EXPLANATORY STATEMENT

 

Select Legislative Instrument 2006 No.5

 

Issued by the Authority of the Minister for Justice and Customs

Customs Administration Act 1985

Customs Administration Amendment Regulations 2006 (No. 1)

Section 18 of the Customs Administration Act 1985 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted to be prescribed by the Act or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 16 of the Act relates to the prohibition on the disclosure of protected information. Subsection 16(2) of the Act prohibits the disclosure of protected information except in specified circumstances, including where the disclosure is authorised under section 16.

The purpose of the amending regulations is to allow the disclosure of protected information, containing personal information, to the Australian Securities and Investments Commission (ASIC). In particular, ASIC has requested that information pertaining to convictions for any offences, successfully prosecuted by Customs, involving dishonesty and punishable for imprisonment for at least 3 months be made available.

Subsections 16(3A), (3B), (3C) and (3D) of the Act allow the Chief Executive Officer of Customs (the CEO) to authorise the disclosure of protected information to certain government agencies and international entities under specified circumstances. However, section 16 sets out further requirements to be fulfilled in relation to disclosures of information containing personal information. In this respect, 'personal information' has the same meaning as in the Privacy Act 1988.

To authorise the disclosure of a class of information containing personal information under subsections 16(3A), (3B), (3C) or (3D), subsection 16(10) requires that:

*         the entity to which the disclosure is to be made must be specified in the regulations; and

*         the class of information to be disclosed must be specified as a class of information that may be disclosed to the relevant entity.

For the purposes of subsection 16(10) of the Act, Schedule 3 to the Principal Regulations sets out the descriptions of seven classes of information. Further, Schedule 2 to the Principal Regulations specifies the entities to which disclosures of a class of information containing personal information may be made, and the class or classes of information, as described and identified in Schedule 3, that may be disclosed to each specified entity.

The amending Regulations amend Schedule 2 to specify:

*         ASIC as a new entity to which disclosures of a class of information containing personal information may be made; and

*         class B information, which is described in Schedule 3 to the Principal Regulations as details of convictions, identification details of known associates, past travel details and details of agencies to whom the person is of interest, as the class of information that may be disclosed to ASIC.

No consultation was undertaken in relation to the amending Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.

The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

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