Border Security Legislation Amendment Act 2002 (64 of 2002)
Schedule 2 Information about people working in restricted areas or issued with security identification cards
Customs Act 1901
1 After Subdivision H of Division 1 of Part XII
Insert:
Subdivision HA - Information about people working in restricted areas or issued with security identification cards
213A Providing Customs with information about people working in restricted areas
(1) A person who employs or engages a restricted area employee must, within 7 days after doing so, provide to an authorised officer the required identity information in respect of the employee.
(2) If a person (the employer ):
(a) employs or engages another person after the commencement of this section; and
(b) at a later time the other person becomes a restricted area employee of the employer;
the employer must, within 7 days after that later time, provide to an authorised officer the required identity information in respect of the employee.
(3) If:
(a) a person (the employer ) employed or engaged another person before the commencement of this section; and
(b) the other person is a restricted area employee of the employer; and
(c) an authorised officer suspects on reasonable grounds that the other person has committed, or is likely to commit, an offence against a law of the Commonwealth;
the authorised officer may, in writing, request the employer to provide to the authorised officer, within 7 days after receiving the request, the required identity information in respect of the employee. The employer must comply with the request.
(4) A person does not comply with an obligation under subsection (1), (2) or (3) to provide information unless the person provides the information:
(a) in writing; or
(b) in such other form as the CEO determines in writing.
(5) A person commits an offence if the person fails to comply with subsection (1), (2) or (3).
Penalty: 30 penalty units.
(6) Subsection (5) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code.
(7) In this section:
required identity information , in relation to a person, means any one or more of the following:
(a) the name and address of the person;
(b) the person’s date and place of birth;
(c) any other information prescribed by the regulations.
restricted area employee means a person whose duties include working in an area covered by a notice under subsection 234AA(3), but does not include a person who is issued with a security identification card.
security identification card means a card of a kind specified in the regulations.
213B Providing Customs with information about people issued with security identification cards
(1) A person who issues a security identification card to another person in respect of an airport appointed under section 15 must, within 7 days after doing so, provide to an authorised officer the required identity information in respect of the person.
(2) If:
(a) before the commencement of this section, a person issued a security identification card to another person in respect of an airport appointed under section 15; and
(b) an authorised officer suspects on reasonable grounds that the other person has committed, or is likely to commit, an offence against a law of the Commonwealth;
the authorised officer may, in writing, request the person who issued the card to provide to the authorised officer, within 7 days after receiving the request, the required identity information in respect of the other person. The person so requested must comply with the request.
(3) A person does not comply with an obligation under subsection (1) or (2) to provide information unless the person provides the information:
(a) in writing; or
(b) in such other form as the CEO determines in writing.
(4) In this section:
required identity information has the meaning given by section 213A.
security identification card has the meaning given by section 213A.