99ZJDetention of certain drug like substances being carried out of Australia and retention of related documents

#### 99ZJ Detention of certain drug like substances being carried out of Australia and retention of related documents (1) If: (a) a person is attempting to leave Australia; and (b) a Customs officer finds that the person is carrying drug like substances in the person’s baggage; and (c) the person cannot satisfy the officer of a matter referred to in paragraph 99ZI(1)(a), (b) or (c) in relation to the substances; the officer may, in accordance with guidelines issued under section 99ZS, detain the substances for transfer to the Chief Executive Medicare for PBS regulatory purposes. (2) If the drug like substances are claimed by the exporter not to be prescription drugs, the exporter may satisfy a Customs officer of that claim by providing to the officer: (a) a signed declaration by the exporter to that effect; or (b) any other evidence sufficient to satisfy the officer to that effect. (3) If the drug like substances are claimed by the exporter to be prescription drugs, the exporter may satisfy a Customs officer that no Commonwealth benefit has been paid or is payable in respect of the substances by providing to the officer: (a) an approved supplier’s letter to that effect; or (b) a signed declaration by the exporter to that effect; or (c) any other evidence sufficient to satisfy the officer to that effect. (4) If the drug like substances are claimed by the exporter to be prescription drugs, the exporter may satisfy a Customs officer that they are for the personal use of the exporter (the applicable person), of another person (the applicable person) accompanying the exporter or of a person (the applicable person) covered by paragraph 86A(2)(a), (b) or (c), by providing to the officer: (a) a medical or dental practitioner’s letter to that effect; or (aa) an optometrist’s letter signed on or after 1 January 2008 to that effect; or (ab) a letter from an authorised midwife or an authorised nurse practitioner signed on or after 1 November 2010 to that effect; or (b) a signed declaration by the exporter: (i) stating that the substances are for the personal use of the applicable person; and (ii) setting out the name and address of the medical or dental practitioner, or the optometrist, authorised midwife or authorised nurse practitioner, who prescribed the substances; and (iii) setting out the name and address of the approved supplier of the substances; and (iv) stating the quantity of the substances intended for export; and (v) setting out the daily dosage of the substances for the applicable person and the time the applicable person is expected to be outside Australia; or (c) any other evidence sufficient to satisfy the officer that the substances are for the personal use of the applicable person. (4A) For the purposes of subparagraph (4)(b)(ii), the substances must have been prescribed: (a) for substances prescribed by an optometrist—on or after 1 January 2008; or (b) for substances prescribed by an authorised midwife or an authorised nurse practitioner—on or after 1 November 2010. (5) Nothing in subsection (2), (3) or (4) is intended to imply that the tendering to a Customs officer of a document of the kind described in paragraph (2)(a), (3)(a) or (b) or (4)(a), (aa), (ab) or (b) will necessarily be sufficient to satisfy the officer as required by that subsection. (6) If drug like substances are detained by a Customs officer under subsection (1), the officer must: (a) if a signed declaration is given to the officer under subsection (2), (3) or (4): (i) make 2 copies of the declaration; and (ii) retain the original declaration for transfer to the Chief Executive Medicare for PBS regulatory purposes; and (iii) retain one copy of the declaration for Customs documentation purposes; and (iv) return the other copy of the declaration to the exporter; and (b) if any other document is given to the officer under that subsection: (i) make 2 copies of that document; and (ii) retain one copy for transfer to the Chief Executive Medicare for PBS regulatory purposes; and (iii) retain the other copy for Customs documentation purposes; and (iv) return the original document to the exporter. (7) Subject to subsection (8), if a drug like substance is not detained by a Customs officer under subsection (1), the officer must return to the exporter any document, including any signed declaration, given to the officer. (8) If, on examination of a document, if any, given to a Customs officer under subsection (2), (3) or (4), the officer decides not to detain the drug like substances, but, having regard to: (a) the quantity of the substances; or (b) the manner of packaging or carrying of the substances; or (c) any other circumstances relating to the carriage of the substances; the officer considers it appropriate to retain information relating to the substances for transfer to the Chief Executive Medicare for PBS monitoring purposes, the officer must: (d) if a signed declaration is given to the officer under that subsection: (i) make 2 copies of the declaration; and (ii) retain the original declaration for transfer to the Chief Executive Medicare for those monitoring purposes; and (iii) retain one copy of the declaration for Customs documentation purposes; and (iv) return the other copy of the declaration to the exporter; and (e) if any other document is given to the officer under that subsection: (i) make 2 copies of that document; and (ii) retain one copy for transfer to the Chief Executive Medicare for those monitoring purposes; and (iii) retain the other copy for Customs documentation purposes; and (iv) return the original document to the exporter. > Note: The manner of dealing with documents, and copies of documents, retained under subsection (6) or (8) is dealt with in section 99ZN.