EXPLANATORY STATEMENT
CUSTOMS ACT 1901
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
STATUTORY RULES 1989 NO. 379
ISSUED BY THE AUTHORITY OF THE MINISTER OF STATE FOR INDUSTRY, TECHNOLOGY AND COMMERCE
Section 50 of the Customs Act 1901 provides in part that “(1) The Governor-General may, by regulation, prohibit the importation of goods into Australia. (2) The power conferred by the last preceding sub-section may be exercised - (a) by prohibiting the importation of goods absolutely; ... (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 - (a) 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.”
These Statutory Rules amend regulation 5A of the Customs (Prohibited Imports) Regulations; i) to limit the quantities of therapeutic substances which may be imported into Australia by a passenger for the personal use of that passenger or a relative of that passenger; ii) to add three substances to the list of goods controlled as prohibited imports under subregulation 5A(1), namely anabolic substances, androgenic substances and natural and synthetic growth hormones; and iii) to make technical drafting changes to modernize the style of this Regulation.
Details of the Statutory Rules are set out as follows:
Paragraph a: effects a technical amendment to paragraph (1)(a) to delete the word “or” where it appears at the end of the paragraph to take account of the addition of a new paragraph (1)(c) (see paragraph (c) below).
Paragraph b: effects a technical amendment to paragraph (1)(b) to substitute the word “substances,” with the words “substances; or” to take account of the addition of a new paragraph (1)(c) (see paragraph (c) below).
Paragraph c: inserts a new paragraph (1)(c) into regulation 5A to add anabolic or androgenic substances or natural or synthetic growth hormones to the list of goods which may not be imported into Australia unless a permission in writing has been granted.
• this follows the Government’s decision that a stricter control regime for these substances was necessary due to the concern that these substances may be abused for sporting purposes.
• these goods may not be the subject of a “personal use exemption” under subregulation (2).
Paragraph d: omits the existing subregulation (2) and instead replaces it with a new subregulation (2) which simplifies and modernises the expression of the provision and expressly provides the maximum amount of a therapeutic substance which may be the subject of a personal use exemption as follows:
• new paragraph (2)(a) provides that therapeutic substances listed in subregulation (1) cannot be dealt with under subregulation (3) (and neither can they be the subject of a personal use exemption);
• new paragraph (2)(b) provides the details of the new “personal use exemption” control regime:
- therapeutic substances which do not fall within the terms of subregulation (1) need not be imported under the control regime set out in subregulation (3) if the therapeutic substance is:
• imported by a passenger in a ship or aircraft
• brought to Australia on that same ship or aircraft
• is for the personal use of the passenger or a relative of the passenger (see below paragraph (1) for a definition of the term “relative”) and
• the amount of the substance does not exceed 3 months’ supply for a person at the maximum dosage recommended by the manufacturer of the substance.
- there had been difficulties with the operation of the previous subregulation (2) as no maximum amount of therapeutic substance was listed in the Regulations. This “personal use exemption” provision is designed to strike a reasonable balance between allowing passengers to import necessary medication without the need to seek a formal written permission and on the other hand controlling larger importations of the same substances which may be abused for sporting purposes.
Paragraphs (e), (f), (g), (h), (i), (j) and (k): effect technical drafting changes to subregulations (3), (4), (5), (6) and (7) to reflect modern drafting practice; for instance, instead of using the phrase “the next succeeding sub-regulation”, the actual subregulation itself is referred to.
Paragraph (1): omits the existing subregulation (8) and substitutes in its place a new subregulation (8) which retains the same definition of the term “authorised person” and inserts a definition of the term “relative” for the purposes of the “personal use exemption” in subregulation (2), which covers a passenger’s spouse (legal or de facto), child, parent or grandparent.