Customs (Prohibited Imports) Amendment Regulations 2011 (No. 3)1
Select Legislative Instrument 2011 No. 232
I, QUENTIN BRYCE, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following Regulations under the Customs Act 1901.
Dated 7 December 2011
QUENTIN BRYCE
Governor-General
By Her Excellency’s Command
BRENDAN O’CONNOR
Minister for Home Affairs
1              Name of Regulations
                These Regulations are the Customs (Prohibited Imports) Amendment Regulations 2011 (No. 3).
2              Commencement
                These Regulations commence on the day after they are registered.
3              Amendment of Customs (Prohibited Imports) Regulations 1956
                Schedule 1 amends the Customs (Prohibited Imports) Regulations 1956.
Schedule 1        Amendment
(regulation 3)
 
[1]           After regulation 4G
insert
4H           Importation of ice pipes
         (1)   In this regulation:
authorised person means an SES employee or an acting SES employee of the Department authorised in writing by the Minister for this regulation.
component of an ice pipe means a device that:
                (a)    appears, on reasonable grounds, to be part of an ice pipe; and
               (b)    is capable of being used for administering a drug mentioned in Schedule 4, in the way described in the definition of ice pipe, only if adjusted, modified or added to.
ice pipe means a device that is capable of being used for administering methylamphetamine, or any other drug mentioned in Schedule 4, by the drawing or inhaling of smoke or fumes resulting from heating the drug, in the device, in a crystal, powder, oil or base form.
         (2)   The importation into Australia of an ice pipe or a component of an ice pipe is prohibited unless:
                (a)    the person importing the ice pipe or the component of an ice pipe is the holder of a written permission granted by the Minister or an authorised person; and
               (b)    the permission is produced to the Collector at or before the time of importation.
         (3)   An application for the grant of a permission under subregulation (2) must be:
                (a)    in writing; and
               (b)    lodged with the Minister or an authorised person.
         (4)   The Minister, or an authorised person, may ask an applicant for the grant of a permission to give to the Minister or authorised person any information that the Minister or authorised person may reasonably require for the purpose of making a decision in relation to the application.
         (5)   A permission granted under subregulation (2) may specify:
                (a)    conditions or requirements that the holder of the permission must comply with; and
               (b)    a time at which the holder of the permission must comply with a condition or requirement, whether before or after the importation of the ice pipe to which the permission relates.
         (6)   If the Minister or an authorised person is satisfied, on reasonable grounds, that the holder of a permission granted under subregulation (2) has not complied with any condition or requirement mentioned in the permission, the Minister or the authorised person may, by writing, revoke the permission.
Note
1.       All legislative instruments and compilations are registered on the Federal Register of Legislative Instruments kept under the Legislative Instruments Act 2003. See http://www.frli.gov.au.