Note: Where available, the PDF/Word icon below is provided to view the complete and fully formatted document
Customs and Other Legislation Amendment (Australian Border Force) Bill 2015
Go To First Hit

Schedule 6 Amendments of Acts referring to the CEO of Customs

   

A New Tax System (Goods and Services Tax) Act 1999

1  Paragraph 117-5(1)(a)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs (within the meaning of the Customs Act 1901 )”.

2  Transitional provision

A determination made by the Chief Executive Officer of Customs, before the commencement of this item, as mentioned in paragraph 117-5(1)(a) of the A New Tax System (Goods and Services Tax) Act 1999 , has effect on and after that commencement as if it had been made by the Comptroller-General of Customs.

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

3  Section 5

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

4  Section 5 (definition of customs officer )

Repeal the definition, substitute:

customs officer means an officer of Customs within the meaning of the Customs Act 1901 .

5  Section 5 (paragraph (c) of the definition of investigating officer )

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

6  Paragraph 49(1)(e)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

7  Subsection 61(4)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

8  Paragraphs 122(1)(h) and (3)(h)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

9  Subparagraph 212(2)(a)(v)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

10  Saving and transitional provisions

(1)       A thing done by, or in relation to, a customs officer, being the Chief Executive Officer of Customs, under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 before the commencement of this item has effect on and after that commencement as if it had been done by, or in relation to, a customs officer, being the Comptroller-General of Customs.

(2)       A notice given by the Chief Executive Officer of Customs before the commencement of this item under subsection 49(1) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 has effect on and after that commencement as if it had been given under that subsection by the Comptroller-General of Customs.

(3)       An authorisation given by the Chief Executive Officer of Customs before the commencement of this item under subsection 61(4) of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 has effect on and after that commencement as if it had been given under that subsection by the Comptroller-General of Customs.

(4)       Despite the amendments of section 122 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a person who was at any time before that commencement the Chief Executive Officer of Customs.

Australian Crime Commission Act 2002

11  Subsection 4(1)

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

12  Subsection 4(1) (paragraph (c) of the definition of eligible Commonwealth Board member )

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

13  Paragraph 7B(2)(c)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

Australian Jobs Act 2013

14  Paragraph 107(1)(n)

Repeal the paragraph, substitute:

                     (n)  the Comptroller-General of Customs (within the meaning of the Customs Act 1901 );

15  Saving provision

Despite the amendment of section 107 of the Australian Jobs Act 2013 made by this Schedule, subsection 107(4) of that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a person who was at any time before that commencement the Chief Executive Officer of Customs.

Clean » « Energy » Regulator Act 2011

16  Paragraph 49(1)(u)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs (within the meaning of the Customs Act 1901 )”.

17  Saving provision

Despite the amendment of section 49 of the « Clean » « Energy Regulator Act 2011 made by this Schedule, subsection 49(4) of that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a person who was at any time before that commencement the Chief Executive Officer of Customs.

Commerce (Trade Descriptions) Act 1905

18  Section 1A

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

19  Section 3 (definition of CEO )

Repeal the definition.

20  Section 3

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

21  Subsections 7(3), 10(3), 11(3), 13(3) and 15(1)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

22  Transitional provisions

(1)       A notice given by the Chief Executive Officer of Customs before the commencement of this item under paragraph 7(3)(a), 10(3)(a), 11(3)(a) or 13(3)(a) of the Commerce (Trade Descriptions) Act 1905 has effect on and after that commencement as if it had been given under that paragraph by the Comptroller-General of Customs.

(2)       If an application made under subsection 15(1) of the Commerce (Trade Descriptions) Act 1905 before the commencement of this item for review of a decision of the Chief Executive Officer of Customs had not been decided by the Administrative Appeals Tribunal before that commencement, then the application has effect on and after that commencement as if it had been made under that subsection for review of a decision of the Comptroller-General of Customs.

Copyright Act 1968

23  Section 134B (definition of CEO )

Repeal the definition.

24  Section 134B

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

25  Subsections 135(2), (6) and (6A)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

26  Subsection 135(6A) (note)

Omit “CEO”, substitute “Comptroller-General of Customs”.

27  Subsection 135(7)

Omit “CEO”, substitute “Comptroller-General of Customs”.

28  Paragraph 135(8)(c)

Omit “CEO”, substitute “Comptroller-General of Customs”.

29  Subsections 135AA(1), (2) and (3)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

30  Section 135AB

Omit “CEO”, substitute “Comptroller-General of Customs”.

31  Subsections 135AC(1), (2) and (8)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

32  Subsections 135AD(1), (2), (3), (4) and (5)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

33  Subsection 135AE(1)

Omit “CEO”, substitute “Comptroller-General of Customs”.

34  Subsection 135AEA(1)

Omit “CEO”, substitute “Comptroller-General of Customs”.

35  Subsection 135AEB(2)

Omit “CEO”, substitute “Comptroller-General of Customs”.

36  Subsections 135AEC(1) and (2)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

37  Subsection 135AED(1)

Omit “CEO”, substitute “Comptroller-General of Customs”.

38  Paragraph 135AED(2)(b)

Omit “CEO”, substitute “Comptroller-General of Customs”.

39  Subsections 135AF(1), (2), (3) and (4)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

40  Paragraph 135AFA(a)

Omit “CEO”, substitute “Comptroller-General of Customs”.

41  Subsections 135AG(3), (5) and (6)

Omit “CEO”, substitute “Comptroller-General of Customs”.

42  Section 135AH

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

43  Paragraph 135AI(1)(b)

Omit “CEO”, substitute “Comptroller-General of Customs”.

44  Subsections 135AJ(1), (3) and (4)

Omit “CEO”, substitute “Comptroller-General of Customs”.

45  Paragraph 135AK(a)

Omit “CEO”, substitute “Comptroller-General of Customs”.

46  Paragraphs 195B(1)(ba), (c), (ca), (cb) and (d)

Omit “CEO”, substitute “Comptroller-General of Customs”.

47  Subsection 195B(3)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

48  Subsection 195B(8) (definition of CEO )

Repeal the definition.

49  Transitional provision

A thing done by, or in relation to, the Chief Executive Officer of Customs under Division 7 of Part V, or under subsection 195B(3), of the Copyright Act 1968 before the commencement of this item has effect on and after that commencement as if it had been done by, or in relation to, the Comptroller-General of Customs.

Crimes Act 1914

50  Subsection 3(1)

Insert:

Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Border Force Act 2015 .

51  Section 15GC (paragraph (c) of the definition of chief officer )

Omit “Chief Executive Officer of Customs”, substitute “Secretary of that Department”.

52  Paragraph 15HG(5)(b)

Omit “a Deputy Chief Executive Officer of Customs or a person occupying an equivalent or higher position”, substitute “a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in that Department”.

53  Section 15J (heading)

Repeal the heading, substitute:

15J   Secretary of Immigration and Border Protection Department to be notified of certain authorities

54  Subsection 15J(2)

Omit “Chief Executive Officer of Customs”, substitute “Secretary of the Immigration and Border Protection Department”.

55  Subsection 15JE(1) (table item 3)

Repeal the item, substitute:

3

the integrity of a staff member of the Immigration and Border Protection Department

the Immigration and Border Protection Department

(a) the Secretary of the Immigration and Border Protection Department; or

(b) an SES employee in the Immigration and Border Protection Department.

56  Subsection 15JS(5) (paragraph (c) of the definition of chief officer )

Omit “Chief Executive Officer of Customs”, substitute “Secretary of that Department”.

57  Section 15K (subparagraph (c)(ii) of the definition of chief officer )

Omit “Chief Executive Officer of Customs”, substitute “Secretary of that Department”.

58  Subsection 15M(1) (paragraph (b) of the definition of chief officer )

Omit “Chief Executive Officer of Customs”, substitute “Secretary of that Department”.

59  Subsection 15MX(3) (paragraph (b) of the definition of senior officer )

Omit “a Deputy Chief Executive Officer of Customs, or a person occupying an equivalent or higher position in Customs”, substitute “a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in that Department”.

60  Saving and transitional provisions

(1)       A thing done by, or in relation to, the Chief Executive Officer of Customs under Part IAB, IABA, IAC or IACA of the Crimes Act 1914 before the commencement of this item has effect on and after that commencement as if it had been done by, or in relation to, the Secretary of the Immigration and Border Protection Department.

(2)       An application made by the Chief Executive Officer of Customs as mentioned in section 15KG of the Crimes Act 1914 before the commencement of this item has effect on and after that commencement as if it had been made by the Secretary of the Immigration and Border Protection Department.

(3)       Sections 15KN, 15KO, 15KQ, 15KR and 15KS of the Crimes Act 1914 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a person who was the Chief Executive Officer of Customs, or an officer of Customs, at any time before that commencement.

(4)       A request made by the Chief Executive Officer of Customs under subsection 15KX(2) of the Crimes Act 1914 before the commencement of this item and that had not been complied with before that commencement has effect on and after that commencement as if it had been made under that subsection by the Secretary of the Immigration and Border Protection Department.

Criminal Code Act 1995

61  Section 146.1 of the Criminal Code (paragraph (d) of the definition of Commonwealth law enforcement officer )

Omit “Chief Executive Officer of Customs”, substitute “Australian Border Force Commissioner (within the meaning of the Australian Border Force Act 2015 )”.

62  Saving provision

Part 7.8 of the Criminal Code , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a thing done in relation to the Chief Executive Officer of Customs before that commencement.

Customs Securities (Penalties) Act 1981

63  Section 2A

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs (within the meaning of the Customs Act 1901 )”.

Customs Tariff Act 1995

64  Subsection 3(1)

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

65  Subsection 9(2)

Omit “Chief Executive Officer”, substitute “Comptroller-General of Customs”.

66  Subsection 19(9)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

67  Subsection 19AB(11)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

68  Schedule 4 (table item 20, column headed “Rate of duty”)

Omit “Chief Executive Officer of Customs” (wherever occurring), substitute “Comptroller-General of Customs”.

69  Transitional provision

A determination made before the commencement of this item by the Chief Executive Officer of Customs as mentioned in item 20 of Schedule 4 to the Customs Tariff Act 1995 has effect on and after that commencement as if it had been made by the Comptroller-General of Customs.

Customs Undertakings (Penalties) Act 1981

70  Section 2A

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs (within the meaning of the Customs Act 1901 )”.

Excise Act 1901

71  Subsection 61E(1) (definition of officer of Customs )

Repeal the definition, substitute:

officer of Customs has the same meaning as in the Customs Act 1901 .

Financial Transaction Reports Act 1988

72  Subsection 3(1)

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

73  Subsection 3(1) (definition of customs officer )

Repeal the definition, substitute:

customs officer means an officer of Customs within the meaning of the Customs Act 1901 .

74  Subsection 16(6) (paragraph (c) of the definition of investigating officer )

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

75  Subsection 16(6) (paragraph (d) of the definition of relevant authority )

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

76  Transitional provisions

(1)       A thing done by, or in relation to, a customs officer, being the Chief Executive Officer of Customs, under the Financial Transaction Reports Act 1988 before the commencement of this item has effect on and after that commencement as if it had been done by, or in relation to, a customs officer, being the Comptroller-General of Customs.

(2)       A request made before the commencement of this item by the Chief Executive Officer of Customs under subsection 16(4) of the Financial Transaction Reports Act 1988 that had not been complied with before that commencement has effect on and after that commencement as if it had been made under that subsection by the Comptroller-General of Customs.

Fisheries Management Act 1991

77  Subsection 84C(1)

Omit “Chief Executive Officer of Customs ( CEO )”, substitute “Comptroller-General of Customs”.

78  Subsection 84C(2)

Omit “CEO”, substitute “Comptroller-General of Customs”.

79  Paragraph 84C(3)(d)

Omit “CEO”, substitute “Comptroller-General of Customs”.

80  Subsection 84C(5)

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

81  Transitional provision

A direction of the Chief Executive Officer of Customs as mentioned in subsection 84C(1) or paragraph 84C(3)(d) of the Fisheries Management Act 1991 that was in force immediately before the commencement of this item continues in force on and after that commencement as if it had been given by the Comptroller-General of Customs.

Illegal Logging Prohibition Act 2012

82  Paragraph 11(b)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs (within the meaning of the Customs Act 1901 )”.

83  Transitional provision

A notification given to the Chief Executive Officer of Customs before the commencement of this item as mentioned in paragraph 11(b) of the Illegal Logging Prohibition Act 2012 has effect on and after that commencement as if it had been given to the Comptroller-General of Customs.

Law Enforcement Integrity Commissioner Act 2006

84  Subsection 5(1)

Insert:

Australian Border Force Commissioner has the same meaning as in the Australian Border Force Act 2015 .

85  Subsection 5(1) (paragraph (ba) of the definition of head )

Repeal the paragraph, substitute:

                   (ba)  if the agency is the Immigration and Border Protection Department—the Secretary of that Department; or

86  Subsection 5(1)

Insert:

Immigration and Border Protection Department means the Department administered by the Minister administering the Australian Border Force Act 2015 .

87  Subsection 5(1) (paragraph (ba) of the definition of law enforcement agency )

Repeal the paragraph, substitute:

                   (ba)  the Immigration and Border Protection Department; or

88  Subsection 10(2A)

Repeal the subsection, substitute:

Immigration and Border Protection Department staff members

          (2A)  The following are staff members of the Immigration and Border Protection Department for the purposes of this Act:

                     (a)  the Secretary of the Immigration and Border Protection Department;

                     (b)  the Australian Border Force Commissioner (including in his or her capacity as the Comptroller-General of Customs);

                     (c)  an APS employee in the Immigration and Border Protection Department;

                     (d)  a person covered by paragraph (d), (e) or (f) of the definition of officer of Customs in subsection 4(1) of the Customs Act 1901 ;

                     (e)  a person covered by paragraph (f) or (g) of the definition of officer in subsection 5(1) of the Migration Act 1958 .

89  Paragraph 10(5)(ba)

Repeal the paragraph, substitute:

                   (ba)  a person referred to in paragraph (2A)(d) or (e) is a secondee to the Immigration and Border Protection Department; and

90  Saving provisions

(1)       The Law Enforcement Integrity Commissioner Act 2006 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to conduct engaged in before that commencement by a staff member of Customs.

(2)       Without limiting subitem (1), if any process had begun, but had not concluded, under that Act before that commencement in relation to such conduct, then the process may be completed under that Act on and after that commencement.

(3)       For the purposes of the continued application of the Law Enforcement Integrity Commissioner Act 2006 in relation to such conduct:

                     (a)  the law enforcement agency concerned is taken, on and after that commencement, to be the Immigration and Border Protection Department; and

                     (b)  the head of that law enforcement agency is taken, on and after that commencement, to be the Secretary of that Department.

Major Sporting Events (Indicia and Images) Protection Act 2014

91  Section 9

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

92  Section 9 (definition of Customs CEO )

Repeal the definition.

93  Subsection 12(3)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

94  Section 15

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

95  Section 21 (heading)

Repeal the heading, substitute:

21   Notifying Secretary and Comptroller-General of Customs of changes to registers

96  Section 21

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

97  Section 22

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

98  Subsections 23(1) and (4)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

99  Section 25 (heading)

Repeal the heading, substitute:

25   Seizure of goods by Comptroller-General of Customs

100  Subsection 25(1) (heading)

Repeal the heading, substitute:

Comptroller-General of Customs must seize goods

101  Subsection 25(1)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

102  Subsection 25(2) (heading)

Repeal the heading, substitute:

When Comptroller-General of Customs is not required to seize goods

103  Subsections 25(2), (3), (4), (5) and (6)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

104  Subsections 26(1), (2) and (4)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

105  Subsections 27(1), (2), (3), (4) and (5)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

106  Paragraph 28(a)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

107  Subsection 29(1)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

108  Subsection 30(2)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

109  Subsections 31(1), (2) and (3)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

110  Subsection 32(1)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

111  Paragraph 32(2)(b)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

112  Subsections 33(1), (2), (3) and (4)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

113  Subsection 33(4) (note)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

114  Subsection 34(4)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

115  Subsection 34(4) (note)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

116  Paragraph 34(5)(b)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

117  Paragraph 35(a)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

118  Paragraph 36(1)(b)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

119  Subsections 36(1) and (2) (notes)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

120  Section 37 (heading)

Repeal the heading, substitute:

37   Power of Comptroller-General of Customs to retain control of goods

121  Section 37

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

122  Subsections 38(1) and (3)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

123  Subsection 39(1)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

124  Paragraph 40(a)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

125  Section 41

Omit “The Customs CEO or an officer of Customs”, substitute “An officer of Customs”.

126  Section 42 (heading)

Repeal the heading, substitute:

42   Notice to Comptroller-General of Customs of imports by official users

127  Subsections 42(1) and (2)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

128  Transitional provisions

(1)       A thing done by, or in relation to, the Chief Executive Officer of Customs under the Major Sporting Events (Indicia and Images) Protection Act 2014 before the commencement of this item has effect on and after that commencement as if it had been done by, or in relation to, the Comptroller-General of Customs.

(2)       A determination under section 41 of the Major Sporting Events (Indicia and Images) Protection Act 2014 that was in force immediately before the commencement of this item continues in force on and after that commencement as if it were a determination made under that section as amended by this Schedule.

Maritime Powers Act 2013

129  Paragraph 114(3)(a)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs (within the meaning of the Customs Act 1901 )”.

130  Transitional provision

A waiver made by the Chief Executive Officer of Customs before the commencement of this item as mentioned in paragraph 114(3)(a) of the Maritime Powers Act 2013 has effect on and after that commencement as if it had been made by the Comptroller-General of Customs.

Narcotic Drugs Act 1967

131  Section 3

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

132  Subsection 4(1) (definition of CEO )

Repeal the definition.

133  Subsection 4(1)

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

134  Section 6

Omit “CEO”, substitute “Comptroller-General of Customs”.

135  Subsection 12(1)

Omit “CEO”, substitute “Comptroller-General of Customs”.

136  Subsection 14A(1)

Omit “(1)”.

137  Paragraph 14A(1)(d)

Omit “CEO”, substitute “Comptroller-General of Customs”.

138  Subsection 22(3)

Omit “CEO”, substitute “Comptroller-General of Customs”.

139  Subsection 24(2)

Omit “CEO”, substitute “Comptroller-General of Customs”.

140  Transitional provisions

(1)       A direction given by the Chief Executive Officer of Customs before the commencement of this item under section 12 of the Narcotic Drugs Act 1967 has effect on and after that commencement as if it had been given under that section by the Comptroller-General of Customs.

(2)       Directions given by the Chief Executive Officer of Customs before the commencement of this item under subsection 22(3) of the Narcotic Drugs Act 1967 have effect on and after that commencement as if they had been given under that subsection by the Comptroller-General of Customs.

(3)       An appointment made by the Chief Executive Officer of Customs before the commencement of this item as mentioned in subsection 24(2) of the Narcotic Drugs Act 1967 has effect on and after that commencement as if it had been made by the Comptroller-General of Customs.

National Health Act 1953

141  Subsection 99ZH(1) (definition of CEO of Customs )

Repeal the definition.

142  Subsection 99ZH(1)

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

143  Subsection 99ZN(1)

Omit “CEO of Customs”, substitute “Comptroller-General of Customs”.

144  Paragraph 99ZN(2)(d)

Omit “CEO of Customs”, substitute “Comptroller-General of Customs”.

145  Paragraph 99ZN(3)(b)

Omit “CEO of Customs”, substitute “Comptroller-General of Customs”.

146  Subsections 99ZS(1) and (3)

Omit “CEO of Customs”, substitute “Comptroller-General of Customs”.

147  Transitional provisions

(1)       A place specified by the Chief Executive Officer of Customs before the commencement of this item as mentioned in subsection 99ZN(1) or paragraph 99ZN(2)(d) or (3)(b) of the National Health Act 1953 has effect on and after that commencement as if it had been specified by the Comptroller-General of Customs.

(2)       Guidelines issued by the Chief Executive Officer of Customs before the commencement of this item under section 99ZS of the National Health Act 1953 and that were in force immediately before that commencement continue in force on and after that commencement as if they had been issued under that section by the Comptroller-General of Customs.

Olympic Insignia Protection Act 1987

148  Section 49 (definition of CEO )

Repeal the definition.

149  Section 49

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

150  Section 50

Omit “The CEO or an officer of Customs”, substitute “An officer of Customs”.

151  Subsections 52(1) and (4)

Omit “CEO”, substitute “Comptroller-General of Customs”.

152  Section 54 (heading)

Repeal the heading, substitute:

54   Comptroller-General of Customs may seize goods

153  Subsections 54(2), (3) and (4)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

154  Subsections 55(1), (2), (4) and (5)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

155  Subsections 56(1) and (2)

Omit “CEO”, substitute “Comptroller-General of Customs”.

156  Subsections 57(1), (2) and (3)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

157  Subsection 57(3) (note)

Omit “CEO”, substitute “Comptroller-General of Customs”.

158  Paragraph 58(2)(b)

Omit “CEO”, substitute “Comptroller-General of Customs”.

159  Subsections 58(5) and (6)

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

160  Section 59

Omit “CEO”, substitute “Comptroller-General of Customs”.

161  Section 60 (heading)

Repeal the heading, substitute:

60   Power of Comptroller-General of Customs to retain control of goods

162  Section 60

Omit “CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

163  Section 61

Omit “CEO”, substitute “Comptroller-General of Customs”.

164  Paragraph 62(a)

Omit “CEO”, substitute “Comptroller-General of Customs”.

165  Transitional provisions

(1)       A thing done by, or in relation to, the Chief Executive Officer of Customs under Division 2 of Part 3.4 of the Olympic Insignia Protection Act 1987 before the commencement of this item has effect on and after that commencement as if it had been done by, or in relation to, the Comptroller-General of Customs.

(2)       A determination under section 50 of the Olympic Insignia Protection Act 1987 that was in force immediately before the commencement of this item continues in force on and after that commencement as if it were a determination made under that section as amended by this Schedule.

Passenger Movement Charge Collection Act 1978

166  Section 3 (paragraph (b) of the definition of authorised officer )

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

167  Section 3

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

168  Subsection 7(2)

Omit “(2)”.

169  Subsection 7(2)

Omit “authorized officer” (wherever occurring), substitute “authorised officer”.

170  Subsection 8(1)

Omit “subsection 7(2)”, substitute “section 7”.

171  Subsections 8(3) and (4)

Omit “authorized officer”, substitute “authorised officer”.

172  Subsection 9(2)

Omit “authorized officer”, substitute “authorised officer”.

173  Subsections 11(1) and (2)

Omit “authorized officers”, substitute “authorised officers”.

174  Transitional provision

An authorisation given by the Chief Executive Officer of Customs before the commencement of this item as mentioned in paragraph (b) of the definition of authorised officer in section 3 of the Passenger Movement Charge Collection Act 1978 has effect on and after that commencement as if it had been given by the Comptroller-General of Customs.

Proceeds of Crime Act 2002

175  Paragraph 213(3)(g)

Omit “Chief Executive Officer of Customs”, substitute “ * Comptroller-General of Customs”.

176  At the end of section 223

Add:

             (5)  For the purposes of paragraph (4)(a), the head of the * enforcement agency, that is the * Immigration and Border Protection Department, is the * Comptroller-General of Customs.

177  At the end of section 254

Add:

             (3)  For the purposes of this section, the head of the * enforcement agency, that is the * Immigration and Border Protection Department, is the * Comptroller-General of Customs.

178  Section 338 (paragraph (c) of the definition of authorised officer )

Repeal the paragraph, substitute:

                     (c)  a person who is an APS employee in the * Immigration and Border Protection Department and who is authorised by the * Comptroller-General of Customs; or

179  Section 338

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

180  Section 338

Insert:

Immigration and Border Protection Department means the Department administered by the Minister administering Part XII of the Customs Act 1901 .

181  Transitional provisions

(1)       A notice mentioned in paragraph 15Q(2)(b) or subsection 15R(2) of the Proceeds of Crime Act 2002 that was given to Customs before the commencement of this item is taken on and after that commencement to have been given to the Immigration and Border Protection Department.

(2)       If:

                     (a)  a freezing order under the Proceeds of Crime Act 2002 is made before, on or after the commencement of this item; and

                     (b)  the order is made because of an application made by an authorised officer described in paragraph (c) of the definition of authorised officer in section 338 of that Act, as in force immediately before that commencement;

then, for the purposes of the application of paragraph 15Q(2)(b) or subsection 15R(2) of that Act in relation to that order on and after that commencement, the enforcement agency is taken to be the Immigration and Border Protection Department.

(3)       An application referred to in subsection 202(3), 219(4) or 225(3) of the Proceeds of Crime Act 2002 that was made before the commencement of this item by an authorised officer described in paragraph (c) of the definition of authorised officer in section 338 of that Act and that was pending immediately before that commencement is taken on and after that commencement to be an application made by an authorised officer described in paragraph (c) of that definition (as amended by this Schedule).

(4)       A notice given by the Chief Executive Officer of Customs before the commencement of this item under subsection 213(1) of the Proceeds of Crime Act 2002 is taken on and after that commencement to have been given under that subsection by the Comptroller-General of Customs.

(5)       A monitoring order in force immediately before the commencement of this item that, under paragraph 220(1)(d) of the Proceeds of Crime Act 2002 , specifies Customs as the enforcement agency is taken on and after commencement, under that paragraph, to specify the Immigration and Border Protection Department as the enforcement agency.

(6)       If, immediately before the commencement of this item, the head of Customs was the responsible custodian of a thing under section 254 of the Proceeds of Crime Act 2002 , then on and after that commencement the Comptroller-General of Customs is taken to be the responsible custodian of that thing.

Psychotropic Substances Act 1976

182  Section 2A

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

183  Section 3

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

184  Subsection 9(3)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

185  Transitional provision

Directions given by the Chief Executive Officer of Customs before the commencement of this item under subsection 9(3) of the Psychotropic Substances Act 1976 have effect on and after that commencement as if they had been given under that subsection by the Comptroller-General of Customs.

Taxation Administration Act 1953

186  Subsection 355-65(8) in Schedule 1 (table item 2)

Repeal the item, substitute:

2

the Comptroller-General of Customs (within the meaning of the Customs Act 1901 )

is for the purpose of administering any Act to the extent to which the Comptroller-General of Customs has the general administration of the Act or any instrument under such an Act.

187  Application and transitional provisions

(1)       The amendment of subsection 355-65(8) in Schedule 1 to the Taxation Administration Act 1953 made by this Schedule applies in relation to records and disclosures of information made on or after the commencement of this item (whether the information was acquired before, on or after that commencement).

(2)       A record or disclosure made before the commencement of this item that was covered by item 2 of the table in subsection 355-65(8) in Schedule 1 to the Taxation Administration Act 1953 is taken on and after that commencement to have been a record or disclosure covered by that item as repealed and substituted by this Schedule.

Telecommunications (Interception and Access) Act 1979

188  Paragraph 68(o)

Omit “Chief Executive Officer of Customs”, substitute “Secretary of the Immigration and Border Protection Department”.

189  Transitional provision

Information communicated to the Chief Executive Officer of Customs before the commencement of this item as mentioned in paragraph 68(o) of the Telecommunications (Interception and Access) Act 1979 is taken on and after that commencement to have been information communicated to the Secretary of the Immigration and Border Protection Department.

Therapeutic Goods Act 1989

190  Subsection 3(1)

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

191  Paragraph 14B(b)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

192  Paragraph 19B(7)(b)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

193  Paragraph 19D(5)(b)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

194  Paragraph 41MD(b)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

195  Paragraph 41MJ(b)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

196  Subsections 42F(1) and (2)

Omit “Chief Executive Officer of Customs”, substitute “Comptroller-General of Customs”.

197  Transitional provision

A notification given to the Chief Executive Officer of Customs before the commencement of this item as mentioned in paragraph 14B(b), 19B(7)(b), 19D(5)(b), 41MD(b) or 41MJ(b) or subsection 42F(1) or (2) of the Therapeutic Goods Act 1989 has effect on and after that commencement as if it had been given to the Comptroller-General of Customs.

Trade Marks Act 1995

198  Readers guide (list of terms defined in section 6)

Insert “Comptroller-General of Customs”.

199  Readers guide (list of terms defined in section 6)

Omit “Customs CEO”.

200  Subsection 6(1)

Insert:

Comptroller-General of Customs means the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .

201  Subsection 6(1) (definition of Customs CEO )

Repeal the definition.

202  Subparagraph 26(1)(d)(i)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

203  Paragraph 84C(2)(b)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

204  Section 131

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

205  Subsections 132(1), (3), (4) and (5)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

206  Section 133 (heading)

Repeal the heading, substitute:

133   Comptroller-General of Customs may seize goods infringing trade mark

207  Subsections 133(2), (3), (3A), (3B) and (4)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

208  Section 133A

Omit “The Customs CEO or an officer of Customs”, substitute “An officer of Customs”.

209  Subsection 134(1)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

210  Subparagraph 134(2)(b)(ii)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

211  Subsection 134(4)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

212  Subsections 134A(1), (2), (3), (4) and (5)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

213  Subsections 135(1), 136(1) and 136A(2)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

214  Subsections 136B(1), (2) and (3)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

215  Subsection 136C(1)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

216  Paragraph 136C(2)(b)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

217  Subsections 136D(1), (2) and (3)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

218  Subsection 136D(4)

Omit “CEO”, substitute “Comptroller-General of Customs”.

219  Paragraph 136E(a)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

220  Paragraph 137(2)(b)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

221  Subsection 137(6)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

222  Paragraph 139(1)(b)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

223  Subsection 139(2) (note)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

224  Section 140 (heading)

Repeal the heading, substitute:

140   Power of Comptroller-General of Customs to retain control of goods

225  Section 140

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

226  Section 141

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

227  Subsections 141A(1) and (3)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

228  Paragraph 142(a)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

229  Subsection 143(1)

Omit “Customs CEO” (wherever occurring), substitute “Comptroller-General of Customs”.

230  Subsection 143(1) (note 2)

Omit “Customs CEO”, substitute “Comptroller-General of Customs”.

231  Section 261

Repeal the section.

232  Transitional provisions

(1)       A thing done by, or in relation to, the Chief Executive Officer of Customs under the Trade Marks Act 1995 before the commencement of this item has effect on and after that commencement as if it had been done by, or in relation to, the Comptroller-General of Customs.

(2)       A determination under section 133A of the Trade Marks Act 1995 that was in force immediately before the commencement of this item continues in force on and after that commencement as if it were a determination made under that section as amended by this Schedule.