{"id":"F2020L00488","name":"National Health (Export Restriction - Chief Executive Medicare) Guidelines 2020","slug":"national-health-export-restriction-chief-executive-medicare-guidelines-2020","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":100107,"registerId":"commonwealth-F2020L00488-current","compilationNumber":null,"startDate":"2026-04-02","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the National Health (Export Restriction - Chief Executive Medicare) Guidelines 2020.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on the first day on which they are no longer liable to be disallowed, or taken to be disallowed, under section 42 of the Legislation Act 2003.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 99ZS(2) of the National Health Act 1953.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in section 99ZH of the Act, including the following:\n\n    (a) Customs officer;\n    (b) drug like substance;\n    (c) prescription drug; and\n    (d) prohibited export.\n  In this instrument:\n\n> Act means the National Health Act 1953.\n\n> the agency means Services Australia.\n\n> case officer means the Departmental employee dealing with a detained drug like substance.\n\n> Departmental employee has the same meaning as in the Human Services (Medicare) Act 1973.\n\n> detained substance means a drug like substance transferred to the Chief Executive Medicare under Division 4D of Part VII of the Act.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Purpose","content":"#### 5 Purpose\n\n  These Guidelines set out matters relating to the performance of functions and duties, and the exercise of powers, by the Chief Executive Medicare, or by Departmental employees, in relation to matters arising under Division 4D of Part VII of the Act.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Initial action","content":"#### 6 Initial action\n\n  (1) Following notification by a Customs officer that drug like substances have been detained under sections 99ZJ or 99ZK of the Act, a Departmental employee shall make arrangements at the first practicable opportunity for the transfer of the substance to an Exhibit Room pending examination.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Administrative process","content":"#### 7 Administrative process\n\n  (1) The case officer examining the detained substance shall make such enquiries as are necessary to establish whether the detained substance is a prohibited export or prescription drug.\n  (2) Upon the conclusion of the examination the case officer shall deal with the detained substance in the manner specified in section 99ZO of the Act and take such further action as is required under that section.\n  (3) For the purposes of subsection 99ZO(3), the Department of Home Affairs is nominated.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Recording and storage of detained drug like substances","content":"#### 8 Recording and storage of detained drug like substances\n\n  (1) All detained drug like substances will be recorded in the Exhibit Register maintained by the agency and then secured in a dedicated container within an Exhibit Room maintained by the agency.\n  (2) For the purposes of subsection (1), a dedicated container may be the drawer of a lockable filing cabinet or similar container.\n  (3) Where detained drug like substances are unable to be stored in accordance with subsection (1) due to size or quantity, the Australian Federal Police shall be consulted to determine an appropriate facility and stored in accordance with arrangements made with the Australian Federal Police.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Disposal of forfeited substances","content":"#### 9 Disposal of forfeited substances\n\n  (1) The case officer will be responsible for the destruction of substances to which subsection 99ZQ(1) applies.\n  (2) For subsection 99ZQ(2) of the Act, the case officer must destroy the substances in a safe manner and may seek the advice or assistance of the Australian Federal Police in doing so.","sortOrder":8}],"analysis":{"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: establishing administrative procedures for handling drug-like substances detained under Division 4D of Part VII of the National Health Act 1953. The scope has not expanded beyond this specific operational function."},"complexity_factors":["Very short instrument (9 sections, ~500 words)","Only 6 defined terms in the instrument itself, with 4 additional terms incorporated by reference from the parent Act","Linear procedural structure with no nested conditions or cross-references beyond basic references to the National Health Act 1953","No exceptions, exemptions, or discretionary powers beyond standard administrative discretion ('first practicable opportunity', 'safe manner')","Single purpose instrument dealing with one discrete administrative process (handling of detained drug-like substances)"],"plain_english_summary":"These Guidelines set how Medicare handles drug‑like substances seized by Customs at Australia’s borders: Medicare staff take custody, identify and securely store or dispose of items, and coordinate with agencies (Customs, AFP, Home Affairs) as needed. They affect frontline Customs officers, Medicare investigators and enforcement partners — closing a practical gap so seized medicines aren’t left in limbo or handled unsafely."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The instrument implements administrative guidance under the authority of s99ZS(2) of the National Health Act and, per its Purpose, sets out how functions under Division 4D are to be performed (instrument s3 and s5). It operationalises existing statutory powers and duties rather than expanding or creating new legal powers."},"complexity_factors":["Reliance on cross-references to the National Health Act (authority under s99ZS(2) — instrument s3) and multiple provisions in Division 4D (mentions of ss 99ZJ, 99ZK, 99ZO, 99ZQ referenced in instrument ss 6, 7 and 9).","Definitions delegated to the Act (s99ZH) rather than repeated here, increasing need to consult primary legislation (instrument s4).","Operational discretion vested in designated officials: 'case officer' and 'Departmental employee' execute transfers, examinations and destructions (instrument ss 6, 7, 9).","Inter‑agency coordination requirements: nomination of Department of Home Affairs for subsection 99ZO(3) (instrument s7(3)) and consultation with AFP for storage/destruction when size/quantity issues arise (instrument s8(3), s9(2)).","Procedural but not technical detail for some actions (e.g. 'destroy the substances in a safe manner' — instrument s9(2)) creates implementation judgment calls rather than fixed methods.","Commencement timing linked to disallowance period under the Legislation Act 2003 (instrument s2), introducing a non‑immediate start date dependent on parliamentary procedure."],"plain_english_summary":"These Guidelines tell Services Australia staff how to handle drug‑like substances detained under Division 4D of the National Health Act. They set practical steps for transfer to exhibit rooms, examination, recording, secure storage, inter‑agency arrangements (including AFP and Home Affairs), and destruction. They affect the Chief Executive Medicare, Departmental employees and Customs officers, and matter because they allocate operational duties, custody and decision‑making for seized substances and require agency action and coordination."}},"importantCases":[],"_links":{"self":"/api/acts/national-health-export-restriction-chief-executive-medicare-guidelines-2020","history":"/api/acts/national-health-export-restriction-chief-executive-medicare-guidelines-2020/history","analysis":"/api/acts/national-health-export-restriction-chief-executive-medicare-guidelines-2020/analysis","conflicts":"/api/acts/national-health-export-restriction-chief-executive-medicare-guidelines-2020/conflicts","importantCases":"/api/acts/national-health-export-restriction-chief-executive-medicare-guidelines-2020/important-cases","documents":"/api/acts/national-health-export-restriction-chief-executive-medicare-guidelines-2020/documents"}}