9Psychotropic substances and preparations passing through Australia

#### 9 Psychotropic substances and preparations passing through Australia (1) Where a psychotropic substance (not being a psychotropic substance in dosage form) or a psychotropic preparation consigned to a person, or to a place, outside Australia enters Australia on a vessel or aircraft in the course of consignment, a Collector may, whether or not the substance or preparation is unloaded from the vessel or aircraft in which it enters Australia, require the person having the possession or control of the substance or preparation to produce to him an export authorization in relation to the substance or preparation. (2) Where a person who is required in pursuance of subsection (1) to produce to a Collector an export authorization in respect of a psychotropic substance or a psychotropic preparation does not produce such an export authorization to the Collector, the Collector may seize the substance or preparation. (3) A psychotropic substance or a psychotropic preparation seized under subsection (2) shall be deemed to be forfeited to the Commonwealth and shall be disposed of in accordance with the directions of the Comptroller‑General of Customs. (4) The powers conferred on a Collector by this section do not apply to, or in relation to: (a) a substance that is not included in the list of substances contained in Schedule I or Schedule II to the Convention; (b) a preparation, being a solution or mixture that does not contain a substance included in the list of substances contained in Schedule I or Schedule II to the Convention; or (c) any other preparation consisting of: (i) a substance that is not included in the list of substances contained in Schedule I or Schedule II to the Convention, in dosage form; or (ii) 2 or more substances neither of which is included in such a list, in dosage form. (5) Where a psychotropic substance or a psychotropic preparation enters Australia on board a vessel or aircraft, then, except where some person, not being the master, or a member of the crew, of that vessel or the pilot, or a member of the crew of that aircraft has the possession or control of that substance or preparation, the master of that vessel or the pilot of that aircraft, as the case may be, shall be deemed, for the purposes of this Act, to have the possession and control of that substance or preparation. (6) For the purposes of this section, a psychotropic substance or psychotropic preparation shall not be taken to have entered Australia merely by virtue of being carried on board an aircraft that flies over, but does not land in, Australia. (7) In this section: (a) a reference to an export authorization includes a reference to a copy of an export authorization; (b) a reference to a preparation, not being a reference to a psychotropic preparation, is a reference to: (i) a solution or mixture; or (ii) a substance, or 2 or more substances, in dosage form; and (c) a reference to a substance, not being a reference to a psychotropic substance, includes a reference to a natural material.