Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 226
EXPLANATORY STATEMENT
STATUTORY RULES 1996 No. 226
Issued by the Authority of the Minister for Small Business and Consumer Affairs
Customs Act 1901
Customs (Prohibited Imports) Regulations (Amendment)
Section 50 of the Customs Act 1901 (the Act) provides in pan that:
"(1) The Governor-General may, by regulation, prohibit the importation of goods into Australia.
"(2) The power conferred by the last preceding subsection may be exercised - (c) by prohibiting the importation of goods unless specified conditions or restrictions are complied with.
"(3) Without limiting the generality of paragraph (2)(c), the regulations - ... may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and..."
The Customs (Prohibited Imports) Regulations (the Regulations) control the importation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making importation subject to the permission of a Minister or a specified person. Regulation 5 controls the importation of certain drugs by operation of Schedule 4 to the Regulations.
These Regulations amend Schedule 4 to prohibit the importation of the drug "4-hydroxybutanoic acid, its salts and esters" (otherwise known as "Fantasy").
This amendment complements similar amendments to the Customs (Prohibited Exports) Regulations in relation to exportation of the drug, and the amendments to the Customs (Narcotic Substances) Regulations in relation to trafficking in the drug.
The abuse of the substance known as "Fantasy" has recently come to fight following a recent incident in Queensland in which eight people were hospitalised after taking a mixture believed to contain the substance.
The Government has decided that controls be introduced on the drug following the Queensland incident to address the public safety issues. The Government has been advised that the drug has no approved therapeutic use in Australia, and limited use in some overseas countries as an anaesthetic.
The regulations commenced on gazettal.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 226, issued by the authority of the Minister for Small Business and Consumer Affairs under the Customs Act 1901, was enacted to address the growing concern over the importation and abuse of the substance known as "Fantasy," or 4-hydroxybutanoic acid, its salts and esters. This amendment was introduced in response to a recent incident in Queensland where eight individuals were hospitalised after consuming a mixture believed to contain this substance. The objective of the regulation is to enhance public safety by prohibiting the importation of this drug, which has been identified as having no approved therapeutic use in Australia and only limited use in some overseas countries as an anaesthetic. The regulations were designed to complement similar amendments to the Customs (Prohibited Exports) Regulations and the Customs (Narcotic Substances) Regulations, thereby creating a comprehensive control framework to manage the risks associated with the substance.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 226, pursuant to the Customs Act 1901, applies to the importation of goods into Australia, with a specific focus on regulating the importation of prohibited substances. These regulations empower the Governor-General to prohibit the importation of certain goods, including the drug "4-hydroxybutanoic acid, its salts and esters" commonly known as "Fantasy". This amendment is geographically applicable across Australia, reflecting a national approach to controlling the importation of this substance. The regulations make it an offence to import the specified drug unless specific conditions or permissions are met, thereby reinforcing the legislative framework against the illicit trafficking of dangerous substances. This amendment is designed to address public safety concerns following an incident in Queensland where the substance led to hospitalisations, and it aligns with other legislative measures concerning the export and trafficking of the drug within Australia. The regulations commenced upon gazettal, ensuring immediate effect following their publication.
Key Provisions
The Customs (Prohibited Imports) Regulations (Amendment) 1996 No. 226 (the Amendment) makes significant changes to the Customs (Prohibited Imports) Regulations by introducing new prohibitions on the importation of certain drugs. Specifically, Regulation 5 of the Amendment introduces a prohibition on the importation of "4-hydroxybutanoic acid, its salts and esters," commonly known as "Fantasy." This amendment is intended to complement existing controls on the export and trafficking of this substance. The primary aim of this regulatory change is to address public safety concerns following a recent incident in Queensland where eight individuals were hospitalised after consuming a mixture believed to contain Fantasy.
Under Section 50 of the Customs Act 1901, the Governor-General has the authority to prohibit the importation of goods into Australia, either absolutely or subject to specified conditions. The Amendment exercises this power by prohibiting the importation of Fantasy unless certain conditions or restrictions are met, aligning with the broader regulatory framework set out in the Act. The importation of Fantasy is now subject to these new conditions, and any attempt to import the substance without the necessary permissions or approvals will be in breach of these regulations.
Entities and individuals subject to the Customs Act 1901 and the Customs (Prohibited Imports) Regulations are obligated to comply with the new restrictions on importing Fantasy. This includes obtaining any necessary licences, permissions, consents, or approvals as prescribed by the Regulations. Failure to adhere to these requirements will result in the goods being deemed non-compliant, and their importation will be prohibited. Importers must ensure they are aware of and comply with the new regulations to avoid any legal repercussions.
The Amendment also stipulates potential consequences for non-compliance with the new regulations. While the Explanatory Statement does not explicitly detail the penalties for breaches, it is reasonable to infer that penalties could include fines, seizure of the prohibited goods, and potential criminal charges. Under Australian law, breaches of customs regulations can attract significant penalties, particularly where public safety is concerned. The exact penalties would be determined based on the specific circumstances of the breach and could include substantial fines and imprisonment.