Commonwealth Consolidated Acts Commonwealth Consolidated Acts
1 Subsection 3(1) ( paragraph ( b) of the definition of authority of the Commonwealth )
Repeal the paragraph.
A New Tax System (Wine Equalisation Tax) Act 1999
2 Section 7 - 20
Omit "the control of * Customs", substitute "customs control under the Customs Act 1901 ".
3 Section 9 - 75
Omit "the control of * Customs", substitute "customs control under the Customs Act 1901 ".
4 Section 33 - 1 (definition of Customs )
Repeal the definition.
Anti - Money Laundering and Counter - Terrorism Financing Act 2006
5 Section 5 ( paragraph ( e) of the definition of designated agency )
Repeal the paragraph.
6 Saving provision
Despite the amendment of the definition of designated agency in section 5 of the Anti - Money Laundering and Counter - Terrorism Financing Act 2006 made by this Schedule, section 127 of that Act, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a person who was at any time before that commencement an official of a designated agency that was Customs.
Australian Crime Commission Act 2002
7 Subsection 4(1)
Insert:
"Immigration and Border Protection Department" means the Department administered by the Minister administering the Australian Border Force Act 2015 .
8 Subparagraph 7A(ca)(iii)
Omit "Customs", substitute "the Immigration and Border Protection Department".
Australian Nuclear Science and Technology Organisation Act 1987
9 Subsection 3(1)
Insert:
"Immigration and Border Protection Department" means the Department administered by the Minister administering Part XII of the Customs Act 1901 .
10 Subsection 3(1) ( paragraph ( c) of the definition of law enforcement agency )
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department; or
Australian Postal Corporation Act 1989
11 Section 90E ( paragraph ( a) of the definition of compliance agency )
Repeal the paragraph, substitute:
(a) the Immigration and Border Protection Department;
12 Section 90E
Insert:
"Comptroller-General of Customs" means the person who is the Comptroller - General of Customs in accordance with subsection 11(3) or 14(2) of the Australian Border Force Act 2015 .
13 Section 90E (definition of customs officer )
Omit "an Officer of Customs", substitute "an officer of Customs".
14 Section 90E
Insert:
"Immigration" and Border Protection Department means the Department administered by the Minister administering Part XII of the Customs Act 1901 .
15 Subsections 90T(1), (2), (3), (4), (5) and (7)
Omit "Customs officer" (wherever occurring), substitute "customs officer".
16 Subsection 90T(8)
Omit "Customs must", substitute "The Comptroller - General of Customs must".
17 Subsection 90T(8)
Omit "Customs officer", substitute "customs officer".
18 Subsections 90V(2) and (2A)
Omit "Customs officer" (wherever occurring), substitute "customs officer".
19 Subsection 90V(2A)
Omit "opened by Cus toms", substitute "opened by a c ustoms officer".
20 Paragraph 90ZC(2)(a)
Omit "Customs officer", substitute "customs officer".
21 Transitional provision
A record established by Customs before the commencement of this item under subsection 90T(8) of the Australian Postal Corporation Act 1989 is taken on and after that commencement to be a record established by the Comptroller - General of Customs .
22 Section 3 ( paragraph ( b) of the definition of authority of the Commonwealth )
Repeal the paragraph.
23 Transitional provision
Subp aragraph 32AO(1)(c)(ii) of the Civil Aviation Act 1988 applies on and after the commencement of this item as if a reference to a Commonwealth entity included a reference to Customs (within the meaning of section 4AA of the Customs Administration Act 1985 as in force immediately before the commencement of this item).
Commerce (Trade Descriptions) Act 1905
24 Section 3 (definition of Trade description )
Omit "a Customs entry", substitute "an import entry".
25 Subsection 6(1)
Omit "the Customs", substitute "an officer".
26 Transitional provision s
(1) For the purposes of the Commerce (Trade Descriptions) Act 1905 , a Customs entry relating to goods made before the commen c ement of this item is taken on and after that commencement to have been an import entry relating to the goods .
(2) A notice given to the Customs before the commencement of this item as mentioned in subsection 6(1) of the Commerce (Trade Descriptions) Act 1905 is taken on and after that commencement to have been a notice given to an officer.
27 Paragraph 135(7)(d)
Omit "the control of the Customs within the meaning of the Customs Act 1901 ", substitute "customs control under the Customs Act 1901 ".
28 Subsection 3(1)
Insert:
"officer of Customs" has the meaning given by subsection 4(1) of the Customs Act 1901 .
29 Section 15GC ( paragraph ( c) of the definition of chief officer )
Omit "to Customs", substitute " to the Immigration and Border Protection Department ".
30 Section 15GC ( paragraph ( c) of the definition of law enforcement agency )
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department ;
31 Section 15GC (note at the end of the definition of staff member )
Omit "Customs", substitute " the Immigration and Border Protection Department ".
32 Section 15GC ( paragraph ( c) of the definition of target agency )
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department .
33 Subsection 15GI(2) (note 2)
Omit "Customs", substitute " the Immigration and Border Protection Department ".
34 Subparagraphs 15GK(1)(k)(iii) and (v)
Omit "Customs", substitute "an officer of Customs ".
35 Subsection 15GQ(2) (note 2)
Omit "Customs", substitute " the Immigration and Border Protection Department ".
36 Subsection 15GV(2) (note 2)
Omit "Customs", substitute " the Immigration and Border Protection Department ".
37 Paragraph 15HG(5)(b)
Omit "to Customs", substitute " to the Immigration and Border Protection Department ".
38 Paragraph 15J(1)(b)
Omit "Customs", substitute " an officer of Customs ".
39 Subparagraphs 15J(2)(c)(i) and (ii)
Omit " the control of Customs", substitute "customs control under the Customs Act 1901 ".
40 Section 15JA
Omit "Australian Customs and Border Protection Service", substitute "Immigration and Border Protection Department".
41 Section 15JC ( paragraph ( d) of the definition of integrity testing agency )
Repeal the paragraph, substitute:
(d) the Immigration and Border Protection Department .
42 Section 15JC ( paragraph ( c) of the definition of target agency )
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department .
43 Subsection 15JD( 2 ) (note 1)
Omit "Customs", substitute " the Immigration and Border Protection Department ".
44 Subsection 15JE(1) (note 1)
Omit "Customs", substitute " the Immigration and Border Protection Department ".
45 Subsection 15JS(5) ( paragraph ( c) of the definition of chief officer )
Omit "for Customs", substitute "for the Immigration and Border Protection Department ".
46 Section 15K ( subparagraph ( c)(ii) of the definition of chief officer )
Omit "to Customs", substitute "to the Immigration and Border Protection Department ".
47 Section 15K ( paragraph ( b) of the definition of law enforcement agency )
Repeal the paragraph, substitute:
(b) the Immigration and Border Protection Department ;
48 Section 15K ( paragraph ( b) of the definition of law enforcement officer )
Omit "to Customs", substitute "to the Immigration and Border Protection Department ".
49 Paragraph 15KB(4)(b)
Repeal the paragraph, substitute:
(b) in the case of the Immigration and Border Protection Department--an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, in that Department ; or
50 Subsection 15LH(3) ( paragraph ( b) of the definition of senior officer )
Repeal the paragraph, substitute:
(b) in relation to the Immigration and Border Protection Department --any SES employee in that Department; and
51 Subsection 15M(1) ( paragraph ( b) of the definition of chief officer )
Omit "to Customs", substitute " to the Immigration and Border Protection Department ".
52 Subsection 15M(1) ( paragraph ( b) of the definition of law enforcement agency )
Repeal the paragraph, substitute:
(b) the Immigration and Border Protection Department ;
53 Subsection 15MX(3) ( paragraph ( b) of the definition of senior officer )
Omit "to Customs", substitute "to the Immigration and Border Protection Department ".
54 Section 85ZL ( paragraph ( ba) of the definition of law enforcement agency )
Omit "Customs", substitute " the Immigration and Border Protection Department ".
55 Transitional provisions
(1) An instrument in force immediately before the commencement of this item under Part IAB or IABA of the Crimes Act 1914 in relation to a person, being a staff member of Customs, continues in force on and after that commencement as if it were an instrument in force in relation to the person, being a staff member of the Immigration and Border Protection Department.
(2) An instrument in force immediately before the commencement of this item under Part IAC of the Crimes Act 1914 in relation to a law enforcement officer, being an officer of Customs , continues in force on and after that commencement.
(3) An instrument in force immediately before the commencement of this item under Part IACA of the Crimes Act 1914 in relation to an operative, being an officer of Customs, continues in force on and after that commencement.
( 4 ) Paragraphs 15HK(2)(e), 15HL(2)(e) and 15LC(4)(d) of the Crimes Act 1914 , as in force immediately before the commencement of this item, continue to apply on and after that commencement in relation to a disclosure before that commencement in connection with the performance of functions or duties, or the exercise of powers, of Customs.
( 5 ) If a formal authority in force under section 15GI of the Crimes Act 1914 immediately before the commencement of this item identifie d the details referred to in subparagraph 15GK(1)(k)(iii) or (v) of that Act in relation to Customs, then on and after that commencement the authority continues in force as if it identified th e details referred to in that subparagraph as amended by this Schedule .
( 6 ) The amendments made by this Schedule do not affect the validity of a statutory declaration from an operative given under section 15MF of the Crimes Act 1914 before the commencement of this item.
56 Subsection 29(3)
Omit "An Officer of Customs", substitute "An officer of Customs".
57 Subsection 29(8) (definition of Officer of Customs )
Repeal the definition.
58 Subsection 29(8)
Insert:
"officer of Customs" has the same meaning as in the Customs Act 1901 .
59 Section 146.1 of the Criminal Code ( paragraph ( e) of the definition of Commonwealth law enforcement officer )
Repeal the paragraph, substitute:
(e) a person who is an APS employee in the Department administered by the Minister administering the Australian Border Force Act 2015 and who is in the Australian Border Force (within the meaning of that Act) .
60 Saving provision
Part 7.8 of the Criminal Code , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a thing done in relation to a person employed in Customs before that commencement.
Customs Depot Licensing Charges Act 1997
61 Section 3 (definition of electronic )
Repeal the definition.
62 Section 3 (definition of line of cargo )
Omit "an electronic or documentary cargo report", substitute "a cargo report".
Environment Protection and Biodiversity Conservation Act 1999
63 Paragraph 303GW(3)(c)
Omit "the control of the Customs", substitute "customs control under the Customs Act 1901 ".
64 Part 1 of the Dictionary ( subparagraph ( b)(i) of the definition of Commonwealth document )
Omit "to Customs", substitute " to the Department administered by the Minister administering Part XII of the Customs Act 1901 ".
65 Transitional provision
A report communicated to Customs before the commencement of this item as mentioned in subparagraph ( b)(i) of the definition of Commonwealth document in Part 1 of the Dictionary in the Evidence Act 1995 is taken on and after that commencement to have been a report communicated to the Department administered by the Minister administering Part XII of the Customs Act 1901 .
66 Subsection 24(2)
Omit "control of Customs", substitute "customs control under the Customs Act 1901 ".
67 Paragraph 24(3)(b)
Omit " the control of Customs", substitute "customs control under the Customs Act 1901 ".
68 Subsection 59AA(1)
Omit "clearance through Customs", substitute "clearance under the Customs Act 1901 ".
69 Paragraph 61E(2)(b)
Omit "clearance through Customs", substitute "clearance under the Customs Act 1901 ".
70 Subsection 84C(1)
Omit "a Customs vessel", substitute "an Australian Border Force vessel".
71 Subsection 84C(5)
Insert:
"Australian Border Force vessel" means a Commonwealth ship (within the meaning of the Customs Act 1901 ) that is under the command of an officer of Customs (including an officer of Customs exercising powers as an officer within the meaning of this Act) and flying the flag mentioned in section 14 of the Customs Act 1901 .
72 Subsection 84C(5) (definition of Customs vessel )
Repeal the definition.
73 Section 167B (heading)
Repeal the heading, substitute:
167B AFMA may give information about boats to officers of Customs
74 Subsection 167B(2)
Omit "to Customs", substitute "to an officer of Customs".
75 Subsection 167B(2)
Omit "from Customs", substitute "from an officer of Customs".
76 Subsection 167B(2)
Omit "giving Customs", substitute "giving an officer of Customs".
77 Subsection 167B(2)
Omit "help Customs", substitute "help an officer of Customs".
78 Subsection 167B(2)
Omit "of Customs".
79 Subsection 167B(4)
Insert:
"officer of Customs" has the meaning given by subsection 4(1) of the Customs Act 1901 .
Hazardous Waste (Regulation of Exports and Imports) Act 1989
80 Subsection 42(3) (note)
Omit "of Customs and".
Imported Food Control Act 199 2
81 Subsection 3(1) (definition of Customs control )
Repeal the definition.
82 Subsection 3(1)
Insert:
"customs control" , in relation to food, means customs control under the Customs Act.
"Immigration and Border Protection Department" means the Department administered by the Minister administering Part XII of the Customs Act.
83 Subsection 11(2)
After "section 71A", insert "or 71DH".
84 Subsections 11(2) and (3)
Omit "to Customs", substitute " to the Immigration and Border Protection Department ".
85 Paragraphs 13(4)(b) and (c)
Omit "Customs control", substitute "customs control".
86 Subsection 13(5) (note)
Repeal the note.
87 Paragraph 14(1)(b)
Omit "Customs control", substitute "customs control".
88 Subsections 14(5) and (7)
Omit "Customs control", substitute "customs control".
Independent National Security Legislation Monitor Act 2010
89 Section 4 ( paragraph ( c) of the definition of head )
Repeal the paragraph.
90 Section 4
Insert:
"Immigration and Border Protection Department" means the Department administered by the Minister administering the Australian Border Force Act 2015 .
91 Section 4 ( paragraph ( c) of the definition of law enforcement or security agency )
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department;
Industrial Chemicals (Notification and Assessment) Act 1989
92 Subparagraph 21(6)(b)(ii)
Omit "the control of Customs (within the meaning of the Customs Act 1901 )", substitute "customs control under the Customs Act 1901 ".
Major Sporting Events (Indicia and Images) Protection Act 2014
93 Section 4
Omit "Customs", substitute "the Comptroller - General of Customs ".
94 Subsection 25(1)
Omit "the control of the Customs (within the meaning of the Customs Act 1901 )", substitute "customs control under the Customs Act 1901 ".
Maritime Transport and Offshore Facilities Security Act 2003
95 Paragraphs 9(2)(b) and (3)(b)
Repeal the paragraphs , substitute:
(b) the Immigration and Border Protection Department; or
96 Section 10 (definition of customs officer )
Omit "an Officer", substitute "an officer of Customs".
97 Section 10
Insert:
"Immigration and Border Protection Department" means the Department administered by the Minister administering Part XII of the Customs Act 1901 .
98 Section 10 (note at the end of the definition of maritime industry participant )
Omit "Customs ", substitute " the Immigration and Border Protection Department ".
99 Section 10 (note at the end of the definition of offshore industry participant )
Omit "Customs", substitute "the Immigration and Border Protection Department ".
100 Subsection 260(3)
Omit "the law relating to the Customs", substitute " a law of the Commonwealth ".
101 Subsection 260(5)
Omit "the law relating to the Customs", substitute "the Customs Act 1901 ".
102 Subsection 99ZH(1) (definition of Customs documentation purposes )
Omit "enabling Customs", substitute "enabling the Immigration and Border Protection Department".
103 Subsection 99ZH(1)
Insert:
"Immigration and Border Protection Department" means the Department administered by the Minister administering Part XII of the Customs Act 1901 .
104 Section 99ZM (heading)
Repeal the heading, substitute:
99ZM Detention of some drug like substances and not others
105 Section 99ZN (heading)
Repeal the heading, substitute:
99ZN Treatment of detained substances and retained documents
106 Subsection 99ZN(6)
Omit "Customs must " , substitute "the Comptroller - General of Customs must".
107 Section 11 (heading)
Repeal the heading, substitute:
11 Application of Act to certain Australian Border Force vessels
108 Section 11
Omit "A customs vessel", substitute "An Australian Border Force vessel".
109 Section 11
Omit "a customs vessel", substitute "an Australian Border Force vessel".
110 Paragraph 11(a)
Omit " customs vessel management plan ", substitute " Australian Border Force vessel management plan ".
111 Subparagraphs 11(a)(ii) and (iii)
Omit "customs vessel", substitute "Australian Border Force vessel".
112 Paragraph 11(b)
Omit "the customs vessel or the person complies with the requirements of the customs vessel management plan", substitute "the Australian Border Force vessel or the person complies with the requirements of the Australian Border Force vessel management plan".
113 Subsection 14(1)
Insert:
"Australian Border Force vessel" : see section 17.
114 Subsection 14(1) (definition of customs vessel )
Repeal the definition.
115 Subsection 14(1) (definition of officer of Customs )
Omit "an Officer of Customs", substitute "an officer of Customs".
116 Subsection 15(2)
Omit "a customs vessel", substitute "an Australian Border Force vessel".
117 Section 17 (heading)
Repeal the heading, substitute:
17 Definition of Australian Border Force vessel
118 Subsection 17(1)
Omit "is a customs vessel ", substitute "is an Australian Border Force vessel ".
119 Paragraph 17(1)(a)
Omit "Customs", substitute "the Australian Border Force (within the meaning of the Australian Border Force Act 2015 )".
120 Paragraph 17(1)(b)
Omit "a customs vessel", substitute "an Australian Border Force vessel".
121 Subsection 17(1) (note)
Repeal the note.
122 Subsection 17(2)
Omit "a customs vessel", substitute "an Australian Border Force vessel".
123 Section 237 (heading)
Repeal the heading, substitute:
237 Powers of officers of Customs
124 Section 237
Omit "powers of Customs, the CEO of Customs or an officer of Customs", substitute "powers of an officer of Customs".
125 Subsection 240(4)
Omit "powers of Customs, the CEO of Customs or an officer of Customs", substitute "powers of an officer of Customs".
126 Subsection 244(3)
Omit "Customs", substitute "an officer of Customs".
127 Paragraph 249(1)(a)
Omit "Customs", substitute "an officer of Customs".
128 Section 252 (heading)
Repeal the heading, substitute:
252 Power for officer of Customs to detain or refuse clearance
129 Subsection 252(3) (heading)
Repeal the heading, substitute:
Officer of Customs may detain if certificates not produced
130 Subsection 252(3)
Omit "detained by Customs", substitute "detained by an officer of Customs".
131 Subsection 252(4)
Omit "If Customs", substitute "If an officer of Customs".
132 Subsection 252(6)
Omit "Customs", substitute "An officer of Customs".
133 Paragraph 253(a)
Omit "section 247", substitute "section 248".
134 Paragraph 313(2)(a)
Omit "section 249 to released ", substitute "section 250 to release ".
135 Paragraph 313(2)(b)
Omit "section 251", substitute "subsection 252(3)".
136 Transitional provision s
(1) A customs vessel management plan in effect under section 11 of the Navigation Act 2012 immediately before the commencement of this item that relates to a vessel or person continues in effect under that section on and after that commencement as if it were an Australian Border Force vessel management plan that relates to the vessel or person.
( 2 ) A declaration in force under subsection 17(2) of the Navigation Act 2012 immediately before the commencement of this item that a vessel, or a vessel included in a class of vessels, is a customs vessel continues in force on and after that commencement as if it were a declaration that the vessel, or a vessel included in the class of vessels, is an Australian Border Force vessel.
( 3 ) If, immediately before the commencement of this item, Customs was detaining a vessel under subsection 252(3) of the Navigation Act 2012 , then on and after that commencement an officer of Customs may continue to detain the vessel under that subsection as amended by this Schedule.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
137 Paragraph 615(1)(d)
Omit "officer of customs", substitute "officer of Customs".
138 Paragraph 695X(2)(e)
Repeal the paragraph, substitute:
(e) the Department administered by the Minister administering Part XII of the Customs Act 1901 ;
139 Transitional provision
Offshore information or a thing made available to Customs before the commencement of this item under subsection 695X(1) of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 is taken on and after that commencement to have been made available to the Department administered by the Minister administering Part XII of the Customs Act 1901 .
Olympic Insignia Protection Act 1987
140 Paragraph 54(1)(b)
Omit "the control of the Customs within the meaning of the Customs Act 1901 ", substitute "customs control under the Customs Act 1901 ".
141 Subsection 6(1) ( paragraph ( c) of the definition of enforcement body )
Repeal the paragraph.
142 Transitional provision
A disclosure of information to Customs before the commencement of this item as mentioned in paragraph 20E(3)(d) or 21G(3)(d) of the Privacy Act 1988 is taken on and after that commencement to have been a disclosure to the Immigration Department.
143 Subsection 15B(1) (note 1)
Omit "Customs", substitute "the Immigration and Border Protection Department ".
144 Section 15C (note)
Omit "Customs", substitute "the Immigration and Border Protection Department".
145 Subsection 15D(1) (note)
Omit "Customs", substitute "the Immigration and Border Protection Department".
146 Subsection 15P(1) (note)
Omit "Customs", substitute "the Immigration and Border Protection Department".
Protection of Movable Cultural Heritage Act 1986
147 Subsection 3(1)
Insert:
"officer of Customs" has the meaning given by subsection 4(1) of the Customs Act 1901 .
148 Subsection 27(2)
Omit "a Customs officer", substitute "an officer of Customs".
149 Subsection 6(1)
Insert:
"Immigration" and Border Protection Department means the Department administered by the Minister administering the Australian Border Force Act 2015 .
150 Subsection 6(1) ( paragraph ( c) of the definition of target agency )
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department.
151 Transitional provisions
(1) The Surveillance Devices Act 2004 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to:
(a) a surveillance device warrant in force under that Act immediately before that commencement, being a warrant issued as a result of an application under subsection 14(3B) of that Act in relation to a staff member of Customs ; or
(b) an application for a warrant under subsection 14(3B) of that Act in relation to a staff member of Customs that was pending immediately before that commencement.
(2) Section 45A of the Surveillance Devices Act 2004 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a person who was a staff member of Customs at any time before that commencement.
(3) The amendments of the Surveillance Devices Act 2004 made by this Schedule do not affect the validity of a retrieval warrant in force under that Act immediately before the commencement of this item.
Taxation Administration Act 1953
152 Subsection 155 - 15(1) in Schedule 1 (cell at table item 3, column 2)
Repeal the cell, substitute:
the Collector (within the meaning of the Customs Act 1901 ) or the Department administered by the Minister administering Part XII of that Act |
153 Paragraph 155 - 20(1)(a) in Schedule 1
Omit "Customs", substitute " the Department administered by the Minister administering Part XII of the Customs Act 1901 , ".
154 Paragraph 155 - 20(1)(b) in Schedule 1
Omit "Customs", substitute "a Collector (within the meaning of the Customs Act 1901 )".
155 Subsection 155 - 20(1) in Schedule 1 ( table, heading to column 1 )
Repeal the heading, substitute:
Column 1 Document communicated |
156 Subsection 155 - 20(2) in Schedule 1
Omit "Customs", substitute " a Collector (within the meaning of the Customs Act 1901 ) ".
157 Paragraph 155 - 20(4)(b) in Schedule 1
Omit "Customs", substitute " a Collector (within the meaning of the Customs Act 1901 ) ".
158 Paragraph 155 - 40(2)(b) in Schedule 1
Omit "Customs", substitute " a Collector (within the meaning of the Customs Act 1901 ) ".
159 Saving and transitional provisions
(1) Section 155 - 15 in Schedule 1 to the Taxation Administration Act 1953 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a document mentioned in column 3 of item 3 of the table in subsection 1 5 5 - 15(1) in that Schedule that was given to Customs before that commencement.
(2) Section 155 - 20 in Schedule 1 to the Taxation Administration Act 1953 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to the following documents given before that commencement:
(a) a document mentioned in column 1 of item 1 or 2 of the table in subsection 1 5 5 - 20(1) in that Schedule communicated to Customs in respect of an importation or dealing;
(b) a document mentioned in column 2 of that table item given by Customs to an entity in respect of that importation or dealing.
(3) If:
(a) before the commencement of this item, a document mentioned in column 1 of item 1 or 2 of the table in subsection 1 5 5 - 20(1) in Schedule 1 to the Taxation Administration Act 1953 was communicated to Customs in respect of an importation or dealing; but
(b) before that commencement, Customs had not given the document mentioned in column 2 of that table item to an entity in respect of that importation or dealing;
then section 1 5 5 - 20 in that Schedule applies on and after that commencement as if the document mentioned in column 1 of that table item had been communicated to the Department administered by the Minister administering Part XII of the Customs Act 1901 .
(4) Section 155 - 40 in Schedule 1 to the Taxation Administration Act 1953 , as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to an advice mentioned in paragraph 155 - 40(2)(b) in that Schedule that was given by Customs to an entity before that commencement.
160 Paragraph 47(2)(aa) of Schedule 3A
Repeal the paragraph, substitute:
(aa) the Department administered by the Minister administering Part XII of the Customs Act 1901 ;
161 Transitional provision
A notification given under subclause 47(1) of Schedule 3A to the Telecommunications Act 1997 before the commencement of this item to the Australian Customs and Border Protection Service is taken on and after that commencement to have been a notification given to the Department administered by the Minister administering Part XII of the Customs Act 1901 .
Telecommunications (Interception and Access) Act 1979
162 Subsection 5(1) (after paragraph ( d) of the definition of enforcement agency )
Insert:
(da) the Immigration and Border Protection Department; or
163 Subsection 5(1)
Insert:
"Immigration and Border Protection Department" means the Department administered by the Minister administering Part XII of the Customs Act 1901 .
164 Subsection 5(1) (definition of permitted purpose )
Omit "Customs" (first occurring), substitute " the Immigration and Border Protection Department ".
165 Subsection 5(1) ( paragraphs ( a) and (aaa) of the definition of permitted purpose )
Omit "Customs" (wherever occurring), substitute " the Immigration and Border Protection Department ".
166 Subsection 6S(1)
Omit "Customs" (first occurring), substitute " the Immigration and Border Protection Department ".
167 Subsection 6S(1) (table , heading to column 1 )
Repeal the heading, substitute:
Column 1--Commonwealth agency or Immigration and Border Protection Department |
168 Subsection 6S(1) (table item 1, column 1, paragraph ( d))
Repeal the paragraph, substitute:
(d) Immigration and Border Protection Department.
169 Subparagraph 68(n)(i)
Omit "Customs", substitute " the Immigration and Border Protection Department ".
170 Subparagraphs 68(o)(i) and (ii)
Omit "Customs", substitute " the Immigration and Border Protection Department ".
Torres Strait Fisheries Act 1984
171 Paragraph 50(2)(b)
Omit "the control of the Customs", substitute "customs control".
172 Paragraph 133(1)(b)
Omit "the control of the Customs within the meaning of the Customs Act 1901 ", substitute "customs control under the Customs Act 1901 ".