Customs (Prohibited Exports) Regulations (Amendment)

Overview

The Customs (Prohibited Exports) Amendment (Amphetamine-Type Substances) Regulations 1996 were enacted to address the need for Australia to comply with its international obligations under the Convention on Psychotropic Substances. These regulations were introduced to ensure that Australia’s laws are in alignment with the decisions made at the 9th Special Session of the United Nations Commission on Narcotic Drugs, which included a number of amphetamine-like substances in the Schedules to the Convention. The regulations were issued under the authority of the Minister of State for Industry, Technology and Commerce and aim to institute controls on the importation and exportation of these substances. By adding the newly listed amphetamine-type substances to the Eighth Schedule of the Customs (Prohibited Exports) Regulations, the amendments effectively prohibit the export of these drugs from Australia without the requisite permission from the Secretary of the Department of Health.

Scope and Application

The Customs (Prohibited Exports) Regulations, as amended by Statutory Rules 1986 No. 388, apply to the exportation of specific drugs from Australia, specifically those listed in the Eighth Schedule of the Regulations. These substances include 17 amphetamine-type substances recently added to the Convention on Psychotropic Substances, as well as two additional substances. The Regulations apply to all persons and entities involved in the exportation of these drugs, ensuring compliance with Australia's obligations under the Convention on Psychotropic Substances. The geographic scope of these Regulations is national, governing activities across all states and territories of Australia. It is important to note that the exportation of these substances is prohibited unless certain conditions are met and permission is obtained from the Secretary of the Department of Health. Subordinate instruments may further extend or restrict the application of these Regulations to ensure effective implementation of Australia's international obligations.

Key Provisions

The main operative sections of this legislation (Statutory Rules 1996 No. 388) focus on the Customs (Prohibited Exports) Regulations, specifically the Eighth Schedule (paragraph 1). Regulation 10 of these regulations establishes that the export of drugs listed in the Eighth Schedule is prohibited unless specific conditions are met and permission is granted by the Secretary of the Department of Health (section 2). This regulation was amended to include 17 amphetamine-type substances recently added to the Convention on Psychotropic Substances, aligning Australia’s controls with its international obligations under the Convention (section 3). Additionally, two other substances were added to the Eighth Schedule to ensure consistency with controls already established in the Fourth Schedule to the Customs (Prohibited Imports) Regulations (section 4). This Act imposes specific obligations on parties and entities involved in the export of drugs listed in the Eighth Schedule (paragraph 2). Exporters must ensure that any export of these substances from Australia is subject to the necessary conditions and permissions (section 5). This includes obtaining explicit authorisation from the Secretary of the Department of Health before proceeding with any exportation of these controlled substances (section 6). Failure to comply with these requirements can lead to legal consequences, as the Act aims to enforce strict control over the international trade of these psychotropic substances (section 7). The legislation also outlines the consequences for non-compliance with its provisions (paragraph 3). Any breach of the regulations concerning the exportation of prohibited drugs can result in both civil and criminal penalties (section 8). While the specific penalties are not detailed in the explanatory statement, the severity of the consequences underscores the importance of adhering to the regulatory requirements (section 9). The penalties for violating these export restrictions are intended to deter unauthorised trade and uphold Australia’s commitments under the Convention on Psychotropic Substances (section 10).