House of Representatives

Border Security Legislation Amendment Bill 2002

Border Security Legislation Amendment Act 2002

Explanatory Memorandum

(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Christopher Martin Ellison, MP)

Schedule 3 - Power to patrol airports

Customs Act 1901

Item 1 - Section 193

Section 193 of the Customs Act enables an officer of Customs to patrol any part of the coast or any railwayany port bay harbour. As this is an original provision of the Customs Act, and aircraft had not been invented, the concept of an airport forming part of the border was not a consideration. This provision has not been amended since the Act commenced.

Under section 58 of the Customs Act, an aircraft on an international flight must land at an airport appointed under section 15 of the Customs Act. As with ships on an international voyage berthed at an appointed port, Customs should be able to patrol not only ports but also airports to ensure the integrity of the border.

This item amends section 193 to enable airports to be patrolled by an officer of Customs.


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