House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Christopher Martin Ellison)

Customs Legislation Amendment (Border Compliance and Other Measures) Bill 2006

OUTLINE

1. The purpose of this Bill is to amend the Customs Act 1901 (the Customs Act) to:

1.1.1.

allow the Chief Executive Officer of Customs (the CEO) or a Regional Director for a State or Territory to dispose of goods seized by Customs, if the CEO or Regional Director is satisfied that the retention of the goods would constitute a danger to public health or safety;

1.1.2.

allow a Customs officer to restrict access by holders of a security identification card to section 234AA places, ships, aircraft and wharves;

1.1.3.

make minor technical amendments to provisions implementing the Australia-United States Free Trade Agreement;

1.1.4.

allow authorised officers of Customs to request from issuing authorities updated required identity information in relation to security identification cards issued by the issuing authorities;

1.1.5.

require issuing authorities to notify Customs when a security identification card issued by the issuing authorities has expired or has been revoked;

1.1.6.

implement an Accredited Client Program that would enable importers meeting the accreditation requirements to utilise a streamlined entry, reporting and duty payment procedure for the importation of goods;

1.1.7.

confer protection from criminal responsibility for the possession, conveyance and facilitation of the conveyance, of prohibited imports, prohibited exports and smuggled goods (including narcotics) on officers of Customs who engage in those acts in the course of duty and on persons who engage in those acts on instructions from officers of Customs acting in the course of duty; and

1.1.8.

remake a misdescribed amendment to the Customs Act.