Customs (Prohibited Imports) Regulations (Amendment)

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STATUTORY RULES.

1961. No. 117.

 

REGULATIONS UNDER THE CUSTOMS ACT 1901-1960.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the Customs Act 1901-1960.

Dated this 23rd day of September, 1961.

DE L’ISLE

Governor-General.

By His Excellency’s Command,

Minister of State for Customs and Excise.

 

Amendments of the Customs (Prohibited Imports) Regulations.†

First Schedule.

1. The First Schedule to the Customs (Prohibited Imports) Regulations is amended—

(a) by omitting from item 12 the words “or its salts” and inserting in their stead the words “or any of its salts”; and

(b) by omitting from item 22 the words “or its salts” and inserting in their stead the words “or any of its salts”.

Third Schedule.

2. The Third Schedule to the Customs (Prohibited Imports) Regulations is amended—

(a) by omitting from the second column of item 3 the words “or their salts” and inserting in their stead the words “or any of the salts of any of those substances”;

(b) by omitting paragraphs 1 and 2 in the third column of item 7 and inserting in their stead the following paragraphs:—

“1. The goods shall be of the following standard:—

Size—41 inches by 23 inches

Weight when baled—2¼ pounds

Substance—8 porter, 9 shot or 9 porter, 8 shot

“2. The bales containing the goods shall be plainly marked with the words ‘Australian Standard Cornsacks’”;

(c) by inserting after item 8 the following item:—

“8a

Filled milk, that is to say, any liquid or powder containing the non-fat solids of cow’s milk with which has been incorporated or to which has been added any fat other than the fat of cow’s milk, whether described as filled milk or by any other name

The importer shall produce to the Collector the permission in writing of the Minister of State for Primary Industry to import the goods”;

and

(d) by inserting in the third column of item 23, after the words “Director-General of Health”, the words “or the Executive Member of the Australian Atomic Energy Commission”.

* Notified in the Commonwealth Gazette on 5th October, 1961.

† Statutory Rules 1956, No. 90, as amended by Statutory Rules 1958, Nos. 6 and 67a; 1959, Nos. 17, 31 and 93; and 1960, No. 22.

6150/60.—Price 3d. 9/18.8.1961.


Fourth Schedule.

3. The Fourth Schedule to the Customs (Prohibited Imports) Regulations is repealed and the following Schedule inserted in its stead:—

FOURTH SCHEDULE Regulation 5 (1.).

Drugs the Importation of which is Prohibited Unless Specified Conditions, Restrictions or Requirements are Complied with.

Item No.

Description of Drugs.

1

Acetyldihydrocodeine and its salts

2

Acetylmethadol and its salts and preparations containing acetylmethadol or any of its salts

3

Allylprodine and its salts and preparations containing allylprodine or any of its salts

4

Alphacetylmethadol and its salts and preparations containing alphacetylmethadol or any of its salts

5

Alphameprodine and its salts and preparations containing alphameprodine or any of its salts

6

Alphamethadol and its salts and preparations containing alphamethadol or any of its salts

7

Alphaprodine and its salts and preparations containing alphaprodine or any of its salts

8

Anileridine and its salts and preparations containing anileridine or any of its salts

9

Benzethidine and its salts and preparations containing benzethidine or any of its salts

10

Benzylmorphine and its salts and preparations containing benzylmorphine or any of its salts

11

Betacetylmethadol and its salts and preparations containing betacetylmethadol or any of its salts

12

Betameprodine and its salts and preparations containing betameprodine or any of its salts

13

Betamethadol and its salts and preparations containing betamethadol or any of its salts

14

Betaprodine and its salts and preparations containing betaprodine or any of its salts

15

Clonitazene and its salts and preparations containing clonitazene or any of its salts

16

Coca leaves, being the leaves of any plant of any species of the genus erythroxylon from which cocaine can be extracted either directly or by chemical transformation

17

Cocaine and its salts (including solutions or dilutions of cocaine or any of its salts in an inert substance, whether liquid or solid); and cocaine preparations containing more than the equivalent of 0.1% of cocaine

18

Codeine (methylmorphine) and its salts

19

Desomorphine (dihydrodesoxymorphine) and its salts and preparations containing desomorphine or any of its salts

20

Dextromoramide and its salts and preparations containing dextromoramide or any of its salts

21

Dextropropoxyphene and its salts

22

Diampromide and its salts and preparations containing diampromide or any of its salts

23

Diethylthiambutene and its salts and preparations containing diethylthiambutene or any of its salts

24

Dihydrocodeine and its salts

25

Dihydromorphine and its salts and preparations containing dihydromorphine or any of its salts

26

Dimenoxadol and its salts and preparations containing dimenoxadol or any of its salts

27

Dimepheptanol and its salts and preparations containing dimepheptanol or any of its salts

28

Dimethylthiambutene and its salts and preparations containing dimethylthiambutene or any of its salts


Fourth Schedule—continued.

Item No.

Description of Drugs.

29

Dioxaphetyl butyrate and its salts and preparations containing dioxaphetyl butyrate or any of its salts

30

Diphenoxylate and its salts and preparations containing diphenoxylate or any of its salts

31

Dipipanone and its salts and preparations containing dipipanone or any of its salts

32

Ecgonine (laevo-ecgonine and derivatives of laevo-ecgonine capable of being used for the recovery of ecgonine), its salts and preparations containing ecgonine or any of its salts

33

Esters of desomorphine, dihydromorphine, ecgonine, hydrocodone, hydromorphone, morphine (other than diacetylmorphine), oxycodone, thebacon and l-methyl-4-phenylpiperidine-4-carboxylic acid and their salts and preparations containing any of the esters of desomorphine, dihydromorphine, ecgonine, hydrocodone, hydromorphone, morphine (other than diacetylmorphine), oxycodone, thebacon or 1-methyl-4-phenylpiperidine-4-carboxylic acid or any of the salts of any of those esters

34

(a) Ethers of morphine and the salts of those ethers

 

(b) Preparations containing an ether of morphine or any of the salts of an ether of morphine, other than preparations containing an ether of morphine which is specified by name in an item in this Schedule if preparations containing that ether or any of its salts are not included in that item

35

Ethylmethylthiambutene and its salts and preparations containing ethylmethylthiambutene or any of its salts

36

Ethylmorphine and its salts

37

Etonitazene and its salts and preparations containing etonitazene or any of its salts

38

Etoxeridine and its salts and preparations containing etoxeridine or any of its salts

39

Furethidine and its salts and preparations containing furethidine or any of its salts

40

Hydrocodone (dihydrocodeinone) and its salts and preparations containing hydrocodone or any of its salts

41

Hydromorphinol and its salts and preparations containing hydromorphinol or any of its salts

42

Hydromorphone (dihydromorphinone) and its salts and preparations containing hydromorphone or any of its salts

43

Hydroxypethidine and its salts and preparations containing hydroxypethidine or any of its salts

44

Isomethadone and its salts and preparations containing isomethadone or any of its salts

45

Levomethorphan and its salts and preparations containing levomethorphan or any of its salts

46

Levomoramide and its salts and preparations containing levomoramide or any of its salts

47

Levophenacylmorphan and its salts and preparations containing levophenacylmorphan or any of its salts

48

Levorphanol and its salts and preparations containing levorphanol or any of its salts

49

Metazocine and its salts and preparations containing metazocine or any of its salts

50

Methadone and its salts, and preparations containing methadone or any of its salts

51

Methyldesorphine and its salts and preparations containing methyldesorphine or any of its salts

52

Methyldihydromorphine and its salts and preparations containing methyldihydromorphine or any of its salts

53

Metopon (melhyldihydromorphinone) and its salts and preparations containing metopon or any of its salts

54

Morpheridine (morpholinoethylnorpethidine) and its salts and preparations containing morpheridine or any of its salts

55

Morphine and its salts (including solutions or dilutions of morphine or any of its salts in an inert substance, whether liquid or solid); and morphine preparations containing more than the equivalent of 0.2% of anhydrous morphine

56

Morphine-N-oxide, the derivatives of morphine-N-oxide, all other pentavalent nitrogen morphine derivatives and preparations containing any of those substances


Fourth Schedule—continued.

Item No.

Description of Drugs

57

Myrophine (myristyl ester of benzylmorphine) and its salts and preparations containing myrophine or any of its salts

58

Nicomorphine (di-nicotinic acid ester of morphine) and its salts and preparations containing nicomorphine or any of its salts

59

Norcodeine and its salts

60

Norlevorphanol and its salts and preparations containing norlevorphanol or any of its salts

61

Normethadone and its salts and preparations containing normethadone or any of its salts

62

Normorphine (N-demethylated morphine) and its salts and preparations containing normorphine or any of its salts

63

Opium in the following forms:—

(a) medicinal opium (that is to say, opium in any form, whether mixed with a neutral substance or not, which has undergone the processes necessary to adapt it for medicinal use),

(b) opium tinctures and extracts containing more than 0.2% of anhydrous morphine, and

(c) raw opium, including non-medicinal, powdered and granulated forms of raw opium

64

Oxycodone (dihydrohydroxycodeinone) and its salts and preparations containing oxycodone or any of its salts

65

Oxymorphone (dihydrohydroxymorphinone) and its salts and preparations containing oxymorphone or any of its salts

66

Pethidine and its salts and preparations containing pethidine or any of its salts

67

Phenadoxone and its salts and preparations containing phenadoxone or any of its salts

68

Phenampromide and its salts and preparations containing phenampromide or any of its salts

69

Phenazocine and its salts and preparations containing phenazocine or any of its salts

70

Phenomorphan and its salts and preparations containing phenomorphan or any of its salts

71

Phenoperidine and its salts and preparations containing phenoperidine or any of its salts

72

Pholcodine and its salts

73

Piminodine and its salts and preparations containing piminodine or any of its salts

74

Proheptazine and its salts and preparations containing proheptazine or any of its salts

75

Properidine and its salts and preparations containing properidine or any of its salts

76

Racemethorphan and its salts and preparations containing racemethorphan or any of its salts

77

Racemoramide and its salts and preparations containing racemoramide or any of its salts

78

Racemorphan and its salts and preparations containing racemorphan of any of its salts

79

Thebacon (acetyldihydrocodeine) and its salts and preparations containing thebacon or any of its salts

80

Thebaine and its salts and preparations containing thebaine or any of its salts

81

Trimeperidine and its salts and preparations containing trimeperidine or any of its salts

82

Any drug of whatever kind which is or is likely to be productive, or is capable of being converted into a substance which is or is likely to be productive, of ill effects substantially of the same character or nature as, or analogous to, those produced by morphine or cocaine

 

By Authority A. J. Arthur, Commonwealth Government Printer, Canberra.

Overview

The Customs (Prohibited Imports) Regulations 1961, enacted by the Australian Parliament, were introduced to regulate and restrict the importation of certain substances into Australia, particularly those that pose a risk to public health or are otherwise deemed unsuitable for import. These regulations were made under the authority of the Customs Act 1901-1960 and were designed to address the need for stringent control over the importation of dangerous drugs and other restricted items. The objective of these regulations was to ensure the safety and well-being of the Australian population by preventing the entry of harmful substances that could be abused or cause significant health risks. The regulations were subsequently updated to reflect changes in the types of substances considered harmful and to align with evolving public health standards and international agreements on drug control.

Scope and Application

The Customs (Prohibited Imports) Regulations, as amended by Statutory Rules 1961, No. 117, applies to individuals and entities importing goods into Australia, focusing specifically on the prohibition of certain imports and the establishment of conditions, restrictions, or requirements for others. The regulations are made under the authority of the Customs Act 1901-1960 and have a nationwide jurisdictional reach across Australia. These regulations are designed to control the importation of substances that may pose a risk to public health and safety, particularly narcotics and other controlled substances. The regulations detail specific substances and their salts that are prohibited unless certain conditions are met. These include various narcotics, their derivatives, and any preparations containing these substances. Additionally, there are provisions for specific standards and markings required for certain imported goods, such as Australian Standard Cornsacks. The regulations also require written permission from the relevant Minister for the importation of certain items, such as filled milk. While the primary focus is on prohibiting certain imports outright, the regulations also include detailed provisions for the importation of other substances under specified conditions, ensuring compliance with national health and safety standards. The scope of these regulations is further extended and defined through subordinate instruments, which provide additional clarity and detail on the implementation and enforcement of the prohibitions and conditions set out in the primary regulations.

Key Provisions

The key provisions of these Regulations (F1996B03658) under the Customs Act 1901-1960 amend the Customs (Prohibited Imports) Regulations primarily through three schedules. Firstly, the First Schedule (item 12 and item 22) modifies the wording to specify "any of its salts" instead of "or its salts" to ensure clarity in the prohibition of certain substances and their salts. Secondly, the Third Schedule makes significant changes: it alters the description of substances to include "any of the salts of any of those substances" (item 3), specifies the standard and marking requirements for Australian Standard Cornsacks (item 7), introduces a new prohibition on filled milk (item 8a), and adds the Executive Member of the Australian Atomic Energy Commission to the list of authorities whose permission is required for certain imports (item 23). Lastly, the Fourth Schedule comprehensively updates the list of drugs whose importation is prohibited unless specific conditions or permissions are met. This includes adding detailed descriptions and specific prohibitions on a wide range of narcotic substances and their derivatives. These Regulations impose several obligations on the parties involved. Importers must ensure that any goods being imported comply with the specified standards and requirements, particularly for items like Australian Standard Cornsacks, which must meet specific dimensions and weight criteria. For substances listed in the Fourth Schedule, importers must obtain written permission from the relevant Minister or authority before attempting to import these goods. Failure to comply with these conditions not only risks the prohibition of the goods but may also lead to legal consequences. Breach of these Regulations can result in severe consequences. The importation of prohibited goods without the necessary permissions or in violation of the specified conditions is strictly forbidden. Legal action can be taken against those who attempt to import such goods, and there may be penalties for non-compliance. Although specific penalties are not detailed in the text, such breaches typically attract significant fines and possible imprisonment under the broader Customs Act framework. Importers found guilty of contravening these Regulations may face both civil and criminal liabilities, depending on the severity and intent of the violation.

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