Explanatory Memorandum
Circulated By Authority of the Minister for Home Affairs, the Hon Brendan O'Connor MPGENERAL OUTLINE
The Bill amends section 85W of the Crimes Act 1914 to insert an exception to the offence of 'causing narcotic substances to be carried by post' for Australia Post and the Royal Flying Doctor Service of Australia (RFDSA) and their officers, employees, agents and contractors. The exception would allow those organisations to arrange for the carriage of medicine by Australia Post for the purpose of enabling the RFDSA to administer its Medical Chest Program.
Section 85W provides for an offence of intentionally causing to carry by post an article that consists of, encloses or contains a prescribed narcotic substance within the meaning of the Customs Act 1901 . The definition of 'prescribed narcotic substance' in the Customs Act was repealed by the Customs and Excise Legislation Amendment Act 1990 . Due to an oversight, the effect of that repeal on the operation of section 85W was not taken into account and the reference in section 85W was not updated. The Bill amends section 85W to give effect, as closely as possible, to the original policy intention behind the offence in section 85W, when it was introduced, by referring to 'controlled drugs' and 'controlled plants', within the meaning of Part 9.1 of the Criminal Code Act 1995 .
Because 'carried by post' is defined in section 85E to mean 'carried by or through Australia Post', the offence in section 85W applies uniquely to persons (including employees of Australia Post) who arrange for the delivery of certain pharmaceuticals through Australia Post.
The RFDSA administers the RFDSA Medical Chest Program, which provides a range of pharmaceutical items, including pain relief drugs such as pethidine and morphine, which enable emergency treatment to be given to people in rural and remote areas. The RFDSA and its agents supply and maintain approximately 2, 600 Medical Chests across Australia, including those located in national parks, remote homesteads, pastoral stations, Aboriginal and Torres Strait Islander communities, outback schools, mines and mining exploration sites. The RFDSA regularly reviews the contents of the Chests to ensure relevance and currency of pharmaceuticals.
Until recently, Medical Chests were distributed utilising Australia Post. However, section 85W makes it an offence for Australia Post or the RFDSA to arrange for the distribution of pharmaceuticals containing prescribed narcotic substances. Delivery services in relation to certain pharmaceuticals ceased following the discovery that this practice contravenes section 85W of the Crimes Act in early 2010.
The Government understands that there are no viable alternatives to Australia Post for supplying medicines for the RFDS Medicine Chest Program. Australia Post is the only delivery provider servicing many remote locations and consequently, a number of Medical Chests in remote areas are depleted or carrying out of date stock.
The Bill also inserts a further exception to the offence in section 85W for bodies or persons (or their employees or others providing services for or on their behalf), prescribed in Regulations, who arrange for the supply of medicines to remote locations for the purposes of, and in accordance with, a program prescribed in Regulations.
This will enable prescribed persons and bodies to arrange for the provision of vital medicines to remote Australian communities utilising the delivery services of Australia Post in certain circumstances.
An urgent amendment to section 85W of the Crimes Act will address the risk of emergency medicines not being available to treat serious illness or injury in rural and remote areas of Australia.
PURPOSE
The purpose of the Bill is to ensure that Australia Post, the RFDSA and other prescribed bodies or persons can lawfully provide for the supply of medicines through Australia Post the RFDSA Medical Chest Program, and similar prescribed programs.
The Bill will also address a previous oversight, in failing to update the reference to 'prescribed narcotic substance within the meaning of the Customs Act 1901' in section 85W to address the repeal of that definition in 1990.