Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS ADMINISTRATION REGULATIONS 2000 2000 NO. 27

STATUTORY RULES 2000 No. 27

Issued by the Authority of the Minister for Justice and Customs

Customs Administration Act 1985

Customs Administration Regulations 2000

Section 18 of the Customs Administration Act 1985 ("the Act") provides that the Governor-General may make regulations for the purposes of the Act.

Section 16 of the Act concerns the recording and disclosure of protected information by authorised persons. Schedule 2 to the Customs Legislation Amendment Act (No. 1) 1999 amends section 16. In particular, subsection 16(10) of the Act provides that:

"(10)       This subsection is complied with in relation to a disclosure of a class of

       information pursuant to an authorisation under subsection (3A), (3B), (3C), or

       (3D) as referred to in subsection (7) if..

        (a) the disclosure is made to a Commonwealth agency, State agency, a foreign

        country, an instrumentality or agency of a foreign country or an

        international organisation, that is specified in the regulations; and

        (b) the class of information specified by the CEO [the Chief Executive Officer

        of the Australian Customs Service] in the authorisation is specified in the

        regulations as a class of information that may be disclosed to the agency,

        country, instrumentality or organisation concerned."

Subsection 16(1A) provides in part that:

"international organisation means:

(b)       any other international organisation prescribed by the regulations for the purposes of this paragraph."

The purposes of the Customs Administration Regulations 2000 are threefold: first, to specify the entities to which an authorised person may disclose a class of information that is or that contains personal information; second, to specify the class of information that may be disclosed to each entity; third, to prescribe certain international organisations as entities to which disclosure of protected information may be authorised.

Schedule 1 of the Regulations lists the international organisations to which the CEO may authorise the disclosure of protected information.

Schedule 2 of the Regulations lists permitted entities to which classes of information that are or that include personal information may be disclosed, should the CEO so authorise. It also lists the permitted classes of information in relation to each permitted entity.

Schedule 3 of the Regulations specifies the permitted classes of information of which the CEO may authorise disclosure. Each class includes documents or information relating to or falling within the class description. Examples of the type of documents or information falling to each class are: surveillance activity or analysis; intelligence activity or analysis; commercial transactions; movement of vessels and aircraft; passenger and crew detentions and examinations; arrival and departure of persons to and from Australia; and detection, examination and seizure of goods .

Details of the regulations are in the Attachment.

The regulations commence on the date of the commencement of Schedule 2 to the Customs Legislation Amendment Act (No. 1) 1999. Schedule 2 commences on 23 March 2000.

ATTACHMENT

Customs Administration Regulations 2000

Regulation 1 - Name of Regulations

Regulation 1 provides for the regulations to be named the Customs Administration Regulations 2000.

Regulation 2 - Commencement

Regulation 2 provides for the regulations to commence on the date of the commencement of Schedule 2 to the Customs Legislation Amendment Act (No. 1) 1999.

Regulation 3 - Definition

Regulation 3 provides that in the Regulations, the word Act means the Customs 9 Administration Act 1985.

Regulation 4 - International organisations

Regulation 4 prescribes the international organisations mentioned in Schedule 1 as international organisations for the purpose of paragraph (b) of the definition of international organisation in subsection 16(1A) of the Act.

The Chief Executive Officer of Customs ("the CEO") may authorise the disclosure of protected information to international organisations pursuant to subsection 16(3D) of the Act. International organisations other than those falling within the meaning of the Diplomatic Privileges and Immunities Act 1967 must be prescribed, pursuant to paragraph (b) of the definition of international organisation in subsection 16(1A) of the Act.

Regulation 5 - Disclosure - permitted entitles

Regulation 5 provides that the entities mentioned in Schedule 2 are specified for the purposes of paragraph 16(10)(a) of the Act.

Regulation 6 - permitted classes of information

Where the CEO authorises the disclosure of a class of information that includes personal information, then that permitted class of information must be specified in the regulations as a class of information that may be disclosed to the permitted entities concerned (paragraph 16(10)(b) of the Act refers).

Subregulation 6(1) specifies the permitted classes of information mentioned in Schedule 3 for the purposes of paragraph 16(10)(b) of the Act

Subregulation 6(2) states that a permitted class of information mentioned in an item of Schedule 2 may be disclosed to the entity mentioned in the item.

Schedule 1 - International organisations

Schedule 1 lists international organisations to which the CEO may authorise the disclosure of protected information (regulation 4 refers).

Schedule 2 - Permitted entities

Schedule 2 lists the permitted entities to which the CEO may authorise the disclosure of classes of information.

Schedule 3 - Permitted classes of information

Schedule 3 lists the classes of information, of which the CEO may authorise disclosure.