Statutory Rules
1973 No. 175
REGULATION UNDER THE CUSTOMS ACT 1901-1971.*
I, THE GOVERNOR-GENERAL of Australia, acting with the advice of the Executive Council, hereby make the following Regulation under the Customs Act 1901-1971.
Dated this thirtieth day of August, 1973.
PAUL HASLUCK
Governor-General.
By His Excellency’s Command,
LIONEL MURPHY
Minister of State for Customs and Excise.
Amendments of the Customs (Prohibited Imports) REGULATIONS†
Fourth Schedule.
The Fourth Schedule to the Customs (Prohibited Imports) Regulations is amended—
(a) by inserting after item 31 the following item:—
“31a | Drotebanol and its salts and preparations containing drotebanol or any of its salts”; |
(b) by inserting after item 33 the following item:—
“33a | Ethchlorvynol (ethyl-2-chlorovinylethinyl-carbinol) and its salts and preparations containing ethchlorvynol or any of its salts”; |
(c) by inserting after item 34 the following item:—
“34a | Ethinamate and its salts and preparations containing ethinamate or any of its salts “; |
(d) by inserting after item 40 the following item:—
“40a | Glutethimide and its salts and preparations containing glutethimide or any of its salts”; |
(e) by omitting item 49c and substituting the following items:—
“49a | Lysergamide |
49b | Lysergic acid and preparations containing lysergic acid |
49c | Lysergide (lysergic acid diethylamide) (LSD 25) and preparations containing lysergide (lysergic acid diethylamide) (LSD 25) |
49d | Meprobamate and its salts and preparations containing meprobamate or any of its salts |
49e | Mescaline and its salts and preparations containing mescaline or any of its salts”; |
* Notified in the Australian Government Gazette on 6 September 1973.
† 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; and 1973, Nos. 5, 6, 42, 43, 89, 93 and 162.
(f) by omitting item 52a and substituting the following items:—
“52a | Methaqualone and its salts and preparations containing methaqualone or any of its salts |
52b | Methyprylon and its salts and preparations containing methyprylon or any of its salts |
52c | Methylamphetamine and its salts and preparations containing methylamphetamine or any of its salts”; |
(g) by inserting after item 72 the following item:—
“72a | Pentazocine and its salts and preparations containing pentazocine or any of its salts”; |
(h) by omitting item 79a and substituting the following item:—
“79a | Phencyclidine (1-(1-phenylcyclohexyl) piperidine) and its salts and preparations containing phencyclidine or any of its salts”; |
(j) by omitting item 83a and inserting in its stead the following item:—
“83a | Pipradrol and its salts and preparations containing pipradrol or any of its salts”; |
(k) by omitting items 85a and 85b and substituting the following items:—
“85a | Propiram and its salts and preparations containing propiram or any of its salts |
85b | Psilocin and preparations containing psilocin |
85c | Psilocybin and preparations containing psilocybin”; |
and
(l) by inserting after item 88 the following item:—
“88a | STP, (DOM), (2-amino-1-(2, 5-dimethoxy-4-methyl) phenylpropane and its salts and preparations containing STP (DOM) or any of its salts”. |
Overview
Statutory Rules 1973 No. 175, made under the Customs Act 1901-1971, is a legislative instrument issued by the Governor-General of Australia, acting on the advice of the Executive Council. This regulation updates the Customs (Prohibited Imports) Regulations to reflect changes in the legal landscape concerning controlled substances. The amendment was enacted to address the problem of ensuring that the importation of certain dangerous drugs and their derivatives is effectively controlled to protect public health and safety. The policy objective behind this regulation is to align Australia's customs laws with international standards and to prevent the illegal importation of substances that could be harmful to individuals and society. The regulation introduces new items to the Fourth Schedule, specifying additional substances that are prohibited or restricted for import, thereby enhancing the regulatory framework surrounding the importation of controlled substances.
Scope and Application
The Statutory Rules 1973 No. 175, which amends the Customs (Prohibited Imports) Regulations under the Customs Act 1901-1971, applies to any person or entity involved in the importation of goods into Australia. This includes individuals, businesses, and other entities that are subject to customs regulations, encompassing a broad range of industries and transactions where prohibited items are involved. The regulation extends nationally, affecting all states and territories within Australia. The amendments list specific substances, including various salts, preparations, and derivatives of drugs such as drotebanol, ethchlorvynol, ethinamate, glutethimide, and others, which are now explicitly prohibited from being imported. These substances are added to the Fourth Schedule, thereby enhancing the regulatory framework's specificity and comprehensiveness in controlling the importation of controlled substances. The Act does not specify any exclusions or exemptions, implying a strict application to all prohibited items listed within the amended schedule. The regulation also indicates that the scope and enforcement of these provisions can be further defined or extended through subordinate instruments, allowing for adjustments to the regulatory landscape in response to emerging threats or changes in legislative priorities.
Key Provisions
The main operative sections of this Regulation, under the Customs Act 1901-1971, involve amendments to the Customs (Prohibited Imports) Regulations. These amendments pertain to the Fourth Schedule, which lists substances that are prohibited or restricted for importation into Australia. Specifically, the Regulation introduces new items to this list (sections 31a, 33a, 34a, 40a, 49a, 49b, 49c, 49d, 49e, 52a, 52b, 52c, 72a, 79a, 83a, 85a, 85b, 85c, and 88a), and modifies existing ones (sections 49c, 52a, 79a, 83a, 85a, 85b). These changes effectively update the list of prohibited or restricted substances to include new chemicals and remove outdated entries.
The obligations imposed by this Regulation are primarily directed towards ensuring compliance with the updated list of prohibited and restricted imports. Importers, customs officers, and other relevant parties must be aware of these changes to avoid inadvertently breaching the customs regulations. This includes ensuring that any goods being imported do not contain any of the newly listed substances unless they have obtained the necessary approvals or exemptions. The regulation also mandates that any documentation related to the importation of these substances be accurate and up-to-date.
Violations of the Customs (Prohibited Imports) Regulations can lead to several civil and criminal consequences. For instance, attempting to import any of the listed prohibited substances without proper authorization can result in penalties. The severity of these penalties can vary depending on the nature and extent of the violation. Under the Customs Act, the maximum penalty for importing prohibited goods can include fines up to $275,000 for individuals and significantly higher amounts for corporations, along with potential imprisonment. Additionally, customs officers have the authority to seize any goods that are found to be in breach of these regulations. This not only includes the confiscation of the prohibited substances but can also extend to any associated transport or packaging materials.