Customs (Prohibited Imports) Regulations (Amendment) (Cth)

 

Statutory Rules

1974 No.244

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 Imports) Regulations 

Definitions.

1. Regulation 2 of the Customs (Prohibited Imports) Regulations is amended by omitting the definition of “ poppy straw ”.

Importation of certain drugs.

2. Regulation 5 of the Customs (Prohibited Imports) Regulations is amended—

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

(b) by omitting sub-regulation (3) and substituting the following sub- regulation:—

“ (3) The Director-General of Health shall grant an application for a licence or permission under this regulation unless the grant would not be consistent with such of the requirements referred to in sub-regulation (7) as are appropriate to the drug or drugs to which the application relates.”;

(c) by omitting paragraph (4) (b) and substituting the following paragraph:—

“ (b) the person shall, if drugs or substances and mixtures in the preparation of which a drug has been used are moved from one place to another, take adequate precautions to ensure that the removal is safely carried out;”;

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

  Statutory Rules 1956, No. 90, as amended by Statutory Rules 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, 89, 93, 162, 175, 217, 227, 228 and 262; and 1974 Nos.

15711/74—Recommended retail price 8c 10/11.12.1974

 

(d) by omitting from paragraph (4) (c) the words “ the Collector ” and substituting the words “ the Director-General of Health ”;

(e) by inserting after paragraph (4) (c) the following paragraph:—

“ (ea) 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 books referred to in paragraph (d);”;

(f) by omitting from paragraph (4) (f) the words “ the Collector ” and substituting the words “ the Director-General of Health or an authorized officer or the Comptroller ”;

(g) by omitting from sub-paragraph (4) (f) (i) the word “ and ”;

(h) by inserting after sub-paragraph (4) (f) (ii) the following word and sub-paragraph:—

“ ; and (iii) take any precautions necessary to ensure that there is no danger of loss or theft of drugs in his possession.”;

(j) by omitting from sub-regulation (5) the words “ the Collector ” and substituting the words “ the Director-General of Health ”; and

(k) by omitting sub-regulations (7) and (8) and substituting the following sub-regulations:—

“ (6) The Director-General of Health may—

(a) revoke a licence granted under this regulation if the holder of the licence has failed to comply with a requirement to which the licence is, by sub-regulation (4), subject; or

(b) revoke a permission granted under this regulation if the holder of the permission has failed to comply with a condition to which the licence is, by sub-regulation (5), subject,

and may revoke a licence or permission if it would not be consistent with such of the requirements referred to in sub-regulation (7) as are appropriate to the drug or drugs to which the licence or permission relates for the licence or permission to continue in force.

“ (7) The requirements appropriate to drugs that are, or are deemed to be, narcotic drugs arc the requirements of the Single Convention and the requirements appropriate to drugs that are psychotropic substances arc the requirements of the Psychotropic Substances Convention.

“ (8) For the purposes of this regulation, a drug that is not a narcotic drug or a psychotropic substance shall be deemed to be a substance specified in Schedule II of the Single Convention.

“ (9) The Director-General of Health or the Comptroller, in exercising a power or performing a function under this regulation, shall have regard to such of the requirements referred to in sub- regulation (7) as are appropriate and to no other matter.

“ (10) In this regulation—

‘ authorized officer ’ means an officer of the Department of Health authorized in writing by the Director-General of Health for the purposes of paragraph (4) (f);

‘ drug ’ includes 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.”.

Importation of therapeutic substances.

3. Regulation 5a of the Customs (Prohibited Imports) Regulations is amended by omitting paragraph (b) of sub-regulation (2).

First Schedule.

4. The First Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting items 12, 22 and 24.

Second Schedule.

5. The Second Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting items 5a, 5b, 5c, 26 and 28.

Fourth Schedule.

6. The Fourth Schedule to the Customs (Prohibited Imports) Regulations is amended—

(a) by inserting after item 14a the following items:—

“ 14ba	Cannabis
14bb	Cannabis resin

(b) by inserting after item 23a the following item:—

“ 23b  Difenoxin and its salts and preparations containing difenoxin or any of its salts

(c) by omitting item 27a;

(d) by inserting after item 41b the following item:—

“ 41bb  Heroin (Diacetylmorphine) ”;

(e) by inserting after item 45 the following item:—

“ 45a  Ketobemidone ”;

(f) by omitting from paragraph (b) of item 70 the word “ and ”;

(g) by inserting in item 70 after paragraph (c) the following word and paragraph:—

 “ and (d) opium prepared for smoking, including dross and any other form of charred opium ”

(h) by inserting after item 88 the following item:—

“ 88aa  SPA((-)-1-dimethylanline-1,2-diphenylethane) ”;

(j) by inserting after item 88a the following item:—

“ 88b  Tetrahydrocannabinol (1-hydroxy-3-pentyl-6a, 7, 8, 10a-tetrohydro-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 and

(k) by omitting item 91a and substituting the following item:—

“ 91a  Plants and parts of plants of the species Argyrcia nervosa, Ipomoea tricolor, Ipomoea violacea, Lophophora williamsii, Papaver bracteatum, Papaver somniferum (opium poppy), Piptailenia peregrina and Rivea corymbosa.”.

 

Saving of certain licences and permits.

7. Notwithstanding the amendments of regulation 5 of the Customs (Prohibited Imports) Regulations made by regulation 1 of these Regulations, a licence or permit granted under regulation 5 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 licence or permit was granted.

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