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This is a Bill, not an Act. For current law, see the Acts databases.
2022-2023
The Parliament of the
Commonwealth of Australia
THE SENATE
Presented and read a first time
Customs Amendment (Preventing Child
Labour) Bill 2023
No. , 2023
(Senator Roberts)
A Bill for an Act to amend the
Customs Act 1901
,
and for related purposes
No. , 2023
Customs Amendment (Preventing Child Labour) Bill 2023
i
Contents
1
Short title .............................................................................. 1
2
Commencement .................................................................... 1
3
Schedules .............................................................................. 2
Schedule 1--Amendments
3
Customs Act 1901
3
No. , 2023
Customs Amendment (Preventing Child Labour) Bill 2023
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 is the
Customs Amendment (Preventing Child Labour)
5
Act 2023
.
6
2 Commencement
7
(1) Each provision of this Act specified in column 1 of the table
8
commences, or is taken to have commenced, in accordance with
9
column 2 of the table. Any other statement in column 2 has effect
10
according to its terms.
11
12
2
Customs Amendment (Preventing Child Labour) Bill 2023
No. , 2023
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. The whole of
this Act
The day after the end of the period of 6
months beginning on the day this Act
receives the Royal Assent.
Note:
This table relates only to the provisions of this Act as originally
1
enacted. It will not be amended to deal with any later amendments of
2
this Act.
3
(2) Any information in column 3 of the table is not part of this Act.
4
Information may be inserted in this column, or information in it
5
may be edited, in any published version of this Act.
6
3 Schedules
7
Legislation that is specified in a Schedule to this Act is amended or
8
repealed as set out in the applicable items in the Schedule
9
concerned, and any other item in a Schedule to this Act has effect
10
according to its terms.
11
Amendments
Schedule 1
No. , 2023
Customs Amendment (Preventing Child Labour) Bill 2023
3
Schedule 1--Amendments
1
2
Customs Act 1901
3
1 Subsection 4(1)
4
Insert:
5
child labour
has the meaning given by section 53.
6
civil penalty provision
has the same meaning as in the Regulatory
7
Powers Act.
8
goods involving child labour
has the meaning given by section 54.
9
Regulatory Powers Act
means the
Regulatory Powers (Standard
10
Provisions) Act 2014
.
11
work
means any work whether for reward or otherwise.
12
2 Subsection 51(1)
13
After "section 50", insert "or 51B".
14
3 After section 51A
15
Insert:
16
51B Prohibition on the importation of goods in certain
17
circumstances--goods covered by a notice that has not
18
been complied with
19
The importation of goods into Australia is prohibited in a
20
circumstance where:
21
(a) the goods are imported into Australia by a person who was
22
given a notice under section 56 or 57; and
23
(b) the goods are goods of a kind covered by the notice; and
24
(c) at the time (the
relevant time
) the goods are imported, the
25
person has failed to comply with a requirement in the notice;
26
and
27
Schedule 1
Amendments
4
Customs Amendment (Preventing Child Labour) Bill 2023
No. , 2023
(d) the relevant time is at least 48 months after the end of the
1
period specified in the notice for compliance with the
2
requirement.
3
Note:
For goods imported into Australia by the person at a time that is less
4
than 48 months after the end of the period specified in the notice see
5
section 55 (penalties).
6
4 After Division 1 of Part IV
7
Insert:
8
Division 2A--Importation of goods involving child labour
9
Subdivision A--Preliminary
10
53 Meaning of
child labour
11
Work carried out by an individual in a foreign country, or a part of
12
a foreign country, is
child labour
if:
13
(a) the individual is under 14 years of age; and
14
(b) in the case where there is compulsory schooling, and a
15
minimum age for ceasing compulsory schooling, in the
16
foreign country or the part of the foreign country--both:
17
(i) the individual is under that minimum age; and
18
(ii) the individual is absent at any time from compulsory
19
schooling in the foreign country, or the part of the
20
foreign country, as a result of carrying out the work.
21
54 Meaning of
goods involving child labour
22
(1) Goods are
goods involving child labour
if:
23
(a) the goods are obtained or produced using child labour; or
24
(b) the goods are entirely or partially comprised of materials that
25
are obtained or produced using child labour.
26
(2) However, goods are not
goods involving child labour
only because
27
the goods are packaged in packaging material or a container and
28
the packaging material or container:
29
(a) is obtained or produced using child labour; or
30
Amendments
Schedule 1
No. , 2023
Customs Amendment (Preventing Child Labour) Bill 2023
5
(b) is entirely or partially comprised of materials that are
1
obtained or produced using child labour.
2
Subdivision B--Penalties
3
55 Penalties for importing goods covered by a notice that has not
4
been complied with
5
(1) A person contravenes this subsection if:
6
(a) the person is given a notice under section 56 or 57; and
7
(b) the person imports goods into Australia; and
8
(c) the goods are goods of a kind covered by the notice; and
9
(d) at the time (the
relevant time
) the goods are imported into
10
Australia, the person has failed to comply with a requirement
11
in the notice; and
12
(e) the relevant time is less than 48 months after the end of the
13
period specified in the notice for compliance with the
14
requirement.
15
Note:
For goods imported into Australia by the person at a time that is at
16
least 48 months after the end of the period specified in the notice see
17
section 51B (prohibited imports).
18
(2) A person who contravenes subsection (1) is liable to civil penalty.
19
Penalty
20
(3) The maximum penalty for the contravention is the amount worked
21
out under the following table for the goods.
22
23
Amount for goods imported into Australia
Item For goods of a
kind covered by ...
that are imported into
Australia at a time
that is ...
the amount is ...
1
a notice given under
section 56 or 57
less than 24 months
after the end of the
period specified in the
notice for compliance
with a requirement
(a) if the relevant court
can determine the
value of the goods--
10% of the value of the
goods; or
(b) otherwise--200
penalty units.
Schedule 1
Amendments
6
Customs Amendment (Preventing Child Labour) Bill 2023
No. , 2023
Amount for goods imported into Australia
Item For goods of a
kind covered by ...
that are imported into
Australia at a time
that is ...
the amount is ...
2
a notice given under
section 56 or 57
at least 24 months and
less than 48 months
after the end of the
period specified in the
notice for compliance
with a requirement
(a) if the relevant court
can determine the
value of the goods--
33% of the value of the
goods; or
(b) otherwise--500
penalty units.
(4) Despite section 5, a contravention of subsection (1) of this section
1
is not an offence against this Act.
2
(5) In this section:
3
relevant court
means a court covered by subsection 57C(3).
4
Subdivision C--Authorised officers may give notices to
5
importers
6
56 Authorised officers may require information or documents about
7
suspected goods involving child labour
8
(1) This section applies if an authorised officer reasonably suspects
9
that goods imported, or intended to be imported, into Australia are
10
goods involving child labour.
11
(2) The authorised officer may, by written notice given to the importer
12
of the goods, require the importer to give to the officer any
13
information, or produce to the officer any documents, specified in
14
the notice that are relevant to considering whether the goods are
15
goods involving child labour.
16
(3) The notice must:
17
(a) specify the kind of goods covered by the notice; and
18
(b) specify the manner in which the importer must give the
19
information or produce the documents; and
20
Amendments
Schedule 1
No. , 2023
Customs Amendment (Preventing Child Labour) Bill 2023
7
(c) specify the period within which the importer must comply
1
with the requirement to give the information or produce the
2
documents; and
3
(d) set out the effect of
4
(i) section 55 (penalties); and
5
(ii) section 51B (prohibited imports); and
6
(iii) section 137.1 of the
Criminal Code
(about giving false
7
or misleading information); and
8
(iv) section 137.2 of the
Criminal Code
(about producing
9
false or misleading documents).
10
(4) The period specified in the notice must be a period of 3 months
11
starting on the day the notice is given to the importer.
12
57 Authorised officers may require specified action to reduce the
13
risk that goods are goods involving child labour
14
(1) This section applies if an authorised officer reasonably believes
15
that goods imported, or intended to be imported, into Australia are
16
goods involving child labour, having regard to:
17
(a) information given or documents produced in response to a
18
notice given under section 56 to the importer for goods of the
19
same kind; and
20
(b) any other matter the officer considers relevant.
21
(2) The authorised officer may, by written notice given to the importer
22
of the goods, require the importer to take one or more specified
23
actions for the purpose of reducing the risk that goods of the same
24
kind imported into Australia by the importer are goods involving
25
child labour.
26
Note:
An example of a requirement to take a specified action includes a
27
requirement to change suppliers for goods of the same kind or a
28
requirement that the goods of the same kind do not contain a particular
29
material.
30
(3) The notice must:
31
(a) specify the kind of goods covered by the notice; and
32
(b) specify the manner in which the importer must notify the
33
authorised officer that the specified action has been taken;
34
and
35
Schedule 1
Amendments
8
Customs Amendment (Preventing Child Labour) Bill 2023
No. , 2023
(c) specify the period in which the importer must comply with
1
the requirement to take the specified; and
2
(d) set out the effect of:
3
(i) section 55 (penalties); and
4
(ii) section 51B (prohibited imports).
5
(4) The period specified in the notice must be a period of 3 months
6
starting on the day the notice is given to the importer.
7
Subdivision D--Miscellaneous
8
57A Self-incrimination
9
(1) An individual is not excused from giving information or producing
10
a document under section 56 on the ground that giving the
11
information or producing the document might tend to incriminate
12
the individual in relation to an offence.
13
Note:
A body corporate is not entitled to claim the privilege against
14
self-incrimination.
15
(2) However:
16
(a) the information given or document produced; and
17
(b) the giving of the information or the production of the
18
document; and
19
(c) any information, document or thing obtained as a direct or
20
indirect consequence of the giving of the information or the
21
production of the document;
22
are not admissible in evidence against the individual in criminal
23
proceedings other than proceedings for an offence against
24
section 137.1 or 137.2 of the
Criminal Code
in relation to giving
25
the information or producing the document.
26
(3) If, at general law, an individual would otherwise be able to claim
27
the privilege against self-exposure to a penalty (other than a
28
penalty for an offence) in relation to giving information or
29
producing a document under section 56, the individual is not
30
excused from giving the information or producing the document
31
under that provision on that ground.
32
Note:
A body corporate is not entitled to claim the privilege against
33
self-exposure to a penalty.
34
Amendments
Schedule 1
No. , 2023
Customs Amendment (Preventing Child Labour) Bill 2023
9
57B Authorised officers may inspect, copy and retain documents
1
Inspection and copying of documents
2
(1) An authorised officer may inspect a document produced under
3
section 56 and make and retain copies of the whole or a part of the
4
document.
5
Retention of documents
6
(2) An authorised officer may take possession of a document produced
7
under section 56 and retain it for as long as is reasonably
8
necessary.
9
Certified copy of documents
10
(3) The person otherwise entitled to possession of a document
11
produced under section 56 is entitled to be supplied, as soon as
12
practicable, with a copy certified by an authorised officer to be a
13
true copy.
14
(4) The certified copy must be received in all courts and tribunals as
15
evidence as if it were the original.
16
(5) Until a certified copy is supplied, the authorised officer must
17
provide the person otherwise entitled to possession of the
18
document, or a person authorised by that person, reasonable access
19
to the document for the purposes of inspecting and making copies
20
of the whole or a part of the document.
21
57C Civil penalty provisions
22
Enforceable civil penalty provisions
23
(1) Each civil penalty provision of this Division is enforceable under
24
Part 4 of the Regulatory Powers Act.
25
Note:
Part 4 of the Regulatory Powers Act allows a civil penalty provision to
26
be enforced by obtaining an order for a person to pay a pecuniary
27
penalty for the contravention of the provision.
28
Schedule 1
Amendments
10
Customs Amendment (Preventing Child Labour) Bill 2023
No. , 2023
Authorised applicant
1
(2) For the purposes of Part 4 of the Regulatory Powers Act, each of
2
the following persons is an authorised applicant in relation to the
3
civil penalty provisions of this Division:
4
(a) the Secretary of the Department;
5
(b) the Comptroller-General of Customs.
6
Relevant court
7
(3) For the purposes of Part 4 of the Regulatory Powers Act, each of
8
the following courts is a relevant court in relation to the civil
9
penalty provisions of this Division:
10
(a) the Federal Court of Australia;
11
(b) the Federal Circuit and Family Court of Australia
12
(Division 2).
13
Maximum penalties
14
(4) Subsection 82(5) of the Regulatory Powers Act does not apply in
15
relation to civil penalty provisions of this Division.
16
Liability of Crown
17
(5) Part 4 of the Regulatory Powers Act, as that Part applies in relation
18
to the civil penalty provisions of this Division, does not make the
19
Crown liable to a pecuniary penalty.
20
57D Publication of information about notices and non-compliance
21
(1) The Secretary of the Department may, on a website maintained by
22
the Department, publish:
23
(a) if an authorised officer has given a notice under section 56 or
24
57 to an importer--details of the notice, including the
25
identity of the importer; or
26
(b) if the Secretary is reasonably satisfied that an importer has
27
contravened subsection 55(1)--details of the contravention,
28
including the identity of the importer; or
29
(c) if the Secretary is reasonably satisfied that an importer has
30
contravened paragraph 233(1)(b) in relation to goods
31
imported into Australia in the circumstance covered by
32
Amendments
Schedule 1
No. , 2023
Customs Amendment (Preventing Child Labour) Bill 2023
11
section 51B--details of the contravention, including the
1
identity of the importer.
2
(2) Before the Secretary of the Department decides to publish details
3
mentioned in subsection (1), the Secretary must:
4
(a) give the importer notice in writing of the proposed decision
5
and the reasons for the proposed decision; and
6
(b) invite the importer to make written submissions to the
7
Secretary about the proposed decision within the period of 28
8
days beginning on the day the notice of the proposed decision
9
is given; and
10
(c) have regard to any written submissions made by the importer
11
within that period.
12
5 Paragraph 244(a)
13
Omit "section 243B", substitute "sections 55 and 243B".
14
6 After paragraph 264(2)(a)
15
Insert:
16
(aa) penalties recovered in relation to a contravention of
17
subsection 55(1);
18
7 Application of amendments
19
(1)
The amendment of section 51 of the
Customs Act 1901
made by this
20
Schedule, and section 51B of that Act as inserted by this Schedule,
21
apply in relation to notices given under section 56 or 57 of that Act on
22
or after the commencement of this item, whether the reasonable
23
suspicion or belief for the notice relates to goods imported, or intended
24
to be imported, into Australia before, on or after that commencement.
25
(2)
Division 2A of Part IV of the
Customs Act 1901
, as inserted by this
26
Schedule, applies in relation to notices given under section 56 or 57 of
27
that Act on or after the commencement of this item, whether the
28
reasonable suspicion or belief for the notice relates to goods imported,
29
or intended to be imported, into Australia before, on or after that
30
commencement.
31