Commonwealth Numbered Acts

PSYCHOTROPIC SUBSTANCES ACT 1976 No. 87, 1976 - SECT 9

9. (1) Where a psychotropic substance (not being a psychotropic substance in
dosage form) or a psychotropic preparation consigned to a person, or to a
place, outside Australia enters Australia on a vessel or aircraft in the
course of consignment, a Collector may, whether or not the substance or
preparation is unloaded from the vessel or aircraft in which it enters
Australia, require the person having the possession or control of the
substance or preparation to produce to him an export authorization in relation
to the substance or preparation.

(2) Where a person who is required in pursuance of sub-section (1) to produce
to a Collector an export authorization in respect of a psychotropic substance
or a psychotropic preparation does not produce such an export authorization to
the Collector, the Collector may seize the substance or preparation.

(3) A psychotropic substance or a psychotropic preparation seized under
sub-section (2) shall be deemed to be forfeited to the Commonwealth and shall
be disposed of in accordance with the directions of the Minister.

(4) The powers conferred on a Collector by this section do not apply to, or in
relation to-

   (a)  a substance that is not included in the list of substances contained
        in Schedule I or Schedule II to the Convention;

   (b)  a preparation, being a solution or mixture that does not contain a
        substance included in the list of substances contained in Schedule I
        or Schedule II to the Convention; or

   (c)  any other preparation consisting of-

        (i)    a substance that is not included in the list of substances
               contained in Schedule I or Schedule II to the Convention, in
               dosage form; or

        (ii)   2 or more substances neither of which is included in such a
               list, in dosage form.

(5) Where a psychotropic substance or a psychotropic preparation enters
Australia on board a vessel or aircraft, then, except where some person, not
being the master, or a member of the crew, of that vessel or the pilot, or a
member of the crew of that aircraft has the possession or control of that
substance or preparation, the master of that vessel or the pilot of that
aircraft, as the case may be, shall be deemed, for the purposes of this Act,
to have the possession and control of that substance or preparation.

(6) For the purposes of this section, a psychotropic substance or
psychotropic preparation shall not be taken to have entered Australia merely
by virtue of being carried on board an aircraft that flies over, but does not
land in, Australia.

(7) In this section-

   (a)  a reference to an export authorization includes a reference to a copy
        of an export authorization;

   (b)  a reference to a preparation, not being a reference to a psychotropic
        preparation, is a reference to-

        (i)    a solution or mixture; or

        (ii)   a substance, or 2 or more substances, in dosage form; and

   (c)  a reference to a substance, not being a reference to a psychotropic
        substance, includes a reference to a natural material.