Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED EXPORTS) AMENDMENT REGULATIONS 1999 (NO. 5) 1999 NO. 248

STATUTORY RULES 1999 NO. 248

Issued by the Authority of the Minister for Justice and Customs

Custom Act 1901

Customs (Prohibited Exports) Amendment Regulations 1999 (No. 5)

Section 112 of the Customs Act 1901 ("the Act") provides in part that:

"(1)       The Governor-General may, by regulation, prohibit the exportation of goods from Australia.

(2)        The power conferred by the last preceding subsection may be exercised - (c) by prohibiting the exportation of goods unless specified conditions or restrictions are complied with.

(2A)       Without limiting the generality of paragraph (2)(c), the regulations - ... (a) may provide that the exportation of the goods is prohibited unless a licence, permission, consent or approval to export the goods or a class of goods in which the goods are included has been granted as prescribed by the regulations; and..."

The Customs (Prohibited Exports) Regulations 1958 ("the Regulations") control the exportation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting exportation absolutely, or making exportation subject to the permission of a Minister or an authorised person.

These regulations introduce controls on the exportation of an additional sixteen (16) chemical substances (items 3, 5.6, 7, 8, 9, 10. 11, 13, 14, and 15 of Schedule 1)

In addition, the regulations contain some technical amendments that

*       Correct reference to an existing entry by omitting terminology (item 12 of Schedule 1)

*       Correct reference to an existing entry by making an amendment. (items 1.2 and 4 of Schedule 1).

The regulations introduce controls on the exportation of an additional sixteen chemical substances. The addition of these substances will enable Australia to meet its obligations under the United Nations Convention on Psychotropic Substances 1971 The proposed regulations will be included Schedule 8 of the regulations.

The regulations also address public health concerns over emerging designer drugs.

Only five of the substances have a legitimate commercial use in Australia. Liaison with industry has been successful in gaining acceptance of the need for controlling their export.

The specific listing in the regulations will make the control more apparent to the industry.

The amendments are to correct terminology presently used in the regulations.

Item 15A Part 3 Schedule 8 presently includes reference to its salts and esters". Item 12 Schedule 1 omits reference to "salts and esters".

Item 7B Part 1 Schedule 3 presently refers to "Nicodine". Item 1 Schedule 1 amends this entry by omitting "Nicodine" and inserting "Nicocodine".

Item 7 Part 2 Schedule 8 presently refers to "N, N-dimethtyltryptamine". Item 2 Schedule 1 amends this entry by omitting "N, N-dimethtyltryptamine" and inserting "N, Ndiethyltryptamine".

Item 11 Part 2 Schedule 8 presently refers to "N, N-dimethyltriptamine". Item 4 Schedule 1 amends this entry by omitting "N, N- dimethyltriptamine" and inserting "N. Ndimethyltryptamine".

The regulations are explained in greater detail in the Attachment.

The regulations commenced on gazettal.

ATTACHMENT

Customs (Prohibited Exports) Amendment Regulations 1999 (No. 5)

Regulation 1 - Name of regulations

Regulation 1 provides for the regulations to be named the Custom (Prohibited Exports) Amendment Regulations 1999 (No. 5)

Regulation 2 - Commencement

Regulation 2 provides that these regulations commenced on gazettal.

Regulation 3 - Amendment of Customs (Prohibited Exports) Regulations 1958

Regulation 3 provides that the Regulations are amended as set out in Schedule 1.

Schedule 1 - Amendment

Items 3, 5, 6, 7, 8, 9, 10, 11, 13, 14, and 15 of Schedule 1 - Various amendments of regulation 3, exportation of goods which is prohibited absolutely.

Items 3, 5, 6, 7, 8, 9, 10. 11, 13, 14, and 15 of Schedule 1 provide for the addition of sixteen (16) chemical substances, the exportation of which will be prohibited absolutely.

Items 9, 10, 13 and 14 of schedule 1 each identify more than one chemical substance as insertion items 3A, 3B, 4A, 4B, 18A, 18B, 18C, 21A, and 21B respectively.

The addition of these sixteen chemical substances will enable Australia to meet its obligations under the United Nations Convention on Psychotropic Substances 1971.

The regulations also address public health concerns over emerging designer drugs.

Only five of the substances have a legitimate commercial use in Australia. Liaison with industry has been successful in gaining acceptance of the need for controlling their export. Their specific listing will make the control more apparent to industry.

b) Items 1, 2 4 and 12 of Schedule 1 - Various amendments of terminology used in regulation 3, exportation of goods which is prohibited absolutely

Item 12 Schedule 1 amends Item 15A Part 3 Schedule 8 by omitting reference to ", its salts and esters". The broad definitions of derivative and drug in subregulation 10(5) and 10(6) include salts and esters. To continue with this reference could result in confusion in the industry.

Item 7B Part 1 Schedule 8 presently refers to "Nicodine". Item 1 Schedule 1 amends this entry by omitting "Nicodine" and inserting "Nicocodine".

Item 7 Part 2 Schedule 8 presently refers to "N, N-dimethtyltryptamine". Item 2 Schedule 1 amends this entry by omitting "N, N-dimethtyltryptamine" and inserting "N, N-diethyltryptamine".

Item 11 Part 2 Schedule 8 presently refers to "N-dimethyltriptamine". Item 4 Schedule 1 amends this entry by omitting "N, N- dimethyltriptamine" and inserting "N, Ndimethyltryptamine".