House of Representatives

Customs and Other Legislation Amendment (Australian Border Force) Bill 2015

Explanatory Memorandum

(Circulated by authority of the Minister for Immigration and Border Protection, the Honourable Peter Dutton MP)

Notes on clauses

Background

1. This Bill proposes to make consequential, contingent and other amendments to various laws of the Commonwealth. These amendments support the announcement of the Government on 9 May 2014 to abolish the Australian Customs and Border Protection Service and merge its functions with those administered by the Department of Immigration and Border Protection, abolish the statutory office of the Chief Executive Officer of Customs (the CEO), and provide for the functions and powers of the Australian Border Force Commissioner (including in his or her capacity as the Comptroller-General of Customs).

2. Further details relating to the amendments in this Bill are set out in the Schedules below:

·
Schedule 1 - Amendments of Customs Act 1901;
·
Schedule 2 - Repeal of Customs Administration Act 1985;
·
Schedule 3 - Amendment of the Migration Act 1958;
·
Schedule 4 - Amendment of Work Health and Safety Act 2011;
·
Schedule 5 - Amendments of Acts referring to the Customs;
·
Schedule 6 - Amendments of Acts referring to the CEO;
·
Schedule 7 - Amendments of Acts referring to the Comptroller-General of Customs;
·
Schedule 8 - Contingent amendments; and
·
Schedule 9 - Other application and transitional provisions.

GLOSSARY

Acts Interpretation Act Acts Interpretation Act 1901
ABF Act Australian Border Force Act 2015
ABF Commissioner Australian Border Force Commissioner
ABF Australian Border Force
ABF worker Australian Border Force worker
ACBPS Australian Customs and Border Protection Service
AFP Australian Federal Police
AMSA Australian Maritime Safety Authority
AMLCTF Act Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Australian Citizenship Act Australian Citizenship Act 2007
ACC Act Australian Crime Commission Act 2002
ACC Australian Crime Commission
ACLEI Australian Commission for Law Enforcement Integrity
APC Act Australian Postal Corporation Act 1989
Biosecurity Act Biosecurity Act 2015
CEO Chief Executive Office of Customs
Crimes Act Crimes Act 1914
Crimes Currency Act Crimes (Currency) Act 1981
Criminal Code Criminal Code Act 1995
Customs Administration Act Customs Administration Act 1985
Customs Act Customs Act 1901
Drug and Alcohol Testing Customs (Drug and Alcohol Testing) Regulation 2013
Regulation
Data Retention Amendment Act Telecommunication (Interception and Access) Amendment (Data Retention) Act 2015
Department Department of Immigration and Border Protection
Fair Work Act Fair Work Act 2009
Foreign Fighters Amendment Act Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014
IBP worker Immigration and Border Protection worker
IBP Secretary Immigration and Border Protection Secretary
Legislative Instruments Act Legislative Instruments Act 2003
Migration Act Migration Act 1958
Navigation Act Navigation Act 2012
Privacy Act Privacy Act 1988
Public Service Act Public Service Act 1999
Secretary Secretary of the Department
TIA Act Telecommunications (Interception and Access) Act 1979
WH & S Act Work Health and Safety Act 2011

Section 1 - Short title

1. This section is a formal provision specifying the short title of the Bill, which when enacted is to be cited as the Customs and Other Legislation Amendment (Australian Border Force) Act 2015.

Section 2 - Commencement

2. This section provides for the commencement of the Bill. Subsection 2(1) provides for each provision of this Bill specified in column 1 of the table, when enacted, commences or is taken to have commenced, in accordance with column 2 of the table, and for any other statement in column 2 to have effect according to its terms.

3. Table item 1 provides that sections 1 to 3 (and anything in this Bill not elsewhere covered by the table) will commence on the day the Bill receives the Royal Assent.

4. Table item 2 provides that Schedules 1 to 7 of the Bill will commence at the same time as the Australian Border Force Act 2015 (the ABF Act). The ABF Act commences on 1 July 2015.

5. The commencement of items 1 to 3 of Schedule 8 of the Bill is dependent on the commencement of section 3 of the Biosecurity Act 2015 (the Biosecurity Act) and is to commence on the later of (see table item 3 under subclause 2(1)):

·
immediately after the commencement of the ABF Act; and
·
immediately after the commencement of section 3 of the Biosecurity Act.

6. The commencement of items 4 to 7 of Schedule 8 of the Bill is dependent on the commencement of amendments in Schedule 1 to the Crimes Legislation Amendment (Psychoactive Substances and Other Measures) Act 2015 (PSOM Act) and is to commence on the later of (see table item 4 under subclause 2(1)):

·
the start of 1 July 2015; and
·
immediately after the commencement of item 7 of Schedule 1 to PSOM Act.

7. Table item 5 provides for items 8 and 9 of Schedule 8 of the Bill to commence immediately after the commencement of item 13 of Schedule 6 to the Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 (Foreign Fighters Amendment Act). That item of the Foreign Fighters Amendment Act commences on 1 July 2015.

8. he commencement of item 10 to 13 of Schedule 8 of the Bill is dependent on the commencement of amendments in Schedule 2 to the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015 (Data Retention Amendment Act) and is to commence on the later of (see table item 6 under subclause 2(1)):

·
the start of 1 July 2015; and
·
immediately after the commencement of Schedule 2 to the Data Retention Amendment Act.

9. Table item 7 provides that Schedule 9 of the Bill is to commence at the same time as the ABF Act. The ABF Act is to commence on 1 July 2015.

10. The note under subsection 2(1) explains that the table only relates to the provisions of this Bill as originally enacted and will not be amended to deal with any later amendments to the Bill, when enacted.

11. Subsection 2(2) provides that any information in column 3 of the table is not part of this Bill but may be inserted in this column, or information in it may be edited, in any published version of this Bill, to assist readers.

Section 3 - Schedules

12. This section provides that legislation that is specified in a Schedule to this Bill is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to the Bill has effect according to its terms.


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