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)

Schedule 1 - Dangerous Goods

Customs Act 1901

Item 1 After subsection 206(1)

16. Item 1 inserts new subsection (1A) into section 206 of the Customs Act.

17. Currently, section 206 allows the CEO or a Regional Director for a State or Territory to dispose of goods seized under a seizure warrant or seized without a warrant under subsections 203B(2), 203(2A), 203CA(3) or 203CB(2), where the goods:

17.1.1.
are perishable goods or live animals and the CEO or Regional Director is satisfied that the retention of those goods would constitute a danger to public health, the health of other animals or to plants or to agricultural produce; and
17.1.2.
are a vessel in the possession of an officer of Customs and the CEO or Regional Director is satisfied that the vessel is so unseaworthy that its custody or maintenance is impracticable.

18. However, the current provisions of section 206 do not allow for the disposal of other classes of seized goods the retention of which would also potentially constitute a danger to public health and safety (e.g. explosive material, chemical and biological agents). Customs does not currently possess the necessary staff or infrastructure to safely store these types of goods for extended periods of time.

19. New subsection (1A) allows the CEO or a Regional Director to dispose of any seized goods (including the destruction of the goods) where he or she is satisfied that the retention of the goods would constitute a danger to public health or safety.

Items 2 to 5 Consequential amendments

20. Items 2 to 5 amend the references to subsections 206(1) and 206(2) in subsections 206(3), 206(6) and 206(7) and paragraph 206(5)(c) to include a reference to new subsection 206(1A).

Item 6 Application

21. Item 6 provides that the amendments made by Schedule 1 apply only to goods seized on or after the commencement of this item.


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