EXPLANATORY STATEMENT

Select Legislative Instrument 2007 No. 211

 

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Narcotic Substances) Repeal Regulations 2007

Customs (Narcotics Inquiries) Repeal Regulations 2007

 

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 or for the conduct of any other business relating to the Customs.

The purpose of the Regulations is to repeal the Customs (Narcotic Substances) Regulations and the Customs (Narcotics Inquiries) Regulations 1980.

Customs (Narcotic Substances) Regulations

The Customs (Narcotic Substances) Regulations declare 32 narcotic substances for the purposes of the definition of ‘Narcotic substance’ in subsection 4(1) of the Act. Prior to 6 December 2005, this definition provided that a narcotic substance included any substance or thing for the time being declared by the regulations to be a narcotic substance.

However, the definition of ‘Narcotic substance’ was repealed and substituted by the Law and Justice Legislation Amendment (Serious Drug Offences and Other Measures) Act 2005, with effect from 6 December 2005. This definition now provides that a narcotic substance means a border controlled drug or a border controlled plant and these terms are defined as having the same meaning as in Part 9.1 of the Criminal Code.

Therefore, the Customs (Narcotic Substances) Regulations are redundant as narcotic substances no longer need to be declared under the Act. The Customs (Narcotic Substances) Repeal Regulations 2007 repeal these redundant Regulations.

Customs (Narcotics Inquiries) Regulations 1980

The Customs (Narcotics Inquiries) Regulations 1980 prescribe the forms of warrants issued under Division 1A of Part XII of the Act. These warrants related to the use of listening devices in relation to narcotic offences. However, Division 1A of Part XII was repealed by the Surveillance Devices Act 2004 with effect from 15 December 2004 and these warrants are now issued under that Act.

Therefore, as warrants for listening devices are no longer issued under the Act, the Customs (Narcotics Inquiries) Regulations 1980 are redundant. The Customs (Narcotics Inquiries) Repeal Regulations 2007 repeal these redundant Regulations.

No consultation was undertaken 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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