EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 316

 

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 2010 (No. 4)

 

Subsection 270(1) 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 or as may be necessary or convenient to be prescribed for giving effect to the Act.

 

Section 50 of the Act provides in part that the Governor-General may, by regulation, prohibit the importation of goods into Australia and that the 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 specified goods for the purposes of the Act, by prohibiting importation absolutely, or by making importation subject to a permission or licence.

 

Regulation 5 of the Principal Regulations sets out a regime controlling the importation into Australia of the narcotic and psychotropic drugs listed in Schedule 4 to the Principal Regulations.

 

The purpose of the amending Regulations is to amend the PI Regulations by adding to Schedule 4, the substances listed in the Attachment, which are classified as controlled drugs or prohibited substances under the Poisons Standard, but which were listed in Schedule 4 to the PI Regulations.

 

The Department of Health and Aging, through its Office of Chemical Safety and Environmental Health, identified a number of substances that are:

• classified as controlled drugs or prohibited substances under the Standard for Uniform Scheduling of Drugs and Poisons (the Poisons Standard), an instrument made under the Therapeutic Goods Act 1989; or
• are controlled under the Single Convention on Narcotic Drugs 1961 or the Convention on Psychotropic Substances 1971;

but which were listed in Schedule 4 to the PI Regulations.

 

The amending Regulations add 13 new substances, which are classified as controlled drugs or prohibited substances under the Poisons Standard, to Schedule 4.

 

The amending Regulations bring these substances into the Customs regime that applies to prohibited imports, including the substances list in Schedule 4 and the power of Customs officers to seize such goods at the border without a warrant.  These amendments also support the Australian Government’s National Drug Strategy and Australia’s commitment to international drug treaties to which Australia is a signatory.

 

The amending Regulations also move “ketamine” from Schedule 8 to Schedule 4 of the PI Regulations. In 2005, changes were made to the Poisons Standard with the effect that ketamine was moved from Schedule 4 of the Poisons Standard (prescription only medicine, prescription animal remedy) to Schedule 8 of the Poisons Standard (Controlled Drug). The movement of ketamine from Schedule 8 of the PI Regulations to Schedule 4 of the PI Regulations, ensures that Schedule 4 aligns with the Poisons Standard.

 

As the amending Regulations are of a minor and machinery nature, no consultation was undertaking in relation to the amending Regulations.

 

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

 

 

Authority: Subsection 270(1) of the Customs Act 1901

 

 

1014344A

 

ATTACHMENT

 

New Substances

 

The purpose of this amendment is to align the PI Regulations with the Poisons Standard. The substances listed below added to Schedule 4 of the PI Regulations so as to reflect those substances listed in Schedules 8 and 9 of the Poisons Standard.

·   Acetylcodeine;

·   Acetylmorphine;

·   Alkoxyamphetamiones;

·   Alkoxyphenylethylamines;

·   Alkylthioamphetamines;

·   Amineptine;

·   Benzylpiperazine;

·   1-(8-Bromobenzo[1,2-b:4,5-b]difuran-4-yl)-2-aminopropane;

·   Codeine-N-oxide;

·   Dimethylamphetamine;

·   Oripavine;

·   4-methylmethcathinone;

·   Trifluoromethylphenylpiperazine.