Commonwealth Consolidated Regulations

CUSTOMS (PROHIBITED EXPORTS) REGULATIONS 1958 - REG 10

  (1)   The exportation from Australia of a Schedule   8 drug is prohibited:

  (a)   unless:

  (i)   the drug is exported from Australia by a licensed exporter; and

  (ii)   the Secretary or an authorised person has, by an instrument in writing that is in force, granted permission for the licensed exporter to export the drug to a specified country; and

  (iii)   the drug is exported from Australia within 3 months after the Secretary or an authorised person granted the permission or within any further period allowed from time to time by the Secretary or an authorised person and specified in the permission; and

  (iv)   the drug is consigned to the country to which the Secretary or an authorised person has, by the instrument, granted the licensed exporter permission to export the drug; and

  (v)   the licensed exporter, if asked by the Collector, produces the permission to the Collector; or

  (b)   unless the drug is exported from Australia by a person on board a ship or aircraft, if the drug:

  (i)   is not a drug listed in Schedule IV to the Single Convention; and

  (ii)   is required for the medical treatment of the person or of another person under the care of the person; and

  (iii)   was prescribed by a medical practitioner for that treatment; and

  (iv)   was supplied to the person in accordance with the prescription of the medical practitioner mentioned in subparagraph   (iii); or

  (c)   unless the drug is exported from Australia by a person on board a ship or aircraft, if the drug:

  (i)   is not a drug listed in Schedule IV to the Single Convention; and

  (ii)   is required for the medical treatment of the person or of another person under the care of the person; and

  (iii)   is included in Schedule   2 or Schedule   3 to the current Poisons Standard within the meaning of section   52A of the Therapeutic Goods Act 1989 ; and

  (iv)   is being exported in an amount that does not exceed:

  (A)   if the drug is a divided dosage product (including tablets and capsules) and pseudoephedrine is the sole active ingredient--30 dosage units; or

  (B)   if the drug is a divided dosage product (including tablets and capsules) and it contains pseudoephedrine in combination with other active ingredients--50 dosage units; or

  (C)   in any other case--3 months supply of the recommended daily dosage of the drug; or

  (d)   unless the drug is exported from Australia by a person on board a ship or aircraft, if the drug:

  (i)   is not a drug listed in Schedule IV to the Single Convention; and

  (ii)   is required for the medical treatment of an animal that is being exported and is under the care of the person; and

  (iii)   was prescribed by a veterinarian for the treatment; and

  (iv)   was supplied to the person in accordance with the prescription of the veterinarian mentioned in subparagraph   (iii); or

  (e)   unless the drug is exported from Australia by a person on board a ship or aircraft if the drug:

  (i)   is not a drug listed in Schedule IV to the Single Convention; and

  (ii)   is required for the medical treatment of an animal under the care of the person; and

  (iii)   is included in Schedule   2 or Schedule   3 to the current Poisons Standard within the meaning of section   52A of the Therapeutic Goods Act 1989 ; and

  (iv)   is being exported in an amount that does not exceed:

  (A)   if the drug is a divided dosage product (including tablets and capsules) and pseudoephedrine is the sole active ingredient--30 dosage units; or

  (B)   if the drug is a divided dosage product (including tablets and capsules) and it contains pseudoephedrine in combination with other active ingredients--50 dosage units; or

  (C)   in any other case--3 months supply of the recommended daily dosage of the drug; or

  (f)   unless the drug is exported from Australia on a ship or aircraft if:

  (i)   the drug is not a drug listed in Schedule IV to the Single Convention; and

  (ii)   the drug is for first - aid or emergency purposes during the ship's voyage or the aircraft's flight; and

  (iii)   the amount of the drug being exported is consistent with the number of passengers and crew on board the ship or aircraft and the duration of the voyage or flight; or

  (g)   unless the drug is exported from Australia by a person on board a ship or aircraft if:

  (i)   the drug is not a drug listed in Schedule IV to the Single Convention; and

  (ii)   the person is a medical practitioner, nurse or paramedic; and

  (iii)   the person is exporting the drug for providing emergency medical treatment to another person; and

  (iv)   the amount of the drug being exported is consistent with the treatment of that other person.

  (2)   The exportation of a Schedule   8 drug from Australia to another country by post is prohibited unless the Secretary or an authorised person has, in the instrument granting a licensed exporter permission to export the drug to the other country, or in another instrument in writing that is in force, authorised the exportation of the drug by post to the other country.

  (3)   An application for a permission to export a Schedule   8 drug:

  (a)   must be in writing; and

  (b)   must be lodged with the Secretary; and

  (c)   must state the country to which the drug is to be exported; and

  (d)   for a drug specified in Part   1 or 2 of Schedule   8--must be accompanied by an authorisation from the appropriate governmental authority of the country to which the drug is to be exported authorising the importation of the drug into that country.

  (4)   If the Secretary or an authorised person refuses to grant an application for a permission under subparagraph   (1)(a)(ii) or subregulation   (2), the Secretary or authorised person must tell the licensed exporter in writing.