EXPLANATORY STATEMENT
STATUTORY RULES 1982 NO. 44
CUSTOMS (PROHIBITED IMPORTS) REGULATIONS (AMENDMENT)
Issued by the Authority of the Minister of State for Business & Consumer Affairs
The purpose of the accompanying regulations is to amend the Customs (Prohibited Imports) Regulations in the following respects -
Regulation 1
Amends regulation 5 of the Customs (Prohibited Imports) Regulations to insert a new provision to enable applications to be able to be made to the Administrative Appeals Tribunal for review of certain decisions by the Director-General of Health -
(a) not to grant a licence to import drugs under sub-regulation 5(5); or
(b) to revoke a licence to import drugs under sub-regulation 5(17).
Sub-regulation 5(5) provides that where a person makes an application in the required form for a licence to import drugs the Director-General of Health shall grant to the person the licence. Sub-regulation 5(17) provides that where the holder of a licence to import drugs fails to comply with a condition or requirement set out in sub-regulation (9) the Director-General of Health may revoke the licence.
The inclusion of these appeal provisions results from representations made by the Chairman of the Senate Standing Committee on Regulations and Ordinances to the Minister for Business and Consumer Affairs following consultation with the Administrative Review Council.
Regulation 2
Amends the Fourth Schedule to the Customs (Prohibited Imports) Regulations to insert an additional 5 substances that are to be the subject of import control. The inclusion of these additional substances in the Fourth Schedule to the regulations stems from a request by the Minister for Health following decisions made by the United Nations Commission on Narcotic Drugs. The Commission has decided that these substances are to be covered by the Single Convention on Narcotic Drugs or the Convention on Psychotropic Substances.
Australia, as a signatory to both Conventions is obliged to impose Commonwealth and State controls at least as strict as those required by the Conventions, The inclusion of the substances in the Fourth Schedule to the regulations will enable Australia’s obligations to be met in this regard.