Can I import medications from overseas for personal use?

In Plain English

Generally, you need a license and permission to import drugs into Australia. However, there are exceptions. You don't need a license or permission if you're a passenger on a ship or plane and the drug is for your medical treatment (or the treatment of someone in your care), was prescribed by a doctor, and was supplied to you according to that prescription. A similar exception exists for medications required for the treatment of animals being imported, provided they were prescribed by a veterinarian. Also, the Minister can approve the importation of certain drugs under specific conditions.

Detailed Explanation

The Customs (Prohibited Imports) Regulations 1956 outline the rules for importing drugs into Australia.

  • General Prohibition: Regulation 5(1) states that importing a drug is prohibited unless the importer holds both a license and permission to import the drug, and complies with the conditions of that permission, including producing the permission to a Collector.
  • Exceptions:
    • Regulation 5(2)(b) provides an exception for passengers on ships or aircraft importing drugs for personal medical treatment (or the treatment of someone under their care), provided the drug was prescribed by a medical practitioner and supplied according to that prescription.
    • Regulation 5(2A) provides a similar exception for drugs required for the medical treatment of an animal being imported, provided the drug was prescribed by a veterinarian.
    • Regulation 5(2)(a) notes that subregulation 5(1) does not apply to a drug in respect of which an approval is in force under subregulation 5(3). The Minister may, on the recommendation of the Secretary, approve the importation of a drug by legislative instrument under certain conditions, such as the drug being specified in the approval, imported in a specific form, or imported by a specific person or class of persons.
  • Therapeutic Goods:
    • The Therapeutic Goods Act 1989 also addresses the import of therapeutic goods, allowing regulations to prohibit the import of therapeutic goods to align with international agreements (Chapter 2A).
    • Section 19A(1) allows the Secretary to approve the import of therapeutic goods not on the Australian Register of Therapeutic Goods (ARTG) if necessary for public health, especially when substitute registered goods are unavailable, as described in the Therapeutic Goods (Foreign Countries) Determination 2016.
  • Export Restrictions:
    • The Customs (Prohibited Exports) Regulations 1958 also regulate the export of drugs, with Division 2 outlining specific rules for Schedule 8 drugs and precursor substances.
    • The National Health Act 1953 restricts the export of "drug like substances" unless they are not prescription drugs, are prescription drugs without Commonwealth benefits, or are for personal use.