Definitions
99ZH Definitions
In this Division, unless the contrary intention appears:
Commonwealth benefit means benefit paid or payable by the Commonwealth to an approved supplier of substances to which this Part applies.
Comptroller‑General of Customs means the person who is the Comptroller‑General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
consign for export, in relation to an article containing drug like substances, means the initial act of placement of that article by one person in the physical possession of another person with the intention that the other person will, either directly or indirectly, arrange for the export of that article from Australia to a place outside Australia.
Customs declaration, in relation to an article that is consigned for export and that contains drug like substances, means:
an export entry within the meaning of the Customs Act 1901; or
a declaration that is attached to the article in accordance with the requirements of section 99ZK.
Customs documentation purposes means the purposes of enabling the Immigration and Border Protection Department to deal with any complaint made, or proceeding taken, against Customs officers in respect of their activities under this Division.
Customs officer means an officer of Customs within the meaning of subsection 4(1) of the Customs Act 1901.
drug like substance means a substance:
that is in the form of a tablet, capsule, or other similar preparation apparently suitable for taking by mouth; or
that is apparently suitable for introduction into the nose or throat as an aerosol; or
that is contained in an ampoule or vial apparently suitable for injection; or
that is a cream, suppository, pessary, foam or other preparation apparently suitable for insertion in the rectum or vagina; or
that is contained in a patch or other vehicle apparently suitable for the introduction of a medication through the skin;
and includes the packaging (if any) in which the substance, or the ampoule, vial, patch or other vehicle containing the substance, is contained.
exporter, in relation to drug like substances, means a person who:
leaves Australia or attempts to leave Australia, carrying such substances; or
consigns an article containing such substances for exportation.
Immigration and Border Protection Department means the Department administered by the Minister administering Part XII of the Customs Act 1901.
PBS monitoring purposes means monitoring by the Chief Executive Medicare of the operation of the pharmaceutical benefits scheme.
PBS regulatory purposes means:
the purpose of enabling the Chief Executive Medicare to perform his or her functions in relation to drug like substances detained under this Division; and
PBS monitoring purposes.
pharmaceutical benefits scheme means the scheme for the supply of pharmaceutical benefits established under this Part.
prescription drug means a substance for the supply of which the prescription of a medical or dental practitioner is required:
if the State or Territory in which the substance was supplied is known—under the law of that State or Territory relating to drugs or poisons; or
in any other case—under the law of any State, of the Australian Capital Territory, or of the Northern Territory, relating to drugs or poisons.
prohibited export means a thing the exportation of which from Australia is prohibited under the Customs Act 1901 or under any other law of the Commonwealth.
In this Division, a reference to the making of a copy of a document means, in relation to a document that is in electronic form, the making of a hard copy of the text of the original document.
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