EXPLANATORY STATEMENT

 

Select Legislative Instrument 2008 No. 64

 

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs Amendment Regulations 2008 (No. 3)

 

Section 270 of the Customs Act 1901 (the Act) provides, in part, that the Governor‑General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed, or as may be necessary or convenient to be prescribed, for giving effect to the Act.

Section 114F of the Act sets out provisions relating to the notice which must be given to Customs by a person who receives goods for export at certain wharves or airports. Subsection 114F(1A) of the Act provides that a person who takes delivery of goods for export at certain wharves or airports must notify Customs of their receipt of the goods within the period of time prescribed by the Customs Regulations 1926 (the Principal Regulations).

Subregulation 98B(2) of the Principal Regulations previously provided that the prescribed period of time for both wharves and airports was within 3 hours after receipt of the goods.

The purpose of the amending Regulations is to require a person who takes delivery of goods at an airport to give Customs notice of their receipt within 1 hour after receipt of the goods.

In 2005, the Rt Hon Sir John Wheeler conducted a review of airport security and policing in Australia, which recommended, among other things, the shortening of the period of time within which persons at airports who take delivery of goods for export must notify Customs of their receipt of the goods. The basis of this recommendation was to provide Customs with a better opportunity to assess and examine high-risk export air cargo.

The amending Regulations repeal and substitute subregulation 98B(2) of the Principal Regulations. New subregulation 98B(2) creates a table containing two items. Item 1 provides that a person who takes delivery of goods for export at a wharf must notify Customs of their receipt within 3 hours after receipt of the goods; this does not change the previous notification requirement in relation to wharves. Item 2 provides that a person who takes delivery of goods for export at an airport must notify Customs within 1 hour after receipt of the goods; this amends the Principal Regulations to effect the Government's acceptance of the recommendation in the Wheeler Report.

Consultation was undertaken with industry groups and representatives, including Cargo Terminal Operators.

In order to enable industry to adjust to the new reporting timeframe, the amending Regulations commence 21 days after the day they are registered on the Federal Register of Legislative Instruments.

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