5HImporting substances represented to be serious drug alternatives

5H Importing substances represented to be serious drug alternatives

(1) For paragraph 320.3(3)(f) of the Code, a substance that is imported into Australia in accordance with the conditions set out in subregulation (2) is prescribed. (2) For the purpose of subregulation (1), the conditions are that: (a) the person importing the substance (the importer) is the holder of a licence to import drugs granted by the Health Secretary or an authorised person under subregulation 5(5) of the Customs (Prohibited Imports) Regulations 1956; and (b) the importer: (i) is, or is employed by, a forensic laboratory and is importing the substance for the purposes of forensic analysis; or (ii) is the Australian Federal Police, or a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or (iii) is the Commissioner or a Deputy Commissioner of the Australian Federal Police, or is the head or deputy head (however described) of a police force of a State or Territory, and is importing the substance for the purposes of law enforcement; or (iv) is, or is employed by, a medical research facility and is importing the substance for the purposes of medical research; or (v) is, or is employed by, a scientific research facility and is importing the substance for the purposes of scientific research; or (vi) is, or is employed by, an entity that imports drugs on behalf of a person or body mentioned in subparagraph (i), (ii), (iii), (iv) or (v), being a person or body that also holds a licence of a kind mentioned in paragraph (a), and is importing the substance at the written request of the person or body; and (c) before the substance is imported, the importer gives the Health Secretary or an authorised person a written notice about the proposed importation that includes: (i) the identity and amount of the substance being imported; and (ii) the purpose of the importation; and (iii) a 30‑day period during which the importation is likely to occur; and (iv) the importer’s name and import licence number; and (v) if subparagraph (b)(i), (iv), (v) or (vi) applies and the importer is employed by the body mentioned in the applicable subparagraph—the name of the importer’s employer; and (vi) any other information required by the Health Secretary. (3) For the purpose of paragraph (2)(c), the Health Secretary may determine: (a) information to be included in a notice; and (b) the way a notice may be given to the Health Secretary or an authorised person. (4) In this regulation:

drug has the same meaning as in subregulation 5(20) of the Customs (Prohibited Imports) Regulations 1956.