Customs Legislation Amendment (Airport, Port and Cargo Security) Bill 2004
Explanatory Memorandum(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Christopher Martin Ellison)
This Explanatory Memorandum takes account of amendments made by the House of Representatives to the bill as introduced
Outline and financial impact statement
1. The purpose of this Bill is to amend the Customs Act 1901 (the Customs Act) to:
- allow a Customs officer to detain a person at a designated place where the officer suspects that the person has committed or is committing a serious Commonwealth offence or a prescribed State or Territory offence;
- allow a Customs officer to detain a person at a designated place who is subject to a warrant relating to a Commonwealth offence or a prescribed State or Territory offence or is on bail subject to a condition that they do not leave Australia and the bail relates to a Commonwealth offence or a prescribed State or Territory offence;
- allow a Customs officer to ask people who are in section 234AA places certain questions in order to ascertain whether the person is authorised to be in the place;
- require operators of certain departing ships and aircraft to report to Customs the people on board the ship or aircraft;
- allow a Customs officer to stop a conveyance in a Customs place to check for appropriate documentation relating to goods under Customs control on or in the conveyance;
- allow the Chief Executive Officer of Customs to take into account certain security related matters when appointing or revoking the appointment of a port;
- require cargo reports to be provided before a ship or aircraft arrives at its first port or airport in Australia; and
- require impending arrival, cargo and passenger reports for ships to be provided before the start of a prescribed period.
2. The Bill has no financial impact.