Customs (Prohibited Imports) Regulations (Amendment)

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Legislation au F1996B03700 Regulations Not in force Legislative Instrument

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Statutory Rules

1974 No. 244

REGULATIONS UNDER THE CUSTOMS ACT 1901-1974.*

I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulations under the Customs Act 1901-1974.

Dated this nineteenth day of December, 1974.

John R. Kerr

Governor-General.

By His Excellency’s Command,

(Sgd) LIONEL MURPHY

Minister of State for Customs and Excise.

Amendments of the Customs (Prohibited Imports) Regulations†

Definitions.

1. Regulation 2 of the Customs (Prohibited Imports) Regulations is amended by omitting the definition of “ poppy straw ”.

Importation of certain drugs.

2. Regulation 5 of the Customs (Prohibited Imports) Regulations is amended—

(a) by omitting from sub-regulations (1) and (2) the words “ the Collector ” (wherever occurring) and substituting the words “ the Director-General of Health ”;

(b) by omitting sub-regulation (3) and substituting the following sub- regulation:—

“ (3) The Director-General of Health shall grant an application for a licence or permission under this regulation unless the grant would not be consistent with such of the requirements referred to in sub-regulation (7) as are appropriate to the drug or drugs to which the application relates.”;

(c) by omitting paragraph (4) (b) and substituting the following paragraph:—

“ (b) the person shall, if drugs or substances and mixtures in the preparation of which a drug has been used are moved from one place to another, take adequate precautions to ensure that the removal is safely carried out;”;

* Notified in the Australian Government Gazette on 23 December 1974.

† Statutory Rules 1956, No. 90, as amended by Statutory Rules 1958, Nos. 6 and 67; 1959, Nos. 17, 31 and 93; 1960, No. 22; 1961, No. 117; 1962, No. 82; 1963, No. 26; 1964, Nos. 25 and 39; 1965, Nos. 81, 91, 135, 167 and 190; 1966, No. 95; 1967, Nos. 41, 58. 114 and 178; 1968, Nos. 100, 141 and 161; 1969, Nos. 2, 7, 10, 39, 43 and 218; 1970, Nos. 8, 72, 105 and 194; 1972, No. 97; 1973, Nos. 5, 6, 42, 89, 93, 162, 175, 217, 227, 228 and 262; and 1974 Nos.

15711/74—Recommended retail price 8c       10/11.12.1974


(d) by omitting from paragraph (4) (c) the words “ the Collector ” and substituting the words “ the Director-General of Health ”;

(e) by inserting after paragraph (4) (c) the following paragraph:—

“ (ea) the person shall furnish to the Director-General of Health a return showing in respect of each week the records made by him in the books referred to in paragraph (d);”;

(f) by omitting from paragraph (4) (f) the words “ the Collector ” and substituting the words “ the Director-General of Health or an authorized officer or the Comptroller ”;

(g) by omitting from sub-paragraph (4) (f) (i) the word “ and ”;

(h) by inserting after sub-paragraph (4) (f) (ii) the following word and sub-paragraph:—

“ ; and (iii) take any precautions necessary to ensure that there is no danger of loss or theft of drugs in his possession.”;

(j) by omitting from sub-regulation (5) the words “ the Collector ” and substituting the words “ the Director-General of Health ”; and

(k) by omitting sub-regulations (7) and (8) and substituting the following sub-regulations:—

“ (6) The Director-General of Health may—

(a) revoke a licence granted under this regulation if the holder of the licence has failed to comply with a requirement to which the licence is, by sub-regulation (4), subject; or

(b) revoke a permission granted under this regulation if the holder of the permission has failed to comply with a condition to which the licence is, by sub-regulation (5), subject,

and may revoke a licence or permission if it would not be consistent with such of the requirements referred to in sub-regulation (7) as are appropriate to the drug or drugs to which the licence or permission relates for the licence or permission to continue in force.

“ (7) The requirements appropriate to drugs that are, or are deemed to be, narcotic drugs arc the requirements of the Single Convention and the requirements appropriate to drugs that are psychotropic substances arc the requirements of the Psychotropic Substances Convention.

“ (8) For the purposes of this regulation, a drug that is not a narcotic drug or a psychotropic substance shall be deemed to be a substance specified in Schedule II of the Single Convention.

“ (9) The Director-General of Health or the Comptroller, in exercising a power or performing a function under this regulation, shall have regard to such of the requirements referred to in sub- regulation (7) as are appropriate and to no other matter.

“ (10) In this regulation—

‘ authorized officer ’ means an officer of the Department of Health authorized in writing by the Director-General of Health for the purposes of paragraph (4) (f);

‘ drug ’ includes a plant or a part of a plant, but does not include a preparation that is a narcotic preparation within the meaning of Schedule 3 to the Single Convention;

‘ narcotic drug ’ means a drug that is a drug for the purposes of the Single Convention;


‘ psychotropic substance’  means any substance that is a psychotropic substance for the purposes of the Psychotropic Substances Convention and includes a preparation within the meaning of that Convention;

‘ Psychotropic Substances Convention ’ means the Convention on Psychotropic Substances that was adopted and opened for signature at Vienna on 21 February 1971;

‘ Single Convention ’ has the same meaning as the expression ‘ the Convention ’ has in the Narcotic Drugs Act 1967-1973.”.

Importation of therapeutic substances.

3. Regulation 5a of the Customs (Prohibited Imports) Regulations is amended by omitting paragraph (b) of sub-regulation (2).

First Schedule.

4. The First Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting items 12, 22 and 24.

Second Schedule.

5. The Second Schedule to the Customs (Prohibited Imports) Regulations is amended by omitting items 5a, 5b, 5c, 26 and 28.

Fourth Schedule.

6. The Fourth Schedule to the Customs (Prohibited Imports) Regulations is amended—

(a) by inserting after item 14a the following items:—

“ 14ba

 Cannabis

14bb

 Cannabis resin

(b) by inserting after item 23a the following item:—

“ 23b

 Difenoxin and its salts and preparations containing difenoxin or any of its salts

(c) by omitting item 27a;

(d) by inserting after item 41b the following item:—

“ 41bb

 Heroin (Diacetylmorphine) ”;

(e) by inserting after item 45 the following item:—

“ 45a

 Ketobemidone ”;

(f) by omitting from paragraph (b) of item 70 the word “ and ”;

(g) by inserting in item 70 after paragraph (c) the following word and paragraph:—

 “ and (d) opium prepared for smoking, including dross and any other form of charred opium ”

(h) by inserting after item 88 the following item:—

“ 88aa

 SPA((-)-1-dimethylanline-1,2-diphenylethane) ”;

(j) by inserting after item 88a the following item:—

“ 88b

 Tetrahydrocannabinol (1-hydroxy-3-pentyl-6a, 7, 8, 10a-tetrohydro-6, 6, 9-trimethyl-6H-dibenzo (b, d) pyran and 2’-hydroxy -4’-pentyl-3, 4, 5, 6-tetrahydro-1, 8, 8-trimethyl-8H dibenzo (b, d) pyran) including all 3-and 4’-alkyl homologues within these structural designations and

(k) by omitting item 91a and substituting the following item:—

“ 91a

 Plants and parts of plants of the species Argyrcia nervosa, Ipomoea tricolor, Ipomoea violacea, Lophophora williamsii, Papaver bracteatum, Papaver somniferum (opium poppy), Piptailenia peregrina and Rivea corymbosa.”.


Saving of certain licences and permits.

7. Notwithstanding the amendments of regulation 5 of the Customs (Prohibited Imports) Regulations made by regulation 1 of these Regulations, a licence or permit granted under regulation 5 of those Regulations before the commencement of these Regulations and in force immediately before that commencement shall, on and after that commencement, be deemed to have been granted by the Director-General of Health and shall have the same force and effect as if the amendments made by regulation 1 of these Regulations had been in force immediately before the date on which the licence or permit was granted.

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Overview

The Statutory Rules 1974 No. 244, enacted by the Australian Government under the Customs Act 1901-1974, address the need to regulate the importation of certain drugs and therapeutic substances in alignment with international conventions. This legislative instrument was introduced to enhance the enforcement of drug control measures and to ensure compliance with the Single Convention on Narcotic Drugs and the Convention on Psychotropic Substances. The enacting body was the Parliament of Australia, with a clear policy objective to align Australian customs regulations with international drug control treaties, thereby improving the regulation and oversight of drug imports. The changes include the transfer of licensing and enforcement responsibilities from Customs Collectors to the Director-General of Health, and the amendment of specific drug classifications and related requirements to reflect the updated international standards. These regulations aim to provide a robust framework for the importation of drugs, ensuring that they are controlled in a manner consistent with international obligations and public health requirements. The amendments seek to streamline the process for licensing and the oversight of drug importation, placing greater emphasis on health-related considerations and reducing the administrative burden on Customs officials. The changes also aim to ensure that individuals and entities involved in the importation of controlled substances adhere to stringent safety and security measures, thereby mitigating the risks associated with drug trafficking and misuse.

Scope and Application

The Statutory Rules 1974 No. 244, made under the Customs Act 1901-1974, apply to the importation of certain drugs and therapeutic substances, imposing restrictions and requirements on their importation. These Regulations primarily concern individuals and entities involved in the importation of drugs and substances that are regulated under international conventions, specifically the Single Convention on Narcotic Drugs and the Convention on Psychotropic Substances. The application of these Regulations is governed by the Director-General of Health, who has the authority to grant or refuse licences and permissions for the importation of these substances, ensuring compliance with the specified international conventions. The Regulations also address record-keeping and precautions to be taken during the transportation and storage of these substances. Notably, these Regulations do not apply to substances that are explicitly excluded from the schedules, and they can be further extended or restricted by subordinate instruments.

Key Provisions

The Statutory Rules 1974 No. 244, which amend the Customs (Prohibited Imports) Regulations under the Customs Act 1901-1974, introduce several key changes. Firstly, the definition of "poppy straw" is omitted from the regulations (Regulation 1). Secondly, the importation of certain drugs is now governed by the Director-General of Health, instead of the Collector, as per the amendments to Regulation 5 (Regulation 2). This includes changes such as the Director-General granting licences or permissions unless it is inconsistent with relevant requirements (sub-regulation (3)), ensuring safe movement of drugs (sub-regulation (4)(b)), and requiring weekly returns of records to the Director-General of Health (sub-regulation (4)(ea)). Furthermore, the Director-General has the authority to revoke licences or permissions if compliance requirements are not met or if it is inconsistent with applicable conventions (sub-regulations (6) and (7)). Other notable amendments include the removal of certain sub-regulations and the addition of new items to the schedules, such as cannabis and heroin, to reflect changes in drug classifications (Regulations 3-6). These amendments impose various obligations on parties importing or dealing with the specified drugs. Importers and handlers must now apply to the Director-General of Health for licences or permissions, ensuring compliance with the Single Convention and the Psychotropic Substances Convention (Regulation 5). They are also required to take adequate precautions to prevent loss or theft of drugs in their possession, maintain detailed records, and submit weekly reports to the Director-General of Health (sub-regulations (4)(b) and (4)(ea)). Additionally, the regulations mandate that any movement of drugs must be safely carried out, and handlers must ensure that drugs are not lost or stolen (sub-regulation (4)(b) and (4)(iii)). Breach of these regulations can lead to significant civil and criminal consequences. For instance, failure to comply with the requirements for importing drugs, such as not obtaining the necessary licence or permission, can result in the revocation of a licence or permission by the Director-General of Health (sub-regulation (6)). Furthermore, non-compliance with the record-keeping and reporting obligations can also lead to enforcement actions. While the regulations do not specify maximum penalties, breaches of customs laws generally can result in substantial fines and potential imprisonment, depending on the severity and intent of the violation.

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