Federal Register of Legislation - Australian Government

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Guides & Guidelines as made
These guidelines set out the administrative processes to be followed by Customs officers in performing functions and duties, and exercising powers, relating to drug like substances.
Administered by: Home Affairs
Registered 29 Jun 2020

Commonwealth Coat of Arms of Australia

 

I, Michael Outram, Comptroller-General of Customs, make this instrument under subsection 99ZS(1) of the National Health Act 1953 (the Act).

Dated  22 June 2020

 

Michael Outram

Comptroller-General of Customs

 

1          Name

                 This instrument is the Comptroller-General of Customs (Export restriction of drug like substances) Guidelines 2020.

2          Commencement

                 This instrument commences on the first day it is no longer liable to be disallowed, or to be taken to have been disallowed, under section 42 of the Legislation Act 2003.

3          Definitions

Note          A number of expressions used in this instrument are defined in the Act, including:

Chief Executive Medicare

Commonwealth benefit

Comptroller-General of Customs

Customs officer

drug like substance.

 

4          Purpose

                 These Guidelines set out matters relating to the performance of functions and duties, and the exercise of powers, by Customs officers in relation to matters arising under Division 4D of Part VII of the Act.   

5          Examination and inspection of items of baggage and articles consigned for export

                 For subsection 99ZL(2) of the Act, a Customs officer must carry out an examination in accordance with the officer’s powers to examine goods subject to customs control under the Customs Act 1901.

6          Detention of PBS drug like substances

        (1)     This section applies when goods are detained and documents retained under section 99ZJ or 99ZK of the Act.

        (3)     If a Departmental employee (within the meaning of the Human Services (Medicare) Act 1973) (a Departmental employee) is not immediately available to take control of the substance, it and any documents that are retained must be placed in an approved ABF evidence bag, sealed and put in a place of security.

        (4)     For subsection (3), a place of security is:

(a)   the temporary storage facility; or

(b)   the detained goods store

at an international airport or seaport, international mail exchange, Departmental office or Regional District Office.

7          Transfer of detained drug like substances and documents

        (1)     A substance detained, or related documentation retained, under section 99ZJ or 99ZK of the Act must be transferred to a Departmental employee in the sealed ABF evidence bag with an ABF evidence transfer form attached.

        (2)     The Customs officer must request that a Departmental employee completes the details about receipt of the substance or documentation on the ABF evidence transfer form and signs for receipt.

8          Retaining documents

                 Copies of related documentation retained under section 99ZJ or 99ZK of the Act must be transferred to a secure storage facility within a customs controlled area at an international airport or seaport, international mail exchange, Departmental Office or Regional District Office.