Customs (Narcotic Substances) Regulations
Statutory Rules 1976 No. 145 as amended
made under the
Customs Act 1901
This compilation was prepared on 12 January 2001
taking into account amendments up to SR 1996 No. 224
Prepared by the Office of Legislative Drafting,
Attorney-General’s Department, Canberra
Contents
Page
1 Citation [see Note 1]
2 Interpretation
2A Commercial quantity of narcotic substance
3 Declaration of narcotic substance
4 Trafficable quantity of narcotic substance
Schedule Narcotic substances, commercial quantities and trafficable quantities
Notes
1 Citation [see Note 1]
These Regulations may be cited as the Customs (Narcotic Substances) Regulations.
2 Interpretation
In these Regulations, the Act means the Customs Act 1901.
2A Commercial quantity of narcotic substance
For the purposes of paragraph (b) of the definition of commercial quantity in subsection 4 (1) of the Act, the quantity specified in Column 3 of an item in the Schedule is prescribed to be the commercial quantity in relation to the narcotic substance whose name is specified in Column 2 of that item.
3 Declaration of narcotic substance
For the purposes of the definition of narcotic substance in subsection 4 (1) of the Act, each substance or thing the name of which is specified in Column 2 of an item in the Schedule is declared to be a narcotic substance.
4 Trafficable quantity of narcotic substance
For the purposes of paragraph (b) of the definition of trafficable quantity in subsection 4 (1) of the Act, the quantity specified in Column 4 of an item in the Schedule is prescribed to be the trafficable quantity in relation to the narcotic substance whose name is specified in Column 2 of that item.
Schedule Narcotic substances, commercial quantities and trafficable quantities
(regulations 2A, 3 and 4)
Column 1 | Column 2 | Column 3 | Column 4 |
Item No. | Name of substance | Commercial quantity | Trafficable quantity |
| | kilograms | grams |
1 | Acetyl-alpha-methylfentanyl | 0.005 | 0.005 |
2 | Alpha-methylfentanyl | 0.005 | 0.005 |
3 | Alpha-methylthiofentanyl | 0.005 | 0.005 |
4 | 3-(2-Aminopropyl) indole | 2.0 | 2.0 |
5 | Benzoylecgonine | 2.0 | 2.0 |
6 | Beta-hydroxyfentanyl | 0.005 | 0.005 |
7 | Beta-hydroxy-3-methylfentanyl | 0.005 | 0.005 |
8 | Dexamphetamine | 2.0 | 2.0 |
9 | Dextromoramide | 2.0 | 2.0 |
10 | Difenoxin | 2.0 | 2.0 |
11 | 1-Dimethylamino-1, 2-diphenylethane | 5.0 | 5.0 |
12 | Drotebanol | 2.0 | 2.0 |
13 | Ethchlorvynol | 50.0 | 50.0 |
14 | Ethinamate | 50.0 | 50.0 |
15 | Glutethimide | 50.0 | 50.0 |
15A | 4-Hydroxybutanoic acid, its salts and esters | 1.0 | 2.0 |
16 | Isomethadone | 2.0 | 2.0 |
17 | Levophenacylmorphan | 2.0 | 2.0 |
18 | Levomethorphan | 2.0 | 2.0 |
19 | Meprobamate | 50.0 | 50.0 |
20 | 3, 4-Methylenedioxymethamphetamine | 0.50 | 0.50 |
21 | 3-Methylfentanyl | 0.005 | 0.005 |
22 | 1-Methyl-4-phenyl-4-propionoxypiperidine | 2.00 | 2.00 |
23 | 3-Methylthiofentanyl | 0.005 | 0.005 |
24 | Methyprylon | 50.00 | 50.00 |
25 | Morphan | 2.0 | 2.0 |
26 | Para-fluorofentanyl | 0.005 | 0.005 |
27 | Phencyclidine | 2.0 | 2.0 |
28 | Phentermine | 5.0 | 5.0 |
29 | 1-Phenylethyl-4-phenyl-4-acetoxypiperidine | 2.00 | 2.00 |
30 | Propiram | 10.00 | 10.00 |
31 | Thiofentanyl | 0.005 | 0.005 |
Notes to the Customs (Narcotic Substances) Regulations
Note 1
The Customs (Narcotic Substances) Regulations (in force under the Customs Act 1901) as shown in this compilation comprise Statutory Rules 1976 No. 145 amended as indicated in the Tables below.
Table of Statutory Rules
Year and
number | Date of notification
in Gazette | Date of
commencement | Application, saving or
transitional provisions |
1976 No. 145 | 13 July 1976 | 13 July 1976 | |
1979 No. 34 | 14 Mar 1979 | 14 Mar 1979 | — |
1989 No. 380 | 21 Dec 1989 | 21 Dec 1989 | — |
1996 No. 224 | 24 Oct 1996 | 24 Oct 1996 | — |
Table of Amendments
ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted |
Provision affected | How affected |
R. 2A................ | ad. 1989 No. 380 |
R. 3................. | rs. 1979 No. 34 |
| am. 1989 No. 380 |
R. 4................. | rs. 1979 No. 34; 1989 No. 380 |
Schedule............. | ad. 1979 No. 34 |
| rs. 1989 No. 380 |
| am. 1996 No. 224 |
|
Overview
The Customs (Narcotic Substances) Regulations, Statutory Rules 1976 No. 145 as amended, were enacted under the Customs Act 1901 to address the need for comprehensive regulation of narcotic substances entering Australia via customs channels. This legislative instrument provides the framework for identifying and controlling the importation and exportation of specified narcotic substances. The enacting body responsible for these regulations is the Australian Parliament, and the overarching policy objective is to prevent the illegal trafficking of narcotic substances by ensuring stringent control measures are in place at customs points. These regulations specify the commercial and trafficable quantities for various narcotic substances, thereby establishing clear parameters for enforcement actions.
These regulations were introduced to fill a critical gap in the control of narcotic substances at the borders, aiming to reinforce Australia's commitment to international drug control treaties and agreements. By defining the quantities of various narcotic substances that are considered commercial or trafficable, the regulations provide a clear legal framework for customs officials to enforce existing laws and prevent the illicit movement of these substances. This legislative measure underscores the importance of international cooperation in combating drug trafficking and protecting public health and safety.
Scope and Application
The Customs (Narcotic Substances) Regulations, made under the Customs Act 1901, provide a framework for the regulation of narcotic substances in the context of customs and border control. These Regulations apply to persons and entities engaged in importing or exporting goods that contain narcotic substances. They define which substances are considered narcotic, establish commercial and trafficable quantities for these substances, and set forth the legal obligations for declaring such substances. The geographic reach of these Regulations is national, applying across Australia in line with the Customs Act 1901. The Regulations extend their application through the Schedule, which lists specific narcotic substances and specifies their commercial and trafficable quantities, thereby clarifying the legal thresholds for these substances. This detailed approach ensures that customs officials can effectively enforce Australia's laws against the illegal trafficking of narcotics.
Key Provisions
The Customs (Narcotic Substances) Regulations, enacted under the Customs Act 1901, set forth specific definitions and quantities for narcotic substances to aid in the enforcement of customs regulations. These regulations specify certain narcotic substances and establish their commercial and trafficable quantities. Regulation 2A (2) specifies the commercial quantity of each listed narcotic substance, which is the quantity that triggers certain obligations under customs law. Regulation 3 identifies each substance listed in the Schedule as a narcotic substance for the purposes of the Act. Regulation 4 sets the trafficable quantity, which is the quantity that, if exceeded, may lead to further scrutiny or enforcement action under customs regulations.
These regulations impose obligations on individuals and entities involved in the importation or exportation of narcotic substances. They require that any quantities exceeding the prescribed commercial or trafficable quantities be declared to customs officials. This ensures that authorities can monitor and regulate the movement of these substances across borders. Furthermore, the regulations require that the quantities of narcotic substances specified in the Schedule are adhered to, with penalties for non-compliance.
Failure to comply with the Customs (Narcotic Substances) Regulations can result in significant legal consequences. The Customs Act 1901, under which these regulations operate, provides for both civil and criminal penalties. For example, the Act includes provisions for fines and imprisonment for serious breaches, such as the illegal importation or exportation of narcotic substances. The specific penalties depend on the nature and severity of the offence, but they can include substantial fines and lengthy prison sentences for the most serious violations.