Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 2000 (NO. 2) 2000 NO. 75

STATUTORY RULES 2000 No. 75

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2000 (No. 2)

Section 270 of the Customs Act 1901 (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act. Section 50 of the Customs Act 1901 (the Act) provides in part that:

(1)       The Governor-General may, by regulation, prohibit the importation of goods into Australia.

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

The Customs (Prohibited Imports) Regulations 1956 (the Regulations) control the importation of the goods specified in the various regulations or the Schedules to the Regulations, by prohibiting importation absolutely, or making importation subject to the permission of a Minister or an authorised person.

The purpose of the Regulations is to group certain performance enhancing drugs together so that the same conditions attach to their importation.

The regulations amend Schedule 7A of the Regulations, Substances the importation of which is prohibited if permission is not granted under regulations 5G, by inserting additional items (item 1 of Schedule 1) and by omitting the same items, item 3A and 3B, from Schedule 8, Goods the importation of which is prohibited if permission is not granted under regulations 51-1 (item 2 of Schedule 1). Schedule 7A and regulation 5G restrict the importation of Erythropoietin (EPO) to passengers with medical evidence that the substance is required for legitimate medical treatment. Sports competitors or their professional associates need prior permission to import EPO. The amendments place human growth hormone and gonadotrophins, which also have legitimate therapeutic uses but currently require prior permission to import, under the same regulatory control as EPO.

The regulations are explained in greater detail in the Attachment.

The Regulations commence on the commencement of Schedule 2 to the Customs Legislation Amendment (Criminal Sanctions and Other Measures) Act 2000 (the Criminal Sanctions Act). These Regulations contain items referred to in the Customs Amendment Regulations 2000 also submitted for Executive Council consideration. The Customs Amendment Regulations implement changes arising from the commencement of the Criminal Sanctions Act. Both sets of Regulations commence on the commencement of Schedule 2 of the Criminal Sanctions Act, ie 26 May 2000.

ATTACHMENT

Customs (Prohibited Imports) Amendment Regulations 2000 (No. 2)

Regulation 1 - Name of Regulations

Regulation 1 provides for the Regulations to be named the Customs (Prohibited Imports) Amendment Regulations 2000 (No. 2).

Regulation 2 - Commencement

Regulation 2 provides for the Regulations to commence on the commencement of Schedule 2 to the Customs Legislation Amendment (Criminal Sanctions and Other Measures) Act 2000 (the Criminal Sanctions Act). These Regulations contains items referred to in the Customs Amendment Regulations 2000 also submitted for Executive Council consideration. The Customs Amendment Regulations implement changes arising from the commencement of the Criminal Sanctions Act. Both sets of Regulations commence on the commencement of Schedule 2 of the Criminal Sanctions Act, ie 26 May 2000.

Regulation 3 - Amendment of Customs (Prohibited Imports) Regulations 1956

Regulation 3 provides for the Regulations to be amended as set out in Schedule 1.

Schedule 1 - Amendments

Item 1 of Schedule 1 - addition of two items to Schedule 7A, Substances the importation of which is prohibited if permission is not granted under regulation 5G.

Item 1 of Schedule 1 inserts into Schedule 7A two items that are being moved from Schedule 8. The new items will be items 2 and 3 of Schedule 7A and deal with natural and manufactured gonadotrophins and natural and manufactured growth hormones. Schedule 7A and regulation' 5G restrict the importation of Erythropoietin (EPO) to passengers with medical evidence to import that the substance is required for legitimate medical treatment. Sports competitors or their professional associates need prior permission to import EPO. The amendments place human growth hormone and gonadotrophins, which also have legitimate therapeutic uses but currently require prior permission to import, under the same regulatory control as EPO.

Item 2 of Schedule 1 - omitting two items from Schedule 8, Goods the importation of which is prohibited if permission is not granted under regulation 5H.

Item 2 of Schedule 1 omits items 3A; natural and manufactured gonadotrophins and 3B; natural and manufactured growth hormones from Schedule 8 of the regulations.