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

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2013 - 2014 - 2015

 

 

 

 

 

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

 

 

 

HOUSE OF REPRESENTATIVES

 

 

 

 

 

 

 

 

 

 

 

 

 

CUSTOMS AND OTHER LEGISLATION AMENDMENT (AUSTRALIAN BORDER FORCE) BILL 2015

 

 

 

 

 

 

 

EXPLANATORY MEMORANDUM

 

 

 

 

 

 

 

 

 

(Circulated by authority of the Minister for Immigration and Border Protection, the Honourable Peter Dutton MP)



CUSTOMS AND OTHER LEGISLATION AMENDMENT (AUSTRALIAN BORDER FORCE) BILL 2015

 

OUTLINE

 

The purpose of this Bill is to:

 

·          repeal the Customs Administration Act 1985 (Customs Administration Act) ;

·          amend the Customs Act 1901 (the Customs Act) as a consequence of the repeal of the Customs Administration Act;

·          amend other Acts associated with the administration of Customs matters; and

·          amend several other Commonwealth Acts that refer to the Australian Customs and Border Protection Service (ACBPS) and the Chief Executive Officer of Customs (the CEO);

·          amend the Migration Act 1958 to enable the Australian Border Force Commissioner (the ABF Commissioner) to exercise certain powers under that Act; and

·          make other amendments associated with the standing up of the Australian Border Force (the ABF) in the Department of Immigration and Border Protection (the Department) on 1 July 2015.

 

On 9 May 2014, the Government announced that, from 1 July 2015, the Department and the ACBPS will be integrated into a single Department of State, and that the ABF, an operational border control and enforcement entity, will be established within the Department.  The ABF is to be headed by the ABF Commissioner (a statutory officer holder) and will consist of Immigration and Border Protection workers (IBP workers) who are in the ABF, or whose services are made available to, or who are performing services for, the ABF.  The Australian Border Force Bill 2015 (the ABF Bill) will provide the legislative basis for establishing the office of the ABF Commissioner, who is to have the control of the operations of the ABF.

 

To give effect to these arrangements, this Bill will repeal the Customs Administration Act, thereby abolishing both the ACBPS as a separate statutory authority and the statutory office of the CEO.  These changes will take effect from 1 July 2015, the same date that the ABF Bill commences (see Schedule 2).

 

The ABF Bill provides that the person appointed as the ABF Commissioner shall also be the Comptroller-General of Customs and, in that capacity, will have responsibility for the enforcement of customs laws and collection of border-related revenue.  The Bill amends the Customs Act to confer on the Comptroller-General of Customs all of the powers and functions that are currently conferred on the CEO (see Schedule 1).

 

The Bill also confers on the Comptroller-General of Customs all of the powers and functions related to customs functions that are currently conferred on the CEO under other Commonwealth Acts (see Schedule 6).

 

The Bill also contains amendments to the Work Health and Safety Act 2011 (the WH&S Act), which acknowledges that IBP workers in the ABF will be engaged in a number of unique and high risk environments that are necessary for Australia’s national security and defence.  It is critical these workers can be confident they are able to perform the tasks required of them professionally and diligently in what can be demanding environments. In this regard, the Bill extends the assurance currently provided to Australia’s National Security agencies and Defence Force to the ABF and its workers, to explicitly enable them to address the unique issues that arise in relation to Australia’s border protection.

 

These amendments to the WH&S Act allow the ABF Commissioner, in consultation with the Secretary of the Immigration and Border Protection Department and with the agreement of the Minister for Employment, to declare by instrument in writing that specified provisions of the WH&S Act do not apply, or apply subject to modifications set out in the declaration.  The ABF Commissioner is also required to consult with the Director-General of Security prior to seeking the Minister’s approval for a declaration to be made under section 12C, or with the Chief of the Defence Force prior to seeking the Minister’s approval for a declaration to be made under section 12D.  This consultation provision ensures the Minister may have the benefit of their expert opinion when considering a declaration.  Enabling the ABF Commissioner to make a declaration that restricts or modifies the application of specified provisions of the WH&S Act provides further certainty of the existing intent of the WH&S Act that a person is not required to take, or refrain from taking, any action under the Act that would be, or could reasonably be expected to be, prejudicial to Australia’s national security or defence.

 

The Bill also contains amendments to the Law Enforcement Integrity Commissioner Act 2006 , the Crimes Act 1914 , the Surveillance Devices Act 2004 , the Telecommunications (Interception and Access) Act 1979 and the Australian Crime Commission Act 2002 to give effect to the extension of the jurisdiction of the Australian Commission for Law Enforcement Integrity (the ACLEI) to the integrated Department.

 

The special role the Department plays as an immigration and border protection agency with responsibilities for authorising the movement of travellers and goods across Australia’s border, managing the stay in Australia and in some cases departure from Australia of non-citizens is valuable and therefore attracts a heightened integrity risk.  While some of these functions will be exclusively undertaken by the part of the Department known as the ABF, others will be delivered or supported by other parts of the Department.

 

Additionally, immigration and border protection workers will, where relevant to the performance of their duties, have access to sensitive information and engage in close working relationships with other law enforcement agencies.  The consequences of any corruption in the Department, including in the part of the department known as the ABF, would pose a significant threat to the integrity of the border and Australia’s national security.

 

It is therefore important to ensure the ACLEI’s unhindered ability to investigate suspected law enforcement related corrupt activity across the Department regardless of the role, location or job title of an individual officer.  Provisions in this Schedule will extend ACLEI’s jurisdiction to the Department, which is considered to be an important step in establishing a robust professional integrity system.

 

The Bill also amends the Customs Act and other Commonwealth Acts to update terminology to reflect the abolition of the ACBPS.

 

FINANCIAL IMPACT STATEMENT

 

The financial impact of the amendments in this Bill is low.



Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011

 

 

CUSTOMS AND OTHER LEGISLATION AMENDMENT (AUSTRALIAN BORDER FORCE) BILL 2015

 

 

This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011 .

 

The Customs and Other Legislation Amendment (Australian Border Force) Bill 2015 will repeal the Customs Administration Act 1985 (Customs Administration Act) and make amendments to the Law Enforcement Integrity Commissioner Act 2006 (LEIC Act), the Work, Health and Safety Act 2011 (WH&S Act) and technical amendments to a range of other Commonwealth Acts that reference the Australian Customs and Border Protection Service (ACBPS), the Chief Executive Officer of Customs (the CEO) and “Customs”.  The purpose of these amendments is to reflect the new organisational arrangements that follow the Government decision to integrate the ACBPS and the Department of Immigration and Border Protection (the Department) into a single Department of State, including the framework for the Australian Border Force (ABF), a single frontline operational border control and enforcement entity within the Department.

 

A separate Bill, the Australian Border Force Bill (ABF Bill) will also be introduced to provide the legislative framework for the ABF within the Department from 1 July 2015.  Since the Customs and Other Legislation Amendment (Australian Border Force) Bill 2015 repeals the Customs Administration Act, which applies certain measures to workers in the ACBPS, the ABF Bill will establish the office of the ABF Commissioner and apply relevant measures for the management of the workforce in the integrated department.  The human rights implications of those measures are addressed in the Statement of Compatibility for the ABF Bill.

 

Overview of the Bill

 

The following measures in the Bill engage human rights:

 

·          Amend the WH&S Act - provisions under section 12C “act not to prejudice national security” to enable the ABF Commissioner, in consultation with the Secretary of the Department and Director-General of Security and with approval of the Minister responsible for the WH&S Act, to make a declaration that specified provisions of the WH&S Act do not apply, or apply subject to modification in relation to an ABF worker.

·          Amend the WH&S Act - provisions under section 12D “act not to prejudice Australia’s defence” to enable the ABF Commissioner, in consultation with the Secretary, the Chief of the Defence Force and with approval of the Minister responsible for the WH&S Act, to make a declaration that provisions of the WH&S Act do not apply, or apply subject to modification in regards to an ABF worker in relation to specified operations or a specified operation of the ABF, or a specified ABF worker, or ABF workers included in a specified class of such workers.

·          Prescribe the Department as law enforcement agency under the LEIC Act, allowing the Australian Commission for Law Enforcement Integrity (the ACLEI) to investigate suspected law enforcement related corrupt activity on a whole of agency basis.

·          The human rights implications of these measures are outlined below.  The remainder of the measures in this Bill are technical in nature and do not engage human rights.

 

Human rights implications

 

Amendments to the WH&S Act

 

The WH&S Act imposes duties on persons conducting a business or undertaking, and workers, to protect the health and safety of themselves and others.  The thresholds imposed by these provisions are that workers should exercise reasonable care.

 

Section 12C of the WH&S Act already provides that nothing in that Act requires or permits a person to take any action or refrain from taking any action that would be, or could reasonably be expected to be prejudicial to national security.

 

Similarly, section 12D of the WH&S Act already provides that nothing in that Act requires or permits a person to take any action or refrain from taking any action that would be, or could reasonably be expected to be, prejudicial to Australia’s defence.

 

These are long standing components of work health and safety obligations in Australia, and identical provision existed in the predecessor to the WH&S Act, the Occupational Health and Safety Act 1991 .

 

Currently sections 12C and 12D of the WH&S Act do not provide that the ABF Commissioner is able to make a declaration that specified provisions of the WH&S Act do not apply, or apply subject to modifications or adaptations set out in the declaration, in relation to persons carrying out work for him or her.  If this were not to be rectified, it could result in legal uncertainty around the application of sections 12C and 12D and the status of duties and obligations that apply to the ABF workers who will work under the command and control of the ABF Commissioner, once that role is established by the ABF Bill.

 

Some ABF workers will be required to be deployed in a number of unique and high risk environments that are necessary for Australia’s national security and defence.  Given this, it is critical these workers can be confident they are able to perform the tasks required of them in the protection of Australia’s interests.  This includes, for example, work undertaken in the maritime security domain, where ABF workers may, at times, be required to exercise time-critical judgements that potentially place at heightened risk their own safety or the safety of others in order to rescue people from a sinking vessel or the water or board a suspected illegal entry vessel that appears to have prohibited cargo on-board.  These types of activities will always be conducted by trained officers and with a primary regard to the safety of ABF workers and others in the work environment.  However, there may be circumstances in which the actions required to be taken to maintain Australia’s national security and/or Australia’s defence are incompatible with full compliance with one or more of the duties and obligations under the WH&S Act.

 

The amendments to the WH&S Act allow the ABF Commissioner, in consultation with the Secretary of the Immigration and Border Protection Department and with the agreement of the Minister for Employment, to declare by instrument in writing that specified provisions of the WH&S Act do not apply, or apply subject to modifications set out in the declaration.  The ABF Commissioner is also required to consult with the Director-General of Security prior to seeking the Minister’s approval for a declaration to be made under section 12C, or with the Chief of the Defence Force prior to seeking the Minister’s approval for a declaration to be made under section 12D.

 

These amendments will enable the ABF Commissioner to provide certainty about the way the WH&S Act is to apply in such circumstances. In so doing, the ABF Commissioner will be able to extend to the ABF workforce the same assurance currently provided to certain persons by the Director-General of Security and the Chief of the Defence Force.

 

This amendment also recognises the broader duties and objectives within the WH&S Act to protect workers and other persons against harm to their health, safety and welfare through the elimination or minimisation of risks arising from work.

 

The amendments to the WH&S Act contained in the Bill engage Article 7 of the International Covenant on Economic, Social and Cultural Rights (ICESCR).  Article 7 of the ICESCR provides that State Parties recognise the right of everyone to the enjoyment of just and favourable conditions at work.  This right encompasses a number of elements, including safe and healthy work conditions (see Article 7(b)).

 

While on its face these amendments may appear to restrict the right to safe and healthy work conditions, the amendments are only intended to provide legal clarification to the operation of existing provisions of the WH&S Act to people who will perform work for the ABF Commissioner.

 

Any potential for these amendments to engage the ICESCR Article 7(b) right to safe and healthy work conditions are considered to be reasonable, necessary and proportionate to the inherent risks associated with measures that are necessary for Australia’s national security and Australia’s Defence.  In making a declaration under section 12C or 12D, the ABF Commissioner must first obtain the approval of the Minister for Employment and there remains an explicit obligation on the Commissioner to take into account the need to promote the objects of this Act to the greatest extent consistent with the maintenance of Australia’s national security and Australia’s defence respectively.  These requirements mean that a declaration could only be made and be valid where the content of such a declaration is consistent with these requirements in the particular operating context.

 

Amendments to the LEIC Act

 

Under the LEIC Act, the ACBPS is currently prescribed as a law enforcement agency.  This Bill amends the LEIC Act to extend the jurisdiction of the Law Enforcement Integrity Commissioner to DIBP on a whole of agency basis.  This would ensure the Integrity Commissioner’s unhindered ability to investigate suspected law enforcement related corrupt activity across the Department regardless of the role, location or job title of an individual officer.

 

The broad objectives of the LEIC Act are to strengthen the integrity of prescribed Commonwealth law enforcement agencies and to enable the prosecution of corrupt officials and their criminal counterparts.  To this end, the Law Enforcement Integrity Commissioner and staff at the ACLEI are empowered to detect and investigate corrupt conduct by using a combination of coercive information gathering and law enforcement powers.

 

Article 17 of the ICCPR prohibits unlawful or arbitrary interferences with a person's privacy, family, home and correspondence and unlawful attacks on their honour or reputation.  The right to privacy may be subject to permissible limitations.  In order for an interference with the right to privacy to be permissible, the interference must be authorised by law, be for a reason consistent with the ICCPR and be reasonable in the particular circumstances.  Reasonableness, in this context, incorporates notions of proportionality, appropriateness and necessity.

 

This measure engages the right to privacy because the LEIC Act provides that employees of agencies under ACLEI’s jurisdiction, or other individuals with information that is relevant to corruption, can be required to provide information to ACLEI or to answer questions.  A failure to provide the information or answer a question is an offence.

 

As such, this measure impacts the right to privacy of employees as well as other individuals who may have information relevant to corruption matters.

 

Amendments to the LEIC Act are necessary owing to the special role the Department plays as an immigration and border protection agency with responsibilities for authorising the movement of travellers and goods across Australia’s border.  Managing the entry into, stay in Australia, and in some cases departure from Australia of non-citizens places officers in a position of trust and therefore attracts a heightened integrity risk.  While some of these functions will be exclusively undertaken by the ABF, others will be delivered or supported by other parts of the Department.

 

IBP workers will, where relevant to the performance of their duties, have access to sensitive information and engage in close working relationships with other law enforcement agencies.  The consequences of any corruption in the Department, including the part of the Department known as the ABF, would pose a significant threat to the integrity of the border and Australia’s national security.  The consequence of any corruption in DIBP, including the ABF, would therefore be very significant.

 

It is therefore important to ensure the ACLEI’s unhindered ability to investigate suspected law enforcement related corrupt activity across DIBP regardless of the role, location or job title of an individual officer is necessary as this would include situations where the involvement of employees in non-operational roles is suspected.

 

The ability to require an individual to provide information or answer questions is limited to situations where it will be relevant to an investigation of a corruption issue or the conduct of a public inquiry into corruption.  The LEIC Act also prescribes how information that is provided by individuals to ACLEI is able to be used and disclosed.  Disclosure is generally only permitted for the purposes of investigating a corruption issue or other purposes connected with the exercise of the functions of the Integrity Commissioner.

 

A person’s privacy is also protected by the provision of a ‘use’ immunity in relation to self-incriminatory evidence given by them at a hearing.  This means that self-incriminatory evidence is not admissible in evidence against the person in criminal proceedings.  The immunity protection does not apply to a small number of offences including providing false and misleading information or obstruction of a Commonwealth official.

 

As such, although the right to privacy is limited by this measure, it is appropriate and reasonable in the circumstances and includes protections to limit information from inappropriate use or disclosure.  The extension of ACLEI’s jurisdiction to the Department is considered an important step in establishing a robust professional integrity system.

 

Conclusion

 

This Bill is compatible with human rights because it is consistent with Australia’s human rights obligations and to the extent that it may also limit human rights, those limitations are reasonable, necessary and proportionate.



CUSTOMS AND OTHER LEGISLATION AMENDMENT (AUSTRALIAN BORDER FORCE) BILL 2015

 

NOTES ON CLAUSES

 

Background

 

1.         This Bill proposes to make consequential, contingent and other amendments to various laws of the Commonwealth.  These amendments support the announcement of the Government on 9 May 2014 to abolish the Australian Customs and Border Protection Service and merge its functions with those administered by the Department of Immigration and Border Protection, abolish the statutory office of the Chief Executive Officer of Customs (the CEO), and provide for the functions and powers of the Australian Border Force Commissioner (including in his or her capacity as the Comptroller-General of Customs).

 

2.         Further details relating to the amendments in this Bill are set out in the Schedules below:

 

·          Schedule 1 - Amendments of Customs Act 1901 ;

·          Schedule 2 - Repeal of Customs Administration Act 1985 ;

·          Schedule 3 - Amendment of the Migration Act 1958 ;

·          Schedule 4 - Amendment of Work Health and Safety Act 2011 ;

·          Schedule 5 - Amendments of Acts referring to the Customs;

·          Schedule 6 - Amendments of Acts referring to the CEO;

·          Schedule 7 - Amendments of Acts referring to the Comptroller-General of Customs;

·          Schedule 8 - Contingent amendments; and

·          Schedule 9 - Other application and transitional provisions.

 

GLOSSARY

 

Acts Interpretation Act                        Acts Interpretation Act 1901

ABF Act                                             Australian Border Force Act 2015

ABF Commissioner                            Australian Border Force Commissioner

ABF                                                    Australian Border Force

ABF worker                                        Australian Border Force worker

ACBPS                                               Australian Customs and Border Protection Service

AFP                                                     Australian Federal Police

AMSA                                                            Australian Maritime Safety Authority

AMLCTF Act                                     Anti-Money Laundering and Counter-Terrorism Financing Act 2006

Australian Citizenship Act                  Australian Citizenship Act 2007

ACC Act                                             Australian Crime Commission Act 2002

ACC                                                    Australian Crime Commission

ACLEI                                                            Australian Commission for Law Enforcement Integrity

APC Act                                             Australian Postal Corporation Act 1989

Biosecurity Act                                   Biosecurity Act 2015

CEO                                                    Chief Executive Office of Customs

Crimes Act                                          Crimes Act 1914

Crimes Currency Act                          Crimes (Currency) Act 1981

Criminal Code                                     Criminal Code Act 1995

Customs Administration Act               Customs Administration Act 1985

Customs Act                                        Customs Act 1901

Drug and Alcohol Testing                   Customs (Drug and Alcohol Testing) Regulation 2013

Regulation

Data Retention Amendment Act         Telecommunication (Interception and Access) Amendment (Data Retention) Act 2015

Department                                          Department of Immigration and Border Protection

Fair Work Act                                     Fair Work Act 2009

Foreign Fighters Amendment Act       Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014

IBP worker                                          Immigration and Border Protection worker

IBP Secretary                                      Immigration and Border Protection Secretary

Legislative Instruments Act                 Legislative Instruments Act 2003

Migration Act                                      Migration Act 1958

Navigation Act                                    Navigation Act 2012

Privacy Act                                         Privacy Act 1988

Public Service Act                               Public Service Act 1999

Secretary                                             Secretary of the Department

TIA Act                                               Telecommunications (Interception and Access) Act 1979

WH&S Act                                         Work Health and Safety Act 2011

 

 

Section 1 - Short title

 

1.         This section is a formal provision specifying the short title of the Bill, which when enacted is to be cited as the Customs and Other Legislation Amendment (Australian Border Force) Act 2015 .

 

Section 2 - Commencement

 

2.         This section provides for the commencement of the Bill.  Subsection 2(1) provides for each provision of this Bill specified in column 1 of the table, when enacted, commences or is taken to have commenced, in accordance with column 2 of the table, and for any other statement in column 2 to have effect according to its terms.

 

3.         Table item 1 provides that sections 1 to 3 (and anything in this Bill not elsewhere covered by the table) will commence on the day the Bill receives the Royal Assent.

 

4.         Table item 2 provides that Schedules 1 to 7 of the Bill will commence at the same time as the Australian Border Force Act 2015 (the ABF Act).  The ABF Act commences on 1 July 2015.

 

5.         The commencement of items 1 to 3 of Schedule 8 of the Bill is dependent on the commencement of section 3 of the Biosecurity Act 2015 (the Biosecurity Act) and is to commence on the later of (see table item 3 under subclause 2(1)):

 

·          immediately after the commencement of the ABF Act; and

·          immediately after the commencement of section 3 of the Biosecurity Act.

 

6.         The commencement of items 4 to 7 of Schedule 8 of the Bill is dependent on the commencement of amendments in Schedule 1 to the Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Act 2015 (PSOM Act) and is to commence on the later of (see table item 4 under subclause 2(1)):

 

·          the start of 1 July 2015; and

·          immediately after the commencement of item 7 of Schedule 1 to PSOM Act.

 

7.         Table item 5 provides for items 8 and 9 of Schedule 8 of the Bill to commence immediately after the commencement of item 13 of Schedule 6 to the Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 (Foreign Fighters Amendment Act).  That item of the Foreign Fighters Amendment Act commences on 1 July 2015.

 

8.         he commencement of item 10 to 13 of Schedule 8 of the Bill is dependent on the commencement of amendments in Schedule 2 to the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (Data Retention Amendment Act) and is to commence on the later of (see table item 6 under subclause 2(1)):

 

·          the start of 1 July 2015; and

·          immediately after the commencement of Schedule 2 to the Data Retention Amendment Act.

 

9.         Table item 7 provides that Schedule 9 of the Bill is to commence at the same time as the ABF Act.  The ABF Act is to commence on 1 July 2015.

 

10.     The note under subsection 2(1) explains that the table only relates to the provisions of this Bill as originally enacted and will not be amended to deal with any later amendments to the Bill, when enacted.

 

11.     Subsection 2(2) provides that any information in column 3 of the table is not part of this Bill but may be inserted in this column, or information in it may be edited, in any published version of this Bill, to assist readers.

 

Section 3 - Schedules

 

12.     This section provides that legislation that is specified in a Schedule to this Bill is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Bill has effect according to its terms.

Schedule 1 - Amendments of Customs Act

 

3.         This Schedule provides for consequential amendments to the Customs Act resulting from the repeal of the Customs Administration Act and the enactment of the ABF Act.

 

Part 1 - Amendments

 

4.         This Part amends the Customs Act to omit references to “Customs”, “CEO” and related references, and substitute those terms with appropriate equivalent provisions.  The substituted references will reflect the abolition of the ACBPS, the statutory office of the CEO, and the establishment of the office of the Comptroller-General of Customs by the ABF Act.

 

5.         Additionally, this Part also makes other minor technical amendments to the Customs Act.

 

Customs Act 1901

 

Item 1 - Subsection 4(1)

 

6.         This item inserts the definition of “Australian Border Force Commissioner” into subsection 4(1) of the Customs Act.

 

7.         The definition of “Australian Border Force Commissioner” has the same meaning as the ABF Act and means the Commissioner of the ABF (see subsection 4(1) of the ABF Act).  This term is referred to in paragraph (b) of the new definition of “officer of Customs” (see item 14 below).

 

8.         By operation of clause 11(3) of the ABF Act, a person who is appointed as the ABF Commissioner is also the Comptroller-General of Customs and this capacity is to be conferred with many related powers under laws of the Commonwealth.

 

Item 2 - Subsection 4(1) (definition of authorised officer )

 

9.         This item repeals the current definition of “authorised officer” in subsection 4(1) of the Customs Act and substitutes a new definition.  The new definition  in relation to a provision of the Customs Act, means as an officer of Customs authorised under new subclause 4(1AA) to exercise the powers and functions or perform the functions of an authorised officer under that provision.  A new definition of “officer of Customs” is inserted by item 14 below.

 

Item 3 - Subsection 4(1) (definition of CEO )

 

10.     This item repeals the definition of “CEO” in subsection 4(1) of the Customs Act.

 

11.     The Customs Administration Act, which establishes the statutory office of the CEO, will be repealed by Schedule 2 below.  As a result, the office of the CEO will be abolished.  This amendment repeals the redundant definition.

 

12.     All the references to “CEO” referred to throughout the Customs Act will also become redundant and are amended by items mentioned in “Items substituting the reference to CEO with Comptroller-General of Customs” below, which will omit references to the CEO and substitute with “Comptroller-General of Customs”.  The definition of “Comptroller-General of Customs” is inserted by item 7 below.

 

Items relating to the Anti-dumping Commissioner

 

13.     Items 5, 6 and 820, collectively, repeal the definitions of “Commissioner” and “Commission staff member” in subsection 4(1) of the Customs Act and insert identical definitions into subsection 269T(1) of the Customs Act.

 

14.     “Commissioner” is defined to mean the Commissioner of the Anti-Dumping Commission continued in existence under section 269SMB.

 

15.     “Commission staff member” is defined to mean a member of the staff assisting the Commissioner as mentioned in subsection 269SMQ(1).

 

16.     Items 80, 90 and 827 to835 amend provisions of the Customs Act in Table 1 , to clarify that references to the Commissioner in those provisions mean the Commissioner within the meaning of Part XVB of the Customs Act.  Part XVB sets out the anti-dumping and countervailing regimes.

 

Table 1 - Provisions amended

 

42(1B)(a)

45(3A)(a)(ii)

45(3A)(b)(ii)

269ZZYD(1)(a)

269ZZYE(1)

269ZZYE(2)

269ZZYE(3)

269ZZYF(1)

269ZZYG(2)

269ZZYG(3)

269ZZYG(6)(a)

269ZZYG(6)(b)

269ZZYH(1)

 

 

 

Item 7 - Subsection 4(1)

 

17.     This item inserts the definition of “Comptroller-General of Customs” into subsection 4(1) of the Customs Act.

 

18.      “Comptroller-General of Customs” is defined as the person who is the Comptroller-General of Customs in accordance with subsection 11(3) or 14(2) of the ABF Act.  The general functions and powers of the Comptroller-General of Customs are set out in item 26 below.

 

Items 10 and 11 - Subsection 4(1) (definition of officer )

 

19.     Item 10 repeals the definition of “Officer” in subsection 4(1) of the Customs Act.  A similar definition is to be inserted into subsection 4(1) of the Customs Act by item 11 and is defined to mean an “officer of Customs”.  These are technical amendment to ensure that the terminology for “officer” and “officer of Customs” are consistent.  The new definition of “officer of Customs” is inserted by item 14 below.

 

Items 13 and 14 - Subsection 4(1) (definition of Officer of Customs ); and Subsection 4(1)

 

20.     Item 13 repeals the current definition of “Officer of Customs” in subsection 4(1) of the Customs Act.  A new definition of “officer of Customs” is inserted into subsection 4(1) by item 14, and means:

 

·          the Secretary; or

·          the ABF Commissioner (including in his or her capacity as the Comptroller-General of Customs); or

·          an APS employee in the Department; or

·          a person authorised under new subclause (1B) to exercise all the powers and perform all the functions of an officer of Customs; or

·          a person who from time to time holds, occupies, or performs the duties of an office or position (whether or not in or for the Commonwealth) specified under new subclause (1C), even if the office or position does not come into existence until after it is so specified; or

·          in relation to a provision of a Customs Act:

o    a person authorised under new subclause (1D) to exercise the powers or perform the functions of an officer of Customs for the purposes of that provision; or

o    a person who from time to time holds, occupies, or performs the duties of an office or position (whether or not in or for the Commonwealth) specified under new subclause (1E) in relation to that provision, even if the office or position does not come into existence until after it is so specified.

 

21.     From 1 July 2015, the ACBPS will be abolished and APS employees of the ACBPS will also become employees of the Department.  The new definition recognises this and recognises the combined workforce of the Department at paragraph (c).

 

Item 18 - After subsection 4(1)

 

22.     This item inserts a new clause (1AA) into section 4 of the Customs Act, and enables the Comptroller-General of Customs, by writing, to authorise an “officer of Customs” to exercise the powers or perform the functions of an authorised officer under a specified provision of the Customs Act.

 

23.     This item vests a similar power to that exercised by the CEO in the Comptroller-General of Customs and will allow the Comptroller-General to authorise an officer of Customs to exercise a power or perform a function for the purpose of a provision in the Customs Act.  This item supports the new definition of “authorised officer” in section 4 of the Customs Act.

 

Item 21 - Before subsection 4(2)

 

24.     This item inserts new subclauses (1B), (1C), (1D) and (1E) into section 4 of the Customs Act.

 

25.     New subclause (1B) provides that, for the purposes of a paragraph (d) of the definition of officer of Customs in subsection 4(1), the Comptroller-General of Customs may, by writing, authorise a person to exercise all the powers and perform all the functions of an officer of Customs.

 

26.     New subclause (1C) provides that, for the purposes of paragraph (e) of the definition of officer of Customs in subsection 4(1), the Comptroller-General of Customs may, by writing, specify an office or position (whether or not in or for the Commonwealth).

 

27.     New subclause (1D) provides that, for the purposes of subparagraph (f)(i) of the definition of officer of Customs in subsection 4(1), the Comptroller-General of Customs may, by writing, authorise a person to exercise the powers or perform the functions of an officer of Customs for the purposes of a specified provision of a Customs Act.

 

28.     New subclause (1E) provides that, for the purposes of subparagraph (f)(ii) of the definition of officer of Customs in subsection 4(1), the Comptroller-General of Customs may, by writing, specify an office or position (whether or not in or for the Commonwealth) in relation to a specified provision of a Customs Act.

 

29.     These new clauses vest powers, similar to those exercised by the CEO, in the Comptroller-General of Customs to appoint people as “officers of Customs”.

 

Item 26 - Section 7

 

30.     This item repeals section 7 of the Customs Act and substitutes a new section.  New section 7 provides for the Comptroller-General of Customs to have the general administration of Customs Act.

 

31.     This item is necessary to establish the Comptroller-General of Customs as the official who is to be responsible for the administration of the Customs Act under the new single integrated Department.  Amendments in items mentioned below under “Items substituting the references to CEO with Comptroller-General of Customs” will allow the Comptroller-General of Customs to exercise powers or perform functions of customs that are currently performed or exercised by the CEO.

 

Item 28 - Subsection 8(1)

 

32.     This item repeals subsection 8(1) of the Customs Act and substitutes a new subsection.  New subsection 8(1) provides, for the purpose of the Customs Act, that a reference to the Collector, or to a Collector, is a reference to:

 

·          the Comptroller-General of Customs; or

·          any officer doing duty in the matter in relation to which the expression is used.

 

33.     This amendment specifies those persons who are Collectors under the Customs Act.  The amendments also remove the redundant reference to “CEO”, which is repealed by item 3 above.

 

Item 29 - Section 8A

 

34.     This item omits the reference to “Customs” in section 8A of the Customs Act and substitutes with “this Act”.

 

35.     The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.

 

Items relating to the customs seal and customs flag

 

36.     Item 30 repeals the heading of section 13 of the Customs Act and substitutes a new heading; being “Customs seal”.

 

37.     Item 31 repeals subsection 13(1) of the Customs Act and substitutes a new subsection.  New subsection 13(1) provides that there is to be a seal, called the customs seal, the design of which must be determined by the Comptroller-General of Customs.

 

38.     Item 32 repeals paragraph 13(2)(b) of the Customs Act and substitutes a new subparagraph.  New subparagraph 13(2)(b) provides that the design of the seal as determined by the Comptroller-General of Customs shall include the words “Australia - Comptroller-General of Customs”.  This will omit the current reference to “Customs and Border Protection” on the seal.

 

39.     Items 33 and 35 omit the words “Customs Seal shall” in subsections 13(3) and (4) of the Customs Act and substitute them with “customs seal must”.

 

40.     Items 34 and 36 omit references to “CEO” in subsections 13(3) and (4) of the Customs Act and substitute with “Comptroller-General of Customs”.

 

41.     Item 37 repeals subsections 13(5) and (6) of the Customs Act.  These subsections currently set out the requirements in relation to the Customs stamp.  However, as there is no formal Customs stamp, these subsections are redundant and are repealed.

 

42.     As a consequence of the repeal of the Customs stamp, item 38 omits the reference to “Customs Seal, or of the mark of a Customs stamp,” in subsection 13(7) of the Customs Act and substitutes with “customs seal”.  Item 39 omits the reference to “or mark, as the case may be,” in subsection 13(7) of the Customs Act.

 

43.     Item 40 repeals the heading of section 14 of the Customs Act and substitutes a new heading; being “Flag”.  Item 41 omits the reference to “Customs” in section 14 of the Customs Act and substitutes with “Australian Border Force (within the meaning of the Australian Border Force Act 2015 )”.

 

44.     The references to “Customs” in this context  are references to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.

 

Item 43 - Section 17

 

45.     This item repeals section 17 of the Customs Act, which concerns the appointment of sufferance wharfs and provides that the CEO may by Gazette notice; appoint sufferance wharfs in any port.  Sufferance wharfs are a redundant concept and are removed.

 

Items 45 to 47 - Subsections 20(1), (2) and (3); paragraph 20(4)(b); and paragraph 20(5)(a)

 

46.     These items omit references to “Customs officers” in subsections 20(1), (2) and (3), and paragraphs 20(4)(b) and (5)(a) of the Customs Act and substitute a new reference to “officers of Customs”.  These are technical amendments to ensure that references to “officers of Customs” are consistent in the Customs Act.

 

Item 49 - Section 27

 

47.     This item repeals section 27 of the Customs Act, which concerns State inspection laws and provides that, if the Governor-General shall so direct by proclamation any State Act relating to the inspection or testing of imported goods may be executed and enforced by the Customs.  This section is now redundant and is repealed.

 

Items 85, 87 and 91 - Section 44 (heading); section 45 (heading); and section 46 (heading)

 

48.     Items 85 and 87 repeal the references to “bond” in the heading of sections 44 and 45 of the Customs Act and substitute with “securities”.

 

49.     Item 91 repeals the reference to “sureties” in the heading of section 46 of the Customs Act and substitutes with “securities”.

 

50.     These are technical amendments to ensure that the wording in these headings is consistent with other provisions in the Customs Act.  For example, the heading of amended section 47 of the Customs Act (with the omission of “Customs”) reads “Form of security”.

 

Item 97 - At the end of paragraph 48(2)(a)

 

51.     This item is a technical amendment and inserts the word “or” after paragraph 48(2)(a) of the Customs Act to ensure consistency in subsection 48(2).

 

Item 126 - Subsection 64ABAA(7)

 

52.     This item is a technical amendment to reflect the amendment made by item 3 above and omits the redundant reference to “CEO” in subsection 64ABAA(7) of the Customs Act.

 

Items 131 and 136 - Subsection 64ACA(1) (note 1); and section 64ACA(11)

 

53.     Item 136 repeals subsection 64ACA(11) of the Customs Act, which provides that, as soon as practicable after information is reported under this section, Customs must provide the information to the Department administered by the Minister who administers the Migration Act 1958 .

 

54.     From 1 July 2015, the ACBPS is to be abolished and its functions will be incorporated into the Department.  As a consequence, subsection 64ACA(11) is redundant and is repealed.

 

55.     Consequently, the reference to “(and the obligation in subsection (11))” in note 1 under subsection 64ACA(1) of the Customs Act is also redundant and is omitted (see item 131 of Part 1 of this Schedule).

 

56.     Item 132 will omits the redundant reference “to the Migration Department” in note 2 under subsection 64ACA(1) of the Customs Act and substitutes with “under the Migration Act 1958 ”.

 

Item 137 - Subsection 64ACA(12)

 

57.     This item repeals subsection 64ACA(12) of the Customs Act and substitutes a new subsection.  New subsection 64ACA(12) provides that information obtained by the Department under this section is taken to be obtained by the Department for the purposes of the administration of this Act, the Migration Act 1958 , and any other law of the Commonwealth prescribed by regulations for the purposes of this subsection.

 

58.     This amendment is a consequence of the abolition of the ACBPS and the integration of its functions into the Department.

 

Items 139 and 143 - Subsection 64ACB(1) (note 1) and section 64ACB(8)

 

59.     Item 143 repeals subsection 64ACB(8) of the Customs Act, which provides that, as soon as practicable after information is reported under this section, Customs must provide the information to the Department administered by the Minister who administers the Migration Act.

 

60.     As noted above, the ACBPS will be abolished and its functions will be incorporated into the Department.  As a consequence, subsection 64ACB(8) is redundant and is repealed.

 

61.     Consequently, the reference to “(and the obligation is in subsection (8))” under subsection 64ACB(1) of the Customs Act is also redundant and is omitted (see item 139 of Part 1 of this Schedule).

 

62.     Item 140 will omits the redundant reference “to the Migration Department” in note 2 under subsection 64ACB(1) of the Customs Act and substitutes with “under the Migration Act 1958 ”.

 

Item 144 - Subsection 64ACB(9)

 

63.     This item repeals subsection 64ACB(9) of the Customs Act and substitutes a new subsection.  New subsection 64ACB(9) provides that information obtained by the Department under this section is taken to be obtained by the Department for the purposes of the administration of this Act, the Migration Act, and any other law of the Commonwealth prescribed by regulations for the purposes of this subsection.

 

64.     This amendment is a consequence of the abolition of the ACBPS and the integration of its functions into the Department

 

Item 145 - Section 64ACC (heading)

 

65.     Similar to the amendments made by item 136 above, this amendment reflects the abolition of the ACBPS and incorporates its functions into the Department.  This amendment removes the redundant concept relating to the transfer of information to the Department in the heading of section 64ACC and provides a new heading clarifying that information does not have to be reported if it has already been reported under the Migration Act.

 

Items 153 and 154 - Subsection 65(1) and section 65(2)

 

66.     Item 153 omits the reference to “at the Customs house nearest to the place where the ship was lost or wrecked or at the chief Customs house of the State where the ship was lost or wrecked” in subsection 65(1) of the Customs Act.

 

67.     Item 154 omits the reference to “, as far as it may be possible for him or her to do so, at the Customs House nearest to the place where the aircraft was lost or wrecked”, substitutes “so far as it may be possible for him or her to do so” in subsection 65(2) of the Customs Act.

 

68.     Section 65 of the Customs Act concerns an offence relating to reporting of wrecked ships or aircrafts to Customs and relevantly provides that, when any ship is lost or wrecked upon the coast the master or owner shall without any unnecessary delay make report of the ship and cargo by delivering to the Collector a Manifest so far as it may be possible for him or her to do so at the Customs house nearest to the place where the ship was lost or wrecked or at the chief Customs house of the State where the ship was lost or wrecked.

 

69.     Currently, the reference to “Customs house” in section 65 of the Customs Act relates to an office of the ACBPS.  The ACBPS will be abolished from 1 July 2015 and its functions are to be incorporate into the Department.  These amendments will ensure that relevant Manifests are provided to the Collector.

 

Item 238 - Subsection 71A(3)

 

70.     This item repeals subsection 71A(3) of the Customs Act and substitutes a new subsection.  New subsection 71A(3) provides that a documentary import declaration must be communicated to the Department:

 

·          by giving or sending it to an officer doing duty in relation to import declarations at the place at which the goods are to be delivered for home consumption; or

·          by leaving it at a place:

o    that has been allocated for lodgement of import declarations by notice published on the Department’s website; and

o    that is where the goods are to be delivered for home consumption.

 

71.     The existing subsection requires that import declarations be communicated to Customs, including by leaving it in a Customs Office.  The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.

 

72.     This amendment will require import declarations be communicated to the Department, including by leaving it at a place published on the Department’s website.

 

Items 243 and 257 - Paragraph 71C(2)(a); and paragraph 71DJ(2)(a)

 

73.     These items omit the reference to “in a Customs office that has been allocated for collection of such advices” in paragraphs 71C(2)(a) and 71DJ(2)(a) of the Customs Act and substitute with “that has been allocated for collection of such advices by notice published on the Department’s website”.

 

74.     The existing paragraphs require that the import declaration and warehouse declaration advices be made available for collection from a Customs office.  The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.  These amendment will omit the redundant reference to “Customs” and replace it with the more appropriate reference that refers to the “Department’s website”.

 

75.     These amendments will require that the Department must provide for the advices to be collected at a specified location.

 

Item 253 - Subsection 71DH(3)

 

76.     This item repeals subsection 71DH(3) of the Customs Act and substitutes a new subsection.  New subsection 71DH(3) provides that a documentary warehouse declaration must be communicated to the Department:

 

·          by giving or sending it to an officer doing duty in relation to warehouse declarations at the place at which the goods are to be delivered for warehousing; or

·          by leaving it at a place:

o    that has been allocated for lodgement of warehouse declarations by notice published on the Department’s website ; and

o    that is where the goods are to be delivered for warehousing.

 

77.     The existing subsection requires that the warehouse declaration be communicated to Customs, including by leaving it in a Customs Office.  The reference to “Customs” in this is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.

 

78.     This amendment will require the warehouse declaration to be communicated to the Department, including by leaving it at a place published on the Department’s website.

 

Items 295, 296 and 638 - Subsection 77F(1) (definition of International Mail Centre ); after subsection 77F(1); and subsection 183UA(2)

 

79.     Item 295 omits the reference to “a place approved in writing by the CEO under this section” in the definition of “International Mail Centre” under subsection 77F(1) of the Customs Act.

 

80.     Item 296 inserts a new subsection (1A) into subsection 77F(1) of the Customs Act.  The new subsection 77F(1A) provides that, for the purposes of the definition of “International Mail Centre” in subsection 77F(1), the Comptroller-General of Customs may, by writing, approve a place as a place for the examination of international mail.

 

81.     Item 638 repeals subsection 183UA(2) of the Customs Act and substitutes a new subsection.  New subsection 183UA(2) provides that, for the purposes of paragraph (f) of the definition of “Customs place” in subsection 183UA(1), the Comptroller-General of Customs may, by legislative instrument, approve a place as a place for the examination of international mail.

 

82.     The Customs Administration Act, which establishes the statutory office of the CEO, will be repealed by Schedule 2 below.  As a result, the office of the CEO will be abolished.  These amendments repeal the redundant references to “CEO” and provide for relevant powers to be exercisable by the Comptroller-General of Customs.

 

Item 318 - Subsection 77LA(5)

 

83.     This item repeals the reference to “officers who regularly perform their functions for Customs would be able conveniently to check” in subsection 77LA(5) of the Customs Act and substitutes with “officers of Customs regularly perform their functions for those officers to be able to conveniently check”.

 

84.     Subsection 77LA(5) contains a requirement that the CEO must not grant an application for the substitution of the description of a place not currently described in a depot licence if, in the CEO’s opinion, the place would be too remote from the nearest place where officers who regularly perform their functions for Customs would be able conveniently to check whether the Customs Acts are being complied with at the place.

 

85.     The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.  This amendment omits the redundant reference that refers to “Customs” and replaces it with a more appropriate reference to “officer of Customs”.

 

Item 344 - Subsection 78(2)

 

86.     This item repeals subsection 78(2) of the Customs Act.  Subsection 78(2) provides that “CEO” in Part V of the Act shall be read as including a reference to a Regional Director for a State or Territory.

 

87.     The Customs Administration Act, which establishes the statutory office of the CEO, will be repealed by Schedule 2 below.  As a result, the office of the CEO will be abolished.  This amendment repeals the redundant term.  This is a technical amendment to remove the redundant reference to “CEO and redundant references to “Regional Directors”.

 

Items 372, 381, 514, 787 and 807 - Paragraph 83(3)(a); paragraph 83(4)(a); paragraph 126E(1)(c); paragraph 269F(4)(a); and Paragraph 269SB(3)(a)

 

88.     Item 372 repeals paragraph 83(3)(a) of the Customs Act and substitutes a new paragraph.  New paragraph 83(3)(a) provides that subject to subsection 83(4), where a warehouse licence has not been renewed and goods remain in the former warehouse, the Comptroller-General of Customs shall by notice, published on the Department’s website, inform the owners of goods in the former warehouse.

 

89.     Item 381 repeals paragraph 87(4)(a) of the Customs Act and substitutes a new paragraph.  New paragraph 87(4)(a) provides, in effect, that subject to subsection 87(5), if the Comptroller-General of Customs cancels a warehouse licence under this section, he or she must by notice, publish on the Department’s website, inform the owners of goods in the place that was the warehouse of certain matters.  These two items omit redundant references to Customs Houses and other offices of Customs.

 

90.     Item 514 omits the reference to “website maintained by Customs” in paragraph 126E(1)(c) of the Customs Act and substitutes with “Department’s website”.

 

91.     Items 787 and 807 omit the references to “at Customs House, Canberra” in paragraphs 269F(4)(a) and 269SB(3)(a) of the Customs Act and substitute with “by notice published on the Department’s website”.  This item omits the redundant reference to Customs House.

 

92.     The reference to “Customs” in is context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.  These amendments omit the redundant references to “Customs” and replace it with a more appropriate reference that refers to the “Department’s website”.  The power under these provisions will now be exercisable by the Comptroller-General of Customs.

 

Item 525 - At the end of Part VIA

 

93.     This item inserts a new clause 126H into Part VIA of the Customs Act.  New clause 126H provides the Comptroller-General of Customs with an ability to arrange for the use of computer programs to make decisions.

 

94.     Subclause 126H(1) provides that the Comptroller-General of Customs may arrange for the use, under the control of the Comptroller-General of Customs, of computer programs for any purpose for which the Comptroller-General, a Collector or an officer may or must under the provisions mentioned in subsection 126H(3):

 

·          make a decision; or

·          exercise any power or comply with any obligation; or

·          do anything else related to making a decision, exercising a power, or complying with an obligations.

 

95.     Subclause 126H(2) provides that the Comptroller-General of Customs, Collector or officer (as the case requires) is taken to have:

 

·          made a decision; or

·          exercised a power, or complied with an obligation; or

·          done something else related to the making of a decision, the exercise of a power, or the compliance with an obligation;

 

that was made, exercised, complied with, or done (as the case requires) by the operation of a computer program under an arrangement made under subclause 126H(1).

 

96.     Subclause 126H(3) specifies the provisions to which subclause 126H(1) applies, being Parts IV and VI of the Customs Act and any provisions in the Customs Act or the regulations that the Comptroller-General of Customs determines by a legislative instrument.  Parts IV and VI of the Customs Act are primarily concerned with the reporting of goods that are being imported into Australia or are proposed to be exported from Australia respectively.  Part IV also deals with the reporting of ships and aircraft that are arriving in Australia.  Therefore the types of decisions to which section 126H will apply will mainly be those related to the clearance of goods either into home consumption or for export.

 

97.     For example, under section 71C of the Customs Act, a decision to grant, or refuse to grant, an authority to deal with imported goods that are entered for home consumption on an import declaration will in most instances be an automated decision.  These types of decisions have been automated since the early 1990s.

 

98.     The amendments in this item acknowledge that many decisions under the Customs Act are made electronically, without the intervention of a natural person.  These amendments will attribute such electronic decisions to a natural person for the purposes of, for example, challenging these decisions.

 

Item 530 - Subsection 131A(1)

 

99.     Item 530 is a technical amendment and omits the reference to “(1)” in subsection 131A of the Customs Act.

 

Item 571 - Paragraphs 161G(b) and (f)

 

100. This item omits the reference to “for Customs purposes” in paragraphs 161B(b) and (f) of the Customs Act and substitutes with “for the purpose of this Act”.

 

101. The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.  This amendment omits the redundant reference to “Customs” and replaces it with a more appropriate reference to “this Act”.

 

Item 590 - Subsection 167(3)

 

102. This item is technical amendment to remove a redundant reference to “Subject to subsection (3B), for” in subsection 167(3) of the Customs Act.

 

Items 594 and 595 - Subsection 180(1) and subsection 180(2)

 

103. Item 595 omits subsection 180(2) of the Customs Act, which provides that a reference in this Part, other than in subsection 181(2), 183CC(5), 183CJ(1), 183CQ(4), (5) or (7) or 183CR(3) or in section 183CS, 183D, 183DA, 183DC, 183DD or 183S, to the CEO shall be read as including a reference to a Regional Director for a State or Territory.

 

104. Similar to the amendments made by item 344 above, subsection 180(2) is omitted because it contains references to the redundant terms “CEO” and “Regional Director of a State or Territory”.

 

105. Item 594 which omits the reference to “(1)” in section 180 of the Customs Act, is a technical amendment and is consequential to the amendment by item 595.

 

Item 611 - Subsection 183CJ(1)

 

106. This item repeals subsection 183CJ(1) of the Customs Act and substitutes a new subsection.  New subsection 183CJ(1) of the Customs Act provides that, if a customs broker, within 2 months before the date on which his or her broker’s licence is due to expire, applies in writing to the Comptroller-General of Customs for the renewal of the licence, the Comptroller-General of Customs must, by writing, renew the licence unless:

 

·          the Comptroller-General of Customs has given an order under paragraph 183CS(1)(d) in relation to the licence; or

·          the customs broker is, because of section 183CK, not entitled to hold a broker’s licence.

 

107. The Customs Administration Act, which establishes the statutory office of the CEO, will be repealed by Schedule 2 below.  As a result, the office of the CEO will be abolished.  This amendment omits redundant references to the redundant reference to “CEO” and “Regional Director of a State or Territory” and replaces it with a more appropriate reference to “Comptroller-General of Customs”.  The power under this provision will now be exercisable by the Comptroller-General of Customs.

 

Item 615 - Section 183CP

 

108. Item 615 is a technical amendment that omits the reference to “agent” in section 183CP of the Customs Act and substitutes with “broker”.

 

Item 618 - Subsection 183CQ(5)

 

109. This item repeals subsection 183CQ(5) of the Customs Act and substitutes a new subsection.  New subsection 183CQ(5) provides that, if the Comptroller-General of Customs gives notice in accordance with this section to a customs broker, the Comptroller-General of Customs must refer the question whether the Comptroller-General of Customs should take action in relation to the licence under subsection 183CS(1) to the Committee, for investigation and report to the Comptroller-General of Customs.

 

110. The Customs Administration Act, which establishes the statutory office of the CEO, will be repealed by Schedule 2 below.  As a result, the office of the CEO will be abolished.  This amendment repeals the redundant term.  This amendment omits redundant references to “CEO” and “Regional Director of a State or Territory” and replaces it with a more appropriate reference to “Comptroller-General of Customs”.  The power under this provision will now be exercisable by the Comptroller-General of Customs.

 

Item 622 - Subsection 183CR(3)

 

111. This repeals subsection 183CR(3) in the Customs Act and substitutes a new subsection.  New subsection 183CR(3) provides that a suspension of a licence by the Comptroller-General of Customs under subsection (1) has effect until the suspension is revoked by the Comptroller-General of Customs or the Comptroller-General of Customs has dealt with the matter in accordance with section 183CS, whichever occurs first.

 

112. The Customs Administration Act, which establishes the statutory office of the CEO, will be repealed by Schedule 2 below.  As a result, the office of the CEO will be abolished.  This amendment repeals the redundant term.  This amendment omits redundant references to “CEO” and “Regional Director of a State or Territory” and replaces it with a more appropriate reference to “Comptroller-General of Customs.  The power under this provision will now be exercisable by the Comptroller-General of Customs.

 

Items 634, 635 and 636 - Subsection 183UA(1) (paragraph (aa) of the definition of Customs place ), subsection 183UA(1) (paragraph (f) of the definition of Customs place ) and subsection 183UA(1) (note at the end of the definition of Customs place )

 

113. Item 634 omits the reference to “Customs” in paragraph (aa) of the definition of “Customs place” under subsection 183UA(1) of the Customs Act and substitutes with “the Commonwealth for use for the purposes of the Customs Act”.

 

114. Item 635 omits the reference to “a place that is approved, in writing by the CEO” in paragraph (f) of the definition of “Customs place” under subsection 183UA(1) of the Customs Act and substitutes with “a place approved in an instrument under subsection (2)”.

 

115. Item 636 omits the note under the definition of “Customs place” under subsection 183UA(1) of the Customs Act.

 

116. The Customs Administration Act, which establishes the ACBPS and the statutory office of the CEO, will be repealed by Schedule 2 below.  As a result, the ACBPS and the office of the CEO.  These amendments will omit the redundant references to “Customs” and “CEO” and clarify the intended meaning of “Customs place” under the new construct.

 

Items 652 to 654 - Subsection 189A(5) (definition of authorised arms issuing officer ); subsection 189(5) (definition of officer authorised to carry arms ); and at the end of section 189A

 

117. Item 652 repeals the definition of “authorised arms issuing officer” under subsection 189A(5) of the Customs Act and substitutes a new definition.  The new term is defined to mean an officer of Customs authorised under subsection 189A(6) to exercise the powers to perform the functions of an authorised arms issuing officer under this section.

 

118. Item 653 repeals the definition of “officer authorised to carry arms” under subsection 189A(5) and substitutes a new definition.  The new definition  is defined to mean an officer of Customs authorised under subsection 189A(7) to use approved firearms and approved items of personal defence equipment issued by an authorised arms issuing officer for the purpose specified in paragraph 189A(1)(a).

 

119. Item 654 inserts a new subclauses (6) and (7) into section 189A of the Customs Act.  New subclause 189A(6) provides that the Comptroller-General of Customs may, by writing, authorise an officer of Customs to exercise the powers or perform the functions of an authorised arms issuing officer under this section.

 

120. New subclause 189A(7) provides that the Comptroller-General of Customs may, by writing, authorise an officer of Customs to use approved firearms and approved items of personal defence equipment issued by an authorised arms issuing officer for the purpose specified in paragraph 189A(1)(a).

 

121. The Customs Administration Act, which establishes the statutory office of the CEO, will be repealed by Schedule 2 below.  As a result, the office of the CEO .  This amendment repeals the redundant term.  The power under this provision will now be exercisable by the Comptroller-General of Customs.

 

Item 656 - Subsection 194(1)

 

122. This item is a technical amendment to remove a reference to “Customs” and omits that reference in subsection 194(1) of the Customs Act and substitutes with “Australian Border Force (within the meaning to the Australian Border Force Act 2015 )”.

 

123. The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.

 

124. This amendment will omit the redundant reference to “Customs” and replace it with the reference to the ABF.

 

Item 661 - Subsection 203T(2)

 

125. This item is a technical amendment and omits the reference to “Comptroller” in subsection 203T(2) and substitutes with “Comptroller-General of Customs.

 

Item 703 - Section 217

 

126. This item is a technical amendment and omits the reference to “Customs business” in section 217 of the Customs Act and substitutes with “Customs Acts”.

 

127. The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant and are repealed.  This amendment omits the reference to “Customs” and replaces it with a more appropriate reference to the Customs Act.

 

Item 707 - Section 219

 

128. This item repeals section 219 of the Customs Act.  Section 219 concerns the general powers of a Collector and is redundant as a result of the amendments made by item 28 above.

 

Item 711 - Paragraph 219RAA(1)(a)

 

129. This item is a technical amendment and omits the reference to “, at the discretion of Customs” in paragraph 219RAA(1)(a) of the Customs Act.

 

130. The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant and are repealed.

 

Item 747 - Subsection 234(2C)

 

131. This item omits the reference to “, (2BB)” in subsection 234(2C) of the Customs Act.  This is a technical amendment made in consequence of the amendments in items 581 and 744, which repeals subsection 234(2BB) of the Customs Act and provides for relevant application communicated by computer under section 162AA(2) to a Collector.

 

Item 765 - Paragraph 243SA(2)(a)

 

132. This item omits the reference to “Customs” in paragraph 243SA(2)(a) of the Customs Act and substitutes with “a monitoring officer”.

 

133. The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.  This amendment will omit the redundant reference to “Customs” and replace it with the more appropriate reference to “a monitoring officer”.

 

Item 836 - Subsection 269ZZYH(1)

 

134. This item omits the reference to “CEO, or an officer of Customs” in subsection 269ZZYH(1) of the Customs Act and substitutes with “an officer of Customs”.

 

135. The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.  This amendment will omit the redundant reference to “CEO” and replaces it with a more appropriate reference to “Comptroller-General of Customs”.  The term “Comptroller-General of Customs” has not been substituted for “CEO” because the Comptroller-General will be an officer of Customs.

 

Item 837 - Subsection 270(1)

 

136. This item omits the reference to “or for the conduct of any business relating to the Customs” in subsection 270(1) of the Customs Act.

 

137. The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.  This amendment omits the redundant reference to “Customs” in the regulation making power.

 

Item 853 - Section 273HA

 

138. This item repeals section 273HA of the Customs Act.  This section is redundant.

 

Item 856 - Subsection 275A(1)

 

139. This item omits the reference to “the Customs” in subsection 275A(1) of the Customs Act and substitutes with “this Act”.

 

140. The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.  This amendment omits the redundant reference to “Customs” and replaces it with the more appropriate reference to the Customs Act.

 

Item 857 - Subsection 275A(4)

 

141. This item repeals subsection 275A(4) of the Customs Act and substitutes a new subsection.  New subsection 275A(4) provides that, if a Collector (not being the Comptroller-General of Customs) gives a direction under subsection 275A(1) not to move a ship or aircraft from a boarding station, the Collector must as soon as practicable notify the Comptroller-General of Customs of the giving of the direction.

 

142. The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.  This amendment omits the redundant reference to “CEO” and “Director of a State or Territory” and replaces it with a more appropriate reference to “Collector” and “Comptroller-General of Customs”.

 

Item 859 - Paragraph 275A(5)(b)

 

143. This item omits the reference to “the Customs” in paragraph 275A(5)(b) of the Customs Act and substitutes with “this Act”.

 

144. The reference to “Customs” in this context is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.  This amendment omits the redundant reference to “Customs” and replaces it with the more appropriate reference to the Customs Act.

 

Item 861 - Schedule I

 

145. This item omits the reference to “the Customs of” in Schedule I of the Customs Act.

 

146. The reference to “Customs” in the context of this provision Act is a reference to the ACBPS as established by the Customs Administration Act.  As this Act is to be repealed by amendments in Schedule 2, the references to “Customs” are redundant.  This amendment omits the redundant reference to “Customs”.

 

Items substituting the reference to CEO with Comptroller-General of Customs

 

147. The items in Table 2 amend the provisions of the Customs Act in Table 3 to omit references to “CEO” and substitute with “Comptroller-General of Customs” or in the person’s capacity as the Comptroller-General of Customs.

 

148. For example:

 

·          Subsection 4A(1) will be amended to read “In this Act, a reference to an approved form is a reference to a form that is approved, by instrument in writing, by the Comptroller-General of Customs.

·          Subsection 77K(4) will be amended to read “The Comptroller-General of Customs may refuse to grant a depot licence if, in his or her opinion, the place in relation to which the licence is sought would be too remote from the nearest place where officers of Customs regularly perform their functions for the those officers to be able to conveniently check where the Customs Act are be complied with at the place.

·          Subsection 67EB(1) will be amended such that the Comptroller-General must not register as person as a special reporter if the applicant has not satisfied the Comptroller-General of certain matters.  At present, Customs must be satisfied of these matters.  The amendments to these sections will confer functions currently exercisable by the CEO on the Comptroller-General of Customs which is more appropriate to these circumstances.

 

Table 2 - Amending items

 

22

23

24

25

42

44

52

60

62

66

68

86

89

99

100

101

102

105

107

110

112

114

117

120

122

125

133

135

142

152

155

157

158

160

161

162

164

165

166

168

170

171

172

173

174

175

176

178

179

180

181

182

183

184

185

186

187

188

226

230

266

271

276

279

297

299

300

301

302

304

305

306

308

310

311

312

313

314

316

317

319

320

325

326

327

328

330

333

334

335

339

341

345

346

347

348

249

351

352

353

354

355

357

358

360

361

362

363

364

365

366

368

370

371

373

374

375

376

378

379

380

382

383

389

395

405

406

410

411

414

416

418

419

420

432

435

438

439

449

464

465

473

477

488

493

496

497

498

500

502

504

506

509

513

517

522

524

526

529

532

533

536

537

538

540

542

543

544

545

546

547

548

549

550

551

552

553

554

555

556

557

558

559

560

561

562

563

564

565

566

567

568

569

572

573

574

575

576

577

578

579

584

585

586

587

588

596

597

598

599

600

601

602

603

604

605

606

607

608

609

610

612

613

614

616

617

619

620

621

623

624

625

627

628

629

630

631

632

639

641

645

649

651

659

6701

672

673

677

682

693

695

697

702

708

709

710

712

713

714

715

716

717

718

719

720

721

722

723

724

725

727

728

731

737

739

741

743

746

748

749

753

757

758

759

760

761

762

763

764

766

768

769

771

774

778

779

780

781

782

783

784

785

788

789

790

791

792

793

794

795

796

797

798

800

801

802

803

804

805

808

 

Table 2 - Amending items (continued)

 

809

810

811

812

813

814

815

816

817

818

819

839

840

841

842

843

844

845

846

850

851

852

 855

 

 

Table 3 - Provisions amended

 

4A(1)

4A(1A)

4C(1)

4C(2)

4C(3)

5A(1A)

5A(2)

5A(4)

5A(5)

5B(1A)

5B(2)

5B(4)

5B(5)

15(1)

15(1A)

15(2)

19

30A(2)

30A(3)

30A(4)

30A(5)

33A(2)

33A(4)

33B(2)

33B(4)

44

45(1)

58A(6)(c)

58B(6)(c)

60(2)(b)

63A

64(11)

64AA(3A)

64AA(8)

64AAA(3A)

64AAA(7)

64AAB(5)

64AAC(5)

64AB(6)

64ABAA(6)

64ABAA(7)

64ACA(2)(a)

64ACA(2)(b)

64ACA(9)

64ACB(7)

64AF(1)(a)

67EB(1)

67EB(1)(d)

67EB(1)(e)

67EB(3)

67EB(3)(d)(ii)

67EB(4)

67EC(4)

67ED(1)

67ED(2)

67ED(3)

67ED(4)

67ED(5)

67EE(2)

67EF(2)

67EG(b)

67EJ(a)

67EK(1)(b)

67EK(4)

67EK(5)

67EK(6)

67EK(7)

67EK(8)

67EK(9)

67EK(10)

67EK(11)

67EK(12)

67EL

67EM(1)

67EM(3)(c)

67EM(4)

67EM(5)

67EM(5)(a)

67EM(5)(b)

67EM(6)

67G(1)

67G(2)

67G(3)

67G(4)

67H(1)

67H(2)

67H(3)

67I

67J(1)

67J(2)

67K(1)

67K(2)

71AAAP(6)(c)

71AAAT(1)

71E(2C)(b)(i)

71F(7)(c)

71K(2)

71L(2)

77G(1)

77J

77J(1)

77J(2)

77J(3)

77K(1)

77K(2)

77K(3)

77K(4)

77K(5)

77L(1)

77L(2)

77LA(1)

77LA(3)

77LA(4)

77LA(5)

77LA(6)

77LA(7)

77N(2)

77N(2A)

77P(1)(b)

77Q

77Q(1)

77Q(1A)

77Q(1B)

77Q(2)

77Q(3)

77T(1)

77V(1)

77V(2)

77V(3)

77V(5)

77V(7)

77VA(2)(f)

77VB

77VC(1)

77VC(2)

80(e)

77VC(4)

77X(2)(h)

77X(2)(j)

79(1)

80(d)

80A

80A(1)

80A(2)

80A(3)

81(1)

81(2)

81(3)

81A(1)

81A(2)

81B(1)

81B(3)

81B(4)

81B(5)

81B(6)

81B(7)

82(1)

82(3)

82(5)

82A

82A(1)

82A(2)

82B

82B(1)

82B(2)(b)

83(2)(e)

83(2)(g)

83(3)

83(3)(d)

83(4)

83(5)

84(1)

84(3)

86(1)

86(1A)

86(1B)

86(3)

86(5)

86(7)(f)

87(1)

87(1A)

87(2)

87(4)

87(4)(d)

87(5)

87(6)

87(7)

100(5)

102BA(1)(d)

102CJ

 

Table 3 - Provisions amended (continued)

 

102DD

102F(1)

102F(2)

102F(3)

105

105(1)

105(2)

106G(1)(a)(i)

106G(1)(a)(ii)

106G(4)

106I

106I(1)

106I(2)

114B(1)

114B(3)

114B(5)

114B(6)

114B(8)

114B(10)

118(5)

118(6)

118(9)

119AA(4)

119AB(5)

122F(4)

126

126C(3)

126D

126DA(1)

126DA(2)

126DB(a)

126DC(1)

126DC(3)(b)

126E(1)

126E(3)(b)

126F(2)

126G

127(7)

129(6)

132AA(3)

132B(1)

132B(2)

132B(3)

132B(4)

132B(5)

132C(1)

132C(2)

132C(5)(b)

132D

137(3)

153AC(1)

153AC(2)

153AC(3)

153AC(5)

153E(4)

153E(5)

153E(6)

153E(7)

153L(1)(c)

153L(4)(b)

153LA(1)

153LA(2)

153LA(3)

153P(1)(b)(ii)

153P(2)(c)

153Q(1)(c)

153R(1)

153UC

153VA(d)

153VC(1)

153VC(2)

153VC(3)

153VC(4)

153VD(1)

153VD(2)

153VD(3)

153ZIH(2)

161J(2)

161J(3)(b)

161K(1)

161L(1)

161L(2)

161L(3)

162(3)(b)(i)

162A(2)

162A(4)

162A(5)(b)(ii)

162A(5A)(b)(ii)

164B

165(3)

165(5)

165(6)(a)

165(6)(b)

165A(1)(c)

162A(2)

181(2)

183C(1)

183CA(1)(d)

183CA(1)(e)

183CB(1)

183CB(2)

183CC(1)

183CC(2)(b)

183CC(3)

183CC(4)

183CC(4A)

183CC(5)

183CE(1)

183CE(2)

183CF(1)

183CF(2)

183CF(3)

183CG(1)

183CG(3)

183CG(6)

183CG(7)

183CG(8)

183CGA

183CGA(1)

183CGA(2)

183CGB

183CGB(1)

183CGB(2)(b)

183CK(1)

183CK(2)

183CK(3)

183CK(4)

183CM

183CN(1)

183CN(2)

183CP

183CQ(1)

183CQ(4)

183CQ(6)

183CQ(7)

183CR

183CR(1)

183CR(2)

183CR(3)

183CR(4)

183CS

183CS(1)

183CS(2)

183CS(4)

183CS(5)

183D(2)(c)

183D(2)(d)

183DA(2)(b)

183DA(3)

183DA(4)

183DA(5)

183DC(1)

183DC(3)

183DD(1)

183DD(2)

183DD(3)

183S(1)

183UC

183UC(c)

186AA(2)(d)

186AA(3)(d)

186AA(7)(a)

189A(1)

189A(2)(e)

201(1B)

208(2)

208(5)

208D(a)

209K(1)

209K(2)

209R

213A(4)(b)

213B(3)(b)

214AC(1)

214AC(2)

214AC(3)

214BAD(1)

214BAD(2)

219M(2)(a)

219Q(2)(b)(i)

219R(14)

219SB

219T(1A)(c)

219T(1)

219U(1)

219V(3)

219V(4)

219V(8)

219X(1)

219Y(4)(c)

219Y(5)(b)

219ZAB(3)

219ZAB(4)

219ZAB(5)

219ZAC(1)

219ZA(1)

219ZA(2)

219ZA(3)

219ZC(4)(a)

219ZH(6)

219ZJE

219ZJE(b)

227F(5)

227F(7)

228A

228B

233BA(1)

234(2A)

234(2B)

234(2BA)

234(2BC)

234AA(3)

234A(1A)(e)

240(3)

243B(1)

243CA(2)(a)

243CA(4)

243E(1)

243E(6)

243F(1)(d)

 

Table 3 - Provisions amended (continued)

 

243F(2)(b)

243F(3)(b)

243F(3A)(b)

243G(2A)

243K(2)

243L(1)

243W

243Y(3)

245(1)

253

264(1)

267(1)

268(1)

268(2)

269

269B(1)

269D(4)

269F(1)

269FA

269G(2)(b)

269G(3)

269H(1)

269H(2)

269HA

269HA(1)

269HA(2)

269J(1)

269J(3)

269K(1)

269K(3)

269K(4)

269L(1)

269L(2)

269L(3)

269L(4)

269L(4A)

269L(4B)

269L(5)

269L(6)

269M

269M(1)

269M(3)

269M(4)

269M(5)

269M(6)

269N(1)

269N(2)

269N(3)

269N(4)

269N(5)

269P(1)

269P(2)

269P(3)

269P(4)

269Q(1)

269Q(2)

269Q(3)

269Q(4)

269R(1)

269SA(1)

269SA(2)

269SB(1)

269SC(1)

269SC(1A)

269SC(2)

269SC(3)

269SC(4)

269SC(5)

269SD

269SD(1AA)

269SD(1AB)

269SD(1)

269SD(1A)

269SD(2)

269SD(2A)

269SD(3)

269SD(5)

269SE(1)

269SE(2)

269SF

269SF(1)

269SF(3)

269SH(1)

269SH(3)

269SH(3A)

269SH(4)

269SH(5)

269SH(6)

269SH(7)

269SH(8)

269SH(10)

269SH(13)

269SHA(2)

269SJ(1)

269SJ(2)

269SJ(3)

269SK

269SMT(1)

271

272

273(1)

273(2)

273(3)

273A

273GAA(4)

273GAA(8)

273GAA(9)

273GA(1)

273GA(6A)

273H(1)

274

275

 

 

 

 

149. The Customs Administration Act, which establishes the statutory office of the CEO, will be repealed by Schedule 2 below.  As a result, the office of the CEO ceases to exist.  These amendments repeal the redundant references to “CEO” and replace them with more appropriate references to “Comptroller-General of Customs”.  The functions and powers under these provisions are now exercisable by the Comptroller-General of Customs.

 

150. Relevantly, these amendments support the amendments made at item 26 above, which provides for the Comptroller-General of Customs to administer the Customs Act.

 

Items substituting the reference to Customs with the Department

 

151. The items in Table 4 amend the provisions of the Customs Act in Table 5 to omit references to “Customs” and substitute with “the Department”.

 

Table 4 - Amending items

 

8

9

16

17

103

104

106

108

109

111

113

115

116

118

119

121

123

124

127

128

129

130

134

138

141

146

148

149

150

163

167

189

195

198

199

204

206

214

224

225

229

231

233

235

237

239

240

251

 

Table 4 - Amending items (continued)

 

252

254

255

261

263

264

267

270

274

275

277

278

280

282

283

285

286

287

289

309

324

387

388

391

392

396

397

399

401

403

408

409

425

428

429

430

431

434

436

437

444

445

446

448

451

452

454

455

456

458

460

461

462

466

467

468

469

471

472

475

476

478

479

480

481

482

484

485

499

501

503

505

508

510

512

515

516

518

583

681

686

687

688

689

690

691

696

698

699

700

701

738

740

742

745

751

752

754

755

756

767

 

 

 

Table 5 - Provisions amended

 

4(1)

64(2)

64(4)

64(9)(c)

64AA(2)

64AA(5)

64AA(6)(c)

64AAA(2)

64AAA(5)(c)

64AAB

64AAB(2)

64AAC

64AAC(2)

64AB(2)

64AB(2A)

64ABAA(1)

64ABAA(2)

64ABAA(3)

64ABAA(4)

64ABAA(7)

64ABAB

64ABAB(1)

64ABAB(3)

64ABAB(4)

64ACA(1)

64ACA(7)(e)

64ACB(1)

64ACB(5)(e)

64ACE(1)

64ACE(2)

64ADAA

67EC(4)

67EF(1)(a)

67EF(1)(b)

68(3A)

68(3B)

70(7)(a)

70(7)(b)

70(9)

71(1)

71AAAF(1)

71AAAf(2)

71AAG(1)

71AAA(2)

71AAAP(5)

71AAAP(6)(a)

71AAAT

71AAAT(2)

71AAAT(2)(b)

71AAAT(3)

71A(1)

71A(5)

71A(7)

71A(8)

71B(1)

71D(1)

71D(2)

71DH(1)

71DH(5)

71DH(7)

71DH(8)

71DI(1)

71DK(1)

71DK(2)

71E(1)

71E(2)(b)

71E(3)

71F(1)

71F(2)

71F(3)

71F(6)

71F(7)

71K

71K(1)

71L

71L(3)

71L(4)

71L(5)

71M

74(3)(b)

77AA(5)

77K(5)

77N(9)(b)

100(1)

100(3)(a)

102A

102A(2)

102A(3)

102C

102C(1)

102CA(3)

102CC(1)

102CD(1)

102DC

102DC(1)

105C(2)(a)

105C(2)(b)

106B(1)

106C(1)

106D(1)

106F

106G(3)

106H(1)(g)

106H(2)

114(1)

114(3)(b)

114(5)

114(7)

114A(1)(a)

114A(1)(b)

114CA(1)(a)

114CA(1)(b)

114D(1)

114D(2)

114F

114F(1A)

114F(1B)

116(4)(a)

117AA(2)

117AA(4)

117A

117A(1)

118A(2)

118A(4)(c)

119

119(1)

119AA(2)

119AA(3A)(a)

119AB(1)

119AB(3)(a)

119A(1)

119A(2)(b)

119A(4)

119D(1)

119D(2)

119D(3)

119E

126D

126DA(1)(a)

126DA(1)(c)

 

Table 5 - Provisions amended (continued)

 

126DA(1)(d)

126DB

126DB(a)

126DB(b)

126DC(3)(a)

126DC(3)(b)

126E

126E(1)(d)

126E(2)

126E(3)

163(1AB)

163(1AE)

209N(2)

209U(2)

209X(1)(d)

209X(1)(e)

209X(1)(g)

209X(3)(a)

209X(3)(b)

209Z(1)(c)(i)

209Z(1)(c)(iii)

209Z(2)(a)

209Z(2)(b)

209Z(2)(c)

209ZA(1)(c)

214AB(1)(g)

214AB(2(e)

214AD

214AE(1)(c)

214AF(2)(c)

214BAC(1)(g)

234(2A)

234(2A)

234(2B)

234(2BC)

240(1AA)(a)

240(1A)(b)

240(1B)(d)

240AB

240AB(1)

240AB(2)

240AB(3)

240AB(3A)

243W

 

 

152. The word “Customs” is frequently referred to in the Customs Act as the entity to which information is to be communicated or given.  As the ACBPS will be abolished, these amendments will mean that the information will be required to be communicated to the Department.  As the integrated Department will administer the Customs Act where appropriate references to “Customs” are substituted with a reference to “the Department”.

 

153. For example:

 

·          Subsection 64(2) will be amended to provide that, if the ship or aircraft is due to arrive at a port or airport in Australia (whether the first port or airport or any subsequent port or airport on the same voyage or flight), the operator must report to the Department, in accordance with this section, the impending arrival of the ship or aircraft.  Under existing subsection 64(2), such reports must be made to Customs.

 

154. Other references to “Customs” will be substituted with “Collector”, “the Commonwealth”, “Comptroller-General of Customs” or “an officer of Customs”, where appropriate.  These will be further explained below.

 

Items substituting the reference to Customs with Collector

 

155. The items in Table 6 amend the provisions of the Customs Act in Table 7 to omit references to “Customs” and substitute with “Collector”.

 

Table 6 - Amending items

 

190

192

193

194

196

197

200

201

202

203

205

207

208

209

210

211

212

213

215

216

217

218

219

220

221

222

223

227

228

232

234

236

244

245

246

247

248

249

250

258

259

260

272

273

281

284

288

290

291

292

293

294

342

385

386

390

394

441

443

447

450

459

483

539

581

591

 

 

 

 

 

 

 

Table 7 - Provisions amended

 

70(2)

70(3)

70(4)

70(5)

70(6)

70(8)

71(2)

71(3)

71AAAB(2)

71AAAB(3)

71AAAB(4)

71AAAC(1)(a)

71AAAG

71AAAG(1)

71AAAG(2)(a)

71AAAH

71AAAI(1)

71AAAI(2)

71AAAI(2)(a)

71AAAK

71AAAL(1)

71AAAM(1)(a)

71AAAO(1)

71AAAO(4)

71AAAO(6)

71AAAO(8)

71AAAS

71AAAT(2)(a)

71AAAT(2)(b)

71AAAT(3)

71C(3)(a)

71C(4)

71C(5)

71C(6)

71C(7)

71C(7)(a)

71DJ(3)(a)

71DJ(4)

71DJ(5)

71J

71L(3)

71L(5)

77AA(1)

77AA(2)

77AA(3)

77AA(4)

77AA(5)

77EA(1)

77EC

77ef(4)

77Y

99(3)(c)

100

100(6)

102B

112C

113AA

114(8)

114(9)

114C(1)

117AA(3)(a)

119D(3)

137(3)

162AA(2)

167(3)(a)

167(3)(b)

 

 

 

 

 

156. In these sections, it is more appropriate to the functions and powers are exercisable by, or relate to, a natural person.

 

157. For example:

 

·          Subsection 70(2) will be amended to provide that a person who has imported or proposes to import goods referred to in paragraph 70(1)(a) of the definition of “special clearance goods” may apply to the Collector at any time, in writing, for permission to deliver the goods into home consumption without entering them for that purpose. Under existing subsection 70(2), such an application must be made to Customs.

 

Items substituting the reference to Customs with Department and Collector

 

158. Items 4, 242, 256, 433, 463, 507and 511 amend the provisions of the Customs Act in Table 8 to substitute “Customs” with “Department” and “Collector”.

 

Table 8 - Provisions amended

 

4(1)

71C(1)

71DJ(1)

106G(2)

117A(3)

126DC(1)

126DC(4)

 

 

 

 

159. For example:

 

·          Subsection 106G(2) will be amended to provide that an operator who reports electronically under paragraph 106G(1)(a)(i) is to taken to have reported to the Department when a Collector sends acknowledgement of the report to the person identified in the report as having made it.

 

160. The reference to “Customs” in the provisions in the table above conveys both “Customs” as the Statutory Agency that administers the Customs Act and ability to exercise a power under the Act, i.e. give declaration advices.  These references to “Customs” will become redundant as a result of the repeal of the Customs Administration Act by Schedule 2 below.  These references to “Customs” in the above provisions will be amended to recognise the Department’s administration of matters under the Customs Act and the Collector’s ability to exercise a power under the Act.

 

Items substituting the reference to Customs with the Commonwealth

 

161. The items in Table 9 amend the provisions of the Customs Act in Table 10 to omit references to “Customs” and substitute with “the Commonwealth”.

 

Table 9 - Amending items

 

50

70

76

79

81

82

83

84

98

269

321

332

338

340

367

369

377

490

491

492

520

534

592

671

706

729

734

736

773

777

821

822

823

824

825

826

860

 

 

 

 

Table 10 - Provisions amended

 

28(2)

28(4)

34

42(1)

42(1A)

42(1B)

42(1C)

42(1D)

42(2)

42(3)

48(2)(b)

71E(6)

77N(3)

77VA(2)(f)

77X(2)(h)

77X(2)(j)

83(2)(e)

83(2)(g)

86(7)(f)

122Q(1)

122Q(2)

126F(1)

132B(8)

167(4)

208(4)(b)

218A(3)

227G(1)(a)

233BABAF

233BABAF(4)

250A

261

269TA

269TD(4)(b)

269TD(5)

269TN(2)

269TN(3)(a)

269TN(4B)(b)

269TN(5)(a)

269TN(7)(b)

269TN(8)(b)

269ZH(b)

Schedule I

 

 

 

 

162. In these provisions, it is more appropriate to refer to the Commonwealth.

 

163. For example:

 

·          Subsection 42(1) will be amended to provide that the Commonwealth shall have the right to require and take securities for compliance with the Customs Act, for compliance with conditions or requirement to which the importation or exportation of goods is subject and generally for the protection of the revenue of the Commonwealth, and pending the giving of the required security in relation to any goods subject to customs control may refuse to deliver the goods or to give any authority to deal with the goods.  Under existing subsection 42(1), Customs has the right to require and take securities.

 

164. Some of these sections relate to payments that are currently made by Customs, or are required to be made to Customs.  Some of these provisions give Customs certain legal rights over goods and also give Customs the right to take securities in certain circumstances.  In these circumstances, it is considered appropriate that these provisions should refer to a legal personality, the Commonwealth.

 

Items substituting the reference to Customs with the Comptroller-General of Customs

 

165. Items 156, 159, 177, 398, 521, 589 and 854 amend the provisions of the Customs Act in Table 11 to omit references to “Customs” and substitute with “the Comptroller-General of Customs”.

 

Table 11 - Provisions amended

 

67EB(1)(b)

67EB(2)

67EM(3)(b)

102C(2)(a)

126F(2)

166

 273L

 

 

 

 

166. For example:

 

·          Section 44 will be amended to provide that, when security is required for any particular purpose, security may by the authority of the Comptroller-General of Customs be accepted to cover all transactions for such time and for such amounts as the Comptroller-General of Customs may approve.  Existing section 44 security is taken by the authority of the Customs.  These amendments acknowledge that these provisions should refer to a natural person.

 

Items substituting the reference to Customs with the officer or an officer of Customs

 

167. The items in Table 12 amend the provisions of the Customs Act in Table 13 to omit references to “Customs” and substitute with “officer” or “officer of Customs”.

 

Table 12 - Amending items

 

147

169

303

307

315

336

350

356

400

523

678

679

680

683

684

685

711

730

733

847

848

 

 

 

 

Table 13 - Provisions amended

 

64ACE(1)

64EF(4)

64EF(5)

77K(1)(i)

77K(4)

77LA(4)(b)

77VC(5)

81(1)(g)

81B(4)(c)

102CB(1)

126F(3)

209N(1)(a)(ii)

209N(1)(c)

209N(2)

209U(1)(c)(i)

209U(1)(d)(ii)

209U(2)

219RAA(1)(a)

228(1)(d)

233(6)

273GAB

273GAB(1)

 

 

 

 

168. For example:

 

·          Subsection 67EF(4) will be amended to provide that the special reporter must provide an officer of Customs with online access to the information stored and retained under subsection (1) and with the capacity to download that information, or a part of that information, at any time as required by an officer of Customs.  The current provision requires the access to be provided to Customs

·          Paragraph 209N(1)(c) will be amended to provide that an officer of Customs may, instead of seizing goods under section 203B, permit a person to surrender the goods to the officer in a section 234AA place if the person has indicated to the officer, in writing, that he or she intends to surrender the goods.  The current provision requires the indication to be given to Customs.

 

169. In these provisions, it is more appropriate to the functions and powers are exercisable by or relate to a natural person.

 

Items substituting references to CEO or by a Regional Director of a State or Territory with Comptroller-General of Customs

 

170. The items in Table 14 amend the provision of the Customs Act in Table 15 to omit references to “CEO or by a Regional Director of a State or Territory” and substitute with “Comptroller-General of Customs”.

 

Table 14 - Amending items

 

580

626

637

663

664

665

666

667

668

669

674

675

676

775

858

 

 

Table 15 - Provisions amended

 

162A(8)(b)

183CJ(1)

183CQ(5)

183D(2)(a)

183D(2)(b)

183UA(1)

205B(3)

206(1)(c)

206(1)

206(1A)(b)

206(1A)

206(2)

206(2)(c)

206(3)

209J(1)

209J(2)

256

275A(5)(b)

 

 

 

171. These amendments will omit redundant references to “CEO” and “Regional Director of a State or Territory”.

 

Items substituting references to the control of Customs with customs control

 

172. The items in Table 16 amend the provisions of the Customs Act in Table 17 to omit references to “the control of Customs” and substitute with “customs control”.

 

Table 16 - Amending item

 

10

15

48

51

53

54

55

56

57

58

59

61

63

64

65

67

69

71

72

73

74

75

78

191

262

265

268

298

322

323

329

331

337

343

393

402

404

407

412

413

415

417

422

423

424

426

427

440

442

453

457

470

474

486

487

489

494

495

531

541

570

642

643

644

646

647

648

655

657

660

662

705

732

750

772

776

 838

 

 

 

 

Table 17 - Provisions amended

 

4(1)

20(8)

30(1)

31 (heading)