National Health Act 1953
Export of Pharmaceutical Benefits Scheme (PBS)
Prescription Drugs
Guidelines for Detention of, Dealing with, and Disposal of
Drug like substances
I, LIONEL BARRIE WOODWARD, Chief Executive Officer of Customs, in pursuance of subsection 99ZS(1) of the National Health Act 1953 hereby issue Customs Guidelines concerning the Export of PBS Prescription Drugs.
Dated this 12th day of February 2001.
LIONEL BARRIE WOODWARD
CHIEF EXECUTIVE OFFICER
AUSTRALIAN CUSTOMS SERVICE
AUSTRALIAN CUSTOMS SERVICE (CUSTOMS) GUIDELINES
FOR DETENTION OF, DEALING WITH, AND DISPOSAL OF, DRUG LIKE
SUBSTANCES – SECTION 99ZS(1) OF THE NATIONAL HEALTH ACT 1953
(a) Examination and inspection of items of baggage and articles consigned
for export
Customs officers are empowered under Section 99ZL of the National Health Act 1953 (“the Act) to examine export baggage of travellers or other consigned cargo for drug like substances.
It is Customs policy that the examination of goods departing Australia at international airports, seaports, postal exchanges and cargo terminals will be on the basis of intervention by exception. Intervention may occur as a result of:
- intelligence gathering by Health Insurance Commission (HIC) or Customs;
- planned operations, including those using non-intrusive examination techniques:
- suspected Pharmaceutical Benefits Scheme (PBS) drug like substances coming to attention during examinations targeting other goods subject to Customs control.
All inspections are to be conducted in accordance with existing Standing Operating Procedures for the examination of goods subject to Customs control.
If there are sufficient reasonable grounds to suspect that a person is carrying PBS drug like substances on his/her body (thus falling into the definition of prohibited goods being goods whose exportation is subject to restrictions or conditions under any law of the Commonwealth), then the person may be detained for a personal search. Any such action must be in accordance with ss.219L-219ZL of the Customs Act 1901 and the Customs Operating Directions and Explanatory notes (ODENs) on Detention and Search of Suspects.
(Note: A definition of “drug like substances” can be found on the reverse of the Notice of Detention.)
(b) Detention of PBS Drug Like Substances
If drug like substances are located during the course of an examination and it is suspected that:
- a Commonwealth benefit has been paid or is payable in respect of those drugs; and
- the drugs are not for the personal use of the person carrying/exporting them, or a person in their company;
then some or all of the substances should be detained for transfer to the HIC using a Notice of Detention of PBS Drugs form.
2.
If a decision is made not to detain the drug like substances but a Customs officer’s suspicions are aroused because of factors such as the quantity, or manner of packaging/carriage, or any other circumstances, the Act allows for information to be transferred to HIC for monitoring purposes. A brief statement of the circumstances surrounding the exportation together with copies of documents as outlined in (d) below should be passed to HIC in accordance with Section 16 of the Customs Administration Act 1985 and subject to provisions of the Privacy Act 1988. An information report should also be entered into the Customs intelligence database.
In the case of a departing traveller, any inquiries or questioning about the origins of the drug like substances in their possession must not impede the person from catching their intended flight/vessel or cause any delay to the scheduled departure of the aircraft/vessel. If there is not time to resolve any doubts or to complete the necessary paperwork, then the traveller should be permitted to proceed with their goods. In such cases, as much information as possible should be passed to the HIC in accordance with the paragraph above.
(c) Transfer of detained drug like substances
In most instances, the drugs and any accompanying documentation will be placed in an approved Customs evidence bag and sealed. Where HIC staff are immediately available to take control of the drugs, this will not be necessary.
The seal number is to be recorded on the coloured copies of the Notice of Detention and the goods taken to a place of security until transferred. For the purposes of the Act, a place of security shall be the secure area designed for the storage of detained/seized goods located at international airports/seaports, international mail exchanges, Customs Houses or Regional District Offices.
The HIC officer accepting responsibility for the goods must complete the relevant details on the receipt contained on the Notice of Detention and provide a signature at time of collection.
(d) Copying, retaining and transferring documents
The Act provides for the following copies to be taken:
When PBS drugs are being carried out of Australia
- Two (2) copies of any signed declaration: copy for transfer to HIC; copy for Customs file; original returned to exporter.
- Two (2) copies of any other document provided in support of the declaration: original returned to exporter; copy for transfer to HIC; copy for Customs file.
3.
When PBS drugs are contained within an article consigned for export
- One (1) copy of the Customs declaration relating to the article: original for Customs file; copy for transfer to HIC.
- Two (2) copies of any other document included in the article: original to be returned to article; copy for transfer to HIC; copy for Customs file.
Copies of documentation retained under the Act for Customs file purposes must be transferred to a secure storage facility within a Customs controlled area at an international airport/seaport or international mail exchange or at Customs Houses or Regional District Offices.
Any such copies of documentation must not be used for any other unrelated purpose and must be destroyed at the end of 12 months, or on completion of any complaint or proceeding initiated against Customs.