67AAAccess to, and use of, customs information

67AA Access to, and use of, customs information

(1) For the purposes of section 16 of the Customs Administration Act 1985: (a) if information held by the Australian Customs Service relates to the importation into Australia, or the attempted importation into Australia, of a scheduled drug, and any of the following conditions is satisfied: (i) the importation or attempted importation contravenes a law of the Commonwealth; (ii) there are reasonable grounds to suspect that a competitor is responsible for the importation or attempted importation; (iii) there are reasonable grounds to suspect that the drug is for use by one or more competitors; the information is taken to be information that will be used by the Agency for the purposes of the Agency’s functions; and (b) the purpose of the Agency deciding who to request to provide a sample is taken to be a permissible purpose referred to in a paragraph of subsection (9) of that section; and (c) the disclosure of the information, under that section, to the Chairperson, or to a person acting on the Agency’s behalf: (i) is taken to be necessary for that permissible purpose; and (ii) is taken to comply with subsection (10) of that section. (2) The Agency, in deciding who to request to provide a sample, may have regard to any information given to the Chairperson, or to a person acting on the Agency’s behalf, under section 16 of the Customs Administration Act 1985.

Note: For examples of situations in which the Agency may request a person to provide a sample, see subsection 4(1).

(3) Subsection (2) does not limit the matters to which the Agency may have regard. (4) In this section:

information includes a class of information.

scheduled drug means a drug included in a schedule set out in a drug testing scheme.