Explanatory Memorandum
(Circulated by authority of the Minister for Home Affairs, the Honourable Bob Debus MP)CUSTOMS LEGISLATION AMENDMENT (NAME CHANGE) BILL 2009
OUTLINE
The purpose of this Bill is to amend the Customs Administration Act 1985 to rename the Australian Customs Service as the Australian Customs and Border Protection Service. The Bill will also amend 24 other Commonwealth Acts, including the Customs Act 1901, to replace references to the "Australian Customs Service" in these Acts with "Customs". The Bill will also update the wording used on the Customs seal to refer to "Customs and Border Protection".
On 4 December 2008, the Prime Minister issued the first National Security Statement. This Statement sets out the national security challenges facing Australia into the future, and a comprehensive approach proposed to be adopted to respond to those challenges.
One of the challenges highlighted in the Statement is transnational crime, such as trafficking in persons, drugs and arms, and people smuggling, which involves the organised, unauthorised arrival of people by boat to Australia. Presently, the Australian Customs Service performs a significant role in addressing people smuggling. However, the Prime Minister expressed concern that the current arrangements in relation to addressing this issue involve a wide range of government agencies but lack unified control and direction, and a single point of accountability.
The Government has decided therefore to put in arrangements to better enable the existing Australian Customs Service to meet this resurgent threat to border integrity. As part of these arrangements, the Australian Customs Service is to be re-named the Australian Customs and Border Protection Service. This new name will reflect the Australian Customs Service's proposed new capabilities to task and analyse intelligence, coordinate surveillance and on-water response, and engage internationally with source and transit countries to comprehensively address and deter people smuggling.
FINANCIAL IMPACT STATEMENT
The measures in this Bill have no financial impact.
NOTES ON CLAUSES
Clause 1 - Short title
This clause provides for the Bill, when enacted, to be cited as the Customs Legislation Amendment (Name Change) Act 2009.
Clause 2 - Commencement
This clause provides for the Bill to commence on the day after it receives the Royal Assent.
Clause 3 - Schedules
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.
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.
Schedule 1 - Amendment of the Customs Administration Act 1985
Item 1 - Title
This item amends the Long Title of the Customs Administration Act 1985 (the Act) by omitting the phrase "to establish an Australian Customs Service" and substituting the phrase "to provide for an Australian Customs and Border Protection Service". The amended Long Title of the Act would read "An Act to provide for an Australian Customs and Border Protection Service, and for purposes connected therewith".
Item 2 - Subsection 4(1)
This item repeals and substitutes subsection 4(1) of the Act.
New subsection 4(1) provides that the agency known immediately before the commencement of new subsection 4(1) as the Australian Customs Service is continued in existence with the new name, the Australian Customs and Border Protection Service. The effect of new subsection 4(1) is that the Australian Customs Service, which was established under the previous subsection 4(1) of the Act, is continued in existence with its new name.
The heading to section 4 of the Act is also amended by inserting the words "and Border Protection" after "Australian Customs". Therefore, the heading will now read "Australian Customs and Border Protection Service" in place of "Australian Customs Service".
Item 3 - Subsection 4(2), (3) and (4)
Item 5 - Subsection 4A(1)
Item 6 - Section 16 (including the example)
Item 7 - Subsection 17(1)
These items amend subsections 4(2), (3) and (4), subsection 4A(1), section 16 and subsection 17(1) of the Act by inserting the words "and Border Protection" after "Australian Customs" as a consequence of the amendment in item 2. Therefore, these provisions will now refer to "the Australian Customs and Border Protection Service" in place of "the Australian Customs Service".
Item 4 - After section 4
This item amends the Act by inserting new section 4AA, which sets out a meaning of "Customs" when that term is used in any Commonwealth Act. New section 4AA provides that in any Act, unless the contrary intention appears, the term Customs means the agency continued in existence under new subsection 4(1) of the Act.
In Schedule 2 to the Bill, several Commonwealth Acts are being amended by replacing references to the "Australian Customs Service" in these Acts with "Customs". By virtue of new section 4AA, these references will be references to the Australian Customs and Border Protection Service as this is the agency continued in existence under new subsection 4(1) of the Act.
Schedule 2 - Amendment of other Acts
ACIS Administration Act 1999
Item 1
This item amends subsection 115(2) and (3) of the ACIS Administration Act 1999 by omitting the references to "the Australian Customs Service" and substituting references to "Customs".
Air Services Act 1999
Item 2
This item amends the definition of authority of the Commonwealth in subsection 3(1) of the Air Services Act 1999 by repealing paragraph (b) which refers to "the Australian Customs Service", and substituting new paragraph (b) which refers to "Customs".
A New Tax System (Goods and Services Tax) Act 1999
Item 3
This items amends paragraph 117-5(1)(a) of the A New Tax System (Goods and Services Tax) Act 1999 by omitting the reference to "the Australian Customs Service" and substituting a reference to "Customs".
A New Tax System (Wine Equalisation Tax) Act 1999
Item 4
This item amends section 33-1 of the A New Tax System (Wine Equalisation Tax) Act 1999 by repealing the definition of Customs which refers to the Australian Customs Service, and substituting a new definition of Customs which refers to the agency continued in existence under subsection 4(1) of the Customs Administration Act 1985.
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Item 5
This item amends the definition of designated agency in section 5 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 by repealing paragraph (e) which refers to "the Australian Customs Service", and substituting new paragraph (e) which refers to "Customs".
Australian Crime Commission Act 2002
Items 6 and 7
These items amend the Australian Crime Commission Act 2002 by:
- (a)
- amending paragraph (c) of the definition of eligible Commonwealth Board member in subsection 4(1) by omitting the reference to "the Australian Customs Service", and substituting a reference to "Customs"; and
- (b)
- amending paragraph 7B(2)(c) by omitting the reference to "the Australian Customs Service", and substituting a reference to "Customs".
Australian Nuclear Science and Technology Organisation Act 1987
Item 8
This item amends the definition of law enforcement agency in subsection 3(1) of the Australian Nuclear Science and Technology Organisation Act 1987 by repealing paragraph (c) which refers to "the Australian Customs Service", and substituting new paragraph (c) which refers to "Customs".
Australian Postal Corporation Act 1989
Items 9, 10 and 11
These items amend the Australian Postal Corporation Act 1989 by:
- (a)
- amending the definition of compliance agency in section 90E by repealing paragraph (a) which refers to "the Australian Customs Service", and substituting new paragraph (a) which refers to "Customs"; and
- (b)
- amending subsection 90T(8) by omitting the reference to "the Australian Customs Service established under the Customs Administration Act 1985", and substituting a reference to "Customs"; and
- (c)
- amending subsection 90V(2A) by omitting the reference to "the Australian Customs Service", and substituting a reference to "Customs".
Australian Sports Anti-Doping Authority Act 2006
Items 12 and 13
These items amend paragraphs 71(2)(f) and 72(2)(f) of the Australian Sports Anti-Doping Authority Act 2006 by omitting the references to "the Australian Customs Service", and substituting references to "Customs".
Civil Aviation Act 1988
Item 14
This item amends the definition of authority of the Commonwealth in subsection 3(1) of the Civil Aviation Act 1988 by repealing paragraph (b) which refers to "the Australian Customs Service", and substituting new paragraph (b) which refers to "Customs".
Crimes Act 1914
Items 15 to 19
These items amend the Crimes Act 1914 by:
- (a)
- amending the definition of law enforcement officer in subsection 3(1) by repealing paragraph (d) which refers to "an officer of the Australian Customs Service", and substituting new paragraph (d) which refers to "an officer of Customs"; and
- (b)
- amending subparagraph and 15N(2)(c)(iv) and section 15Q by omitting the references to "the Australian Customs Service", and substituting references to "Customs"; and
- (c)
- amending the definition of Commonwealth participating agency in subsection 15XA(1) by repealing paragraph (b) which refers to "the Australian Customs Service", and substituting new paragraph (b) which refers to "Customs"; and
- (d)
- amending the definition of law enforcement agency in section 85ZL by repealing paragraph (ba) which refers to "the Australian Customs Service", and substituting new paragraph (ba) which refers to "Customs".
Criminal Code Act 1995
Item 20
This item amends paragraph (e) of the definition of Commonwealth law enforcement officer in section 146.1 of the Criminal Code Act 1995 by omitting the references to "the Australian Customs Service", and substituting references to "Customs".
Customs Act 1901
Items 21, 22, 23 and 24
These items amend the Customs Act 1901 by:
- (a)
- repealing the definition of Customs in subsection 4(1) as a consequence of new section 4AA of the Act; and
- (b)
- Omitting the reference to "H.M. Customs" paragraph 13(2)(b) and substituting "Customs and Border Protection". Subsection 13(2) sets out the details that must be included in the design of the Customs seal and these details are to be updated to reflect the new name of the Australian Customs and Border Protection Service; and
- (c)
- amending subsection 64ACB(8) and the note to subsection 273GAB(1) by omitting the references to "the Australian Customs Service", and substituting references to "Customs".
Environment Protection (Sea Dumping) Act 1981
Items 25 to 29
These items amend the Environment Protection (Sea Dumping) Act 1981 by:
- (a)
- amending the definition of inspector in subsection 4(1) by omitting the reference in paragraph (b) to" the Australian Customs Service", and substituting a reference to "Customs"; and
- (b)
- amending paragraph 27(b) and subsections 28(1), 29(6), 29(7) and 32(2) by omitting all references to "the Australian Customs Service", and substituting references to "Customs".
Evidence Act 1995
Item 30
This item amends the definition of Commonwealth document in the Dictionary at the end of the Evidence Act 1995 by omitting the reference to "the Australian Customs Service" in subparagraph (b)(i), and substituting a reference to "Customs".
Excise Act 1901
Items 31, 32 and 33
These items amend the Excise Act 1901 by:
- (a)
- repealing the definition of The Customs in subsection 4(1) as a consequence of new section 4AA of the Act; and
- (b)
- amending subsections 24(2), 24(3) and paragraph (a) of the definition of officer of Customs in subsection 61E(1) by omitting the references to "the Customs" and substituting with references to "Customs".
Fisheries Management Act 1991
Item 34
This item amends subsection 167B(2) of the Fisheries Management Act 1991 by omitting the reference to "the Australian Customs Service (Customs)" and substituting a reference to "Customs".
Hazardous Waste (Regulation of Imports and Exports) Act 1989
Item 35
This item amends the note to subsection 42(3) of the Hazardous Waste (Regulation of Imports and Exports) Act 1989 by omitting the reference to "the Australian Customs Service" and substituting a reference to "Customs".
Horticulture Marketing and Research and Development Services Act 2000
Item 38
This item amends the note to section 26A of the Horticulture Marketing and Research and Development Services Act 2000 by omitting the reference to "the Australian Customs Service" and substituting a reference to "Customs".
Imported Food Control Act 1992
Item 37
This items amends the Imported Food Control Act 1992 by repealing the definition of Customs in subsection 3(1) as a consequence of new section 4AA of the Act.
Maritime Transport and Offshore Facilities Security Act 2003
Items 38 to 41
These items amend the Maritime Transport and Offshore Facilities Security Act 2003 by:
- (a)
- repealing paragraphs 9(2)(b) and 9(3)(b) which contain references to "the Australian Customs Service", and substituting new paragraphs which refer to "Customs"; and
- (b)
- amending the notes to the definitions of maritime industry participant and offshore industry participant in section 10 by omitting the references to "the Australian Customs Service", and substituting references to "Customs".
Migration Act 1958
Item 42
This item amends subsection 245L(6) of the Migration Act 1958 by omitting the reference to "the Australian Customs Service" and substituting a reference to "Customs". The heading to this subsection will also be amended to remove the reference to "Australian Customs Service".
National Health Act 1953
Item 43, 44 and 45
These items amend the National Health Act 1953 by:
- (a)
- amending the definitions of CEO of Customs and Customs documentation purposes in subsection 99ZH(1) by omitting the references to "the Australian Customs Service", and substituting references to "Customs"; and
- (b)
- amending subsection 99ZN(6) by omitting the reference to "the Australian Customs Service", and substituting a reference to "Customs".
Privacy Act 1988
Item 46
This item amends the definition of enforcement body in subsection 6(1) of the Privacy Act 1988 by repealing paragraph (c) which refers to "the Australian Customs Service", and substituting new paragraph (c) which refers to "Customs".