Commonwealth Numbered Regulations Commonwealth Numbered Regulations
Criminal Code Regulations 2002
1 Regulation 3 (heading)
Repeal the heading, substitute:
2 Regulation 3
Insert:
"authorised person " means a person authorised in writing by the Health Secretary to be an authorised person for the purposes of regulation 5 of the Customs (Prohibited Imports) Regulations 1956 .
"Health Department " means the Department administered by the Health Minister.
"Health Minister " means the Minister administering the Therapeutic Goods Act 1989 .
"Health Secretary " means the Secretary to the Health Department.
3 At the end of Part 3
Add:
Division 3.3 -- Psychoactive substances
5G Importing psychoactive substances
(1) For paragraph 320.2(2)(l) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.
(2) For the purpose of subregulation (1), the conditions are that:
(a) the person importing the substance (the importer ) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956 ; and
(b) the importer:
(i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or
(ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or
(iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or
(iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or
(v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or
(vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and
(c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:
(i) the identity and amount of the substance being imported; and
(ii) the purpose of the importation; and
(iii) a 30-day period during which the importation is likely to occur; and
(iv) the importer's name and import licence number; and
(v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph--the name of the importer's employer; and
(vi) any other information required by the Health Secretary.
(3) For the purpose of paragraph (2)(c), the Health Secretary may determine:
(a) information to be included in a notice; and
(b) the way a notice may be given to the Health Secretary or an authorised person.
(4) In this regulation:
"drug " has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956 .
5H Importing substances represented to be serious drug alternatives
(1) For paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed.
(2) For the purpose of subregulation (1), the conditions are that:
(a) the person importing the substance (the importer ) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956 ; and
(b) the importer:
(i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or
(ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or
(iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or
(iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or
(v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or
(vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and
(c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes:
(i) the identity and amount of the substance being imported; and
(ii) the purpose of the importation; and
(iii) a 30-day period during which the importation is likely to occur; and
(iv) the importer's name and import licence number; and
(v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph--the name of the importer's employer; and
(vi) any other information required by the Health Secretary.
(3) For the purpose of paragraph (2)(c), the Health Secretary may determine:
(a) information to be included in a notice; and
(b) the way a notice may be given to the Health Secretary or an authorised person.
(4) In this regulation:
"drug " has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956 .