STATUTORY RULES
1967 No.
REGULATION UNDER THE CUSTOMS ACT 1901-1967.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the Customs Act 1901-1967.
Dated this eighteenth day of August, 1967.
CASEY
Governor-General.
By His Excellency’s Command,
Minister of State for Customs and Excise.
Amendments of the Customs (Prohibited Imports) Regulations†
Fourth Schedule.
1. The Fourth Schedule to the Customs (Prohibited Imports) Regulations is amended—
(a) by inserting after item 14 the following item:—
| Bufotenine (3-(2-dimethylaminoethyl)-5-hydroxyindole) and preparations containing bufotenine ”; |
(b) by inserting after item 28 the following item:—
“28a | Dimethyltryptamine (3-(2-dimethylaminocthyl)-indole) and preparations containing dimethyltryptamine ”; |
(c) by omitting items 49a and 49b and inserting in their stead the following items: —
| Lysergic acid and preparations containing lysergic acid ”; |
| Lysergide (lysergic acid diethylamide) (LSD25) and preparations containing lysergide (lysergic acid diethylamide) (LSD25) ”; |
| Mescaline (3:4:5-Trimethoxyphenethy1amine) and preparations containing mescaline ”; |
(d) by omitting items 85a and 85b and inserting in their stead the following items:—
“ 85a | Psilocin (3(2-N, N dimethylaminoethyl) 5 hydroxy indole) and preparations containing psilocin ”; |
85b | Psilocybin (3-(2-Dimethylaminoethyl) Indol-4-y1 Dihydrogen Phosphate) and preparations containing psilocybin ”; and |
(e) by omitting from item 92 the words “, lysergide (lysergic acid diethylamide) (LSD25), mescaline (3:4:5-Trimethoxy-phenethy-lamine), psilocin (3(2-N, N dimethylaminoethyl) 5 hydroxy indole) or psilocybin (3-(2-Dimethylaminocthyl) Indol-4-yl Dihydrogen Phosphate) ” and inserting in their stead the words “ or lysergide (lysergic acid diethylamide) (LSD25) ”.
* Notified in the Commonwealth Gazette on 1967.
† 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; 1963, No. 26; 1964, Nos. 25 and 39; 1965, Nos. 81, 91, 135, 167 and 190; 1966, No. 95; and 1967, Nos. 41 and 58.
By Authority: A. J. Arthur,Printer, Canberra
8087/67—Price 5c 10/26.7.1967
Overview
The Customs (Prohibited Imports) Regulations 1967 were enacted to address the problem of the importation of certain controlled substances into Australia. The Regulations were made by the Governor-General in accordance with the Customs Act 1901-1967, and the policy objective was to prohibit the importation of specific substances that were considered dangerous and harmful to public health and safety. The Regulations were amended to include new substances that had been identified as potentially harmful, such as bufotenine, dimethyltryptamine, lysergic acid, lysergide, mescaline, psilocin, and psilocybin. The Regulations aimed to prevent the spread of these substances into the Australian community and to protect the health and wellbeing of its citizens. The Regulations were made under the authority of the Customs Act 1901-1967 and were notified in the Commonwealth Gazette on 1967.
Scope and Application
The Statutory Rules 1967 No. 190, which are regulations made under the Customs Act 1901-1967, focus on amending the Customs (Prohibited Imports) Regulations to specifically address the prohibition of certain substances. These substances include bufotenine, dimethyltryptamine, lysergic acid, lysergide (LSD), mescaline, psilocin, and psilocybin, along with preparations containing these substances. This regulation applies to all individuals and entities attempting to import these items into Australia, thereby extending its reach across the entire nation under Commonwealth jurisdiction. The amendments are designed to strengthen the control over the importation of these substances, which are listed due to their potential for misuse and the associated health risks. While the regulation itself does not explicitly state exclusions or exemptions, its broad application implies that all imports of these substances are prohibited unless specifically authorised under other legislation or regulations. This regulation is an extension of the overarching Customs Act 1901-1967, which provides the legislative framework for the administration and enforcement of customs-related laws in Australia.
Key Provisions
The main operative sections of the Statutory Rules 1967 No. 190, made under the Customs Act 1901-1967, involve amendments to the Fourth Schedule of the Customs (Prohibited Imports) Regulations. Specifically, these amendments add new entries to the list of prohibited imports (item 14a refers to bufotenine and its preparations, item 28a to dimethyltryptamine and its preparations, item 49a to lysergic acid and its preparations, item 49b to lysergide or LSD25 and its preparations, item 49c to mescaline and its preparations, item 85a to psilocin and its preparations, and item 85b to psilocybin and its preparations). Furthermore, the regulation makes adjustments to existing entries by omitting certain items and replacing them with new ones, such as the replacement of items 49a and 49b with the new entries for lysergic acid and its preparations, lysergide or LSD25 and its preparations, and mescaline and its preparations, and the replacement of items 85a and 85b with the new entries for psilocin and its preparations, and psilocybin and its preparations.
These amendments impose specific obligations and requirements on entities and individuals involved in importing goods into Australia. The regulation clearly states which substances are prohibited and what constitutes a preparation containing these substances. Importers must ensure that their goods do not contain any of the listed substances or preparations, as failure to comply with these provisions can lead to legal consequences. This includes a requirement to declare accurately the contents of any imported goods and to refrain from importing items that are explicitly prohibited by this regulation.
The legislation also outlines the consequences of breaching the regulations. While the document does not explicitly state the penalties, breaches of the Customs Act 1901-1967 can typically result in substantial fines and potential imprisonment. For example, under the Customs Act, individuals found guilty of importing prohibited goods can face penalties that include fines of up to $220,000 and/or imprisonment for up to 10 years for serious offences. Additionally, the Act provides for the seizure and forfeiture of goods that are found to be in breach of the regulations, further emphasizing the seriousness of non-compliance. Therefore, entities and individuals must take these provisions seriously to avoid facing severe penalties.