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CRIMINAL CODE REGULATIONS 2019 (F2019L00561) - REG 19

Conditions for importing certain substances

             (1)  For the purposes of sections 17 and 18, 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 is covered by subsection (2); 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 paragraph (2)(a), (d), (e) or (f) applies and the importer is employed by the body mentioned in the applicable paragraph--the name of the importer's employer; and

                            (vi)  any other information required by the Health Secretary.

             (2)  For the purposes of paragraph (1)(b), the importer is covered by this subsection if:

                     (a)  the importer is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or

                     (b)  the importer 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

                     (c)  the importer 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

                     (d)  the importer is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or

                     (e)  the importer is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or

                      (f)  all of the following apply:

                              (i)  the importer is, or is employed by, an entity that imports drugs (within the meaning of subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956 ) on behalf of a person or body mentioned in paragraph (a), (b), (c), (d) or (e);

                             (ii)  the person or body holds a licence of a kind mentioned in paragraph (1)(a);

                            (iii)  the importer is importing the substance at the written request of the person or body.

             (3)  For the purposes of paragraph (1)(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.



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