National Health (Export Restriction Chief Executive Medicare) Guidelines 2020 (Cth)

National Health (Export Restriction - Chief Executive Medicare) Guidelines 2020

I, Paul Creech, acting Chief Executive Medicare, make the following guidelines.

Dated   23 April 2020                         

Paul Creech

Acting Chief Executive Medicare

1  Name

This instrument is the National Health (Export Restriction - Chief Executive Medicare) Guidelines 2020.

2  Commencement

This instrument commences on the first day on which they are no longer liable to be disallowed, or taken to be disallowed, under section 42 of the Legislation Act 2003.

3  Authority

This instrument is made under section 99ZS(2) of the National Health Act 1953.

4  Definitions

Note: A number of expressions used in this instrument are defined in section 99ZH of the Act, including the following:

(a)    Customs officer;

(b)    drug like substance;

(c)    prescription drug; and

(d)    prohibited export.

In this instrument:

Act means the National Health Act 1953.

the agency means Services Australia.

case officer means the Departmental employee dealing with a detained drug like substance.

Departmental employee has the same meaning as in the Human Services (Medicare) Act 1973.

detained substance means a drug like substance transferred to the Chief Executive Medicare under Division 4D of Part VII of the Act.

5  Purpose

These Guidelines set out matters relating to the performance of functions and duties, and the exercise of powers, by the Chief Executive Medicare, or by Departmental employees, in relation to matters arising under Division 4D of Part VII of the Act.   

6  Initial action

(1) Following notification by a Customs officer that drug like substances have been detained under sections 99ZJ or 99ZK of the Act, a Departmental employee shall make arrangements at the first practicable opportunity for the transfer of the substance to an Exhibit Room pending examination.

7 Administrative process

(1) The case officer examining the detained substance shall make such enquiries as are necessary to establish whether the detained substance is a prohibited export or prescription drug.

(2) Upon the conclusion of the examination the case officer shall deal with the detained substance in the manner specified in section 99ZO of the Act and take such further action as is required under that section.

(3)  For the purposes of subsection 99ZO(3), the Department of Home Affairs is nominated.

8  Recording and storage of detained drug like substances

(1)  All detained drug like substances will be recorded in the Exhibit Register maintained by the agency and then secured in a dedicated container within an Exhibit Room maintained by the agency.

(2)  For the purposes of subsection (1), a dedicated container may be the drawer of a lockable filing cabinet or similar container.

(3)  Where detained drug like substances are unable to be stored in accordance with subsection (1) due to size or quantity, the Australian Federal Police shall be consulted to determine an appropriate facility and stored in accordance with arrangements made with the Australian Federal Police.

9  Disposal of forfeited substances

(1) The case officer will be responsible for the destruction of substances to which subsection 99ZQ(1) applies.

(2) For subsection 99ZQ(2) of the Act, the case officer must destroy the substances in a safe manner and may seek the advice or assistance of the Australian Federal Police in doing so.