Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Christopher Martin Ellison, MP)Notes on clauses
Clause 1 - Short title
This clause provides for the Bill, when enacted, to be cited as the Border Security Legislation Amendment Act 2002.
Clause 2 - Commencement
Subclause (1) provides that each provision of this Act specified in column 1 of the table in that subclause commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.
Item 1 of the table provides that sections 1, 2 and 3 and anything not elsewhere covered by this table commence on the day on which the Act receives the Royal Assent.
Item 2 provides that Schedules 1 and 2 commence on a single day to be fixed by Proclamation subsection to subclause (3). Schedule 1 permits the creation of restricted areas of airports. Schedule 2 requires certain employers and security identification card issuers to provide Customs with certain information about people who work at international airports.
Item 3 provides that Schedule 3 commences on the day on which this Act receives the Royal Assent. This Schedule allows Customs officers to patrol airports.
Item 4 provides that Part 1 of Schedule 4 commences on a single day fixed by Proclamation, subject to subclause (3). This Part relates to the reporting of goods that are in transit through Australia. It is presumed that these amendments will commence before the relevant provisions of the Customs Legislation Amendment (International Trade Modernisation) Act 2001 (the ITM Act).
Item 5 provides that Part 2 of Schedule 4 commences immediately after item 118 of Schedule 3 to the ITM Act commences. This part also relates to the reporting of goods that are in transit through Australia.
Item 6 provides that Schedule 5 commences on a single day to be fixed by Proclamation subject to subclause (3). Schedule 5 relates to the electronic reporting of mail to Customs.
Item 7 provides that Part 1 of Schedule 6 commences on a single day to be fixed by Proclamation subject to subclause (3). Part 1 relates to the reporting of passengers and crew.
Item 8 provides that items 10 to 15 of Schedule 6 commence immediately before item 122 of Schedule 3 to the ITM Act commences. These items are consequential amendments to the ITM Act.
Item 9 provides that items 16 to 18 of Schedule 6 commence at the same time as items 1 to 8 of Schedule 10. These items are consequential amendments to the Evidence Act 1995 .
Item 10 provides that Schedule 7 commences on the 28th day after the day on which the Act receives the Royal Assent. This Schedule relates to Customs access to airline passenger information held electronically.
Item11 provides that Schedule 8 commences on a day to be fixed by Proclamation, subject to subclause (3). This Schedule contains amendments to the Fisheries Management Act 1991 .
Item 12 provides that Schedules 9 commences on the day on which this Act receives the Royal Assent. Schedule 9 relates to the power of the Chief Executive Officer to authorise persons to perform the functions of an Officer of Customs.
Item 13 provides that Schedule 10 commences on the 28th day after the day on which the Act receives the Royal Assent. The amendments in Schedule 10 relate to the issuing of approved firearms and items of personal defence equipment to officers of Customs. The 28 day delay in commencement will enable the necessary authorisations under these amendments to be prepared.
Item 14 provides that Schedule 11 and 12 commence on the day on which the Act receives the Royal Assent. These schedules amend the arrest powers in Customs Act and amend section 16 of the Customs Administration Act.
Item 15 provides that Schedule 13 commences on the day on which the Act receives the Royal Assent. Schedule 13 makes certain undeclared unaccompanied personal and household effects forfeited to the Crown.
Subclause (2) provides that column 3 of the table is for additional information that is not part of the Act. This information may be included in any published version of the Act.
Subclause (3) provides that if a provision covered by item 2, 4, 6, 7 or 11 of the table does not commence within the period 6 months of the day beginning on the day on which the Act receives the Royal Assent, it commences on the first day after the end of that period. This is the standard provision that applies to commencement by Proclamation.
Clause 3 - Schedules
This clause is the formal enabling provision for the Schedule to the Bill, providing that each Act specified in a Schedule is amended in accordance with the applicable items of the Schedule. In this Bill the Acts being amended are the Customs Act 1901 and the Customs Administration Act 1985 , the Fisheries Management Act 1991 , the Migration Act 1958 and the Evidence Act 1995 .
The clause also provides that the other items of the Schedules have effect according to their terms. This is a standard enabling clause for transitional, savings and application items in amending legislation.