45Restriction of importation

### 45 Restriction of importation > *\[Section 45 Subsection (1) amended by No. 43 of 1991, s. 5 and Sched. 1 \]**\[Section 45 Subsection (2) amended by No. 43 of 1991, s. 5 and Sched. 1 \]* > > > (1)  [*\[Section 45 Subsection (1) amended by No. 7 of 2012, s. 11, Applied:01 Jul 2012\]*](/view/html/inforce/2012-07-01/act-2012-007#GS11@Hpa@EN) *\[Section 45 Subsection (1) amended by No. 27 of 1984, s. 48 and Sched. 1 \]*Subject to [subsection (4)](#GS45@Gs4@EN) , a person must not import or bring into the State a raw narcotic or narcotic substance except into an approved port. > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. > > > (2)  *\[Section 45 Subsection (2) amended by No. 27 of 1984, s. 48 and Sched. 1 \]*[*\[Section 45 Subsection (2) substituted by No. 55 of 1997, s. 7, Applied:22 Dec 1997\]*](/view/html/inforce/1997-12-22/act-1997-055#GS7@EN) A person must not import or bring into the State a raw narcotic or narcotic substance unless the person is – > > > > > > (a) the holder of a licence granted by the Minister under this Part, acting in accordance with the terms of that licence; or > > > > > > > (ab) [*\[Section 45 Subsection (2) amended by No. 73 of 2013, Sched. 1, Applied:01 Jul 2014\]*](/view/html/inforce/2014-07-01/act-2013-073#JS1@Ja7@GC4@EN) a person who – > > > > > > > > > > (i) has been lawfully supplied with the raw narcotic or narcotic substance in another jurisdiction; and > > > > > > > > > > > (ii) is importing, or bringing into the State, the raw narcotic or narcotic substance to provide ambulance services under the [Ambulance Service Act 1982](/view/html/inforce/2026-04-12/act-1982-105) ; or > > > > > > > (b) a person authorised under [subsection (3)](#GS45@Gs3@EN) . > > > > Penalty:  Fine not exceeding 50 penalty units or imprisonment for a term not exceeding 2 years, or both. > > > (3)  [*\[Section 45 Subsection (3) amended by No. 23 of 2022, s. 34, Applied:24 Oct 2022\]*](/view/html/inforce/2022-10-24/act-2022-023#GS34@EN) [*\[Section 45 Subsection (3) inserted by No. 55 of 1997, s. 7, Applied:22 Dec 1997\]*](/view/html/inforce/1997-12-22/act-1997-055#GS7@EN) A pharmacist, licensed manufacturing chemist or licensed wholesale chemist, in the lawful practice of his or her profession or business, is authorised to import or bring into the State a raw narcotic or narcotic substance. > > > (4)  [*\[Section 45 Subsection (4) inserted by No. 7 of 2012, s. 11, Applied:01 Jul 2012\]*](/view/html/inforce/2012-07-01/act-2012-007#GS11@Hpb@EN) [*\[Section 45 Subsection (4) substituted by No. 26 of 2025, s. 9, Applied:16 Feb 2026\]*](/view/html/inforce/2026-02-16/act-2025-026#GS9@EN) A person may bring into the State a raw narcotic or narcotic substance if the raw narcotic or narcotic substance was lawfully prescribed and dispensed to the person in another State or a Territory for the use of the person or a member of the person’s immediate family. > > > (5)  [*\[Section 45 Subsection (5) inserted by No. 15 of 2017, s. 18, Applied:13 Jun 2017\]*](/view/html/inforce/2017-06-13/act-2017-015#GS18@EN) A person may bring into the State a raw narcotic or narcotic substance if – > > > > > > (a) the raw narcotic or narcotic substance was lawfully prescribed and dispensed to the person in another country for the use of the person or a member of his or her immediate family; and > > > > > > > (b) the raw narcotic or narcotic substance was declared on entry to Australia; and > > > > > > > (c) the person brought the substance into this State with them, either on their person or in their luggage.