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This is a Bill, not an Act. For current law, see the Acts databases.
2013-2014-2015
The Parliament of the
Commonwealth of Australia
HOUSE OF REPRESENTATIVES
Presented and read a first time
Customs Amendment (Australian
Trusted Trader Programme) Bill 2015
No. , 2015
(Immigration and Border Protection)
A Bill for an Act to amend the Customs Act 1901,
and for related purposes
No. , 2015
Customs Amendment (Australian Trusted Trader Programme) Bill
2015
i
Contents
1
Short title ........................................................................................... 1
2
Commencement ................................................................................. 1
3
Schedules ........................................................................................... 2
Schedule 1--Australian trusted trader programme
3
Part 1--Main amendments
3
Customs Act 1901
3
Part 2--Consequential amendments
11
Australian Border Force Act 2015
11
No. , 2015
Customs Amendment (Australian Trusted Trader Programme) Bill
2015
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 (Australian
5
Trusted Trader Programme) Act 2015.
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 (Australian Trusted Trader Programme) Bill
2015
No. , 2015
Commencement information
Column 1
Column 2
Column 3
Provisions
Commencement
Date/Details
1. Sections 1 to 3
and anything in
this Act not
elsewhere covered
by this table
The day this Act receives the Royal Assent.
2. Schedule 1,
Part 1
As follows:
(a) if this Act receives the Royal Assent
before 1 July 2015--1 July 2015;
(b) if this Act receives the Royal Assent on
or after 1 July 2015--the day after this
Act receives the Royal Assent.
3. Schedule 1,
Part 2
As follows:
(a) if this Act receives the Royal Assent
before 1 July 2015--immediately after
the commencement of section 54 of the
Australian Border Force Act 2015;
(b) if this Act receives the Royal Assent on
or after 1 July 2015--the day after 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
Australian trusted trader programme Schedule 1
Main amendments Part 1
No. , 2015
Customs Amendment (Australian Trusted Trader Programme) Bill
2015
3
Schedule 1
--Australian trusted trader
1
programme
2
Part 1
--Main amendments
3
Customs Act 1901
4
1 Subsection 4(1)
5
Insert:
6
rules, in relation to Part XA, has the meaning given by section 179.
7
trusted trader agreement means an agreement entered into under
8
section 176A between the Comptroller-General of Customs and an
9
entity, and includes such an agreement as varied and in force from
10
time to time.
11
2 At the end of Division 1A of Part IV
12
Add:
13
49C Obligations under this Part may be satisfied in accordance with
14
a trusted trader agreement
15
(1) An entity is released from an obligation that the entity would
16
otherwise be required to satisfy under a provision of this Part
17
(other than Division 1) if the obligation:
18
(a) is of a kind prescribed by rules for the purposes of Part XA;
19
and
20
(b) is specified in those rules as an obligation from which an
21
entity may be released; and
22
(c) is specified in a trusted trader agreement between the
23
Comptroller-General of Customs and the entity.
24
(2) If:
25
(a) an obligation must be satisfied under a provision of this Part
26
(other than Division 1); and
27
(b) the obligation:
28
Schedule 1 Australian trusted trader programme
Part 1 Main amendments
4
Customs Amendment (Australian Trusted Trader Programme) Bill
2015
No. , 2015
(i) is of a kind prescribed by rules for the purposes of
1
Part XA; and
2
(ii) is specified in those rules as an obligation that may be
3
satisfied in a way other than required by this Part; and
4
(iii) is specified in a trusted trader agreement between the
5
Comptroller-General of Customs and an entity;
6
then, despite the relevant provision, the entity may satisfy the
7
obligation in the way specified in the trusted trader agreement.
8
3 Before Division 1 of Part VI
9
Insert:
10
Division 1AAA--Preliminary
11
107 Obligations under this Part may be satisfied in accordance with
12
a trusted trader agreement
13
(1) An entity is released from an obligation that the entity would
14
otherwise be required to satisfy under a provision of this Part
15
(other than Division 1) if the obligation:
16
(a) is of a kind prescribed by rules for the purposes of Part XA;
17
and
18
(b) is specified in those rules as an obligation from which an
19
entity may be released; and
20
(c) is specified in a trusted trader agreement between the
21
Comptroller-General of Customs and the entity.
22
(2) If:
23
(a) an obligation must be satisfied under a provision of this Part
24
(other than Division 1); and
25
(b) the obligation:
26
(i) is of a kind prescribed by rules for the purposes of
27
Part XA; and
28
(ii) is specified in those rules as an obligation that may be
29
satisfied in a way other than required by this Part; and
30
(iii) is specified in a trusted trader agreement between the
31
Comptroller-General of Customs and an entity;
32
Australian trusted trader programme Schedule 1
Main amendments Part 1
No. , 2015
Customs Amendment (Australian Trusted Trader Programme) Bill
2015
5
then, despite the relevant provision, the entity may satisfy the
1
obligation in the way specified in the trusted trader agreement.
2
4 After Part X
3
Insert:
4
Part XA--Australian Trusted Trader Programme
5
Division 1--Preliminary
6
176 Establishment of the Australian Trusted Trader Programme
7
(1) The Comptroller-General of Customs may, in accordance with this
8
Part, establish a programme to provide trade facilitation benefits to
9
entities.
10
(2) The programme is to be known as the Australian Trusted Trader
11
Programme.
12
Division 2--Trusted trader agreement
13
Subdivision A--Assessment of qualification criteria based on
14
documentary evidence
15
176A Trusted trader agreement may be entered into
16
(1) The Comptroller-General of Customs may enter into an agreement
17
(a trusted trader agreement) with an entity if:
18
(a) the entity nominates itself to participate in the Australian
19
Trusted Trader Programme; and
20
(b) the Comptroller-General of Customs considers that it is
21
reasonably likely that the entity will satisfy the qualification
22
criteria set out in the rules.
23
(2) In deciding whether to enter into a trusted trader agreement, the
24
Comptroller-General of Customs must consider:
25
(a) any matter set out in the rules; and
26
(b) any other matter that he or she considers relevant.
27
Schedule 1 Australian trusted trader programme
Part 1 Main amendments
6
Customs Amendment (Australian Trusted Trader Programme) Bill
2015
No. , 2015
(3) If a trusted trader agreement is entered into with an entity:
1
(a) the agreement confers interim trusted trader status on the
2
entity; and
3
(b) the entity may receive benefits of a kind prescribed by the
4
rules and specified in the agreement.
5
176B Nomination process
6
(1) A nomination to participate in the Australian Trusted Trader
7
Programme may be made by an entity by document or
8
electronically.
9
(2) A documentary nomination must:
10
(a) be communicated to the Comptroller-General of Customs;
11
and
12
(b) be in an approved form; and
13
(c) contain the information required by the approved form; and
14
(d) be signed in a manner indicated by the approved form.
15
(3) An electronic nomination must communicate such information as
16
is set out in an approved statement.
17
Subdivision B--Validation of qualification criteria based on
18
physical inspection and audit
19
177 Variation of a trusted trader agreement
20
(1) This section applies if:
21
(a) a trusted trader agreement is entered into with an entity; and
22
(b) the Comptroller-General of Customs is satisfied that the
23
entity satisfies the qualification criteria set out in the rules.
24
(2) The Comptroller-General of Customs may vary a trusted trader
25
agreement to provide for:
26
(a) the entity to be released from an obligation, of a kind
27
prescribed by the rules and specified in the agreement, that
28
the entity would otherwise be required to satisfy under
29
Part IV (other than Division 1) or Part VI (other than
30
Division 1); or
31
Australian trusted trader programme Schedule 1
Main amendments Part 1
No. , 2015
Customs Amendment (Australian Trusted Trader Programme) Bill
2015
7
(b) the entity to satisfy an obligation, of a kind prescribed by the
1
rules and specified in the agreement, that the entity would
2
otherwise be required to satisfy under Part IV (other than
3
Division 1) or Part VI (other than Division 1) in a way
4
specified in the agreement.
5
Note:
Parts IV and VI deal with the importation and the exportation of
6
goods, respectively.
7
(3) The Comptroller-General of Customs may vary a trusted trader
8
agreement to provide for benefits of a kind prescribed by the rules
9
and specified in the agreement.
10
(4) In deciding whether to vary a trusted trader agreement, the
11
Comptroller-General of Customs must consider:
12
(a) any matter set out in the rules; and
13
(b) any other matter that he or she considers relevant.
14
(5) If a trusted trader agreement is varied:
15
(a) the agreement confers ongoing trusted trader status on the
16
entity; and
17
(b) the entity may receive benefits of a kind prescribed by the
18
rules and specified in the agreement.
19
Subdivision C--General provisions relating to trusted trader
20
agreements
21
178 Terms and conditions of trusted trader agreements
22
A trusted trader agreement may be subject to:
23
(a) conditions prescribed by the rules; and
24
(b) terms and conditions specified in the agreement.
25
178A Variation, suspension or termination of trusted trader
26
agreements
27
(1) The Comptroller-General of Customs may vary, suspend or
28
terminate a trusted trader agreement if the Comptroller-General of
29
Customs reasonably believes that the entity to which the agreement
30
relates has not complied, or is not complying, with:
31
(a) any condition prescribed by the rules; or
32
Schedule 1 Australian trusted trader programme
Part 1 Main amendments
8
Customs Amendment (Australian Trusted Trader Programme) Bill
2015
No. , 2015
(b) any term or condition specified in the agreement.
1
(2) In deciding whether to vary, suspend or terminate a trusted trader
2
agreement, the Comptroller-General of Customs must consider:
3
(a) any matter set out in the rules; and
4
(b) any other matter that he or she considers relevant.
5
(3) If subsection (1) applies, the trusted trader agreement must be
6
varied, suspended or terminated in accordance with the procedure
7
prescribed by the rules.
8
Division 3--Register of Trusted Trader Agreements
9
178B Register of Trusted Trader Agreements
10
(1) The Comptroller-General of Customs may maintain a register, to
11
be known as the Register of Trusted Trader Agreements,
12
containing information of a kind prescribed by the rules in relation
13
to each trusted trader agreement entered into under this Part.
14
(2) The Register of Trusted Trader Agreements is to be made publicly
15
available.
16
(3) The Register of Trusted Trader Agreements is not a legislative
17
instrument.
18
Division 4--Rules
19
179 Rules
20
(1) The Comptroller-General of Customs may, by legislative
21
instrument, prescribe rules for and in relation to the following:
22
(a) the qualification criteria in relation to which a trusted trader
23
agreement may be:
24
(i) entered into under section 176A; or
25
(ii) varied under section 177;
26
(b) the matters that the Comptroller-General of Customs must
27
consider when deciding whether to:
28
(i) enter into a trusted trader agreement under
29
section 176A; or
30
Australian trusted trader programme Schedule 1
Main amendments Part 1
No. , 2015
Customs Amendment (Australian Trusted Trader Programme) Bill
2015
9
(ii) vary the agreement under section 177;
1
(c) the conditions on which an entity participates in the
2
Australian Trusted Trader Programme;
3
(d) the kind of obligation:
4
(i) that an entity may be released from under Part IV (other
5
than Division 1) or Part VI (other than Division 1); or
6
(ii) that an entity may be required to satisfy under Part IV
7
(other than Division 1) or Part VI (other than
8
Division 1) in a way other than required by the relevant
9
Part;
10
(e) the kind of benefits that an entity may receive under a trusted
11
trader agreement;
12
(f) any criteria to be satisfied for an entity to receive benefits of
13
a kind mentioned in paragraph (e);
14
(g) any other conditions to which a trusted trader agreement may
15
be subject;
16
(h) the procedures that the Comptroller-General of Customs must
17
follow when varying, suspending or terminating a trusted
18
trader agreement under section 178A;
19
(i) the matters that the Comptroller-General of Customs must
20
consider when deciding whether to vary, suspend or
21
terminate a trusted trader agreement under section 178A;
22
(j) the kinds of information that may be published on the
23
Register of Trusted Trader Agreements, including:
24
(i) that an entity has entered into a trusted trader
25
agreement; and
26
(ii) whether the agreement confers interim or ongoing
27
trusted trader status on the entity; and
28
(iii) the kinds of benefits that the entity is receiving, or will
29
receive, under the agreement; and
30
(iv) whether the agreement is in force; and
31
(v) whether the agreement is or has been suspended; and
32
(vi) whether the agreement has been terminated.
33
(2) For the purpose of paragraph (1)(d):
34
(a) a rule prescribed for the purposes of subparagraph (1)(d)(i)
35
must specify that the obligation is one from which an entity
36
may be released; and
37
Schedule 1 Australian trusted trader programme
Part 1 Main amendments
10
Customs Amendment (Australian Trusted Trader Programme) Bill
2015
No. , 2015
(b) a rule prescribed for the purposes of subparagraph (1)(d)(ii)
1
must specify that the obligation is one that may be satisfied
2
by an entity in a way other than required by Part IV (other
3
than Division 1) or Part VI (other than Division 1).
4
(3) The Comptroller-General of Customs may, by legislative
5
instrument, also make rules prescribing matters:
6
(a) required or permitted by this Part to be prescribed by the
7
rules; or
8
(b) necessary or convenient to be prescribed for carrying out or
9
giving effect to this Part.
10
(4) To avoid doubt, rules made under this section may not do the
11
following:
12
(a) create an offence or civil penalty;
13
(b) provide powers of:
14
(i) arrest or detention; or
15
(ii) entry, search or seizure;
16
(c) impose a tax;
17
(d) set an amount to be appropriated from the Consolidated
18
Revenue Fund under an appropriation in this Act;
19
(e) directly amend the text of this Act.
20
5 After paragraph 273GA(1)(jb)
21
Insert:
22
(jc) a decision of the Comptroller-General of Customs to refuse
23
to enter into a trusted trader agreement under
24
subsection 176A(1);
25
(jd) a decision of the Comptroller-General of Customs to refuse
26
to vary a trusted trader agreement under subsection 177(2);
27
(je) a decision of the Comptroller-General of Customs to vary,
28
suspend or terminate a trusted trader agreement under
29
subsection 178A(1);
30
Australian trusted trader programme Schedule 1
Consequential amendments Part 2
No. , 2015
Customs Amendment (Australian Trusted Trader Programme) Bill
2015
11
Part 2
--Consequential amendments
1
Australian Border Force Act 2015
2
6 Subsection 54(1)
3
After "law of the Commonwealth", insert "(other than section 179 of
4
the Customs Act 1901)".
5