top of page
Search
  • Mark Parker

Australian Customs & Department of Home Affairs.

Updated: Aug 1, 2022

Another chronological marker to be updated in the near future...





Communications Between the Department of Home affairs:


From: mark parker Sent: Thursday, 21 July 2022 4:19 PM To: National Claims <nationalclaims@homeaffairs.gov.au> Subject: Border Force Seizure Notice Enquiry "To whom it may concern, I would like to make a general enquiry before making a decision on any formal proceedings relating to this matter. I received a "Seizure Notice" referenced GSM No: GR-2*******6 I am confused by the seizure as from what I understand the substance "Organic Mitragyna Hirsuta" is not illegal in Australia & seek clarification regarding this? As a Social Worker & on a personal level I am concerned about the seizure as I do not understand what law I have allegedly broken & therefore how to avoid accidentally doing so again in the future? How does a person double check they are not ordering products that violate customs regulations? Especially where customs regulations differ to common law stating products are not illegal in Australia. Also at what point are people prosecuted for potentially repeatedly accidentally violating customs regulations? I'm actually too scared to order anything online due to this matter & are too afraid to challenge it due to not being able to obtain clear information on the matter. However, if I don't challenge it it that considered an admission of "guilt"? I am actually the owner/director of an Australian company Universal Asylum ABN: 219 310 953 41 registered with the TGA: 8***2 that may have been able to apply for permits had I known any such permits were required. However, as I am unable to find any information directly in relation to the importation of the said substance I am struggling to identify appropriate importation permits or information on weather such permits would have been required prior to the goods being seized in order to challenge their seizure? I may be a fully qualified Social Worker. However, I'm also on a disability pension & cannot afford to have $130 worth of goods that are legal in Australia literally stolen by Border Force. To be quite frank, I actually find this decision absolutely terrifying!!! Yours Sincerely, Mark Parker"


..................................................................................................................................................................................

National Claims <nationalclaims@homeaffairs.gov.au> To:'mark parker' Fri, Jul 22 at 8:24 AM

OFFICIAL Dear Mark Parker, Thank you for your email seeking clarification in regards to the seizure of your shipment. Your shipment of Organic Mitragyna Hirsuta has been seized as it is classified as item 204 in Schedule 4 to the Customs (Prohibited Imports) Regulations 1956 (Cth). Under regulation 5 of the Regulations, the importation of drugs is prohibited unless you have a licence or permission from the Minister of Health and it or a copy is produced to a Collector, or you are a passenger arriving on board a ship or aircraft and: · the drug is required for your own medical treatment or the treatment of another passenger or animal under your care · the drugs has been prescribed by a medical practitioner or veterinarian and the original prescription is presented upon arrival, and · the amount of drug/s does not exceed three (3) month’s supply at the maximum prescribed dosage. Whilst this product may be available in stores in Australia, you do need permission to import them as cargo or as a passenger specified above. There are no penalties involved with this seizure. There is no admission of guilt if you do not challenge the seizure. The goods will be forfeited to the Crown and disposed of once the claim period has expired. Regards, Grace-49001862 Supervisor National Claims Processing Team Legal Strategy & Services Branch Legal Group Department of Home Affairs E: nationalclaims@homeaffairs.gov.au W: www.homeaffairs.gov.au


..................................................................................................................................................................................

mark parker To:nationalclaims@homeaffairs.gov.au Fri, Jul 22 at 11:13 AM

Thankyou for your reply, Would a persciption from my doctor have to be dated prior to the sezier or would it be acceptable to have one written at my next appointment? If acceptable, as the product is not available from chemists would such a prescription have to be a normal prescription format or would a prescription in the form of letter from my doctor suffice? I am also concerned as you have failed to provide answer to my questions regarding the fact there appear to be no systems emplaced for people to clearly check wheather they are accidentally importing prohibited imports? The other question that hasn't been answered relates to any potential consequences of accidentally ordering other potentially prohibited products? Regards, Mark Parker


..................................................................................................................................................................................


ational Claims <nationalclaims@homeaffairs.gov.au> To:'mark parker' Fri, Jul 22 at 11:25 AM

OFFICIAL Dear Mark Parker, The list of restricted items is so large it is not possible for these all to be on our website. We do recommend that you contact ABF prior to importing any goods from overseas. www.abf.gov.au As you would like to import these goods as cargo you require permission from the Minister of Health. This cannot be dated post import. I cannot answer your question in relation to consequences of ordering potentially prohibited imports as there are many factors that may affect whether a case is treated as a prosecution. In a case such as yours where it is a small amount of product listed under Schedule 4 to the Customs (Prohibited Imports) Regulations 1956 (Cth) and the goods were declared, ABF decided to seize the goods and no further action to be taken. There are many variables to each import which will affect the decision by ABF. Regards, Grace-49001862 Supervisor National Claims Processing Team Legal Strategy & Services Branch Legal Group Department of Home Affairs E: nationalclaims@homeaffairs.gov.au W: www.homeaffairs.gov.au


..................................................................................................................................................................................


I feel I need to make further comment on the many ridiculous aspects of this situation but currently have greater priorities. In ways the communications do kinda speak for themselves though!

49 views0 comments

Recent Posts

See All

Comments


Post: Blog2 Post
bottom of page