Sports Drug Agency Act 1990; or

  • (b)

    a person who has come to Australia for purposes relating to the performance of a competitor or the management of a competitor or a competitor's interests.

Examples of purposes mentioned in paragraph (3) (b)

1   Coaching or training a competitor.

2   Providing medical treatment or physiotherapy to a competitor.

3   Managing a competitor.

4   Managing public relations for a competitor.

• (4)

  A permission may specify:

  • (a)

    conditions or requirements to be complied with by the holder of the permission; and

  • (b)

    when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the substance to which the permission relates.

• (5)

  If the holder of a permission does not comply with a condition or requirement (if any) of the permission, the Secretary may, in writing, revoke the permission.

• (6)

  In this regulation:

authorised officer means an officer authorised in writing by the Secretary to be an authorised officer for this regulation.

medical practitioner means a person authorised to practice as a medical practitioner under a law of a State, a Territory or another country.

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

Note    The latest Administrative Arrangements Orders mentions which Minister administers the Therapeutic Goods Act 1989. A copy of the Orders can be found on the internet at 5H (1)

substitute

• (1)

  In this regulation:

authorised officer means an officer authorised in writing by the Secretary to be an authorised officer for this regulation.

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

Note    The latest Administrative Arrangements Orders mentions which Minister administers the Therapeutic Goods Act 1989. A copy of the Orders can be found on the internet at 5HA (1), definition of initial decision, after paragraph (a)

insert

• (ab)

  of the Secretary, or an authorised officer, under subregulation 5G (1) or (5); or

[8]Subregulation 5HA (1), definition of Minister

substitute

Minister means the Minister administering the Therapeutic Goods Act 1989.

Note    The latest Administrative Arrangements Orders mentions which Minister administers the Therapeutic Goods Act 1989. A copy of the Orders can be found on the internet at Schedule 7

insert

Schedule 7ASubstances the importation of which is prohibited if permission is not granted under regulation 5G

(regulation 5G)

Item	Substance
1	Erythropoietin

Part2Additional amendments

[10]Additional amendments

Provision	Omit each mention of	insert
Subparagraphs 5 (1) (a) (i) and (ii), subregulations 5 (3), (4), (5), (6) and (7), paragraph 5 (7) (a)	of the Department of Human Services and Health
Paragraphs 5 (9) (b) and (e)	of the Department of Human Services and Health or an authorized	or an authorised
Paragraphs 5 (9) (f), (g) and (h), subregulation 5 (10), paragraph 5 (10) (a)	of the Department of Human Services and Health
Subparagraphs 5 (10) (b) (i) and (ii) and 5 (10) (c) (i) and (ii)	authorizing	authorising
Paragraph 5 (12) (a)	authorized	authorised
Paragraphs 5 (12) (a) and (b)	of the Department of Human Services and Health
Paragraph 5 (12) (b)	authorizing	authorising
Paragraph 5 (15) (b), subregulations 5 (15), (16), (17), (18), (18A) and (19), subregulation 5 (20) (definition of authorised person)	of the Department of Human Services and Health
Subregulation 5 (20) (definition of medical practitioner)	authorized	authorised
Subregulations 5A (1), (4) and (6), subregulation 5A (8) (definitions of authorised officer and authorised person), subregulations 5F (1) and (3)	of the Department of Human Services and Health
Subregulation 5H (2)	of the Department of Human Services and Health or an authorized	or an authorised
Subregulation 5H (3)	of the Department of Human Services and Health or authorized	or authorised
Subregulation 5H (4), subregulation 5HA (1) (definition of initial decision, paragraphs (a) and (b))	of the Department of Human Services and Health

Notes

1. These Regulations amend Statutory Rules 1956 No. 90, as amended by 1958 Nos. 6 and 67; 1959 Nos. 17, 31 and 93; 1960 No. 22; 1961 No. 117; 1962 No. 82; 1963 No. 26; 1964 Nos. 25 and 39; 1965 Nos. 81, 91, 135, 167 and 190; 1966 No. 95; 1967 Nos. 41, 58, 114 and 178; 1968 Nos. 100, 141 and 161; 1969 Nos. 2, 7, 10, 39, 43 and 218; 1970 Nos. 8, 72, 105 and 194; 1972 No. 97; 1973 Nos. 5, 6, 42, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974 Nos. 123 and 249; 1975 Nos. 58, 62, 121, 172 and 183; 1976 Nos. 98, 159, 186 and 291; 1977 Nos. 18, 23, 24, 59, 67 and 162; 1978 No. 276; 1979 Nos. 145, 155 and 280; 1980 Nos. 71, 78, 150, 211, 368, 376, 380 and 382; 1981 Nos. 29, 71, 176, 309, 369 and 383; Act No. 75, 1981; Statutory Rules 1982 Nos. 44, 80, 102, 170, 236 and 252; 1983 No. 331; 1984 Nos. 55, 64, 102, 128, 260, 261, 317 and 318; 1985 Nos. 26, 96, 139, 160, 305 and 377; 1986 Nos. 180, 307, 342, 362 and 385; 1987 Nos. 37, 98, 101, 320 and 321; 1988 Nos. 64, 136, 177, 326, 327, 374 and 375; 1989 Nos. 60 and 379; 1990 Nos. 39, 191, 265, 324, 460 and 467; 1991 Nos. 23, 76, 248 and 289; 1992 Nos. 49, 154, 189, 286 and 413; 1993 Nos. 67, 211, 256, 257 and 382; 1994 Nos. 104, 171, 241, 314 and 378; 1995 Nos. 15, 89, 403 and 412; 1996 Nos. 31, 59, 68, 91, 123, 226, 324 and 325; 1997 Nos. 22, 93, 129, 254, 285, 317, 385 and 386; 1998 Nos. 4, 52, 58 and 228; 1999 Nos. 165 and 201.

2. Made by the Governor-General on 9 September 1999, and notified in the Commonwealth of Australia Gazette on 16 September 1999.