Explanatory Statement
Statutory Rules 1986 No. 307
Customs (Prohibited Imports) Regulations (Amendment)
Issued by the Authority of the Minister of State for Industry, Technology and Commerce
The principal purpose of the regulations is to amend the Customs (Prohibited Imports) Regulations to extend the import controls on the importation of the drug methaqualone (mandrax). The effect of this change will be to prohibit the importation of this drug, except for scientific purposes.
The prohibition on the importation of methaqualone was recommended by the Williams Royal Commission of Inquiry into Drugs in 1980, as it found that methaqualone was widely abused and that it was undesirable for medical use as other more suitable drugs were available where methaqualone had previously been indicated.
Since 30 June 1980, the expanded control on the importation of methaqualone recommended by the Williams Royal Commission has been implemented administratively under the existing Customs (Prohibited Imports) Regulations, by restricting the number of import permits issued for the drug. However, the legality of implementing the desired prohibition in that manner was recently called into question by the Administrative Appeals Tribunal. The amendments will put beyond doubt the ability to prohibit the importation of this drug where it is to be used for purposes other than scientific purposes. Details of the Regulations are as follows:
Regulation 1 is a technical drafting provision
Regulation 2 amends Regulation 5 of the Customs (Prohibited Imports) Regulations, to impose a new restriction on a licenced importer of the drug methaqualone (mandrax). The effect of the new restriction is to prohibit the importation of this drug, except where it is to be used for scientific purposes.
Regulation 3 clarifies the operation of regulations 5 and 5A to ensure that where a substance conforms to the definition of both “drug” and “therapeutic substance” the requirement of both regulations apply in respect of the importation of such substances.