Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Christopher Martin Ellison, MP)Schedule 5 - Reporting of mail
Customs Act 1901
This item inserts into section 63A of the Customs Act a definition of cargo for the purposes of Division 3 of Part IV of that Act. This definition makes it clear that cargo, in relation to a ship or aircraft, includes any mail carried on the ship or aircraft. Item 2 below inserts a definition of mail into section 63A.
The insertion of this definition of cargo into section 63A will have the effect of making it clear that throughout Division 3 of Part IV of the Customs Act all of the obligations and powers that relate to cargo also apply to mail. This will clarify, for example, that mail has to be reported to Customs as part of a cargo report (section 64AB refers) and that Customs has the power to ask questions and require documents to be produced in respect of mail (section 64AE refers).
This item inserts into section 63A a definition of mail, in relation to a ship or aircraft, for the purposes of Division 3 of Part IV of the Customs Act. This definition includes two parts. The first provides that any goods that are consigned through the Post Office that are carried on the ship or aircraft are mail. These goods will be treated as mail and hence cargo for the purposes of Division 3 of Part IV of the Customs Act.
The second provides that any correspondence carried on the ship or aircraft that is not consigned as cargo and that is not accompanied personal or household effects of a passenger or member of the crew, is also mail. For example, airlines often carry on board their aircraft their own correspondence and correspondence for other airlines. This type of correspondence will also be treated as mail and hence cargo for the purposes of Division 3 of Part IV of the Customs Act.
Item 3 - After subsection 64AB(3A)
This item inserts a new subsection 64AB(3AAA) into the Customs Act, which provides that despite subsection 64AB(3A) (which provides that a cargo report can be made by document or computer), if a cargo report relates to mail that is intended to be unshipped in Australia, that part of the report relating to mail must be made to Customs by computer. This provision has the effect of inserting into the Customs Act a mandatory requirement to report mail to Customs by computer.
This Bill is also inserting into the Customs Act a requirement that owners of ships and aircraft report cargo that is transiting through Australia. Since new subsection 64AB(3AAA) only applies to mail that is intended to be unshipped in Australia, the requirement to report mail by computer will not extend to mail that is in transit through Australia. Whilst transit mail does not have to be reported by computer, it is still required to be reported (by either document or computer).
Item 4 - After subsection 64ABA(1)
This item inserts a new subsection 64ABA(1A) into the Customs Act which ensures that any variation of a cargo report relating to mail that is intended to be unshipped in Australia must be communicated to Customs by computer. This, in combination with new subsection 64AB(3AAA), will ensure that both those parts of cargo reports relating to mail and variations relating to mail will have to be reported to Customs by computer.