Statutory Rules
1976 No. 186
REGULATION UNDER THE CUSTOMS ACT 1901.*
I, THE GOVERNOR-GENERAL of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901.
Dated this twenty-sixth day of August, 1976.
JOHN R. KERR
Governor-General.
By His Excellency’s Command,
JOHN HOWARD
Minister of State for Business and Consumer Affairs.
Amendments of the Customs (Prohibited Imports) Regulations†
Fourth Schedule.
The Fourth Schedule to the Customs (Prohibited Imports) Regulations is amended—
(a) by omitting Item 41bb and substituting the following item:— |
“ 41bb | Heroin (Diacetylmorphine) and its salts and preparations containing heroin or any of its salts |
and
(b) by omitting Item 45a and substituting the following item:— |
“ 45a | Ketobemidone and its salts and preparations containing ketobemidone or any of its salts ”. |
* Notified in the Australian Government Gazette on 30 August 1976.
† 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; 1961, 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, 43, 89, 93, 162, 175, 217, 227, 228 and 262; 1974, Nos. 123 and 249; 1975, Nos. 58, 62, 121, 172 and 183; and 1976, Nos. 98 and 159.
Overview
Statutory Rules 1976 No. 186, made under the Customs Act 1901, aims to address the issue of prohibited imports by amending the Customs (Prohibited Imports) Regulations. Enacted by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council, these regulations seek to update and tighten the controls on specific substances that are prohibited from being imported into Australia. The primary objective of these amendments is to ensure that dangerous and controlled substances are kept out of the country, thereby protecting public health and safety and aligning with international standards on drug control. The amendments to the Fourth Schedule focus on specific substances such as heroin and ketobemidone, ensuring that any salts or preparations containing these substances are also prohibited from importation.
Scope and Application
The Statutory Rules 1976 No. 186, made under the Customs Act 1901, is a regulation that amends the Customs (Prohibited Imports) Regulations by updating the list of prohibited substances, specifically addressing heroin (diacetylmorphine) and its salts and preparations, as well as ketobemidone and its salts and preparations. These regulations apply to all individuals, entities, and industries involved in importing goods into Australia, thereby ensuring that these substances are not brought into the country. The regulation has a national jurisdictional reach, as it is enacted by the Commonwealth of Australia. The regulation operates to restrict the importation of specified substances by amending the list in the Fourth Schedule of the Customs (Prohibited Imports) Regulations, thereby extending the application of the Customs Act 1901 to these newly listed substances. This legislative instrument does not specify any exclusions, exemptions, or thresholds within the text itself, although such details may be found in the broader context of the Customs Act 1901 and related subordinate instruments.
Key Provisions
The Statutory Rules 1976 No. 186, made under the Customs Act 1901, primarily focuses on amending the Customs (Prohibited Imports) Regulations. Specifically, it alters the Fourth Schedule to update the list of prohibited imports. Section (a) of the amendment removes Item 41bb, which previously pertained to certain substances, and replaces it with a new item concerning heroin (diacetylmorphine) and its salts and preparations containing heroin or any of its salts. Similarly, section (b) removes Item 45a, which previously covered different substances, and substitutes it with a new item about ketobemidone and its salts and preparations containing ketobemidone or any of its salts. These changes reflect the updated regulatory stance on the importation of specific controlled substances.
The obligations imposed by these amendments require that importers, exporters, and other relevant parties comply with the updated list of prohibited imports. This includes ensuring that any goods intended for import into Australia do not include the newly listed substances, such as heroin or ketobemidone, in any form. Importers must declare the contents of their shipments accurately and truthfully to comply with the Customs Act 1901 and the amended regulations. Failure to adhere to these requirements can result in significant legal consequences.
Breaching the provisions of the Customs Act 1901 and the amended regulations can lead to both civil and criminal penalties. Under section 187 of the Customs Act, the maximum penalty for contravening the regulations may include fines and imprisonment. For example, knowingly importing or attempting to import a prohibited substance can result in a penalty of up to five years' imprisonment or a fine of up to $52,500, or both, for individuals. For corporations, the penalties can be even more severe, potentially involving fines up to $262,500. These stringent measures are in place to enforce compliance and deter illegal importation activities.