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.
Overview
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1986 No. 307 were enacted to address the need for a legal and unambiguous prohibition on the importation of the drug methaqualone, commonly known as mandrax. This amendment was introduced in response to findings by the Williams Royal Commission of Inquiry into Drugs in 1980, which highlighted the widespread abuse of methaqualone and recommended its prohibition due to the availability of more suitable alternatives for medical use. Previously, the restrictions on importing methaqualone had been implemented administratively, but the legality of this approach was challenged, prompting the need for legislative clarity. The regulations, issued by the Authority of the Minister of State for Industry, Technology and Commerce, aim to ensure that the importation of methaqualone is prohibited except for scientific purposes, thereby fulfilling the policy objective of preventing the misuse of this substance while allowing for its controlled use in scientific research.
Scope and Application
The Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1986 No. 307, issued under the authority of the Minister of State for Industry, Technology and Commerce, specifically target the importation of the drug methaqualone, commonly known as mandrax. These regulations apply to all licensed importers within Australia, seeking to reinforce the prohibition on the importation of this drug except where it is intended for scientific purposes. This legislative amendment was prompted by the findings of the Williams Royal Commission of Inquiry into Drugs in 1980, which highlighted the widespread abuse of methaqualone and its inappropriateness for medical use due to the availability of more suitable alternatives. The regulations amend Regulation 5 of the Customs (Prohibited Imports) Regulations, clarifying that the importation of methaqualone is strictly prohibited unless it is for scientific purposes. This prohibition aims to solidify the legality and enforceability of the ban, addressing the legal concerns raised by the Administrative Appeals Tribunal regarding the previous administrative implementation of these controls. Additionally, Regulation 3 ensures that the regulations appropriately apply to substances that fit the definitions of both "drug" and "therapeutic substance," thus maintaining consistency and clarity in their enforcement.
Key Provisions
The main operative sections of the Customs (Prohibited Imports) Regulations (Amendment) Statutory Rules 1986 No. 307 concern the amendment of existing regulations to impose stricter controls on the importation of the drug methaqualone, commonly known as mandrax. Regulation 2 specifically targets Regulation 5 of the original Customs (Prohibited Imports) Regulations, adding a new restriction that prohibits the importation of methaqualone except for scientific purposes. This change is intended to unequivocally enforce the ban on the importation of this drug, except in cases where it is intended for legitimate scientific research.
These regulations impose several obligations on the parties involved, particularly licensed importers of methaqualone. Firstly, they must ensure that any importation of methaqualone is strictly for scientific purposes, with any other importation being strictly prohibited. Importers must also comply with the licensing requirements and adhere to the conditions set forth in their import permits, which may include detailed documentation and adherence to specific protocols for the importation of substances classified as drugs. Additionally, Regulation 3 clarifies that where a substance meets the definitions of both a "drug" and a "therapeutic substance," both sets of regulations must be complied with, ensuring comprehensive oversight and regulation of such imports.
The regulations also outline the potential consequences for breaches, although specific penalties are not detailed in the explanatory statement. Generally, breaches of customs regulations can lead to severe penalties. For example, the importation of prohibited substances can result in both civil and criminal penalties, including fines and imprisonment. The maximum penalties can vary depending on the severity of the breach, the intent behind it, and the quantity of the substance involved. Civil penalties may include substantial fines, while criminal penalties can range from fines to imprisonment, reflecting the seriousness with which the government treats violations of these import restrictions. Compliance is therefore crucial to avoid these significant repercussions.