Customs (Prohibited Imports) Regulations (Amendment) (Cth)
REGULATIONS UNDER THE
CUSTOMS ACT 1901
I, THE GOVERNOR-GENERAL of the Commonwealth
of Australia, acting with the advice of the Federal Executive Council, hereby
make the following Regulations under the
Dated this twenty-second day of December 1980.
ZELMAN COWEN
Governor-General
By His Excellency’s Command,
JOHN MOORE
Minister of State for Business and Consumer Affairs
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AMENDMENTS OF THE CUSTOMS (PROHIBITED IMPORTS)
REGULATIONS
Interpretation
1. Regulation 2 of the Customs (Prohibited Imports) Regulations is amended by inserting after the definition of “pistol” in sub-regulation (1) the following definition:“ ‘poppy straw’ means any part (other than the seeds) of the opium poppy (
Papaver somniferum );”.
2. Regulation 5 of the Customs (Prohibited Imports) Regulations is repealed and the following regulation substituted:
Importation of drugs “5. (1) Subject to sub-regulation (2), the importation into Australia of a drug is prohibited unless—
(a) the person importing the drug is the holder of—
(i) a licence to import drugs granted by the Director-General of Health under this regulation; and
(ii) a permission to import the drug granted by the Director-General of Health under this regulation;
(b) the permission referred to in sub-paragraph (a) (ii), or a copy of the permission, is produced to the Collector;
(c) the drug is imported within the period specified in the permission referred to in sub‑paragraph (a) (ii); and
(d) the quantity of the drug that is imported does not exceed—
(i) except where sub-paragraph (ii) applies—the quantity specified in the permission referred to in paragraph (a) (ii) in relation to the drug; or
(ii) where the Collector has given a certificate or certificates under sub‑regulation (14)—the difference between the quantity specified in the permission in relation to the drug and the quantity specified in the certificate, or, if more than one certificate has been given, the total of the quantities specified in those certificates, in relation to the drug.
“(2) Sub-regulation (1) does not apply to or in relation to—
(a) a drug in respect of the importation of which an approval is in force under sub‑regulation (3); or
(b) a drug that is imported into Australia by a person who is a passenger on board a ship or aircraft if the drug—
(i) is required for the medical treatment of the person or of another passenger under the care of the person;
(ii) was prescribed by a medical practitioner for the purposes of that treatment; and
(iii) was supplied to the person in accordance with the prescription of the medical practitioner referred to in sub-paragraph (ii).
“(3) The Minister may, on the recommendation of the Director-General of Health, by notice published in the
Gazette , approve the importation into Australia of a drug specified in, or included in a class of drugs specified in, the notice.“(4) An application for a licence to import drugs or for a permission to import a drug shall be in writing and shall be lodged with the Director-General of Health.
“(5) Where a person makes, in accordance with sub-regulation (4), an application for a licence or permission referred to in that sub-regulation, the Director-General of Health shall, subject to this regulation, grant to the person the licence or permission, as the case may be.
“(6) An applicant for a licence or permission referred to in sub-regulation (4) shall, on being so requested by the Director-General of Health, furnish in writing to the Director-General of Health such information as the Director-General of Health reasonably may require in relation to the application.
“(7) The Director-General of Health shall not grant to an applicant a licence to import drugs unless—
(a) the applicant has furnished all the information requested by the Director-General of Health under sub-regulation (6);
(b) the applicant is a fit and proper person to be granted a licence to import drugs;
(c) the persons (if any) that the applicant—
(i) has appointed, or proposes to appoint, as agents; or
(ii) has employed or proposes to employ,
for the purposes of the business carried on by him in relation to drugs, are fit and proper persons to be so appointed as agents or so employed; and
(d) the premises on which the applicant proposes to keep the drugs that will come within his possession during the currency of the licence are secure for that purpose.
“(8) A licence to import drugs shall, unless previously revoked, remain in force for such period as is specified in the licence.
“(9) A licence to import drugs is granted subject to compliance by the holder of the licence with the following conditions or requirements:
(a) the holder of the licence shall—
(i) keep in safe custody at all times any drug that is in his possession; and
(ii) if the drug is moved from one place to another, take adequate precautions to ensure that the removal is safely carried out;
(b) the holder of the licence shall take such reasonable precautions as the Director-General of Health or an authorized officer, or the Comptroller, directs for the purpose of ensuring that there is no danger of loss or theft of any drug in the possession of the holder of the licence;
(c) the holder of the licence shall not dispose of any drug, being a drug referred to in paragraph (a) of the definition of ‘drug’ in sub-regulation (20), unless he is satisfied that the drug will be used solely for medical or scientific purposes;
(d) the holder of the licence shall record in a book kept for that purpose—
(i) the name and quantity of each drug that is in his possession and, where any such drug has been obtained from another person, the name and address of that other person;
(ii) where the holder of the licence supplies any quantity of a drug to another person—the quantity of the drug so supplied and the name and address of the other person; and
(iii) where the holder of the licence uses a drug in the manufacture of another drug or an exempted preparation—the quantity of the drug used, lost, destroyed, evaporated or wasted in that manufacture and the quantity and nature of the other drug or exempted preparation manufactured;
(e) the holder of the licence shall, when required by the Director-General of Health or an authorized officer, or the Comptroller, produce to that person for examination—
(i) any book kept in accordance with paragraph (d); and
(ii) any drug in the possession of the holder of the licence;
(f) the holder of the licence shall retain any book kept in accordance with paragraph (d) until the Director-General of Health approves of its destruction;
(g) the holder of the licence shall, within 5 days after the expiration of a report week, furnish to the Director-General of Health a return setting out the entries recorded in respect of the report week in the book referred to in paragraph (d);
(h) the holder of the licence shall, within 14 days after receiving a notice in writing from the Director-General of Health, furnish to the Director-General of Health such information as is requested in the notice, being information with respect to—
(i) the orders for drugs placed with the holder of the licence within such period immediately preceding the date of the notice as is specified in the notice;
(ii) the orders for drugs that the holder of the licence reasonably expects to be placed with him within such period immediately following the date of the notice as is specified in the notice; or
(iii) any proposal of the holder of the licence to manufacture or sell by wholesale, within such period immediately following the date of the notice as is specified in the notice, a drug that he has not previously manufactured or sold by wholesale;
(j) the holder of the licence shall in respect of each permission to import a drug that is granted to him during the currency of the licence, being a permission that specifies a condition or requirement to be complied with by him, comply with that condition or requirement.
“(10) The Director-General of Health shall not grant to an applicant a permission to import a drug unless—
(a) the applicant has furnished all the information requested by the Director-General of Health under sub-regulation (6);
(b) in the case of a drug that is included in Schedule 1 or 2 to the Single Convention—
(i) where the drug is required by the applicant for the manufacture of a drug at certain premises-if the
Narcotic Drugs Act 1967 applies in relation to that manufacture, the applicant is, for the purposes of that Act, the holder of a manufacturer’s licence in relation to the manufacture of the last-mentioned drug at those premises and, if, under a law of the State or Territory in which those premises are situated, the manufacture of that drug is prohibited unless a licence to manufacture the drug has been granted under that law, the applicant is, for the purposes of that law, the holder of a licence authorizing him to manufacture the drug at those premises;(ii) where the drug is required by the applicant for the purposes of his business as a seller or supplier of drugs—the applicant is, under a law of the State or Territory in which the premises at or from which he conducts that business are situated, the holder of a licence authorizing him to sell or supply the drug at or from those premises; or
(iii) where sub-paragraphs (i) and (ii) do not apply—the drug is required by the applicant for medical or scientific purposes;
(c) in the case of a drug that is not included in Schedule 1 or 2 to the Single Convention—
(i) where the drug is required by the applicant for the manufacture of a drug at certain premises and, under a law of the State or Territory in which those premises are situated, the manufacture of the drug is prohibited unless a licence to manufacture the drug has been granted—the applicant is, for the purposes of that law, the holder of a licence authorizing him to manufacture the drug at those premises;
(ii) where the drug is required by the applicant for the purposes of his business as a seller or supplier of drugs and, under a law of the State or Territory in which the premises at or from which he conducts that business are situated, the sale or supply of the drug is prohibited unless a licence to sell or supply the drug has been granted—the applicant is, for the purposes of that law, the holder of a licence authorizing him to sell or supply the drug at or from those premises; or
(iii) where sub-paragraphs (i) and (ii) do not apply and the drug is a drug referred to in paragraph (a) of the definition of ‘drug’ in sub-regulation (20)—the drug is required by the applicant for medical or scientific purposes; and
(d) proper arrangements have been made by the applicant for the safe transportation and safe custody of the drug after the drug has been delivered for home consumption.
“(11) A permission to import a drug shall be in writing and shall specify—
(a) the name and address of the holder of the permission;
(b) the name of the supplier of the drug and his address in the country from which the drug is exported;
(c) the name by which the drug is commonly known and the international non‑proprietary name (if any) of the drug;
(d) the quantity of the drug that the holder of the permission may import;
(e) where the drug is a pharmaceutical product—
(i) the form in which the drug is to be imported; and
(ii) in the case of a drug referred to in paragraph (d) of the definition of ‘drug’ in sub-regulation (20)—the strength of the active ingredient, or each active ingredient, as the case may be, that is contained in, or is part of, the drug; and
(f) the period during which the importation may be effected under the permission.
“(12) A permission to import a drug shall not, where the drug is included in Schedule I or II of the Single Convention, specify, as the quantity of the drug that may be imported during the period specified in the permission, a quantity that, together with—
(a) the total quantity (if any) of the drug the importation of which during the year within which the specified period occurs (in this sub-regulation referred to as the ‘relevant year’) has already been authorized by the Director-General of Health; and
(b) the total quantity of the drug in respect of which, having regard to the information furnished to the Director-General of Health under sub-regulation (6) or paragraph (9) (h) by other persons holding a licence to import drugs, those persons may reasonably be expected to apply for permission authorizing the importation of the drug during the relevant year,
exceeds the amount that, in accordance with the requirements of the Single Convention, has been determined to be the maximum amount of that drug that may be imported into Australia during the relevant year.
“(13) A permission to import a drug may specify conditions or requirements, being conditions or requirements with respect to the possession, safe custody, transportation, use or disposal of the drug, to be complied with by the holder of the permission and may, in respect of any such condition or requirement, specify the time, being a time before or after the importation of the drug, at which the condition or requirement is to be complied with by the holder of the permission.
“(14) Where a drug is imported in pursuance of a permission granted under this regulation, the Collector shall, by writing under his hand inscribed on the permission, certify—
(a) the quantity of the drug so imported; and
(b) the date on which it was imported.
“(15) Where—
(a) for reasons outside the control of the holder of a permission to import a drug, the quantity, or any part of the quantity, of the drug specified in the permission could not be imported, or cannot reasonably be expected to be imported, within the period specified in the permission; and
(b) the holder of the permission (whether before or after the expiration of the period specified in the permission) applies in writing to the Director-General of Health for a variation of the period during which the importation of the drug may be effected,
the Director-General of Health may, by writing under his hand endorsed on, or attached to, the permission, specify a period other than the period specified in the permission as the period during which the importation of the drug may be effected.
“(16) Where the Director-General of Health has specified a period under sub-regulation (15) in relation to the importation of a drug, that period shall, for the purposes of paragraph (1) (c), be deemed to be the period specified in the permission.
“(17) Where the holder of a licence to import drugs fails to comply with a condition or requirement set out in sub-regulation (9), the Director-General of Health may revoke the licence, whether or not the holder of the licence is charged with an offence against sub‑section 50 (4) of the Act in respect of the failure to comply with the condition or requirements.
“(18) Where—
(a) a permission to import a drug specifies a condition or requirement to be complied with by the holder of the permission; and
(b) the holder of the permission fails to comply with the condition or requirement,
the Director-General may revoke the permission, whether or not the holder of the permission is charged with an offence against sub-section 50 (4) of the Act in respect of the failure to comply with the condition or requirement.
“(19) The Director-General of Health shall, before the commencement of each year, cause to be published in the
Gazette in relation to that year, a notice entitled ‘Movements of Drugs of Dependence Calendar’ in which shall be set out the periods that are, for the purposes of this regulation, report weeks in respect of that year.“(20) In this regulation—
‘authorized officer’ means an officer of the Department of Health authorized in writing by the Director-General of Health for the purpose of paragraph (9) (b) or (e);
‘derivative’ means—
(a) in relation to a chemical or compound-any substance chemically derived from the chemical or compound and from which the chemical or compound may be regenerated, and includes a salt of the chemical or compound; and
(b) in relation to an isomer, or a mixture of isomers, of a chemical or compound-any substance chemically derived from the isomer or mixture of isomers and from which the isomer or mixture of isomers may be regenerated, and includes a salt of the isomer or mixture of isomers;
‘drug’ means—
(a) a chemical, compound, or other substance or thing, that is included in the Fourth Schedule;
(b) an isomer or a mixture of isomers of a chemical or compound referred to in paragraph (a);
(c) a derivative of—
(i) a chemical or compound referred to in paragraph (a); or
(ii) an isomer or mixture of isomers referred to in paragraph (b);
(d) a substance or thing, other than an exempted preparation, that contains, or consists in part of—
(i) a chemical, compound, or other substance or thing, referred to in paragraph (a);
(ii) an isomer or mixture of isomers referred to in paragraph (b); or
(iii) a derivative referred to in paragraph (c); or
(e) a chemical or compound, other than a chemical or compound that is a drug by virtue of another paragraph of this definition, that, in the manufacture by a chemical process of a chemical or compound referred to in paragraph (a), is an immediate precursor of that chemical or compound;
‘exempted preparation’ means a substance or thing that is a preparation included in Schedule III to the Single Convention;
‘manufacture’ means—
(a) in relation to a drug—the carrying out of any process by which the drug may be obtained and includes—
(i) the refining of the drug;
(ii) the transformation of another drug into the drug;
(iii) the mixing or compounding of 2 or more drugs to make the drug;
(iv) the preparation of tablets, pills, capsules, ampoules or other pharmaceutical products consisting of, or containing, the drug; and
(v) the packing or re-packing of the drug;
but does not include the carrying out of any process referred to in sub-paragraph (iii), (iv), or (v) that is carried out by, or under the responsibility of, a person in the course of his business as a pharmacist for the purpose of supplying a quantity of the drug to another person; and
(b) in relation to an exempted preparation—the carrying out of any process by which the exempted preparation may be obtained other than such a process carried out by, or under the responsibility of, a person in the course of his business as a pharmacist for the purpose of supplying the exempted preparation to another person;
‘medical practitioner’ means a person authorized to practice as a medical practitioner under the law of a State, a Territory or another country;
‘report week’ means each period that is set out as being a report week in a notice published in accordance with sub-regulation (19);
‘Single Convention’ means the Single Convention on Narcotic Drugs, 1961, being the Convention of that name that was adopted and opened for signature at New York on 30 March 1961, as amended and existing on the commencement of this regulation;
‘year’ means a period of 12 months commencing on 1 January.’.
Fourth Schedule
3. The Fourth Schedule to the Customs (Prohibited Imports) Regulations is repealed and the Schedule set out in the Schedule to these Regulations substituted.
Savings
4. (1) A licence to import drugs granted to a person under regulation 5 of the Customs (Prohibited Imports) Regulations as in force immediately before the commencement of these Regulations, being a licence that was in force immediately before the commencement of these Regulations, shall, for the purposes of regulation 5 of the Customs (Prohibited Imports) Regulations as amended by these Regulations—
(a) be deemed to be a licence to import drugs granted to the person under that regulation as so amended; and
(b) remain in force, unless previously revoked, until such time as a licence to import drugs is granted to the person under that regulation as so amended.
(2) Where a permission in writing to an importation of a drug granted to a person under regulation 5 of the Customs (Prohibited Imports) Regulations as in force immediately before the commencement of these Regulations specifies, as the period during which the drug may be imported, a period that ends on a date (in this sub-regulation referred to as the “expiry date”) after the commencement of these Regulations, the permission shall, for the purposes of regulation 5 of the Customs (Prohibited Imports) Regulations as amended by these Regulations, be deemed—
(a) to be a permission to import the drug granted to the person under that regulation as so amended; and
(b) to specify a period that commences on the commencement of these Regulations and ends on the expiry date.
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Regulation 3
FOURTH SCHEDULE TO THE CUSTOMS (PROHIBITED IMPORTS) REGULATIONS
Regulation 5
DRUGS
| Allyprodine |
| 3 (2-Aminopropyl) indole |
| Amphecloral |
| Amphetamine, but not including levoamphetamine |
| Anileridine |
| Barbiturates belonging to the class of 5,5-disubstituted barbituric and thiobarbituric acids including compounds structurally derived from those acids |
| Benzethidine |
| Benzylmorphine |
| Bezitramide |
10 | 4-Bromo-2,5-dimethoxyamphetamine |
11 | Bufotenine |
12 | Cannabinoids |
13 | Cannabis |
14 | Cannabis resin |
15 | Chlorphentermine |
16 | Clonitazene |
17 | Cocaine |
18 | Codeine |
19 | Desomorphine |
20 | Dexamphetamine |
21 | Dextromoramide |
22 | Dextropropoxyphene |
23 | Diampromide |
24 | Diethylpropion (Amfepramone) |
25 | Diethylthiambutene |
26 | N,N-Diethyltryptamine |
27 | Difenoxin |
28 | Dihydrocodeine |
29 | Dihydromorphine |
30 | Dimenoxadol |
31 | Dimepheptanol (Methadol) |
32 | 2,5-Dimethoxy-4-methylamphetamine |
33 | 1-Dimethylamino-1,2-diphenylethane |
34 | Dimethylthiambutene |
35 | N,N-Dimethytryptamine |
36 | Dioxaphetyl Butyrate |
37 | Diphenoxylate |
38 | Dipipanone |
39 | Drotebanol |
40 | Ecgonine |
41 | Ergometrine |
42 | Ergot |
43 | Ergotamine |
44 | Ethchlorvynol |
45 | Ethinamate |
46 | Ethylmethythiambutene |
47 | Ethylmorphine |
48 | Etonitazene |
49 | Etorphine |
50 | Etoxeridine |
51 | Fentanyl |
52 | Furethidine |
53 | Glutethimide |
54 | Hydrocodone |
55 | Harmaline |
56 | Harmine |
57 | Heroin |
58 | Hydromorphinol |
59 | Hydromorphone |
60 | Hydroxyamphetamine |
61 | Hydroxypethidine |
62 | Ibogaine |
63 | Isomethadone |
64 | Ketobemidone |
65 | Levophenacylmorphan |
66 | Lysergamide |
67 | Lysergic Acid |
68 | Lysergide |
69 | Mecloqualone |
70 | Meprobamate |
71 | Meprodine |
72 | Mescaline |
73 | Metazocine |
74 | Methadone |
75 | Methaqualone |
76 | Methorphan, but not including dextromethorphan |
77 | Methyprylon |
78 | Methylamphetamine |
79 | Methyldihydromorphine |
80 | 3,4-Methylenedioxyamphetamine |
81 | Methylphenidate |
82 | Metopon |
83 | Moramide |
84 | Morphan, but not including dextrorphanol |
85 | Morpheridine |
86 | Morphine |
87 | Noracymethadol |
88 | Norlevorphanol |
89 | Normethadone |
90 | Normorphine |
91 | Norpipanone |
92 | Opium |
93 | Oxymorphone |
94 | Pentazocine |
95 | Pethidine |
96 | Phenadoxone |
97 | Phenampromide |
98 | Phenazocine |
99 | Phencyclidine |
100 | Phendimetrazine |
101 | Phenmetrazine |
102 | Phenomorphan |
103 | Phenoperidine |
104 | Phentermine |
105 | Pholcodine |
106 | Piminodine |
107 | Pipradrol |
108 | Piritramide |
109 | Plants and parts of plants of the species Argyreia nervosa, Ipomoea hederacea, Ipomoea tricolor, Ipomoea violacea, Papaver bracteatum, Piptadenia peregrina (Anadenanthera peregrina) or Rivea Corymbosa or of any species of the genus Lophophora Coulter. |
110 | Poppy Straw |
111 | Prodine |
112 | Proheptazine |
113 | Properidine |
114 | Propiram |
115 | Psilocine |
116 | Psilocybine |
117 | Seeds of the plant of the species Papaver somniferum (opium poppy) |
118 | Sufentanil |
119 | Tetrahydrocannabinols including all alkyl homologues of tetrahydrocannabinols |
120 | Thebaine |
121 | Tilidine |
122 | Trimeperidine |
1. Notified in the
Commonwealth of Australia Gazette on 31 December 1980.2. Statutory Rules 1956 No. 90 as amended to date. For previous amendments
see Note 2 to Statutory Rules 1980 No. 71 andsee also
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