Customs Amendment Act 2004
No. 133, 2004
An Act to amend the Customs Act 1901, and for related purposes
Contents
1 Short title
2 Commencement
3 Schedule(s)
Schedule 1—Amendment of the Customs Act 1901
Schedule 2—Amendment of the Customs Act 1901
Customs Amendment Act 2004
No. 133, 2004
An Act to amend the Customs Act 1901, and for related purposes
[Assented to 9 December 2004]
The Parliament of Australia enacts:
1 Short title
This Act may be cited as the Customs Amendment Act 2004.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Commencement information |
Column 1 | Column 2 | Column 3 |
Provision(s) | Commencement | Date/Details |
1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day on which this Act receives the Royal Assent. | 9 December 2004 |
2. Schedule 1 | The day on which this Act receives the Royal Assent. | 9 December 2004 |
3. Schedule 2 | On the day after the end of the period of 12 months beginning on the day on which this Act receives the Royal Assent. | 9 December 2005 |
Note: This table relates only to the provisions of this Act as originally passed by the Parliament and assented to. It will not be expanded to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table contains additional information that is not part of this Act. Information in this column may be added to or edited in any published version of this Act.
3 Schedule(s)
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Schedule 1—Amendment of the Customs Act 1901
1 Schedule VI (table item dealing with ACETORPHINE, column 3)
Insert “2.0”.
2 Schedule VI (table item dealing with ACETYLCODEINE, column 3)
Insert “2.0”.
3 Schedule VI (table item dealing with ACETYLDIHYDROCODEINE, column 3)
Insert “2.0”.
4 Schedule VI (table item dealing with ACETYLMETHADOL, column 3)
Insert “2.0”.
5 Schedule VI (table item dealing with ALLYLPRODINE, column 3)
Insert “2.0”.
6 Schedule VI (table item dealing with ALPHACETYLMETHADOL, column 3)
Insert “10.0”.
7 Schedule VI (table item dealing with ALPHAMEPRODINE, column 3)
Insert “0.2”.
8 Schedule VI (table item dealing with ALPHAMETHADOL, column 3)
Insert “0.2”.
9 Schedule VI (table item dealing with ALPHAPRODINE, column 3)
Insert “25.0”.
10 Schedule VI (table item dealing with AMPHECOLORAL, column 3)
Insert “2.0”.
11 Schedule VI (table item dealing with 3‑ (2‑AMINOPROPYL) INDOLE, column 3)
Insert “2.0”.
12 Schedule VI (table item dealing with AMPHETAMINE, column 3)
Insert “0.75”.
13 Schedule VI (table item dealing with ANILERIDINE, column 3)
Insert “25.0”.
14 Schedule VI…
Overview
The Customs Amendment Act 2004, enacted by the Parliament of Australia on 9 December 2004, serves to amend the Customs Act 1901, addressing specific gaps and issues related to the classification and control of various substances listed under Schedule VI of the Customs Act 1901. This legislation was designed to enhance regulatory measures concerning the importation and exportation of certain controlled drugs and substances, ensuring compliance with international obligations and national health and safety standards. The primary objective of the Act is to update the threshold quantities and classification levels for numerous substances to align with current international drug control treaties and national policies aimed at preventing illicit drug trafficking and abuse. The Act includes two schedules that detail the specific amendments to the Customs Act 1901, with the changes taking effect on specified dates following the Act's assent.
Scope and Application
The Customs Amendment Act 2004 is an Act of the Australian Commonwealth Parliament that seeks to amend the Customs Act 1901. This Act applies to offences committed after the amendments have commenced, with various provisions coming into effect on different dates as outlined in the commencement section. The primary focus of the Act is to modify Schedule VI of the Customs Act 1901, which pertains to controlled drugs, by inserting specific numerical values into the table for various substances, thereby regulating their importation and exportation. This Act applies nationally across Australia as it is a Commonwealth Act. The scope of the Act extends to individuals, entities, and industries involved in the import and export of goods, particularly those related to controlled substances. The Act does not explicitly state any exclusions or exemptions but implicitly excludes entities not involved in the importation or exportation of the listed substances. The application of the Act can be extended or restricted through subordinate instruments, which may include regulations or guidelines issued under the authority of the Customs Act 1901.
Key Provisions
- The Customs Amendment Act 2004 (C2004A01368) amends the Customs Act 1901 by modifying the Schedule VI list of controlled substances. The Act specifies new maximum thresholds for certain substances, which are inserted into column 3 of Schedule VI (subsection 1). These thresholds determine the permissible quantity of each substance that can be imported or exported without a specific license. For instance, the quantity limits for substances like acetorphine, acetylcodeine, and acetyldihydrocodeine are set at 2.0 grams each. Some substances have more stringent limits, such as fentanyl at 0.005 grams and lysergamide at 0.01 grams. These amendments apply to offences committed after the commencement of Schedule 1, which is the day the Act received Royal Assent on 9 December 2004.
- The Customs Amendment Act 2004 imposes specific obligations on parties involved in the import and export of controlled substances listed in Schedule VI of the Customs Act 1901. Importers and exporters must ensure that the quantities of substances they handle comply with the new thresholds specified in the Act. They must also obtain the necessary licenses if the quantities exceed the permitted limits. Additionally, customs officers and other relevant authorities are required to enforce these new limits strictly and take appropriate action against any non-compliance. The Act mandates that these changes apply to any offences committed after the specified commencement date of the Act.
- Breaches of the new provisions in the Customs Amendment Act 2004 can result in significant penalties. The penalties for non-compliance with the new thresholds for controlled substances can vary widely depending on the severity of the offence and the quantity involved. Offences involving the import or export of controlled substances above the specified limits can lead to criminal charges, with potential imprisonment terms. The exact penalties are determined by the relevant courts based on the specifics of each case. Additionally, civil penalties may apply, including fines and other sanctions. The Act does not explicitly state maximum penalties but refers to the provisions of the Customs Act 1901, which typically outline severe penalties for breaches involving controlled substances.
- Area of Law
- Commercial Law
- Customs & Trade Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Regulatory Standards
- Reporting & Disclosure Obligations