5018 -

REVISED

2004-2005-2006

 

The Parliament of the

Commonwealth of Australia

 

THE SENATE

 

 

 

Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006

 

 

(Amendments to be moved by Senator Murray on behalf of the Australian Democrats in committee of the whole)

 

(1)     Schedule 1, item 14, page 6 (after line 22), at the end of section 209N, add:

             (3)  Before a person surrenders goods in accordance with this section, the person may seek legal advice immediately, and up to 7 days after the date of surrender of the goods.

[Inspector-General]

(2)     Schedule 1, item 14, page 7 (after line 15), at the end of the Subdivision, add:

209RA  Annual Report

A report on the operation of the Subdivision is to be included in each annual report furnished by the CEO in accordance with section 17 of the Customs Administration Act 1985 .

[annual report]

(3)     Schedule 1, item 14, page 13 (after line 21), at the end of the Subdivision, add:

209ZD  Review of decisions

A decision made by an officer in accordance with this Part is a reviewable decision for the purposes of the Administrative Appeals Tribunal Act 1975 .

[review]

(4)     Schedule 1, item 36, page 16 (after line 4), at the end of section 243ZG, add:

             (2)  Before making guidelines in accordance with subsection (1), the CEO must release a draft of the guidelines for public comment.

[guidelines available for public comment]

(5)     Schedule 1, item 36, page 16 (after line 30), at the end of section 243ZH, add:

             (5)  An infringement notice for an offence covered by section 243ZF does not have any effect unless the goods to which the offence relates:

                     (a)  were seized in a section 234AA place; or

                     (b)  were seized in a section 243ABA area; or

                     (c)  were imported by post; or

                     (d)  are the unaccompanied personal or household effects of a passenger in, or a member of the crew of, a ship or aircraft.

[limitation on infringement notices under section 243ZH]

(6)     Schedule 1, item 36, page 17 (line 18), omit “in any other case”, substitute “if the notice relates to goods which were imported by post or which are the unaccompanied personal or household effects of a passenger in, or a member of the crew of, a ship or aircraft”.

[clarifying provision]

(7)     Schedule 1, item 36, page 20 (after line 21), at the end of the Subdivision, add:

243ZP  Review of decisions

A decision made by an officer in accordance with this Part is a reviewable decision for the purposes of the Administrative Appeals Tribunal Act 1975 .

243ZQ  Annual Report

A report on the operation of the Subdivision is to be included in each annual report furnished by the CEO in accordance with section 17 of the Customs Administration Act 1985 .

[review/report]