{"id":"F2020L00821","name":"Comptroller-General of Customs (Export restriction of drug like substances) Guidelines 2020","slug":"comptroller-general-of-customs-export-restriction-of-drug-like-substances-guidelines-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":145418,"registerId":"commonwealth-F2020L00821-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Comptroller-General of Customs (Export restriction of drug like substances) Guidelines 2020","content":"![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\nComptroller-General of Customs (Export restriction of drug like substances) Guidelines 2020\n\nI, Michael Outram, Comptroller-General of Customs, make this instrument under subsection 99ZS(1) of the National Health Act 1953 (the Act).\n\nDated 22 June 2020\n\nMichael Outram\n\nComptroller-General of Customs\n\n1 Name\n\nThis instrument is the Comptroller-General of Customs (Export restriction of drug like substances) Guidelines 2020.\n\n2 Commencement\n\nThis 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.\n\n3 Definitions\n\n> Note A number of expressions used in this instrument are defined in the Act, including:\n\n| Chief Executive Medicare | Commonwealth benefit | Comptroller-General of Customs |\n| ------------------------ | -------------------- | ------------------------------ |\n| Customs officer          | drug like substance. |                                |\n\n4 Purpose\n\nThese 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.\n\n5 Examination and inspection of items of baggage and articles consigned for export\n\nFor 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.\n\n6 Detention of PBS drug like substances\n\n(1)This section applies when goods are detained and documents retained under section 99ZJ or 99ZK of the Act.\n\n(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.\n\n(4) For subsection (3), a place of security is:\n\n(a) the temporary storage facility; or\n\n(b) the detained goods store\n\nat an international airport or seaport, international mail exchange, Departmental office or Regional District Office.\n\n7 Transfer of detained drug like substances and documents\n\n(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.\n\n(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.\n\n8 Retaining documents\n\nCopies 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.","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument provides procedural guidance for exercising existing powers under Division 4D of Part VII and to use customs examination powers under the Customs Act (cl.4–5). It does not expand or add substantive powers in the Act but specifies how detention, sealing, transfer and storage must be handled (cls 6–8)."},"complexity_factors":["Cross-reference dependence on the National Health Act 1953 and Customs Act 1901 (cl.3, cl.5) increases legal layering.","Procedural chain-of-custody requirements: mandatory ABF evidence bags and transfer forms (cls 6(3), 7(1)–(2)).","Operational reliance on availability of a Departmental employee to take control (cl.6(3)).","Specified secure storage locations (cl.6(4), cl.8) add site-specific compliance considerations.","Limited discretion guidance—instrument prescribes steps but presumes underlying statutory powers for decisions to detain or examine (cl.4–5)."],"plain_english_summary":"This instrument sets procedural rules for Customs officers handling exported “drug like substances” under Division 4D of Part VII of the National Health Act: how officers examine goods, detain substances and documents, seal them in ABF evidence bags, transfer them with a transfer form, and store them in approved secure places (cls 4–8). Customs officers decide to examine and detain (cl.5–6); detained items are handed to a Departmental employee who signs receipt (cl.6(3),7(1)–(2)). The instrument does not set fees; compliance costs fall on persons whose goods are examined or detained."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: providing operational guidelines for Customs officers handling PBS drug export restrictions. The scope matches the enabling provision (section 99ZS(1) of the National Health Act 1953) which specifically authorises guidelines for Division 4D powers. No significant scope creep is evident."},"complexity_factors":["Very short instrument (8 sections, ~2 pages)","Only 3 defined terms in the instrument itself (relies heavily on external definitions from the National Health Act 1953)","Minimal conditional logic — mostly straightforward procedural directives ('must carry out', 'must be transferred')","No nested exceptions or complex cross-referencing structures","Simple linear structure: purpose → examination → detention → transfer → storage","Heavy reliance on external legislation (National Health Act 1953, Customs Act 1901, Human Services (Medicare) Act 1973) for substantive definitions and powers"],"plain_english_summary":"This instrument gives Australian Border Force officers procedures for identifying, detaining and documenting PBS medicines and similar substances being exported illegally, and for securely handing them to Medicare/Health staff.  \n\nIt affects Customs officers (who must follow the steps), people exporting medicines (whose goods may be seized without proper approval), and Department of Health/Medicare staff (who receive seized items). It matters because it prevents diversion of subsidised drugs overseas and ensures safe, accountable handling and evidence chains."}},"importantCases":[],"_links":{"self":"/api/acts/comptroller-general-of-customs-export-restriction-of-drug-like-substances-guidelines-2020","history":"/api/acts/comptroller-general-of-customs-export-restriction-of-drug-like-substances-guidelines-2020/history","analysis":"/api/acts/comptroller-general-of-customs-export-restriction-of-drug-like-substances-guidelines-2020/analysis","conflicts":"/api/acts/comptroller-general-of-customs-export-restriction-of-drug-like-substances-guidelines-2020/conflicts","importantCases":"/api/acts/comptroller-general-of-customs-export-restriction-of-drug-like-substances-guidelines-2020/important-cases","documents":"/api/acts/comptroller-general-of-customs-export-restriction-of-drug-like-substances-guidelines-2020/documents"}}