CUSTOMS (PROHIBITED IMPORTS) REGULATIONS

REGULATION 5G   IMPORTATION OF CERTAIN SUBSTANCES  

5G(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 officer; and

(b) the permission is produced to a Collector.

5G(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.

5G(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 Australian Sports Anti-Doping Authority Act 2006 ; or

(b) a person who:

(i) is a support person within the meaning of section 4 of the Australian Sports Anti-Doping Authority Act 2006 ; 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.

5G(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.

5G(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.

5G(6)    
In this regulation:

"authorised officer"
means an officer authorised in writing by the Secretary to be an authorised officer for this regulation;

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

Note

(Repealed by FRLI No F2020L00399)