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

Schedule 2 Repeal of Customs Administration Act

Part 1 Repeals

Customs Administration Act 1985

1  The whole of the Act

Repeal the Act .

Part 2 Consequential amendments

Commerce (Trade Descriptions) Act 1905

2  Subsection 5(4)

Omit “Without limiting the generality of the power conferred on the CEO under subsection 4(4) of the Customs Administration Act 1985 , the CEO may give directions in writing under that subsection concerning”, substitute “The Comptroller-General of Customs may, by writing, give directions concerning”.

3  Paragraph 5(4)(c)

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

Horticulture Marketing and Research and Development Services Act 2000

4  Section 26A

Omit “Horticulture Australia Limited”, substitute “Horticulture Innovation Australia Limited”.

5  Section 26A

Omit “a Commonwealth agency for the purposes of section 16 of the Customs Administration Act 1985 ”, substitute “an authority of the Commonwealth for the purposes of Part 6 of the Australian Border Force Act 2015 ”.

6  Section 26A (note)

Repeal the note, substitute:

Note:          Part 6 of the Australian Border Force Act 2015 allows certain persons to disclose information to authorities of the Commonwealth in certain circumstances.

Quarantine Act 1908

7  Subsection 16AC(6)

Omit “a person to whom section 16 of the Customs Administration Act 1985 applies may, despite that section”, substitute “an entrusted person (within the meaning of the Australian Border Force Act 2015 ) may, despite Part 6 of the Australian Border Force Act 2015 ”.

Part 3 Saving provisions

8  Saving provisions

Reporting of serious misconduct

(1)       Despite the repeal of the Customs Administration Act 1985 made by this Schedule, subsections 4C(2) and (3) of that Act, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to information given, an answer given or a document produced before that commencement.

Declaration of serious misconduct

(2)       Despite the repeal of the Customs Administration Act 1985 made by this Schedule, section 15A 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 declaration that was made under subsection 15A(2) of that Act before that commencement.

Secrecy

(3)       Despite the repeal of the Customs Administration Act 1985 made by this Schedule, section 16 of that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the making of a record, or the disclosure, of protected information before that commencement.

Alcohol and drug tests

(4)       Despite the repeal of the Customs Administration Act 1985 made by this Schedule, that Act and the regulations under that Act, as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to the following:

                     (a)  a requirement given under subsection 16B(1) of that Act before that commencement;

                     (b)  a direction given under subsection 16C(1) of that Act before that commencement;

                     (c)  an incident that occurred before that commencement in relation to which paragraphs 16D(1)(a) and (b) of that Act applied or paragraph 16D(2)(a) or (b) of that Act applied;

                     (d)  a direction given under subsection 16D(3) or (5) of that Act before that commencement.

For the purposes of that Act and those regulations continuing to so apply:

                     (e)  the Customs worker concerned is taken to continue to be a Customs worker on and after that commencement; and

                      (f)  a person who was an authorised officer under that Act immediately before that commencement is taken to continue to be an authorised officer on and after that commencement.

(5)       Despite the repeal of the Customs Administration Act 1985 made by this Schedule, section 16G of that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following:

                     (a)  a certificate or other document recording the results of a test conducted under section 16B, 16C or 16D of that Act;

                     (b)  any other information, answer to a question or document relevant to conducting such a test.

For the purposes of section 16G of that Act continuing to so apply:

                     (c)  the Customs worker concerned is taken to continue to be a Customs worker on and after that commencement; and

                     (d)  a reference in paragraph 16G(c) of that Act to the CEO is taken to include a reference to the Secretary of the Department.

Interpretation

(6)       This item does not limit the operation of section 7 of the Acts Interpretation Act 1901 .