Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Christopher Martin Ellison)Schedule 7 - Issue of seizure warrant
Customs Act 1901
Item 1 After paragraph 203(3)(d)
147. Item 1 is a technical amendment to the Customs Act.
148. Section 203 of the Customs Act relates to when seizure warrants to seize forfeited goods can be issued. Subsection 203(3) sets out the factors a judicial officer may have regard to in considering whether an authorised officer has demonstrated the necessity, in all the circumstances, for the seizure of particular goods.
149. Item 2 of Schedule 3 to the Customs Legislation Amendment Act (No. 1) 2003 (the CLA Act (No.1) 2003) purported to amend subsection 203(3) to insert an additional factor that a judicial officer may have regard to for the purposes of subsection 203(3). However, the amendment in item 2 was misdescribed and did not occur.
150. Item 1 remakes the amendment that should have been made by item 2 of Schedule 3 of the CLA Act (No.1) 2003 Act. Item 1 inserts new paragraph 203(3)(e) after paragraph 203(3)(d):
- (e)
- whether action might be taken under Division 5 of Part XIII in connection with any such offence;
151. Division 5 of Part XIII deals with the imposition of penalties in lieu of prosecution for specified offences.
Item 2 Application
152. Item 2 is an application provision that gives new paragraph 203(3)(e) a prospective application only. New paragraph 203(3) will only apply in relation to applications for a seizure warrant after the commencement of this Schedule; and applications that were made before the commencement of this Schedule but are being considered by a judicial officer after that commencement.
Customs Legislation Amendment Act (No. 1) 2003
Items 3 and 4 Items 2 and 3 of Schedule 3
153. Items 3 and 4 repeal items 2 and 3 of Schedule 3 to the CLA Act (No.1) 2003. Item 3 of that Schedule is the application provision for the misdescribed amendment purported to be made by item 2. This will avoid any confusion on the face of the Customs Act following the remaking of the amendment and the application provision in items 1 and 2 of this Schedule.
154. By virtue of item 8 of the table in subclause 2(1) of this Bill, items 3 and 4 are taken to have commenced retrospectively on the commencement of item 2 of Schedule 3 to the CLA Act (No.1) 2003 on 4 December 2003. As outlined above, these items merely correct a drafting error in the CLA Act (No.1) 2003 and do not substantively alter the law.