Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS (PROHIBITED IMPORTS) AMENDMENT REGULATIONS 1999 (NO. 6) 1999 NO. 250

STATUTORY RULES 1999 NO. 250

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 6)

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.

(3)       Without limiting the generality of paragraph (2)(c), the regulations - ... (a) may provide that the importation of the goods is prohibited unless a licence, permission, consent or approval to import 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 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 a specified person.

These regulations introduce controls on the importation of an additional sixteen (16) chemical substances (items 1 to 7, 9 to 12, 14 to 17 inclusive of Schedule 1).

In addition, the regulations contain technical amendments that:

*       Correct reference to an existing entry by omitting terminology (item 8 Schedule 1)

*       Correct reference to an existing entry by making an amendment. (item 13 Schedule 1).

The regulations introduce controls on the importation 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 4 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 import.

The definition of the term 'drug' in subregulation 5(20) means that at present only three of these five commercially used substances are controlled. The specific listing in the proposed regulations will make the control more apparent to the industry.

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

Item 108A of Schedule 4 presently includes reference to " , its salts and esters". Proposed Item 8 Schedule 1 omits reference to "salts and esters".

Item 161 in Schedule 4 presently refers to "Nicodine". Proposed item 13 Schedule 1 amends this entry by omitting "Nicodine" and inserting "Nicocodine".

The regulations are explained in greater detail in the Attachment.

The regulations commenced on gazettal.

ATTACHMENT

Customs (Prohibited Imports) Amendment Regulations 1999 (No. 6)

Regulation 1 - Name of regulations

Regulation 1 provides for the regulations to be named the Customs (Prohibited Imports) Amendment Regulations 1999 (No. 6)

Regulation 2 - Commencement

Regulation 2 provides for these regulations to commence on gazettal.

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

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

Schedule 1 - Amendments

Items 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15 16 and 17 of Schedule 1 - Various amendments of regulation 3, importation of goods which is prohibited absolutely.

Items 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 14, 15 16 and 17 of Schedule 1 provide for the addition of sixteen (16) chemical substances, the importation of which will be prohibited absolutely.

Item 2 schedule 1 has two (2) separate chemicals noted as insertion items 30A and 30B.

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 import. Three of these five substances are currently subject to import control due to the broad definition of the term "drug" in subregulation 5(20) of the PI Regulations. Their specific listing will make the control more apparent to industry.

b) Items 8 and 13 of Schedule 1 - Various amendments of terminology used in regulation 3, importation of goods, which is prohibited absolutely

Item 8 of Schedule 1 amends Item 108A of Schedule 4 by omitting reference to ", its salts and esters". The broad definitions of derivative and drug in subregulation 5(20) include salts and esters. To continue with this reference could result in confusion in the industry.

Item 13 of Schedule 1 amends reference to "Nicodine" by inserting "Nicocodine" at item 161 in Schedule 4.