House of Representatives

Customs Legislation Amendment (Border Compliance and Other Measures) Bill 2006

Explanatory Memorandum

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

Notes on Clauses

Clause 1 Short title

3. This clause provides for the Bill, when enacted, to be cited as the Customs Legislation Amendment (Border Compliance and Other Measures) Act 2006 .

Clause 2 Commencement

4. 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 in accordance with column 2 of the table.

5. Item 1 of the table provides that sections 1 to 3 and anything in this Act not elsewhere covered by the table will commence on the day on which the Act receives the Royal Assent.

6. Item 2 of the table provides that Schedule 1 commences on the day after this Act receives the Royal Assent. Schedule 1 allows the CEO or a Regional Director for a State or Territory to dispose of seized goods in certain circumstances. This commencement will ensure that these powers can be used as soon as possible.

7. Item 3 of the table provides that Schedule 2 commences on the 28th day after the Act receives the Royal Assent. Schedule 2 allows Customs officers to restrict access by holders of a security identification card to section 234AA places, ships, aircrafts and wharves.

8. Item 4 of the table provides that Schedule 3 commences on the day after which the Act receives the Royal Assent.

9. Item 5 of the table provides that Schedule 5 commences on a single day to be fixed by Proclamation. However, if Schedule 5 does not commence within the period of 6 months after the Act receives the Royal Assent, Schedule 5 will commence on the day after the end of that period.

10. Item 6 of the table provides that Schedule 6 will commence on the day on which the Act receives the Royal Assent.

11. Item 7 of the table provides that items 1 and 2 of Schedule 7 will commence on the day on which the Act receives the Royal Assent.

12. Item 8 of the table provides that items 3 and 4 of Schedule 7 are taken to have commenced immediately after the commencement of item 2 of Schedule 3 of the Customs Legislation Amendment Act 2003 on 4 December 2003. Items 3 and 4 merely correct a drafting error in an earlier Act and makes no change to the substantive law.

13. Subclause (2) provides that column 3 of the table contains additional information that is not part of the Act.

Clause 3 Schedule(s)

14. 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 Customs Act is being amended.

15. 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.


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