Document ID: chunk:federal_register_of_legislation:C2022A00092:clause:1_13aa:p1
Version: federal_register_of_legislation:C2022A00092
Segment Type: clause
Provision Reference: sch 1 cl 13AA (pt 1/3)
Character Range: 27019–29796

13AA  Prohibition—unlicensed import of scheduled substance or equipment

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