NATIONAL HEALTH ACT 1953 - SECT 99ZK Detention of certain drug like substances consigned for export and retention of related documents

NATIONAL HEALTH ACT 1953 - SECT 99ZK

  (1)   If:

  (a)   a person consigns an article for export; and

  (b)   a Customs officer finds drug like substances in the article; and

  (c)   the article:

  (i)   is not covered by a Customs declaration that discloses the substances; or

  (ii)   is covered by a Customs declaration disclosing the substances but the declaration is not sufficient to satisfy the officer of a matter referred to in paragraph   99ZI(2)(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 a person consigns an article containing drug like substances for export and the person is not required, under subsection   113(1) of the Customs Act 1901 , to enter the goods for export, the exporter must attach to the article in which the substances are consigned a signed declaration stating:

  (a)   his or her name and address; and

  (b)   any one of the following:

  (i)   that the substances are not prescription drugs;

  (ii)   that they are prescription drugs but no Commonwealth benefit has been paid or is payable in respect of them;

  (iii)   that they are prescription drugs but for the personal use, outside Australia, of the exporter, of a person who travels from Australia in the company of the exporter or of a person covered by paragraph   86A(2)(a), (b) or (c).

  (3)   To satisfy a Customs officer of a matter referred to in paragraph   (2)(b), the exporter may:

  (a)   in the case of a statement under subparagraph   (2)(b)(i)--include in the article any documentary evidence in support of that statement; or

  (b)   in the case of a statement under subparagraph   (2)(b)(ii)--include in the article an approved supplier's letter or other evidence to support that statement; or

  (c)   in the case of a statement under subparagraph   (2)(b)(iii)--include in the article:

  (i)   a medical practitioner's letter; or

  (ii)   a dental practitioner's letter; or

  (iii)   an optometrist's letter signed on or after 1   January 2008; or

  (iiia)   a letter from an authorised midwife or an authorised nurse practitioner signed on or after 1   November 2010; or

  (iv)   any other documentary evidence to support that statement.

  (4)   Nothing in subsection   (3) is intended to imply that the inclusion within the article of a document of the kind described in paragraph   (3)(a), (b) or (c) will necessarily be sufficient to satisfy the officer as required by that subsection.

  (5)   If drug like substances contained within an article consigned for export are detained by a Customs officer under subsection   (1), the officer must:

  (a)   make a copy of the Customs declaration relating to that article; and

  (b)   retain that copy for transfer to the Chief Executive Medicare for PBS regulatory purposes; and

  (c)   retain the original declaration for Customs documentation purposes; and

  (d)   if the article is found to contain a document in support of a statement relating to the substances in the Customs declaration:

  (i)   make 2 copies of the 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 article.

  (6)   If, on examination of a declaration referred to in subsection   (2) or any other document referred to in subsection   (3), the Customs 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 the substances; or

  (c)   any other circumstances in which the substances are being exported;

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)   make a copy of the Customs declaration relating to that article; and

  (e)   retain the copy for transfer to the Chief Executive Medicare for those monitoring purposes; and

  (f)   retain the original declaration for Customs documentation purposes; and

  (g)   if the article is found to contain a document in support of a statement relating to the substances in the Customs declaration:

  (i)   make 2 copies of the 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 article.

Note:   The manner of dealing with documents, and copies of documents, retained under subsection   (5) or (6) is dealt with in section   99ZN.