s 13AA

Prohibition—unlicensed import of scheduled substance or equipment

In force

Unlicensed import of a scheduled substance

(1)

A person contravenes this subsection if:

(a)

the person imports a substance; and

(b)

the substance is a scheduled substance; and

(c)

the person does not hold a licence that allows the importation.

Note 1:

See section 13A for the activities allowed by each type of licence.

Note 2:

While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

(2)

Subsection (1) does not apply to a person importing an SGG (other than an SGG that is a used substance) in circumstances, or for a purpose, prescribed by the regulations for the purposes of this subsection. Any such regulations must be consistent with Australia’s international obligations.

Note:

A person who wishes to rely on this subsection bears an evidential burden in relation to the matter in this subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

Unlicensed import of equipment containing a scheduled substance

(3)

A person contravenes this subsection if:

(a)

the person imports equipment; and

(b)

the equipment contains a substance; and

(c)

the substance is a scheduled substance; and

(d)

the person does not hold a licence that allows the importation; and

(e)

if the equipment contains an SGG—the person’s importation of the equipment is not covered by the low volume imports exemption under subsection (4).

Note 1:

See section 13A for the activities allowed by each type of licence.

Note 2:

While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

Note 3:

For exceptions to this subsection, see subsections (6) to (9).

(4)

For the purposes of paragraph (3)(e), a person’s importation of equipment is covered by the low volume imports exemption under this subsection if:

(a)

the total amount of SGGs contained in the equipment is not greater than an amount prescribed by the regulations for the purposes of this paragraph; and

(b)

any other conditions prescribed by the regulations for the purposes of this paragraph in relation to the person, the equipment or the importation are satisfied.

Unlicensed import of equipment that uses a scheduled substance in its operation

(5)

A person contravenes this subsection if:

(a)

the person imports equipment; and

(b)

the equipment uses a substance in its operation; and

(c)

the substance is a scheduled substance; and

(d)

the equipment or the substance (or both) is prescribed by the regulations for the purposes of this paragraph; and

(e)

the person does not hold a licence that allows the importation.

Note 1:

See section 13A for the activities allowed by each type of licence.

Note 2:

While suspended, a licence does not allow the licensee to carry out any activity that the licence would otherwise allow: see subsection 19D(4).

Note 3:

For exceptions to this subsection, see subsections (6) to (9).

Equipment exceptions—prescribed equipment, circumstances or purposes

(6)

Subsection (3) or (5) does not apply to a person importing equipment:

(a)

of a kind prescribed by the regulations for the purposes of this paragraph; or

(b)

in circumstances, or for a purpose, prescribed by the regulations for the purposes of this paragraph.

Equipment exceptions—private or domestic use

(7)

Subsection (3) or (5) does not apply to a person importing equipment if:

(a)

the equipment is kept by the person, or by a member of the person’s household, wholly or principally for private or domestic use; and

(b)

the equipment is prescribed by the regulations for the purposes of this paragraph; and

(c)

any other conditions prescribed by the regulations for the purposes of this paragraph are satisfied.

Equipment exceptions—temporary imports

(8)

Subsection (3) or (5) does not apply to a person importing equipment if:

(a)

the equipment is imported:

(i)

for a purpose, or in circumstances, (if any) prescribed by the regulations for the purposes of this subparagraph; and

(ii)

with the intention of later exporting the equipment within a period not exceeding 12 months, or a longer period prescribed by the regulations for the purposes of this subparagraph; and

(b)

any other conditions prescribed by the regulations for the purposes of this paragraph in relation to the person, the equipment or the importation are satisfied.

Equipment exceptions—returning Australian equipment

(9)

Subsection (3) or (5) does not apply to a person importing equipment if:

(a)

the equipment is of a kind prescribed by the regulations for the purposes of this paragraph; and

(b)

the person had previously exported the equipment for a purpose, or in circumstances, (if any) prescribed by the regulations for the purposes of this paragraph; and

(c)

while the equipment was outside Australia, no change was made to the type and quantity of scheduled substances contained in or used in the operation of the equipment, except in circumstances, or for purposes, (if any) prescribed by the regulations for the purposes of this paragraph; and

(d)

title to the equipment remains unchanged between the time of export and time of import of the equipment.

Note:

A person who wishes to rely on subsection (6), (7), (8) or (9) bears an evidential burden in relation to the matter in that subsection. See subsection 13.3(3) of the Criminal Code and section 96 of the Regulatory Powers Act.

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