99ZNTreatment of detained substances and retained documents

#### 99ZN Treatment of detained substances and retained documents (1) Drug like substances detained under section 99ZJ or 99ZK must, pending their transfer to the Chief Executive Medicare, be taken to a place of security specified by the Comptroller‑General of Customs. (2) If a Customs officer detains drug like substances under section 99ZJ or 99ZK, the officer must: (a) give to the exporter a notice of such detention in accordance with subsections (4) and (5); and (b) give to the Chief Executive Medicare a copy of that notice; and (c) in accordance with the guidelines issued under section 99ZS, transfer to the Chief Executive Medicare, for PBS regulatory purposes: (i) the substances so detained; and (ii) any documents that relate to the substances and that were retained by the officer under subsection 99ZJ(6) or 99ZK(5) for such transfer; and (d) in accordance with the guidelines issued under section 99ZS, transfer to a place of security specified by the Comptroller‑General of Customs, for Customs documentation purposes, any documents relating to the substances that were retained by the officer under subsection 99ZJ(6) or 99ZK(5) for such purposes. (3) If a Customs officer does not detain drug like substances under section 99ZJ or 99ZK but retains information relating to the substances under that section, the officer must, in accordance with the guidelines issued under section 99ZS: (a) transfer to the Chief Executive Medicare, for PBS regulatory purposes, any documents that relate to the substances and that were retained by the officer under subsection 99ZJ(8) or 99ZK(6) for such transfer, accompanied by a brief statement of the circumstances in which the substances were being exported; and (b) transfer to such place of security as the Comptroller‑General of Customs directs, for Customs documentation purposes, any documents relating to the substances that were retained by the officer under subsection 99ZJ(8) or 99ZK(6) for such purposes, accompanied by a copy of the statement referred to in paragraph (a). (4) For the purposes of this Division, a notice of detention of drug like substances is taken to have been duly given to the exporter if the notice is: (a) given to the exporter, if the exporter is present at the time of the detention; or (b) if the exporter is not present but a postal address of the exporter is known—sent by post to the last known such address; or (c) if the postal address of the exporter of a consignment is not known but the address of the consignee is known—sent by post to the address of the consignee; or (d) in any other situation—published in the Gazette. (5) The notice of detention of drug like substances must: (a) set out a description of the substances detained; and (b) provide a brief statement of the reasons for detention; and (c) inform the exporter that the Chief Executive Medicare will examine the substances, and: (i) if the Chief Executive Medicare is satisfied that they are not prescription drugs and not prohibited exports—return the substances to the exporter or reconsign them for export, as the case requires; and (ii) if the Chief Executive Medicare is satisfied that they are prohibited exports—pass the substances to the agency nominated in the guidelines issued under section 99ZS to deal with prohibited exports of that kind; and (iii) if the Chief Executive Medicare is satisfied that they are prescription drugs but not prohibited exports—notify the exporter in writing to that effect and invite the exporter to apply in writing to the Chief Executive Medicare, within 60 days after the notification, for their return on the basis that paragraph 99ZI(1)(b) or (c) or (2)(b) or (c) applies in relation to the substances; and (d) inform the exporter that, if the exporter is notified by the Chief Executive Medicare in accordance with subparagraph (c)(iii) but no application for the return of the substances is received within 60 days after the notification, then, in accordance with subsection 99ZO(5), the Chief Executive Medicare will be taken to have seized the substances and the substances will have been taken to have been condemned as forfeited to the Commonwealth; and (e) inform the exporter that, if the exporter is notified by the Chief Executive Medicare in accordance with subparagraph (c)(iii) and an application for the return of the substances is made within 60 days after the notification, the Chief Executive Medicare will consider the application and, within 120 days after the notification, will either: (i) return the substances to the exporter or reconsign them for export; or (ii) seize the substances and then seek an order of a magistrates court for their condemnation as forfeited to the Commonwealth; and (f) inform the exporter of the possible implications of a criminal prosecution of the exporter in relation to the substances. (6) If a copy of a document or statement is transferred by a Customs officer under subsection (3) to a place of security, the Comptroller‑General of Customs must ensure: (a) that the copy is not used for any other purposes than the purposes for which it was retained; and (b) that, at the end of 12 months, or on completion of any complaint or proceeding initiated against Customs officers, whichever last occurs, the copy is destroyed.