Commonwealth Consolidated Regulations

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CUSTOMS (PROHIBITED IMPORTS) REGULATIONS 1956 - REG 5G

Importation of certain substances

  (1)   The importation into Australia of a substance mentioned in Schedule   7A is prohibited unless:

  (a)   the person importing the substance is the holder of a permission to import the substance granted in writing by the Secretary or an authorised person; and

  (b)   the permission is produced to a Collector.

  (2)   Subregulation (1) does not apply to a substance if:

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

  (b)   the substance is imported into Australia on the ship or aircraft; and

  (c)   the substance was prescribed by a medical practitioner for that treatment; and

  (d)   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.

  (3)   However, the exception in subregulation   (2) does not apply to a substance if the substance is required for the medical treatment of:

  (a)   a person who is an athlete within the meaning of section   4 of the Sport Integrity Australia Act 2020 ; or

  (b)   a person who:

  (i)   is a support person within the meaning of section   4 of the Sport Integrity Australia Act 2020 ; and

  (ii)   has come to Australia for purposes relating to the performance of an athlete, the management of an athlete or the management of an athlete's interests.

Examples of purposes mentioned in subparagraph   (3)(b)(ii)

1   Coaching or training an athlete.

2   Providing medical treatment or physiotherapy to an athlete.

3   Managing an athlete.

4   Managing public relations for an athlete.

  (4)   A permission may specify:

  (a)   conditions or requirements to be complied with by the holder of the permission; and

  (b)   when the holder of the permission must comply with a condition or requirement, whether before or after the importation of the substance to which the permission relates.

  (5)   If the holder of a permission does not comply with a condition or requirement   (if any) of the permission, the Secretary may, in writing, revoke the permission.

  (6)   In this regulation:

"authorised person" means a person who is authorised by the Secretary under subregulation (7) to be an authorised person.

"Department" means the Department administered by the Minister administering the Therapeutic Goods Act 1989 .

"medical practitioner" means a person authorised to practice as a medical practitioner under a law of a State, a Territory or another country.

"Secretary" means the Secretary to the Department.

  (7)   For the purposes of the definition of authorised person in subregulation (6), the Secretary may, in writing, authorise the following to be an authorised person for the purposes of this regulation:

  (a)   an officer of the Department;

  (b)   the Administrator of Norfolk Island.


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