Commonwealth of Australia Bills Commonwealth of Australia Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
2002
The Parliament of
the
Commonwealth of
Australia
HOUSE OF
REPRESENTATIVES
Presented and read a first
time
Border
Security Legislation Amendment Bill 2002
No.
,
2002
(Attorney-General)
A
Bill for an Act to amend the law relating to border security, and for other
purposes
Contents
Customs Act
1901 4
Customs Act
1901 7
Customs Act
1901 10
Part 1—Amendments commencing
first 11
Customs Act
1901 11
Part 2—Amendments commencing
second 25
Customs Act
1901 25
Customs Act
1901 27
Part 1—Main
amendments 28
Customs Act
1901 28
Migration Act
1958 35
Part 2—Related
amendments 41
Customs Legislation Amendment and Repeal (International Trade
Modernisation) Act
2001 41
Evidence Act
1995 42
Customs Act
1901 43
Fisheries Management Act
1991 46
Customs Act
1901 47
Customs Act
1901 49
Customs Act
1901 51
Customs Administration Act
1985 52
Customs Act
1901 53
A Bill for an Act to amend the law relating to border
security, and for other purposes
The Parliament of Australia enacts:
This Act may be cited as the Border Security Legislation Amendment Act
2002.
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, on the day or at the time specified in
column 2 of the table.
|
Commencement information |
||
|---|---|---|
|
Column 1 |
Column 2 |
Column 3 |
|
Provision(s) |
Commencement |
Date/Details |
|
1. Sections 1 to 3 and anything in this Act not elsewhere covered by
this table |
The day on which this Act receives the Royal Assent |
|
|
2. Schedules 1 and 2 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
|
3. Schedule 3 |
The day on which this Act receives the Royal Assent |
|
|
4. Part 1 of Schedule 4 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
|
5. Part 2 of Schedule 4 |
Immediately after item 118 of Schedule 3 to the Customs
Legislation Amendment and Repeal (International Trade Modernisation) Act
2001 commences |
|
|
6. Schedule 5 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
|
7. Schedule 6, Part 1 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
|
8. Schedule 6, items 10 to 15 |
Immediately before item 122 of Schedule 3 to the Customs
Legislation Amendment and Repeal (International Trade Modernisation) Act 2001
commences |
|
|
9. Schedule 6, items 16 to 18 |
At the same time as the provisions covered by item 7 of this
table |
|
|
10. Schedule 7 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
11. Schedule 8 |
A single day to be fixed by Proclamation, subject to
subsection (3) |
|
|
12. Schedule 9 |
The day on which this Act receives the Royal Assent |
|
|
13. Schedule 10 |
The 28th day after the day on which this Act receives the Royal
Assent |
|
|
14. Schedules 11, 12 and 13 |
The day on which this Act receives the Royal Assent |
|
Note: This table relates only to the provisions of this Act
as originally passed by the Parliament and assented to. It will not be expanded
to deal with provisions inserted in this Act after assent.
(2) Column 3 of the table is for additional information that is not part
of this Act. This information may be included in any published version of this
Act.
(3) If a provision covered by item 2, 4, 6, 7 or 11 of the table does
not commence within the period of 6 months beginning on the day on which this
Act receives the Royal Assent, then it commences on the first day after the end
of that period.
Each Act that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule concerned, and any
other item in a Schedule to this Act has effect according to its
terms.
1 Subsection 234AA(1)
Omit all the words before “a Collector” (first occurring),
substitute:
Where a place:
(a) is to be used by officers:
(i) for questioning, for the purposes of this Act or of any other law of
the Commonwealth, passengers disembarking from or embarking on a ship or
aircraft; or
(ii) for examining, for such purposes, the personal baggage of such
passengers; or
(iii) as a holding place for such passengers; or
(b) is covered by a notice under subsection (3);
2 Subsection 234AA(2)
Omit all the words from and including “state that”,
substitute:
indicate (whether in words or images) that the use of:
(a) cameras or sound recorders; or
(b) mobile phones or other electronic forms of communication;
at the place by unauthorized persons is prohibited by this Act.
3 At the end of
section 234AA
Add:
(3) The CEO may publish a notice in the Gazette specifying, as an
area to which this section applies, an area of an airport appointed under
section 15.
(4) An area specified in such a notice must comprise one or more of the
following areas:
(a) areas that are used by, or frequented by, passengers who have arrived
in Australia until they have passed through the last point at which they or
their baggage are normally subject to processing by officers;
(b) areas that are used by, or frequented by, passengers who are about to
depart Australia after they have passed through the first point at which they
are normally subject to processing by officers;
(c) areas that are in the vicinity of areas referred to in
paragraph (a) or (b).
4 Subsection 234A(1)
Omit “, other than a passenger disembarking from, or embarking on, a
ship or aircraft,”.
5 Subsection 234A(1)
(penalty)
Repeal the penalty, substitute:
Penalty: 50 penalty units.
6 After paragraph
234A(1A)(a)
Insert:
(ab) is a holder of a security identification card (within the meaning of
section 213A) who enters into or is in the place for the purposes of his or
her employment; or
7 At the end of subsection
234A(1A)
Add:
; or (c) is a member of a crew disembarking from, or embarking on, a ship
or aircraft; or
(d) is a passenger disembarking from, or embarking on, a ship or aircraft;
or
(e) is included in a class of persons whom the CEO determines, in writing,
to be exempt from this section.
8 Paragraph 234AB(1)(a)
Omit all the words before “at a place”, substitute:
not to use:
(i) a camera or sound recorder; or
(ii) a mobile phone or other electronic form of communication;
9 Subsection 234AB(4)
Repeal the subsection, substitute:
(4) In any proceedings for the prosecution of a person for an offence
against subsection (3), evidence that a sign indicating that the use
of:
(a) cameras or sound recorders; or
(b) mobile phones or other electronic forms of communication;
at a place is prohibited by this Act was displayed at or near that place is
prima facie evidence that the sign was so displayed in accordance with
subsection 234AA(2).
10 After section 234AB
Insert:
(1) An officer may direct a person to leave a place in relation to which a
sign is displayed under subsection 234AA(1) if the officer reasonably believes
that the person is in that place in contravention of
section 234A.
(2) The officer may, either acting alone or with the assistance of one or
more other officers or protective service officers, use reasonable force to
remove the person from the area if the person refuses to leave when so
directed.
(3) However, in removing the person, the officer (and the persons
assisting) must not use more force, or subject him or her to greater indignity,
than is necessary or reasonable.
(4) In this section:
protective service officer means a protective service officer
within the meaning of the Australian Protective Service Act
1987.
1 After Subdivision H of Division 1 of
Part XII
Insert:
(1) A person who employs or engages a restricted area employee must,
within 7 days after doing so, provide to an authorised officer the required
identity information in respect of the employee.
(2) If a person (the employer):
(a) employs or engages another person after the commencement of this
section; and
(b) at a later time the other person becomes a restricted area employee of
the employer;
the employer must, within 7 days after that later time, provide to an
authorised officer the required identity information in respect of the
employee.
(3) If:
(a) a person (the employer) employed or engaged another
person before the commencement of this section; and
(b) the other person is a restricted area employee of the employer;
and
(c) an authorised officer suspects on reasonable grounds that the other
person has committed, or is likely to commit, an offence against a law of the
Commonwealth;
the authorised officer may, in writing, request the employer to provide to
the authorised officer, within 7 days after receiving the request, the required
identity information in respect of the employee. The employer must comply with
the request.
(4) A person does not comply with an obligation under subsection (1),
(2) or (3) to provide information unless the person provides the
information:
(a) in writing; or
(b) in such other form as the CEO determines in writing.
(5) A person commits an offence if the person fails to comply with
subsection (1), (2) or (3).
Penalty: 30 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(7) In this section:
required identity information, in relation to a person, means
any one or more of the following:
(a) the name and address of the person;
(b) the person’s date and place of birth;
(c) any other information prescribed by the regulations.
restricted area employee means a person whose duties include
working in an area covered by a notice under subsection 234AA(3), but does not
include a person who is issued with a security identification card.
security identification card means a card of a kind specified
in the regulations.
(1) A person who issues a security identification card to another person
in respect of an airport appointed under section 15 must, within 7 days
after doing so, provide to an authorised officer the required identity
information in respect of the person.
(2) If:
(a) before the commencement of this section, a person issued a security
identification card to another person in respect of an airport appointed under
section 15; and
(b) an authorised officer suspects on reasonable grounds that the other
person has committed, or is likely to commit, an offence against a law of the
Commonwealth;
the authorised officer may, in writing, request the person who issued the
card to provide to the authorised officer, within 7 days after receiving the
request, the required identity information in respect of the other person. The
person so requested must comply with the request.
(3) A person does not comply with an obligation under subsection (1)
or (2) to provide information unless the person provides the
information:
(a) in writing; or
(b) in such other form as the CEO determines in writing.
(4) In this section:
required identity information has the meaning given by
section 213A.
security identification card has the meaning given by
section 213A.
1 Section 193
After “railway”, insert “or any
airport”.
Part 1—Amendments
commencing first
1 After paragraph 11(1)(aa)
Insert:
(ab) for the performance by all or any of the persons who from time to
time hold office as Judges of the Supreme Court of that State of the functions
of a judicial officer under Subdivision DA of Division 1 of Part XII,
and under other provisions in so far as they relate to that Subdivision;
and
2 After paragraph 11(2)(aa)
Insert:
(ab) for the performance by all or any of the persons who from time to
time hold office as Judges of the Supreme Court of that Territory (and are not
also Judges of the Federal Court of Australia or of the Supreme Court of the
Australian Capital Territory) of the functions of a judicial officer under
Subdivision DA of Division 1 of Part XII, and under other provisions
in so far as they relate to that Subdivision; and
3 After subsection 64AB(3)
Insert:
(3AA) If a ship is due to arrive at its first port in Australia since it
last called at any port outside Australia, the master or owner of the ship must
communicate to Customs a report of any cargo on board the ship that is intended
to be kept on board the ship for shipment on to a place outside
Australia:
(a) if the journey from the last port is likely to take not less than 48
hours—not later than 48 hours before the ship’s arrival at the port;
and
(b) if the journey from the last port is likely to take less than 48
hours—not later than 24 hours before its arrival.
(3AB) If an aircraft is due to arrive at its first airport in Australia
since it last departed from any airport outside Australia, the pilot or owner of
the aircraft must communicate to Customs a report of any cargo on board the
aircraft that is intended to be kept on board the aircraft for shipment on to a
place outside Australia:
(a) if that report is made by document—3 hours after the arrival of
the aircraft at the airport; or
(b) if that report is made by computer—2 hours before the arrival of
the aircraft at the airport.
(3AC) A person who intentionally contravenes subsection (3AA) or
(3AB) commits an offence punishable, on conviction, by a penalty not exceeding
120 penalty units.
(3AD) A person who contravenes subsection (3AA) or (3AB) commits an
offence punishable, on conviction, by a penalty not exceeding 60 penalty
units.
(3AE) An offence against subsection (3AD) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
4 Subsection 64AB(3A)
Omit “subsection (2) or (3)”, substitute
“subsection (2), (3), (3AA) or (3AB)”.
5 Subsection 64AB(4)
After “unshipped from”, insert “, or kept on
board,”.
6 Subsection 64AB(5)
After “unshipped from”, insert “, or kept on
board,”.
7 At the end of subsection
64AB(6)
Add “or different kinds of cargo”.
8 Paragraph 64AB(7)(a)
Omit “subsection (2) or (3)”, substitute
“subsection (2), (3), (3AA) or (3AB)”.
9 Subsection 64ABA(1)
Repeal the subsection, substitute:
(1) At any time after a cargo report is communicated to Customs but
before:
(a) if the report was under subsection 64AB(2) or (3)—the delivery
of the goods into home consumption or warehousing covered by the report;
or
(b) if the report was under subsection 64AB(3AA)—the ship leaves its
last port in Australia before calling on a port outside Australia; or
(c) if the report was under subsection 64AB(3AB)—the aircraft leaves
its last airport in Australia before arriving at an airport outside
Australia;
the person who communicated the report to Customs may, by document or by
computer, communicate a variation of the report to Customs.
10 Subsection 183UA(1) (at the end of the
definition of authorized person)
Add:
; and (e) in relation to an application for, or the execution of, a
seizure warrant under section 203DA—an officer of Customs.
11 Subsection 183UA(1) (definition of
judicial officer)
Repeal the definition, substitute:
judicial officer means:
(a) in relation to a search warrant, or to a seizure warrant under
section 203:
(i) a magistrate; or
(ii) a justice of the peace or other person employed in a court of a State
or Territory who is authorised to issue search warrants; or
(b) in relation to a seizure warrant under section 203DA:
(i) a Judge of the Federal Court of Australia or of the Supreme Court of
the Australian Capital Territory in relation to whom a consent under subsection
183UD(1), and a nomination under subsection 183UD(2), are in force; or
(ii) a Judge of the Supreme Court of a State in respect of whom an
appropriate arrangement in force under section 11 is applicable;
or
(iii) a Judge of the Supreme Court of the Northern Territory who is not a
Judge referred to in subparagraph (i) and in respect of whom an appropriate
arrangement in force under section 11 is applicable.
12 Subsection 183UA(1) (definition of seizure
notice)
Repeal the definition, substitute:
seizure notice means:
(a) in relation to Subdivision G—a notice of the kind mentioned in
section 205A; and
(b) in relation to Subdivision GA—a notice of the kind mentioned in
section 209E.
13 Subsection 183UA(1) (at the end of the
definition of seizure warrant)
Add “or 203DA”.
14 Subsection 183UA(1)
Insert:
terrorist act means an action or a threat of action
where:
(a) the action falls within subsection (4); and
(b) the action is done or the threat is made with the intention of
advancing a political, religious or ideological cause;
but does not include:
(c) lawful advocacy, protest or dissent; or
(d) industrial action.
It is immaterial whether the action or threat, any part of the action or
threat or anyone or anything affected by the action or threat is within or
outside Australia.
15 At the end of
section 183UA
Add:
(4) For the purposes of the definition of terrorist act in
subsection (1), action falls within this subsection if it:
(a) involves serious harm to a person; or
(b) involves serious damage to property; or
(c) endangers a person’s life, other than the life of the person
taking the action; or
(d) creates a serious risk to the health or safety of the public or a
section of the public; or
(e) seriously interferes with, seriously disrupts, or destroys, an
electronic system including, but not limited to:
(i) an information system; or
(ii) a telecommunications system; or
(iii) a financial system; or
(iv) a system used for the delivery of essential government services;
or
(v) a system used for, or by, an essential public utility; or
(vi) a system used for, or by, a transport system.
(5) In subsection (4):
(a) a reference to any person or property is a reference to any person or
property wherever situated, within or outside Australia; and
(b) a reference to the public includes a reference to the public of a
country other than Australia.
16 At the end of Subdivision A of
Division 1 of Part XII
Add:
(1) A Judge of the Federal Court of Australia or of the Supreme Court of
the Australian Capital Territory may, by writing, consent to be nominated by the
Minister under subsection (2).
(2) The Minister may, by writing, nominate a Judge of a court referred to
in subsection (1) in relation to whom a consent is in force under that
subsection to be a judicial officer for the purposes of paragraph (b) of
the definition of judicial officer in subsection
183UA(1).
17 Subsection 185B(8)
Omit “Subdivisions D and G (other than section 205G)”,
substitute “Subdivisions D, G and GA (other than sections 205G and
209I)”.
18 At the end of
section 186
Add:
(4) Goods that are subject to the control of Customs under section 31
do not cease to be subject to the control of Customs merely because they are
removed from a ship or aircraft in the course of an examination under this
section.
Note: The heading to section 203 is altered by
inserting “for forfeited goods” after
“warrants”.
19 Subsection 203A(1)
After “that is in force”, insert “under
section 203”.
Note: The heading to section 203A is altered by adding
at the end “for forfeited goods”.
20 After Subdivision D of Division 1 of
Part XII
Insert:
(1) A judicial officer may issue a warrant to seize goods on or in
particular premises if the judicial officer is satisfied by information on oath
that the Minister has reasonable grounds for suspecting that:
(a) the goods are, or within the next 72 hours will be, on or in the
premises; and
(b) the goods have been or will be brought into Australia on a ship or
aircraft and are intended to be kept on board the ship or aircraft for shipment
on to a place outside Australia, without being imported into Australia or
exported from Australia; and
(c) the goods satisfy either or both of the following
subparagraphs:
(i) the goods are connected, whether directly or indirectly, with the
carrying out of a terrorist act, whether the terrorist act has occurred, is
occurring or is likely to occur;
(ii) the existence or the shipment of the goods prejudices, or is likely
to prejudice, Australia’s defence or security or international peace and
security.
(2) If a judicial officer issues a warrant, the judicial officer is to
state in the warrant:
(a) a description of the goods to which the warrant relates; and
(b) a description of the premises on or in which the goods are believed to
be located; and
(c) the name of the authorised person who, unless that authorised person
inserts the name of another authorised person in the warrant, is to be
responsible for executing the warrant; and
(d) the time at which the warrant expires (see subsection (3));
and
(e) whether the warrant may be executed at any time or only during
particular hours.
(3) The time stated in the warrant under paragraph (2)(d) as the time
at which the warrant expires must be a time that is not later than the end of
the seventh day after the day on which the warrant is issued.
Example: If a warrant is issued at 3 pm on a Monday, the
expiry time specified must not be later than midnight on Monday in the following
week.
(4) The judicial officer is also to state in the warrant that it
authorises the seizure of goods found on or in the premises in the course of the
search that the executing officer or a person assisting believes on reasonable
grounds to be special forfeited goods.
(5) Paragraph (2)(d) and subsection (3) do not prevent the issue
of successive warrants in relation to the same premises.
(6) If the application for the warrant is made under section 203M,
this section (other than subsection (3)) applies as if:
(a) subsection (1) referred to 48 hours rather than 72 hours;
and
(b) paragraph (2)(d) required the judicial officer to state in the
warrant the period for which the warrant is to remain in force, which must not
be more than 48 hours.
(7) A judicial officer of a particular State or Territory may issue a
warrant in respect of the seizure of goods on or in premises in another State or
Territory.
(1) A seizure warrant that is in force under section 203DA in
relation to premises authorises the executing officer or a person
assisting:
(a) to enter the warrant premises; and
(b) to search for the goods described in the warrant; and
(c) to seize the goods described in the warrant; and
(d) to seize other goods:
(i) that are found on or in the premises in the course of searching for
the goods the subject of the warrant; and
(ii) that the executing officer or a person assisting believes on
reasonable grounds to be special forfeited goods.
(2) Without limiting the generality of the powers conferred by a warrant
issued in respect of premises that are not a conveyance or a container, the
warrant extends to every conveyance or container on the premises.
(3) Without limiting the generality of the powers conferred by a warrant
issued in respect of premises that are a conveyance, the warrant:
(a) permits entry of the conveyance, wherever it is; and
(b) extends to every container on the conveyance.
(4) A warrant issued in respect of premises that are a container permits
entry of the container, wherever it is, to the extent that it is of a size
permitting entry.
(5) If the warrant states that it may be executed only during particular
hours, the warrant must not be executed outside those hours.
21 Subsection 203G(5) (paragraph (a) of the
definition of a copy of the warrant)
Omit “198 or 203”, substitute “198, 203 or
203DA”.
22 Subsection 203K(5)
Omit “198(1) or 203(1)”, substitute “198(1), 203(1) or
203DA(1)”.
23 Subsection 203M(4)
Omit “198 or 203”, substitute “198, 203 or
203DA”.
24 Before section 203T
Insert (in Subdivision G):
This Subdivision does not apply to goods that have been seized under a
seizure warrant under section 203DA, except for goods seized under
paragraph 203DB(1)(d) (which covers goods suspected of being special forfeited
goods).
Note: For seized transit goods, see Subdivision
GA.
25 After Subdivision G of Division 1 of
Part XII
Insert:
This Subdivision applies to goods that have been seized under a seizure
warrant under section 203DA, except for goods seized under paragraph
203DB(1)(d) (which covers goods suspected of being special forfeited
goods).
Note: For other kinds of seized goods, see Subdivision
G.
An officer of Customs who seizes any goods to which this Subdivision
applies must, as soon as practicable, take the goods to a place approved by a
Collector as a place for the storage of goods of that kind.
(1) The officer must serve, within 7 days after the seizure, a seizure
notice on the owner of the goods or, if the owner cannot be identified after
reasonable inquiry, on the person in whose possession or under whose control the
goods were when they were seized.
(2) Subsection (1) applies whether or not an application for the
return of the goods seized has been made under section 209F.
(3) The notice must be in writing and must be served:
(a) personally or by post; or
(b) if no person of the kind referred to in subsection (1) can be
identified after reasonable inquiry—by publishing a copy of the notice in
a newspaper circulating in the location in which the goods were
seized.
(4) A seizure notice may be served on a person who is outside
Australia.
A seizure notice must set out the following:
(a) a statement identifying the goods;
(b) the day on which they were seized;
(c) the ground, or each of the grounds, on which they were
seized;
(d) a statement that, if an application for the return of the goods has
not already been made, and is not made within 30 days after the day the notice
is served, the goods will be taken to be condemned as forfeited to the
Crown.
(1) The owner of the goods may, whether or not a seizure notice has yet
been served on the owner, apply to a court of competent jurisdiction for the
return of the goods.
(2) An application must be made no later than 30 days after a seizure
notice is issued in respect of the goods.
(3) If the court finds that:
(a) the goods are not goods of the kind mentioned in subsection 203DA(1);
and
(b) the goods were not used or otherwise involved in the commission of an
offence against any law of the Commonwealth, a State or a Territory;
and
(c) the person is the rightful owner of the goods;
the court must order that the goods be returned to the owner.
(4) Goods required to be so returned are required to be returned in a
condition as near as practicable to the condition in which they were
seized.
(5) If the court finds otherwise than as mentioned in subsection (3),
the goods are condemned as forfeited to the Crown.
If:
(a) a seizure notice has been served; and
(b) at the end of 30 days after the day on which the notice was served, no
application has been made for return of the goods;
the goods are condemned as forfeited to the Crown.
(1) Despite the disposal or destruction of goods taken to be condemned as
forfeited to the Crown because no application for their return was made, a
person may apply to a court of competent jurisdiction under this section for
compensation.
(2) A right to compensation exists if:
(a) the goods are not goods of the kind mentioned in subsection 203DA(1);
and
(b) the goods were not used or otherwise involved in the commission of an
offence against any law of the Commonwealth, a State or a Territory;
and
(c) the person establishes, to the satisfaction of the court:
(i) that he or she is the rightful owner of the goods; and
(ii) that there were circumstances providing a reasonable excuse for the
failure to apply for the return of the goods not later than 30 days after the
day the seizure notice was served.
(3) If a right to compensation exists under subsection (2), the court
must order the payment by the Commonwealth to the person of an amount equal
to:
(a) if the goods have been sold—the proceeds of the sale;
and
(b) if the goods have been destroyed or otherwise disposed of—the
goods’ market value at the time of their destruction or
disposal.
When goods are condemned as forfeited to the Crown under this
Subdivision, the title to the goods immediately vests in the Commonwealth to the
exclusion of all other interests in the goods, and the title cannot be called
into question.
(1) If the CEO or a Regional Director for a State or Territory is
satisfied that the retention of goods seized would constitute a danger to public
health or safety, the CEO or Regional Director may cause the goods to be dealt
with in such manner as he or she considers appropriate (including the
destruction of the goods).
(2) As soon as practicable, but not later than 7 days after the goods have
been dealt with, the CEO or Regional Director concerned must give or publish a
notice in accordance with subsection (4).
(3) The notice must be in writing and must be served:
(a) personally or by post on the owner of the goods or, if the owner
cannot be identified after reasonable inquiry, on the person in whose possession
or under whose control the goods were when they were seized; or
(b) if no person of the kind referred to in paragraph (a) can be
identified after reasonable inquiry—by publishing a copy of the notice in
a newspaper circulating in the location in which the goods were
seized.
(4) The notice must:
(a) identify the goods; and
(b) state that the goods have been seized under a seizure warrant under
section 203DA and give the reason for the seizure; and
(c) state that the goods have been dealt with under subsection (1)
and specify the manner in which they have been so dealt with and the reason for
doing so; and
(d) set out the terms of subsection (5).
(5) If goods are dealt with in accordance with subsection (1), the
owner of the goods may bring an action against the Commonwealth in a court of
competent jurisdiction for the recovery of the market value of the goods at the
time they were so dealt with.
(6) A right to recover the market value of the goods at the time they were
dealt with in accordance with subsection (1) exists if:
(a) the goods were not goods of the kind mentioned in subsection 203DA(1);
and
(b) the goods were not used or otherwise involved in the commission of an
offence against any law of the Commonwealth, a State or a Territory;
and
(c) the owner of the goods establishes, to the satisfaction of the Court,
that the circumstances for them to be so dealt with did not exist.
(7) If a person establishes a right to recover the market value of the
goods at the time they were dealt with, the Court must order the payment by the
Commonwealth of an amount equal to that value at that time.
(1) All goods that are condemned as forfeited to the Crown under this
Subdivision must be dealt with and disposed of in accordance with the directions
of the CEO.
(2) In particular, the CEO may direct that the goods be given to a
relevant authority of a foreign country in order that the goods be used in an
investigation or prosecution under the laws of that country.
(3) Subsection (2) does not limit the generality of
subsection (1).
For the purposes of the application of section 29 of the Acts
Interpretation Act 1901 to the service by post of a seizure notice under
section 209D or a notice under subsection 209J(3) on a person, such a
notice posted as a letter addressed to that person at the last address of that
person known to the sender is taken to be properly addressed.
26 Paragraph 229(1)(bb)
After “section 206”, insert “or
209J”.
27 Paragraph 229(1)(bb)
After “section 208D”, insert “or
209K”.
Part 2—Amendments
commencing second
28 Subsection 4(1) (definition of cargo
report)
Omit all the words after “the cargo”, substitute “to be
unloaded from, or kept on board, a ship at a port or an aircraft at an
airport.”.
29 After subsection 64AB(2)
Insert:
(2A) If the ship or aircraft is due to arrive at its first port, or
airport, in Australia since it last called at a port, or departed from an
airport, outside Australia, each cargo reporter must report to Customs, in
accordance with this section, particulars of all goods that the cargo reporter
has arranged to be carried on the ship or aircraft and that are intended to be
kept on board the ship or aircraft for shipment on to a place outside Australia,
other than:
(a) goods that are accompanied personal or household effects of a
passenger or member of the crew; or
(b) ship’s stores or aircraft’s stores.
30 Paragraph 64AB(5)(a)
Before “the reference”, insert “in the case of a report
under subsection (2)—”.
31 After paragraph
64AB(5)(a)
Insert:
(aa) in the case of a report under subsection (2A)—the
reference in the form or statement to the consignor of goods is a reference to a
supplier of goods who is located outside Australia and:
(i) initiates the sending of goods to a person in a place outside
Australia; or
(ii) complies with a request from a person in a place outside Australia to
send goods to the person; and
32 Paragraph 64AB(5)(b)
Before “the reference”, insert “in any
case—”.
1 Section 63A
Insert:
cargo, in relation to a ship or aircraft,
includes any mail carried on the ship or aircraft.
2 Section 63A
Insert:
mail, in relation to a ship or aircraft, means:
(a) any goods consigned through the Post Office that are carried on
the ship or aircraft; and
(b) any other correspondence carried on the ship or aircraft that is not
consigned as cargo and that is not accompanied personal or household effects of
a passenger or member of the crew.
Note: Correspondence covered by paragraph (b) would
include, for example, an airline’s inter-office correspondence that is
carried on one of the airline’s aircraft and that is not consigned as
cargo.
3 After subsection 64AB(3A)
Insert:
(3AAA) Despite subsection (3A), to the extent that a cargo report
relates to mail that is intended to be unshipped in Australia, the report must
be made to Customs by computer.
4 After subsection 64ABA(1)
Insert:
(1A) Despite subsection (1), to the extent that a variation of a
cargo report relates to mail that is intended to be unshipped in Australia, the
variation must be communicated to Customs by computer, as if subsection 64AB(5)
applied to the variation.
1 Subsection 4(1)
Insert:
approved statement means a statement approved under
section 4A.
2 Subsection 4(1)
Insert:
arrival means:
(a) in relation to a ship—the securing of the ship for the loading
or unloading of passengers, cargo or ship’s stores; or
(b) in relation to an aircraft—the aircraft coming to a stop after
landing.
3 Subsection 4(1) (definition of
electronic)
Repeal the definition, substitute:
electronic, in relation to a communication, means the
transmission of the communication by computer.
4 Subsection 4(1)
Insert:
operator of a ship or aircraft for a particular voyage or
flight means:
(a) the shipping line or airline responsible for the operation of the ship
or aircraft for the voyage or flight; or
(b) if there is no such shipping line or airline, or no such shipping line
or airline that is represented by a person in Australia—the master of the
ship or the pilot of the aircraft.
5 Sections 64AC and
64AD
Repeal the sections, substitute:
Obligation to report on passengers
(1) The operator of a ship or aircraft that is due to arrive, from a place
outside Australia, at a port or airport in Australia (whether it is the first or
any subsequent port or airport of the voyage or flight) must report to Customs
on the passengers who will be on board the ship or aircraft at the time of its
arrival at the port or airport.
Note 1: This obligation (and the obligation in
subsection (11)) must be complied with even if the information concerned is
personal information (as defined in the Privacy Act
1988).
Note 2: See also section 64ACC, which deals with what
happens if information has already been reported to the Migration
Department.
Note 3: Section 64ACD contains an offence for failure
to comply with this subsection.
How report is to be given—certain operators to use an approved
electronic system
(2) If one of the following paragraphs applies, the operator must give the
report by the electronic system approved for the operator for the purposes of
this subsection:
(a) the ship is on a voyage for transporting persons:
(i) that is provided for a fee payable by those using it; and
(ii) the operator of which is prescribed by the regulations;
and the CEO has, in writing, approved an electronic system for the
operator for the purposes of this subsection;
(b) the aircraft is on a flight that is provided as part of an airline
service:
(i) that is provided for a fee payable by those using it; and
(ii) that is provided in accordance with fixed schedules to or from fixed
terminals over specific routes; and
(iii) that is available to the general public on a regular
basis;
and the CEO has, in writing, approved an electronic system for the
operator for the purposes of this subsection.
Note 1: An instrument approving an electronic system can be
varied or revoked under subsection 33(3) of the Acts Interpretation Act
1901.
Note 2: An instrument approving an electronic system, or a
variation or revocation of such an instrument, is a disallowable
instrument—see subsection (10).
(3) However, if the approved electronic system is not working, then the
operator must give the report as if subsection (4) applied.
How report to is be given—other operators
(4) The operator of any other ship or aircraft may give the report by
document or electronically.
Deadline for giving report—ships
(5) If the report relates to a ship, it must be given not later
than:
(a) if the journey from the last port outside Australia is likely to take
not less than 48 hours—48 hours; or
(b) if the journey from the last port outside Australia is likely to take
less than 48 hours—24 hours;
before the time stated in the report made under section 64 to be the
estimated time of arrival of the ship.
Deadline for giving report—aircraft
(6) If the report relates to an aircraft, it must be given not later
than:
(a) if the flight from the last airport outside Australia is likely to
take not less than 3 hours—3 hours; or
(b) if the flight from the last airport outside Australia is likely to
take less than 3 hours—one hour;
before the time stated in the report made under section 64 to be the
estimated time of arrival of the aircraft.
Other requirements for documentary reports
(7) If the report is given by document, it must:
(a) be in writing; and
(b) be in an approved form; and
(c) contain such information as is required by the form; and
(d) be signed in a manner specified in the form; and
(e) be communicated to Customs by sending or giving it to an officer doing
duty in relation to the reporting of ships or aircraft at the port or airport at
which the ship or aircraft is expected to arrive.
Other requirements for electronic reports
(8) If the report is given electronically (whether or not by an electronic
system approved for the purposes of subsection (2)), it must communicate
such information as is set out in an approved statement.
Different forms and statements for different circumstances
etc.
(9) The CEO may approve different forms for documentary reports, and
different statements for electronic reports, to be made under
subsections (7) and (8) in different circumstances, by different kinds of
operators of ships or aircraft or in respect of different kinds of ships or
aircraft.
Approvals of electronic systems for the purposes of subsection (2)
are disallowable instruments
(10) An instrument of approval of an electronic system for the purposes of
subsection (2), or a variation or revocation of such an instrument, is a
disallowable instrument for the purposes of section 46A of the Acts
Interpretation Act 1901.
Obligation to pass information on to Migration Department
(11) 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.
Purpose for which information obtained
(12) Information obtained by Customs:
(a) under this section; or
(b) under subsection 245L(6) of the Migration Act 1958;
is taken to be obtained by Customs 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.
Obligation to report on crew
(1) The operator of a ship or aircraft that is due to arrive, from a place
outside Australia, at a port or airport in Australia (whether it is the first or
any subsequent port or airport of the voyage or flight) must, in accordance with
this section, report to Customs on the crew who will be on board the ship or
aircraft at the time of its arrival at the port or airport.
Note 1: This obligation (and the obligation in
subsection (8)) must be complied with even if the information concerned is
personal information (as defined in the Privacy Act
1988).
Note 2: See also section 64ACC, which deals with what
happens if information has already been reported to the Migration
Department.
Note 3: Section 64ACD contains an offence for failure
to comply with this subsection.
How report is to be given
(2) The operator may give the report by document or
electronically.
Deadline for giving report
(3) The report must be made during the period within which a report under
section 64 of the impending arrival of the ship or aircraft is required to
be made.
(4) However, a report in respect of an aircraft must not be made before
the date of departure of the aircraft from the last airport outside
Australia.
Other requirements for documentary reports
(5) If the report is given by document, it must:
(a) be in writing; and
(b) be in an approved form; and
(c) contain such information as is required by the form; and
(d) be signed in a manner specified in the form; and
(e) be communicated to Customs by sending or giving it to an officer doing
duty in relation to the reporting of ships or aircraft at the port or airport at
which the ship or aircraft is expected to arrive.
Other requirements for electronic reports
(6) If the report is given electronically, it must communicate such
information as is set out in an approved statement.
Different forms and statements for different circumstances
etc.
(7) The CEO may approve different forms for documentary reports, and
different statements for electronic reports, to be made under
subsections (5) and (6) in different circumstances, by different kinds of
operators of ships or aircraft or in respect of different kinds of ships or
aircraft.
Obligation to pass information on to Migration Department
(8) As soon as practicable after information is reported under this
section, the Australian Customs Service must provide the information to the
Department administered by the Minister who administers the Migration Act
1958.
Purpose for which information obtained
(9) Information obtained by Customs:
(a) under this section; or
(b) under subsection 245L(6) of the Migration Act 1958;
is taken to be obtained by Customs 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.
(1) If:
(a) both:
(i) section 64ACA or 64ACB of this Act; and
(ii) section 245L of the Migration Act 1958;
require the same piece of information in relation to particular
passengers or crew on a particular voyage or flight to be reported;
and
(b) the operator has reported that piece of information in relation to
those passengers or crew in accordance with that section of the Migration Act
1958;
the operator is then taken not to be required by section 64ACA or
64ACB of this Act (as the case requires) to report the same piece of information
in relation to those passengers or crew.
Note: This may mean that no report at all is required under
this Act.
(2) However, subsection (1) only applies if the report under the
Migration Act 1958 relates to the arrival of the ship or aircraft at the
same port or airport for which this Act requires a report.
Note: So, for example, if a report under the Migration
Act 1958 is given for a ship’s or aircraft’s arrival in an
external Territory that is not part of Australia for the purposes of this Act,
subsection (1) does not apply and a complete report under this Act is
required (even if some of the same passengers or crew are still on
board).
(1) An operator of a ship or aircraft who intentionally contravenes
section 64ACA or 64ACB commits an offence punishable, on conviction, by a
penalty not exceeding 120 penalty units.
(2) An operator of a ship or aircraft who contravenes section 64ACA
or 64ACB commits an offence punishable, on conviction, by a penalty not
exceeding 60 penalty units.
(3) An offence against subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
(1) For the purposes of this Act, a documentary report that is sent or
given to Customs in accordance with section 64, 64AA, 64AB, 64ACA or 64ACB
may be sent or given in any prescribed manner and, when so sent or given, is
taken to have been communicated to Customs when it is received by
Customs.
(2) For the purposes of this Act, a report that is sent electronically to
Customs under section 64, 64AA, 64AB, 64ACA or 64ACB is taken to have been
communicated to Customs when an acknowledgment of the report is sent to the
person identified in the report as the person sending it.
6 Saving—regulations
Regulations that were in effect for the purposes of section 64AD of
the Customs Act 1901 immediately before the commencement of this item
continue to have effect after that time as if they had been made for the
purposes of section 64ACE of that Act, as in force after that
time.
7 Subsection 64AE(1)
Omit “64AB or 64AC”, substitute “64AB, 64ACA or
64ACB”.
8 Subsection 64AE(2)
Omit “64AB or 64AC”, substitute “64AB, 64ACA or
64ACB”.
9 After Division 12A of
Part 2
Insert:
(1) In this Division:
approved fall-back reporting system means a system approved
under section 245K.
approved primary reporting system means a system approved
under section 245J.
approved primary reporting system for crew, for an aircraft
or ship of a kind to which this Division applies, means the system
approved under section 245J for reporting on crew on an aircraft or ship of
that kind.
approved primary reporting system for passengers, for an
aircraft or ship of a kind to which this Division applies, means
the system approved under section 245J for reporting on passengers on an
aircraft or ship of that kind.
arrival means:
(a) in relation to an aircraft—the aircraft coming to a stop after
landing; or
(b) in relation to a ship—the securing of the ship for the loading
or unloading of passengers, cargo or ship’s stores.
kind of aircraft or ship to which this Division applies means
a kind of aircraft or ship specified in the regulations as a kind of aircraft or
ship to which this Division applies.
Note: Kind has a meaning affected by
subsection (2).
operator of an aircraft or ship for a particular flight or
voyage means:
(a) the airline or shipping line responsible for the operation of the
aircraft or ship for the flight or voyage; or
(b) if there is no such airline or shipping line, or no such airline or
shipping line that is represented by a person in Australia—the pilot of
the aircraft or the master of the ship.
(2) For the purposes of this Division (and of regulations and approvals
made for the purposes of provisions of this Division), a kind of
aircraft or ship may be identified by reference to matters including all or any
of the following:
(a) the type, size or capacity of the aircraft or ship;
(b) the kind of operation or service the aircraft or ship is engaged in on
the flight or voyage to Australia;
(c) other circumstances related to the aircraft or ship or its use, or
related to the operator of the aircraft or ship.
(1) The Secretary must, for each kind of aircraft or ship to which this
Division applies, approve in writing a system for the purposes of reporting
under this Division. The system may be an electronic system or a system
requiring reports to be provided in documentary form.
Note 1: An approval under this subsection can be varied or
revoked under subsection 33(3) of the Acts Interpretation Act
1901.
Note 2: It is anticipated that, ultimately, documentary
systems will be phased out and all approved systems will be electronic
systems.
(2) Under subsection (1), the Secretary may, for a kind of aircraft
or ship, approve a single system for reporting on both passengers and crew or
may approve one system for reporting on passengers, and another system for
reporting on crew.
(3) The instrument of approval of a system for reporting on passengers or
crew must also specify the information about passengers or crew that is to be
reported by that system.
(4) An instrument of approval under this section, or a variation or
revocation of such an instrument, is a disallowable instrument for the purposes
of section 46A of the Acts Interpretation Act 1901.
(1) The Secretary must, in writing, approve one or more systems as
fall-back reporting systems. A system may be an electronic system or a system
requiring reports to be provided in documentary form.
Note: An approval under this subsection can be varied or
revoked under subsection 33(3) of the Acts Interpretation Act
1901.
(2) The instrument of approval of a system must also specify the
information about passengers or crew that is to be reported by that
system.
(3) An instrument of approval under this section, or a variation or
revocation of such an instrument, is a disallowable instrument for the purposes
of section 46A of the Acts Interpretation Act 1901.
Aircraft and ships to which section applies
(1) This section applies to an aircraft or ship of a kind to which this
Division applies that is due to arrive at an airport or port in Australia from a
place outside Australia.
Obligation to report on passengers and crew
(2) The operator of the aircraft or ship must, in accordance with this
section:
(a) report to the Department, using the approved primary reporting system
for passengers, on the passengers who will be on board the aircraft or ship at
the time of its arrival at the airport or port; and
(b) report to the Department, using the approved primary reporting system
for crew, on the crew who will be on board the aircraft or ship at the time of
its arrival at the airport or port.
Note 1: This obligation (and the obligation in
subsection (6)) must be complied with even if the information concerned is
personal information (as defined in the Privacy Act
1988).
Note 2: Section 245N contains an offence for failure to
comply with this subsection.
Information to be reported
(3) A report on passengers or crew under subsection (2) must include
the information relating to those passengers or crew that is specified, as
mentioned in subsection 245J(3), in relation to the relevant approved primary
reporting system.
Deadline for reporting—aircraft
(4) A report on passengers or crew on an aircraft must be given not later
than:
(a) if the flight from the last airport outside Australia is likely to
take not less than 3 hours—3 hours before the aircraft’s likely time
of arrival at the airport in Australia; or
(b) if the flight from the last airport outside Australia is likely to
take less than 3 hours—one hour before the aircraft’s likely time of
arrival at the airport in Australia.
Deadline for reporting—ships
(5) A report on passengers or crew on a ship must be given not later
than:
(a) if the journey from the last port outside Australia is likely to take
not less than 48 hours—48 hours before the ship’s likely time of
arrival at the port in Australia; or
(b) if the journey from the last port outside Australia is likely to take
less than 48 hours—24 hours before the ship’s likely time of arrival
at the port in Australia.
Obligation to pass information on to Australian Customs
Service
(6) As soon as practicable after information is reported under this
section, the Department must provide the information to the Australian Customs
Service.
Purpose for which information obtained
(7) Information obtained by the Department:
(a) under this section; or
(b) under subsection 64ACA(11) or 64ACB(8) of the Customs Act
1901;
is taken to be obtained by the Department for the purposes of the
administration of this Act, the Customs Act 1901, and any other law of
the Commonwealth prescribed by regulations for the purposes of this
subsection.
(1) This section applies if:
(a) the approved primary reporting system for reporting on passengers or
crew on an aircraft or ship is an electronic system; and
(b) either:
(i) the operator of the aircraft or ship cannot report on some or all of
the passengers or crew (the relevant passengers or crew) using the
approved primary reporting system because the system is not working;
or
(ii) the Secretary permits the operator of the aircraft or ship to report
on some or all of the passengers or crew (the relevant passengers or
crew) using an approved fall-back reporting system.
(2) Section 245L applies in relation to the relevant passengers or
crew as if:
(a) the reference in paragraph 245L(2)(a) or (b) to the approved primary
reporting system for passengers, or the approved primary reporting system for
crew, were instead a reference to an approved fall-back reporting system;
and
(b) the reference in subsection 245L(3) to the information that is
specified, as mentioned in subsection 245J(3), in relation to the relevant
approved primary reporting system were instead a reference to the information
that is specified, as mentioned in subsection 245K(2), in relation to the
approved fall-back reporting system that the operator uses in relation to the
relevant passengers or crew.
(1) An operator of an aircraft or ship who intentionally contravenes
subsection 245L(2) commits an offence punishable, on conviction, by a penalty
not exceeding 120 penalty units.
(2) An operator of an aircraft or ship who contravenes subsection 245L(2)
commits an offence punishable, on conviction, by a penalty not exceeding 60
penalty units.
(3) An offence against subsection (2) is an offence of strict
liability.
Note: For strict liability, see
section 6.1 of the Criminal Code.
Customs Legislation
Amendment and Repeal (International Trade Modernisation) Act
2001
10 Item 92 of
Schedule 3
Repeal the item.
11 Item 95 of
Schedule 3
Repeal the item.
12 Item 102 of
Schedule 3
Repeal the item.
13 Item 107 of
Schedule 3
Repeal the item.
14 Item 122 of
Schedule 3
Repeal the item, substitute:
122 Subsection 64ACE(1)
After “64AA,”, insert “64AAA,”.
122A Subsection 64ACE(2)
Omit “to Customs under section 64, 64AA, 64AB,”,
substitute “to Customs under section 64, 64AA, 64AAA, 64AAB, 64AAC,
64AB, 64ABAA,”.
15 Items 124 and 125 of
Schedule 3
Repeal the items, substitute:
124 Subsection 64AE(1)
After “64AA,”, insert “64AAA,”.
125 Subsection 64AE(2)
After “64AA,”, insert “64AAA,”.
16 Part 1 of the Dictionary at the end of
the Act (subparagraph (b)(i) of the definition of Commonwealth
document)
Omit “crew and passengers”, substitute “passengers or
crew”.
17 Part 1 of the Dictionary at the end of
the Act (subparagraph (b)(i) of the definition of Commonwealth
document)
Omit “section 64AC”, substitute “section 64ACA
or 64ACB”.
18 Part 1 of the Dictionary at the end of
the Act (after subparagraph (b)(i) of the definition of Commonwealth
document)
Insert:
(ia) a report relating to the passengers or crew on an aircraft or ship
that has been communicated to the Department administered by the Minister who
administers the Migration Act 1958 under Division 12B of Part 2
of that Act;
1 After section 64AE
Insert:
(1) An operator of an international passenger air service commits an
offence if:
(a) the operator receives a request from the CEO to allow authorised
officers ongoing access to the operator’s passenger information in a
particular manner and form; and
(b) the operator fails to provide that access in that manner and
form.
Note 1: For operator, international
passenger air service and passenger information, see
subsection (6).
Note 2: The obligation to provide access must be complied
with even if the information concerned is personal information (as defined in
the Privacy Act 1988).
Penalty: 50 penalty units.
(2) An operator of an international passenger air service does not commit
an offence against subsection (1) at a particular time if, at that time,
the operator cannot itself access the operator’s passenger
information.
Note 1: For example, the operator cannot access the
operator’s passenger information if the operator’s computer system
is not working.
Note 2: A defendant bears an evidential burden in relation
to the matter in subsection (2) (see subsection 13.3(3) of the Criminal
Code).
(3) An operator of an international passenger air service commits an
offence if the operator fails to provide an authorised officer to whom the
operator is required to allow access in accordance with subsection (1) with
all reasonable facilities, and assistance, necessary to obtain information by
means of that access and to understand information obtained.
Penalty: 50 penalty units.
(4) An operator of an international passenger air service does not commit
an offence against subsection (3) if the operator had a reasonable excuse
for failing to provide the facilities and assistance in accordance with that
subsection.
Note: A defendant bears an evidential burden in relation to
the matter in subsection (4) (see subsection 13.3(3) of the Criminal
Code).
(5) An authorised officer must only access an operator’s passenger
information for the purposes of performing his or her functions in accordance
with:
(a) this Act; or
(b) a law of the Commonwealth prescribed by regulations for the purposes
of this paragraph.
(6) In this section:
Australian international flight means a flight:
(a) from a place within Australia to a place outside Australia;
or
(b) from a place outside Australia to a place within Australia.
international passenger air service means a service of
providing air transportation of people:
(a) by means of Australian international flights (whether or not the
operator also operates domestic flights or other international flights);
and
(b) for a fee payable by people using the service; and
(c) in accordance with fixed schedules to or from fixed terminals over
specific routes; and
(d) that is available to the general public on a regular basis.
operator, in relation to an international passenger air
service, means a person who conducts, or offers to conduct, the
service.
passenger information, in relation to an operator of an
international passenger air service, means any information the operator of the
service keeps electronically relating to:
(a) flights scheduled by the operator (including information about
schedules, departure and arrival terminals, and routes); and
(b) payments by people of fees relating to flights scheduled by the
operator; and
(c) people taking, or proposing to take, flights scheduled by the
operator; and
(d) passenger check-in, and seating, relating to flights scheduled by the
operator; and
(e) numbers of passengers taking, or proposing to take, flights scheduled
by the operator; and
(f) baggage, cargo or anything else carried, or proposed to be carried, on
flights scheduled by the operator and the tracking and handling of those things;
and
(g) itineraries (including any information about things other than flights
scheduled by the operator) for people taking, or proposing to take, flights
scheduled by the operator.
Note: The flights referred to are any flights scheduled by
the operator (not just Australian international flights).
1 After section 167A
Insert:
(1) This section applies if AFMA has any information relating to boats
that AFMA got by means of a vessel monitoring system (see
subsection (4)).
(2) AFMA may give information of that kind to the Australian Customs
Service (Customs) if AFMA, having had regard to any advice
received from Customs, considers that giving Customs the information would help
Customs to perform a function or activity of Customs that relates to civil
surveillance.
(3) This section does not, by implication, affect any other power of AFMA
to give information.
(4) In this section:
vessel monitoring system means a system in which boats are
fitted with an electronic device that can give information about the
boats’ course or position, or other such information.
1 Subsection 4(1) (after paragraph (b) of
the definition of Officer of Customs)
Insert:
or (ba) 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 in
writing by the CEO under this Act for the purposes of this paragraph, even if
the office or position does not come into existence until after the CEO has
specified it;
2 Subsection 4(1) (paragraphs (c) and (d)
of the definition of Officer of Customs)
Repeal the paragraphs, substitute:
(c) in relation to a provision of a Customs Act (other than a diesel fuel
rebate provision)—a person:
(i) authorised in writing by the CEO under this Act to perform the
functions of an officer of Customs under that provision; or
(ii) 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 in
writing by the CEO under this Act in relation to that provision, even if the
office or position does not come into existence until after the CEO has
specified it; or
(d) in relation to a power conferred by a provision of a Customs Act
(other than a diesel fuel rebate provision)—a person:
(i) authorised in writing by the CEO under this Act to perform the
functions of an officer of Customs in relation to the exercise of that power;
or
(ii) 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 in
writing by the CEO under this Act in relation to the exercise of that power,
even if the office or position does not come into existence until after the CEO
has specified it.
3 Saving—existing authorisations remain in
effect
An authorisation that was in effect for the purposes of paragraph (c)
or (d) of the definition of Officer of Customs in subsection 4(1)
of the Customs Act 1901 immediately before the commencement of this
Schedule continues in effect after that time as though it had been made for the
purposes of subparagraph (c)(i) or (d)(i) (respectively) of that definition
as amended by this Schedule.
1 Subsection 189A(1)
Repeal the subsection, substitute:
(1) Subject to any directions from the CEO, an authorised arms issuing
officer:
(a) may issue approved firearms and other approved items of personal
defence equipment to officers authorised to carry arms, for the purpose
of:
(i) enabling the use, by such officers, of a firearm in the circumstances
set out in subsection 184B(6) or 184C(3); or
(ii) enabling the safe exercise, by such officers, of powers conferred on
them under this Act or any other Act; and
(b) must take all reasonable steps to ensure that approved firearms, and
other approved items of personal defence equipment, that are available for issue
under paragraph (a), are kept in secure storage at all times when not
required for use.
2 Subsection 189A(5)
Insert:
authorised arms issuing officer means an officer of Customs
authorised, in writing, by the CEO to exercise the powers or perform the
functions of an authorised arms issuing officer under this section.
3 Subsection 189A(5) (definition of Customs
vessel)
Repeal the definition.
4 Subsection 189A(5)
Insert:
officer authorised to carry arms means an officer of Customs
who is authorised, in writing, by the CEO to use approved firearms and approved
items of personal defence equipment issued by an authorised arms issuing officer
for either or both of the purposes specified in subparagraphs (1)(a)(i) and
(ii) of this section.
1 Subsection 210(1A)
Omit “the offence of assaulting an officer in the execution of his
duties”, substitute “an offence against section 147.1, 147.2 or
149.1 of the Criminal Code in relation to a Customs
Officer”.
Customs Administration Act
1985
1 Subsection 16(1A) (definition of
Commonwealth agency)
Repeal the definition, substitute:
Commonwealth agency means any instrumentality or agency of
the Crown in right of the Commonwealth and includes:
(a) a department of the public service of the Commonwealth; and
(b) any body corporate in which the Commonwealth holds a controlling
interest; and
(c) the Australian Bureau of Criminal Intelligence;
but does not include a Minister of the Crown in right of the
Commonwealth.
1 Subsection 209(1)
Omit “(o), (p) or (q)”, substitute “(o), (p), (q) or
(qa)”.
2 After paragraph 229(1)(q)
Insert:
(qa) If unaccompanied personal or household effects of a person are
imported into Australia—all dutiable goods that are found among those
effects, where the person has denied that there are any dutiable goods among the
effects, or after having been questioned by an officer has not fully disclosed
that there are such goods among the effects.