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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment Bill 2014
No. , 2014
(Immigration and Border Protection)
A Bill for an Act to amend the Customs Act 1901,
and for related purposes
No. , 2014
Customs Amendment Bill 2014
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedule(s) ........................................................................................ 1
Schedule 1--Amendments
3
Customs Act 1901
3
No. , 2014
Customs Amendment Bill 2014
1
A Bill for an Act to amend the Customs Act 1901,
1
and for related purposes
2
The Parliament of Australia enacts:
3
1 Short title
4
This Act may be cited as the Customs Amendment Act 2014.
5
2 Commencement
6
This Act commences on the day after this Act receives the Royal
7
Assent.
8
3 Schedule(s)
9
Each Act that is specified in a Schedule to this Act is amended or
10
repealed as set out in the applicable items in the Schedule
11
2
Customs Amendment Bill 2014
No. , 2014
concerned, and any other item in a Schedule to this Act has effect
1
according to its terms.
2
Amendments Schedule 1
No. , 2014
Customs Amendment Bill 2014
3
Schedule 1
--Amendments
1
2
Customs Act 1901
3
1 Subsection 4(1) (at the end of the definition of authorised
4
officer)
5
Add:
6
Note:
See also subsection (1A).
7
2 Subsection 4(1) (after paragraph (a) of the definition of
8
designated place)
9
Insert:
10
(aa) a place to which a ship or aircraft has been brought because
11
of stress of weather or other reasonable cause as mentioned
12
in subsection 58(1), while that ship or aircraft remains at that
13
place; or
14
3 Subsection 4(1) (paragraph (f) of the definition of
15
designated place)
16
After "paragraph (a),", insert "(aa),".
17
4 After subsection 4(1)
18
Insert:
19
(1A) If:
20
(a) the CEO gives an authorisation under the definition of
21
authorised officer in subsection (1); and
22
(b) the authorisation is for officers of Customs from time to time
23
holding, occupying or performing the duties of specified
24
offices or positions to exercise the powers or perform the
25
functions of an authorised officer under specified sections of
26
this Act;
27
then the authorisation extends to such an office or position that
28
comes into existence after the authorisation is given.
29
5 Section 31
30
Repeal the section, substitute:
31
Schedule 1 Amendments
4
Customs Amendment Bill 2014
No. , 2014
31 Goods on ships and aircraft subject to Customs control
1
All goods on board any ship or aircraft from a place outside
2
Australia are subject to the control of the Customs while the ship or
3
aircraft:
4
(a) is within the limits of any port or airport in Australia; or
5
(b) is at a place to which the ship or aircraft has been brought
6
because of stress of weather or other reasonable cause as
7
mentioned in subsection 58(1); or
8
(c) is at a place that is the subject of a permission under
9
subsection 58(2).
10
6 Subsection 64AA(3)
11
Omit "The report", substitute "Subject to subsection (3A), the report".
12
7 After subsection 64AA(3)
13
Insert:
14
(3A) The CEO may, by legislative instrument, determine that reports for
15
specified ships, or specified aircraft, in specified circumstances
16
must be made before a specified time or before the occurrence of a
17
specified event. Such reports must be made in accordance with the
18
instrument.
19
8 Subsections 64AA(4) and (5)
20
Omit "the report of the arrival of the ship or aircraft", substitute "a
21
report mentioned in subsection (3) or (3A)".
22
9 Subsection 64AAA(3)
23
Omit "The report", substitute "Subject to subsection (3A), the report".
24
10 After subsection 64AAA(3)
25
Insert:
26
(3A) The CEO may, by legislative instrument, determine that reports for
27
specified ships, or specified aircraft, in specified circumstances
28
must be made before a specified time or before the occurrence of a
29
specified event. Such reports must be made in accordance with the
30
instrument.
31
Amendments Schedule 1
No. , 2014
Customs Amendment Bill 2014
5
11 Subsection 64AAA(4)
1
Omit "The report", substitute "A report mentioned in subsection (3) or
2
(3A)".
3
12 At the end of subsection 118(2) (before the note)
4
Add:
5
Note 1:
See subsection (8) for application requirements.
6
13 Subsection 118(2) (note)
7
Omit "Note", substitute "Note 2".
8
14 Subsection 118(3)
9
Repeal the subsection.
10
15 At the end of subsection 118(5)
11
Add:
12
Note 1:
See subsection (8) for application requirements.
13
Note 2:
Section 118A sets out the requirements for granting a Certificate of
14
Clearance in respect of certain ships or aircraft.
15
16 At the end of section 118
16
Add:
17
(8) An application under subsection (2) or (5) must:
18
(a) be in writing; and
19
(b) be in an approved form; and
20
(c) contain such information as the form requires; and
21
(d) be signed in the manner indicated in the form.
22
(9) The CEO may approve different forms for applications to be made
23
under subsection (2) or (5) in different circumstances, by different
24
kinds of masters of ships or pilots of aircraft or in respect of
25
different kinds of ships or aircraft.
26
17 Subsection 127(3)
27
Omit "consented to", substitute "approved".
28
Schedule 1 Amendments
6
Customs Amendment Bill 2014
No. , 2014
18 At the end of section 127
1
Add:
2
(4) An approval under subsection (3) may only be given on application
3
under subsection (5).
4
(5) The master or owner of a ship, or the pilot or owner of an aircraft,
5
may apply for an approval under subsection (3) in respect of the
6
ship or aircraft.
7
(6) An application under subsection (5) must:
8
(a) be in writing; and
9
(b) be in an approved form; and
10
(c) contain such information as the form requires; and
11
(d) be signed in the manner indicated in the form.
12
(7) The CEO may approve different forms for applications to be made
13
under subsection (5) in different circumstances, by different kinds
14
of masters or owners of ships or pilots or owners of aircraft or in
15
respect of different kinds of ships or aircraft.
16
(8) An approval given to a person under subsection (3) is subject to
17
any conditions specified in the approval, being conditions that, in
18
the opinion of the Collector, are necessary for the protection of the
19
revenue of the Customs or for the purpose of ensuring compliance
20
with the Customs Acts.
21
(9) A person commits an offence of strict liability if:
22
(a) the person is the holder of an approval under subsection (3);
23
and
24
(b) the person does an act or omits to do an act; and
25
(c) the act or omission breaches a condition of the approval.
26
Penalty for contravention of this subsection: 60 penalty units.
27
19 Section 128
28
Omit "consent", substitute "approval".
29
20 At the end of subsection 129(1)
30
Add:
31
Note:
See subsection (5) for application requirements.
32
Amendments Schedule 1
No. , 2014
Customs Amendment Bill 2014
7
21 At the end of section 129
1
Add:
2
(5) An application under subsection (1) must:
3
(a) be in writing; and
4
(b) be in an approved form; and
5
(c) contain such information as the form requires; and
6
(d) be signed in the manner indicated in the form.
7
(6) The CEO may approve different forms for applications to be made
8
under subsection (1) in different circumstances, by different kinds
9
of masters or owners of ships or pilots or owners of aircraft or in
10
respect of different kinds of ships or aircraft.
11
22 After subsection 175(3C)
12
Insert:
13
(3D) A permission under subsection (3C) may only be given on
14
application under subsection (3E).
15
(3E) The owner or master of a coastal ship, or the owner or pilot of a
16
coastal aircraft, may apply for a permission under subsection (3C).
17
(3F) An application under subsection (3E) must:
18
(a) be in writing; and
19
(b) be in an approved form; and
20
(c) contain such information as the form requires; and
21
(d) be signed in the manner indicated in the form.
22
(3G) The CEO may approve different forms for applications to be made
23
under subsection (3E) in different circumstances, by different kinds
24
of owners or masters of coastal ships or owners or pilots of coastal
25
aircraft or in respect of different kinds of coastal ships or coastal
26
aircraft.
27
23 Subsection 175(4)
28
Omit "referred to in", substitute "under".
29
24 Subsections 175(5) and (7)
30
Omit "under subsection (4)".
31
Schedule 1 Amendments
8
Customs Amendment Bill 2014
No. , 2014
25 Subsection 183UA(1) (after paragraph (a) of the definition
1
of Customs place)
2
Insert:
3
(aaa) a place to which a ship or aircraft has been brought because
4
of stress of weather or other reasonable cause as mentioned
5
in subsection 58(1), while that ship or aircraft remains at that
6
place; or
7
26 Subsection 183UA(1) (paragraph (i) of the definition of
8
Customs place)
9
After "(a),", insert "(aaa),".
10
27 After section 186
11
Insert:
12
186AA General powers of examination of goods loaded onto or
13
unloaded from ships or aircraft
14
(1) This section applies in relation to the following:
15
(a) a ship or aircraft in respect of a voyage or flight to a place in
16
Australia from a place outside Australia;
17
(b) a ship or aircraft in respect of a voyage or flight to a place
18
outside Australia from a place in Australia.
19
Goods to be loaded onto the ship or aircraft
20
(2) If:
21
(a) an officer has reason to believe that goods are to be loaded
22
onto the ship or aircraft at an examinable place; and
23
(b) the goods are to be unloaded at another examinable place on
24
the same voyage or flight;
25
then:
26
(c) any officer may, subject to subsections (5) and (6), examine
27
the goods while the goods are at the examinable place
28
mentioned in paragraph (a); and
29
(d) the goods are subject to the control of the Customs while the
30
goods are being so examined.
31
Amendments Schedule 1
No. , 2014
Customs Amendment Bill 2014
9
Goods unloaded from the ship or aircraft
1
(3) If:
2
(a) goods are loaded onto the ship or aircraft at an examinable
3
place; and
4
(b) the goods are unloaded from the ship or aircraft at another
5
examinable place on the same voyage or flight;
6
then:
7
(c) any officer may, subject to subsections (5) and (6), examine
8
the goods while the goods are at the examinable place
9
mentioned in paragraph (b); and
10
(d) the goods are subject to the control of the Customs while the
11
goods are being so examined.
12
Rules relating to examination of goods
13
(4) The expense of an examination referred to in subsection (2) or (3),
14
including the cost of removal to the place of examination, is to be
15
borne by the owner of the goods.
16
(5) In the exercise of the power to examine goods, an officer may do,
17
or arrange for another officer or other person having the necessary
18
experience to do, whatever is reasonably necessary to permit the
19
examination of the goods.
20
(6) Without limiting subsection (5), examples of what may be done in
21
the examination of goods include the following:
22
(a) opening any package in which goods are or may be
23
contained;
24
(b) using a device, such as an X-ray machine or ion scanning
25
equipment, on the goods;
26
(c) testing or analysing the goods;
27
(d) measuring or counting the goods;
28
(e) if the goods are a document--reading the document either
29
directly or with the use of an electronic device;
30
(f) using dogs to assist in examining the goods.
31
No limit on other provisions
32
(7) This section does not:
33
Schedule 1 Amendments
10
Customs Amendment Bill 2014
No. , 2014
(a) limit the application of any other provision of this Act that
1
provides for goods to be subject to the control of the
2
Customs; and
3
(b) limit the application of any other provision of this Act that
4
provides for the examination of goods.
5
Definition
6
(8) In this section:
7
examinable place means the following:
8
(a) a port or airport in Australia (whether the first port or airport
9
or any subsequent port or airport on the same voyage or
10
flight);
11
(b) a place to which a ship or aircraft has been brought because
12
of stress of weather or other reasonable cause as mentioned
13
in subsection 58(1);
14
(c) a place that is the subject of a permission under
15
subsection 58(2).
16
28 Paragraph 186A(1)(a)
17
After "section 186", insert "or 186AA".
18
29 Paragraphs 205A(d) and (da)
19
Repeal the paragraphs, substitute:
20
(d) the effect of sections 205B and 205C; and
21
30 Subsection 205B(1)
22
Omit "subsection (1A)", substitute "subsections (1A) and (1B)".
23
31 After subsection 205B(1A)
24
Insert:
25
(1B) Subsection (1A) ceases to apply in relation to the goods if
26
subsection 243Y(1) ceases to apply in relation to the goods because
27
of the operation of subsection 243Y(4).
28
32 Section 205C
29
Before "If", insert "(1)".
30
Amendments Schedule 1
No. , 2014
Customs Amendment Bill 2014
11
33 Paragraph 205C(ba)
1
Repeal the paragraph.
2
34 Paragraph 205C(c)
3
Omit "return of the goods", substitute "the return of the goods and
4
subsection 205B(1A) has not applied in relation to the goods".
5
35 At the end of section 205C
6
Add:
7
(2) If:
8
(a) goods have been seized under a seizure warrant or under
9
subsection 203B(2) or (2A), 203C(2), 203CA(3) or
10
203CB(2); and
11
(b) a seizure notice has been served; and
12
(c) an infringement notice for an offence in relation to the
13
importation of the goods has been given; and
14
(d) the penalty specified in the infringement notice is paid within
15
the period within which, or by the time by which, the penalty
16
is required to be paid; and
17
(e) the infringement notice is withdrawn and, as a result,
18
subsection 205B(1A) ceases to apply in relation to the goods;
19
and
20
(f) at the end of 30 days after the day notice of the withdrawal of
21
the infringement notice is given to the person, no claim has
22
been made for the return of the goods;
23
the goods are taken to be condemned as forfeited to the Crown.
24
36 Paragraph 205D(1)(b)
25
Omit "not later than 30 days after the day the seizure notice was
26
served", substitute "before the end of the 30-day period referred to in
27
paragraph 205C(1)(c) or (2)(f)".
28
37 After subsection 205D(2)
29
Insert:
30
(2A) Paragraph (2)(aa) ceases to apply in relation to the goods if
31
subsection 243Y(1) ceases to apply in relation to the goods because
32
of the operation of subsection 243Y(4).
33
Schedule 1 Amendments
12
Customs Amendment Bill 2014
No. , 2014
38 Subparagraph 205F(2)(c)(ii)
1
Omit "not later than 30 days after the day the seizure notice was
2
served", substitute "before the end of the 30-day period referred to in
3
paragraph 205C(1)(c) or (2)(f) (as the case may be)".
4
39 Paragraph 243Y(1)(b)
5
Omit "goods; and", substitute "goods.".
6
40 Paragraph 243Y(1)(c)
7
Repeal the paragraph.
8
41 At the end of section 243Y
9
Add:
10
(4) Subsections (1) and (2) cease to apply if the infringement notice is
11
withdrawn.
12
42 Application and transitional provisions
13
(1)
The amendment made by item 4 applies in relation to:
14
(a) an authorisation given on or after the commencement of that
15
item; and
16
(b) an authorisation given before the commencement of that item
17
that was in force immediately before that commencement.
18
(2)
Paragraph 31(b) of the Customs Act 1901, as amended by this Act,
19
applies in relation to a ship or aircraft that is at a place on or after the
20
commencement of this item, whether the ship or aircraft is brought to
21
that place before, on or after that commencement.
22
(3)
Paragraph 31(c) of the Customs Act 1901, as amended by this Act,
23
applies in relation to a ship or aircraft that is at a place on or after the
24
commencement of this item, whether the ship or aircraft is brought to
25
that place, and whether the permission is given, before, on or after that
26
commencement.
27
(4)
The amendments made by items 12 to 16 apply in relation to an
28
application made under subsection 118(2) or (5) of the Customs Act
29
1901 on or after the commencement of those items.
30
Amendments Schedule 1
No. , 2014
Customs Amendment Bill 2014
13
(5)
The amendments made by items 17 and 18 apply in relation to an
1
approval given under subsection 127(3) of the Customs Act 1901 on or
2
after the commencement of those items.
3
(6)
A consent in force under subsection 127(3) of the Customs Act 1901
4
immediately before the commencement of this item has effect on and
5
after that commencement as if it were an approval in force under that
6
subsection as amended by this Act.
7
(7)
The amendment made by item 21 applies in relation to an application
8
made under subsection 129(1) of the Customs Act 1901 on or after the
9
commencement of that item.
10
(8)
The amendment made by item 22 applies in relation to a permission
11
given under subsection 175(3C) of the Customs Act 1901 on or after the
12
commencement of that item.
13
(9)
The amendment made by item 27 applies in relation to a voyage or
14
flight that begins on or after the commencement of that item.
15
(10)
The amendments made by items 29, 33 and 34 apply in relation to a
16
seizure notice served on or after the commencement of those items.
17
(11)
The amendments made by items 30, 31, 37 and 41 apply in relation to
18
the withdrawal of an infringement notice on or after the commencement
19
of those items, whether the infringement notice is given before, on or
20
after that commencement.
21
(12)
The amendment made by item 35 applies in relation to the withdrawal
22
of an infringement notice on or after the commencement of that item,
23
whether the infringement notice is given, and whether the seizure notice
24
is served, before, on or after that commencement.
25
(13)
The amendment made by item 36 applies in relation to a claim for the
26
return of goods that is made on or after the commencement of that item.
27
(14)
The amendment made by item 38 applies in relation to an application
28
under subsection 205F(1) of the Customs Act 1901 that is made on or
29
after the commencement of that item.
30
(15)
The amendments made by items 39 and 40 apply in relation to a penalty
31
that is paid on or after the commencement of those items, whether the
32
infringement notice is given before, on or after that commencement.
33