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Customs and Other Legislation Amendment (Australian Border Force) Bill 2015

Schedule 9 Other application and transitional provisions

   

1  References to APS employee in Australian Border Force Act

To avoid doubt, a reference in the Australian Border Force Act 2015 to an APS employee in the Department is a reference to a person who is an APS employee in the Department, whether the person became such an employee before, on or after the commencement of this item.

2  Immigration and Border Protection workers—former Customs workers

Person whose services made available to Customs

(1)       A person to whom paragraph (b) of the definition of Customs worker in section 3 of the Customs Administration Act 1985 applies immediately before the commencement of this item is taken on and after that commencement to be a person to whom paragraph (d) of the definition of Immigration and Border Protection worker in subsection 4(1) of the Australian Border Force Act 2015 applies.

Consultants and contractors

(2)       A person to whom paragraph (c) of the definition of Customs worker in section 3 of the Customs Administration Act 1985 applies immediately before the commencement of this item is taken on and after that commencement to be a person to whom paragraph (e) of the definition of Immigration and Border Protection worker in subsection 4(1) of the Australian Border Force Act 2015 applies.

Other persons

(3)       A person to whom paragraph (d) of the definition of Customs worker in section 3 of the Customs Administration Act 1985 applies immediately before the commencement of this item is taken on and after that commencement to be a person to whom paragraph (f) of the definition of Immigration and Border Protection worker in subsection 4(1) of the Australian Border Force Act 2015 applies.

3  Immigration and Border Protection workers—Departmental workers

Person whose services made available to Department

(1)       For the purposes of paragraph (d) of the definition of Immigration and Border Protection worker in subsection 4(1) of the Australian Border Force Act 2015 , it does not matter whether a person’s services were first made available to the Department before, on or after the commencement of this item.

Consultants and contractors

(2)       For the purposes of paragraph (e) of the definition of Immigration and Border Protection worker in subsection 4(1) of the Australian Border Force Act 2015 , it does not matter whether the engagement of a person occurred before, on or after the commencement of this item.

Other persons

(3)       For the purposes of paragraph (f) of the definition of Immigration and Border Protection worker in subsection 4(1) of the Australian Border Force Act 2015 , it does not matter whether the engagement of a person occurred, or whether the employment of a person commenced, before, on or after the commencement of this item.

4  Prohibited drugs

An instrument in force under section 16H of the Customs Administration Act 1985 immediately before the commencement of this item is taken on and after that commencement to be an instrument made by the Secretary and in force under subsection 4(3) of the Australian Border Force Act 2015 .

5  Secrecy—protected information

(1)       Part 6 of the Australian Border Force Act 2015 applies in relation to the making of a record of, or the disclosure of, information on or after the commencement of this item, whether the information was obtained before, on or after that commencement.

(2)       A person who was, at any time before the commencement of this item, a person to whom section 16 of the Customs Administration Act 1985 applied is taken, on and after that commencement, to be an entrusted person for the purposes of the Australian Border Force Act 2015 .

(3)       Any information that, before the commencement of this item, was protected information for the purposes of section 16 of the Customs Administration Act 1985 is taken, on and after that commencement, to be protected information for the purposes of the Australian Border Force Act 2015 .

6  Secrecy—agreements

(1)       Subsection 45(4) of the Australian Border Force Act 2015 applies in relation to agreements entered into before, on or after the commencement of this item.

(2)       An agreement referred to in subsection 16(3D) of the Customs Administration Act 1985 that was entered into by Customs and that was in force immediately before the commencement of this item is taken on and after that commencement to have been an agreement entered into by the Commonwealth and to be an agreement to which subsection 45(4) of the Australian Border Force Act 2015 applies.

7  Officer of Customs

A thing done under a law of the Commonwealth before the commencement of this item by, or in relation to, an Officer of Customs within the meaning of subsection 4(1) of the Customs Act 1901 is taken on and after that commencement to have been a thing done under that law by, or in relation to, an officer of Customs within the meaning of that subsection as amended by this Act.

8  Transitional—legal proceedings involving the Chief Executive Officer of Customs

If, immediately before the commencement of this item, the Chief Executive Officer of Customs was a party to proceedings pending in any court or tribunal, the Comptroller-General of Customs is substituted for the Chief Executive Officer of Customs as a party to the proceedings on and after that commencement.

9  Transitional rules

(1)       The Minister may, by legislative instrument, make rules prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to:

                     (a)  the amendments or repeals made by this Act; or

                     (b)  the enactment of this Act or the Australian Border Force Act 2015 .

(2)       To avoid doubt, the rules may not do the following:

                     (a)  create an offence or civil penalty;

                     (b)  provide powers of:

                              (i)  arrest or detention; or

                             (ii)  entry, search or seizure;

                     (c)  impose a tax;

                     (d)  set an amount to be appropriated from the Consolidated Revenue Fund under an appropriation in this Act;

                     (e)  amend this Act.

(3)       This Act (other than subitem (2)) does not limit the rules that may be made for the purposes of subitem (1).

(17/15)