Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Christopher Martin Ellison, MP)Schedule 9 - Officers of customs
Customs Act 1901
Item 1 - Subsection 4(1) (after paragraph (b) of the definition of Officer of Customs)
This item inserts a new paragraph into the definition of Officer of Customs in subsection 4(1) of the Customs Act to ensure that the Chief Executive Officer of Customs (the CEO) can authorise persons by reference to their office or position and that power to authorise extends to those offices and positions that do not exist at the time that the authorisation is made. The amendment also makes it clear that the office or position does not have to be in or for the Commonwealth. This will allow the CEO to authorise a class of persons to be Customs officers and if new positions or offices become part of that class the CEO will not need to remake the authorisation.
The term Officer of Customs is defined to mean a person employed in the Customs or a person authorised in writing by the Chief Executive Officer of Customs under the Customs Act to perform all of the functions of an Officer of Customs.
Item 2 - Subsection 4(1) (paragraphs (c) and (d) of the definition of Officer of Customs)
Paragraphs (c) and (d) of the definition of Officer of Customs make it clear that the CEO can authorise a person to perform the functions or exercise the powers of an officer of Customs under a certain provision of a Customs Act. That is, there may be circumstances where a person will be performing certain functions or exercising the powers of an officer of Customs under a provision of a Customs Act but not all of the functions or powers of an officer. Paragraphs (c) and (d) make it clear that the CEO can make a limited authorisation in respect of the relevant provisions.
This item amends paragraphs (c) and (d) of the definition of Officer of Customs to ensure that if the CEO authorises a person in respect of a specific provision of a Customs Act that he can do so by reference to the persons office or position even if that office or position does not exist at the time of the authorisation.
Item 3 - Saving - existing authorisations remain in effect
This item ensures that any authorisations made under paragraphs 4(1)(c) and (d) before the commencement of these provisions continue to operate as if they were made under new subparagraphs 4(1)(c)(i) and 4(1)(d)(i) respectively.