EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 298

 

Issued by the Authority of the Minister for Home Affairs

 

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2009 (No. 5)

 

Section 270 of the Customs Act 1901 (the Customs Act) provides, in part, that the Governor‑General may make regulations not inconsistent with the Act, as necessary to give effect to the Act.

Section 50 of the Act provides that the Governor-General may, by regulation, prohibit the importation of goods into Australia. This power may be exercised by prohibiting the importation of goods absolutely, or by prohibiting the importation of goods unless specified conditions or restrictions are complied with.

The Customs (Prohibited Imports) Regulations 1956 (the Principal Regulations) control the importation of the goods specified in various regulations and Schedules.

The amending Regulations amend the provisions in the Principal Regulations related to the importation of performance enhancing drugs.

Regulation 5G of the Principal Regulations prohibits the importation of substances mentioned in Schedule 7A to the Principal Regulations unless permission has been given. Schedule 7A lists substances such as growth hormones and other performance enhancing substances (Schedule 7A substance).

Subregulation 5G(2) provides that the import prohibition does not apply to a Schedule 7A substance if:

–        the substance is required for the medical treatment of a person who is a passenger on a ship or aircraft;

–        the substance is imported into Australia on the ship or aircraft;

–        the substance was prescribed by a medical practitioner for that treatment; and

–        the amount of the substance imported does not exceed the amount of the substance prescribed by the medical practitioner for the person receiving the treatment.

However, subregulation 5G(3) provides that the exception from the import control in subregulation 5G(2) does not apply if the Schedule 7A substance is required for the medical treatment of:

–        a person who is a competitor within the meaning of the Australian Sports Drug Agency Act 1990 (the Drug Agency Act); or

–        a person who has come to Australia for purposes relating to the performance of a competitor or the management of a competitor or a competitor's interests.

The amending Regulations update subregulation 5G(3) to reflect that the Drug Agency Act has been repealed and replaced by the Australian Sports Anti-Doping Authority Act 2006 (the ASADA Act) and incorporates new terminology in the ASADA Act, which uses the term 'athlete' instead of 'competitor' and introduced the term 'support person' in relation to an athlete.

The amending Regulations amend subregulation 5G(3) so that the exception in subregulation 5G(2) does not apply to a Schedule 7A substance that is being imported for the medical treatment of:

–        an 'athlete' within the meaning of the ASADA Act; or

–        a person who is a 'support person' within the meaning of the ASADA Act and who has come to Australia for purposes relating to the performance of an athlete or the management of an athlete or an athlete's interests.

The amending Regulations also update the examples contained in subregulation 5G(3) to reflect the change in terminology from 'competitor' to 'athlete'.

No consultation was undertaken specifically in relation to the amending Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.

The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

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