Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs Senator the Honourable Chris Ellison)Notes on clauses
This is a formal clause which provides for the citation of the Bill.
This clause sets out when the Bill commences. The Bill will commence on the day the Bill receives Royal Assent.
This clause makes it clear that Schedules to the Bill will amend the Acts set out in those Schedules in accordance with the provisions set out in each Schedule.
Schedule 1 - Amendment of the Customs Act 1901
The Customs Act 1901 (Customs Act) provides for serious penalties for illicit dealings (such as importing or exporting) in 'narcotic substances' across the Australian border. The penalties for these offences vary according to the quantity of the narcotic substance involved: generally, a commercial quantity attracts up to life imprisonment, and a trafficable quantity attracts up to 25 years imprisonment.
Commercial and trafficable quantities for narcotic substances can be set out in either Schedule VI of the Customs Act, or in the Customs (Narcotic Substances) Regulations. The Bill will prescribe commercial quantities for all those narcotic substances in Schedule VI for which a commercial quantity is not currently prescribed. It is not possible to provide for the new commercial quantities by regulation because the substances in question are dealt with in the schedule to the Customs Act.
In setting the commercial quantity of narcotic substance that is suitable for an offence which may attract a penalty of life imprisonment, regard has been given to the 'commercial quantities' prescribed in the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990 and relevant quantities prescribed in State drug legislation.
This clause is necessary to ensure that the amendments to Schedule VI have prospective application by applying only to those offences committed after the commencement of this Schedule.