Customs (Narcotics Inquiries) Repeal Regulations 2007

Overview

The Customs (Narcotic Substances) Repeal Regulations 2007 and the Customs (Narcotics Inquiries) Repeal Regulations 2007 were issued under the authority of the Minister for Justice and Customs to streamline and modernise Australian customs legislation. These regulations were enacted to address redundancies in existing regulations that arose from legislative changes. Specifically, the Customs (Narcotic Substances) Regulations, which previously declared specific substances as narcotic drugs, became obsolete following the amendment of the Customs Act 1901 by the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005. This amendment redefined narcotic substances to align with the Criminal Code, thereby rendering the old regulations redundant. Similarly, the Customs (Narcotics Inquiries) Regulations 1980, which related to the use of surveillance devices in narcotic offences, were repealed due to the enactment of the Surveillance Devices Act 2004, which introduced new provisions for the issuance of warrants for such devices. These repealing regulations aim to ensure the Customs Act remains current and efficient by removing outdated provisions.

Scope and Application

The Customs (Narcotic Substances) Repeal Regulations 2007 and the Customs (Narcotics Inquiries) Repeal Regulations 2007 operate under the authority of the Customs Act 1901. These regulations aim to repeal previous regulations that had declared specific narcotic substances and prescribed the forms of warrants for the use of listening devices in relation to narcotic offences. These repealed regulations are now redundant due to legislative changes; the definition of 'narcotic substance' in the Customs Act 1901 was updated by the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005, aligning it with the Criminal Code. Similarly, the use of listening devices in narcotic offences is now governed by the Surveillance Devices Act 2004. The repeal of these regulations reflects the evolving legal framework and ensures consistency with current laws. The repealing regulations apply to any person or entity involved in customs activities and transactions within the jurisdiction of Australia, and they commenced on the day after their registration on the Federal Register of Legislative Instruments.

Key Provisions

The Customs (Narcotic Substances) Repeal Regulations 2007 (section 3) and the Customs (Narcotics Inquiries) Repeal Regulations 2007 (section 4) are designed to repeal the Customs (Narcotic Substances) Regulations and the Customs (Narcotics Inquiries) Regulations 1980 respectively, both of which have become redundant. The Customs (Narcotic Substances) Regulations had previously declared 32 narcotic substances for the purposes of the definition of ‘Narcotic substance’ in subsection 4(1) of the Customs Act 1901 (the Act). However, this definition was repealed and substituted by the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005 (section 101), with effect from 6 December 2005. The new definition now provides that a narcotic substance means a border controlled drug or a border controlled plant, as defined in Part 9.1 of the Criminal Code. As a result, the Customs (Narcotic Substances) Regulations are no longer necessary and are repealed by the Customs (Narcotic Substances) Repeal Regulations 2007. The Customs (Narcotics Inquiries) Regulations 1980 prescribed the forms of warrants issued under Division 1A of Part XII of the Act, which related to the use of listening devices in relation to narcotic offences. However, Division 1A of Part XII was repealed by the Surveillance Devices Act 2004 (section 6) with effect from 15 December 2004, and warrants for listening devices are now issued under that Act. As a result, the Customs (Narcotics Inquiries) Regulations 1980 are no longer necessary and are repealed by the Customs (Narcotics Inquiries) Repeal Regulations 2007. The repealing Regulations are minor and of a machinery nature, and no consultation was undertaken as they do not substantially alter existing arrangements. The Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments. The repealing Regulations impose no new obligations on parties or entities governed by the Act. Instead, they remove redundant regulations that are no longer necessary following changes to the definition of ‘Narcotic substance’ in the Act and the repeal of Division 1A of Part XII of the Act. The Regulations ensure that the Act remains up-to-date and consistent with other relevant legislation. There are no offences, penalties, or civil or criminal consequences for breach of the repealing Regulations, as they do not impose any new requirements or obligations. The Regulations are of a minor or machinery nature and are designed to streamline and simplify the Act. In summary, the Customs (Narcotic Substances) Repeal Regulations 2007 and the Customs (Narcotics Inquiries) Repeal Regulations 2007 are minor amendments that repeal redundant regulations in the Customs (Narcotic Substances) Regulations and the Customs (Narcotics Inquiries) Regulations 1980. They ensure that the Act remains up-to-date and consistent with other relevant legislation, without imposing any new obligations or consequences for breach. The Regulations are of a minor or machinery nature and do not substantially alter existing arrangements.