STATUTORY RULES.
1959. No. 31
REGULATION UNDER THE CUSTOMS ACT 1901-1957.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1957.
Dated this 30th day of April, 1959.
W. J. Slim
Governor-General.
By His Excellency’s Command,
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 adding after paragraph (12) in the second column of item 4 the following paragraph:—
“(13) nomorphine and its salts and preparations containing nomorphine or its salts; and
(b) by adding after paragraph (27) in the second column of item 6 the following paragraphs:—
“(28) morpheridine or morpholinoethylnorpethidine (1-(2-morpholinocthyl)-4-phenylpiperidine-4-carboxylic acid ethyl ester) and its salts and preparations contining morpheridine or its salts
“(29) dextromoramide, racemoramide and levomoramide (being respectively the dextrorotatory, racemic and levorotatory forms of 3-methyl-2, 2-diphenyl-4-morpholino-butyryl-pyrrolidine) and their salts and preparations containing dextromoramide, racemoramide or levomoramide or their salts
“(30) etoxeridine (1-[2-(2-hydroxyethoxy)-ethyl]-4-phenylpiperidine-4-carboxylic acid ethyl ester) and its salts and preparations containing etoxeridine or its salts
“(31) trimeperidine (1,2,5-trimethyl-4-phenyl-4-propionoxypiperidine) and its salts and preparations containing trimeperidine or its salts
“(32) dimenoxadol (dimethylaminoethyl 1-ethoxy-1, 1-diphenylacetate) and its salts and preparations containing dimenoxadol or its salts”.
* Notified in the Commonwealth Gazette on 7th May, 1959.
† Statutory Rules 1956, No. 90, as amended by Statutory Rules 1958, Nos. 6 and 67; and 1959, No. 17.
By Authority: A. J. ARTHUR, Commonwealth Government Printer, Canberra.
2319/59.—Price 3d. 9/25.3.1959.
Overview
The Customs (Prohibited Imports) Regulations 1959 were enacted to amend existing regulations under the Customs Act 1901-1957. The Customs (Prohibited Imports) Regulations were introduced by the Governor-General in accordance with the advice of the Federal Executive Council. The amendment to the Fourth Schedule of the Customs (Prohibited Imports) Regulations was aimed at addressing the gap in the regulation of certain controlled substances by prohibiting their importation. This was achieved by specifically listing additional narcotics and their preparations that were previously not covered under the regulations, thereby tightening the control on the importation of these substances into Australia.
Scope and Application
The Customs (Prohibited Imports) Regulations, as amended by Statutory Rules 1959, No. 31, govern the importation of certain substances into Australia, extending the prohibition to specific narcotic drugs and their derivatives. This legislative instrument applies to all persons and entities attempting to import these substances into the country, thereby affecting a range of industries involved in the importation of pharmaceutical and chemical products. The geographic reach of these regulations is national, as they are enacted under the Customs Act 1901-1957, which applies across the Commonwealth of Australia. The regulation specifically adds several narcotic substances to the list of prohibited imports, including nomorphine, morpheridine, dextromoramide, etoxeridine, trimeperidine, and dimenoxadol, along with their salts and preparations. The application of these regulations may be further detailed or adjusted through subordinate instruments, allowing for specific implementation and enforcement mechanisms tailored to the nuances of each substance listed.
Key Provisions
The main operative sections of this statutory instrument pertain to the amendment of the Customs (Prohibited Imports) Regulations under the Customs Act 1901-1957. Specifically, it introduces new prohibited substances for importation into Australia. Section 4 of the Fourth Schedule now includes nomorphine and its salts and preparations (section 4(13)), and Section 6 includes several new narcotics such as morpheridine, dextromoramide, racemoramide, levomoramide, etoxeridine, trimeperidine, and dimenoxadol, along with their salts and preparations (sections 6(28) to 6(32)). These additions aim to restrict the importation of specific narcotic substances to protect public health and safety.
The obligations and requirements imposed by this regulation are primarily directed towards customs officials and importers. Customs officials must enforce the new prohibitions by inspecting imported goods and ensuring that any items listed in the amended schedule are not allowed entry into Australia. Importers are required to declare the contents of their shipments accurately and truthfully to comply with these regulations. Failure to comply with these requirements can lead to the seizure and confiscation of prohibited items, as well as potential legal consequences.
Breaches of these regulations can result in significant civil and criminal penalties. Under the Customs Act, individuals or entities found guilty of importing prohibited substances can face substantial fines, with the exact amount depending on the nature and severity of the offence. Additionally, repeat offenders or those found to be knowingly in breach of the regulations may face imprisonment. The penalties serve as a deterrent against the illegal importation of these controlled substances, reinforcing the government's commitment to maintaining stringent border controls.