House of Representatives

Explanatory Memorandum

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

Schedule 6-Amendments of Acts referring to the CEO of Customs

553. Schedule 6 to this Bill contains amendments to various laws of the Commonwealth. This Schedule makes contingent and consequential amendments addressing the abolition of the office of the CEO as a result of the repeal of the Customs Administration Act.

A New Tax System (Goods and Services Tax) Act 1999

Items 1 to 2 - Paragraph 117-5(1)(a); transitional provision

554. The A New Tax System (Goods and Services Tax) Act 1999 (the GST Act) imposes GST, including on goods imported into Australia (a taxable importation).

555. Under paragraph 117-5(1)(a) of the GST Act, the CEO currently has the power to determine the cost of materials, labour and other charges involved in the repair or renovation of goods that are exported from Australia for repair or renovation. This cost is used in determining the value of the taxable importation into Australia of such goods.

556. Item 1 will amend this paragraph of the GST Act to omit the reference to the "Chief Executive Officer of Customs" and substitute with the reference to the "Comptroller-General of Customs". This will mean that this determination will now be made by the Comptroller-General of Customs.

557. Item 2 contains a transitional provision for this amendment, such that determinations made under paragraph 117-5(1)(a) of the GST Act by the CEO before the commencement of the item has effect on or after commencement as if it had been made by the Comptroller-General of Customs.

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

558. The stated objects of the AMLCTF Act include fulfilling Australia's international obligations, and to address matters of international concern, including in relation combating money laundering; and the financing of terrorism.

559. The objects of this Act are achieved by (among other things) requiring information to be given to the Australian Transaction Reports and Analysis Centre (AUSTRAC) CEO and by allowing certain other agencies to access information collected by the AUSTRAC CEO.

560. Presently, the CEO has certain powers under the AMLCTF Act. To maintain, continuity upon repeal of the Customs Administration Act, it is proposed that the powers conferred on the CEO be instead conferred on the Comptroller-General of Customs.

Item 3 - Section 5

561. This item will insert a new definition of Comptroller-General of Customs. This will mean the person who is the Comptroller-General of Customs in accordance with the relevant provisions of the Australian Border Force Act 2015 (either the substantive Comptroller-General of the Acting Comptroller-General).

Item 4 - Section 5 (definition of customs officer )

562. This item will repeal the definition of "customs officer" and substitute a new definition. This will mean "an officer of Customs within in the meaning of the Customs Act 1901" (as amended by Part 1 of Schedule 1 to this Bill).

Item 5 - Section 5 (paragraph (c) of the definition of investigating officer )

563. This item will omit the reference to ""Chief Executive Officer of Customs"" in this definition and substitute a reference to the Comptroller-General of Customs. All customs officers (other than the CEO) are investigating officers under the AMLCTF Act.

Item 6 - Paragraph 49(1)(e)

564. This item will omit the reference to the ""Chief Executive Officer of Customs"" in this section and substitute a reference to the "Comptroller-General of Customs".

565. Under section 49, where a reporting entity (which includes banks, credit unions and building societies) report certain information to the AUSTRAC CEO (including transactions involving the transfer of $10,000 or more), the CEO or an investigating officer may require the reporting entity to give further information or produce certain documents.

566. The amendment in this item, in combination with the new definition of "customs officer", will enable the Comptroller-General of Customs and customs officers in the integrated Department to make such requests. It is expected that only customs officers who are in the ABF or who are performing intelligence functions in the integrated Department will be exercising the powers under section 49.

Item 7 - Subsection 61(4)

567. This item will omit the reference to the ""Chief Executive Officer of Customs"" in this subsection and substitute a reference to the "Comptroller-General of Customs".

568. Section 61 enables a customs officer to affix a notice to any part of a ship or aircraft or other place in the rules that relates to reporting obligations in relation to cross-border movements of physical currency and bearer negotiable instruments. It is an offence to interfere, remove or deface the notice, except where such conduct is authorised by the CEO. This amendment means such conduct will now be able to be authorised by the Comptroller-General of Customs.

Item 8 - Paragraphs 122(1)(h) and (3)(h)

569. This item will omit the references to the ""Chief Executive Officer of Customs"" in these paragraphs and substitute with references to the "Comptroller-General of Customs".

570. Section 122 contains restrictions on what a person who is or was a person listed in this section may do with section 49 information. Several exemptions are also included in this section. These amendments will mean that the Comptroller-General of Customs will now be subject to the restrictions, and to the exemptions.

Item 9 - Subparagraph 212(2)(a)(v)

571. This item will omit the reference to the ""Chief Executive Officer of Customs"" in this subparagraph and substitute with a reference to the "Comptroller-General of Customs".

572. This section sets out the functions of the AUSTRAC CEO and provides that in performing these functions, the AUSTRAC CEO must consult with, amongst other people, the CEO. This amendment will mean that the AUSTRAC CEO will now be required to consult with the Comptroller-General of Customs.

Item 10 - Saving and transitional provisions

573. This item contains saving and transitional provisions for these amendments.

574. First, a thing done by, or in relation to, a customs officer, being the CEO, under the AMLCTF Act before the commencement of this item has effect on and after that commencement as if it had been done by, or in relation to, a customs officer, being the Comptroller-General of Customs.

575. Second, a notice given by the CEO before the commencement of this item under subsection 49(1) of the AMLCTF Act has effect on and after that commencement as if it had been given under that subsection by the Comptroller-General of Customs.

576. Third, an authorisation given by the CEO before the commencement of this item under subsection 61(4) of the AMLCTF Act has effect on and after that commencement as if it had been given under that subsection by the Comptroller-General of Customs.

577. Fourth, despite the amendments of section 122 of the AMLCTF Act made by this Schedule, that section, as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a person who was at any time before that commencement the CEO.

Australian Crime Commission Act 2002

Items 11 to 13 - Subsection 4(1); section 4(1) (paragraph (c) of the definition of eligible Commonwealth Board member); and paragraph 7B(2)(c)

578. The ACC Act sets out the operational, investigative, and coercive powers which the ACC is able to exercise. The ACC Board determines the priorities and strategic direction of the ACC.

579. Currently, the CEO is a member of the ACC Board under section 7B of the ACC Act and is also included in the definition of "eligible Commonwealth Board member".

580. Item 11 will amend subsection 4(1) of the ACC Act to insert a new definition of "Comptroller-General of Customs". Items 12 and 13 will amend subsection 4(1) and paragraph 7B(2)(c) respectively to omit the references to the "Chief Executive Officer of Customs" and substitute with the references to the "Comptroller-General of Customs". This will mean that the Comptroller-General will be an eligible Commonwealth Board member and will be a member of the ACC Board.

Australian Jobs Act 2013

Items 14 and 15 - Paragraph 107(1)(n); and saving provision

581. The Australian Jobs Act 2013 (the Jobs Act) requires major projects, both private and public, with a capital expenditure of $500 million or more to develop an Australian Industry Participation plan, which enables local Australian business to bid for, supply, or otherwise participate in such projects.

582. Currently, under section 107 of the Jobs Act, certain information, including protected information, may be disclosed to agencies, bodies or persons if such information will enable or assist in the performance or exercise of functions or powers of that agency, body or person. The CEO is included in the list of agencies, bodies and persons to which or whom such information may be disclosed in paragraph 107(1)(n).

583. Item 14 repeals paragraph 107(1)(n) and substitutes a new paragraph (n) referring to the "Comptroller-General of Customs (within the meaning of the Customs Act 1901)". This will mean that such information, including protected information, may be disclosed to the Comptroller-General of Customs, who may then use that information to perform or exercise his or her functions or powers.

584. Item 15 contains a saving provision for this amendment, whereby subsection 107(4) as in force immediately before the commencement of this item, continues to apply on or after commencement in relation to a person who was at any time before that commencement the CEO. This will mean that subsection 107(4) applies to a person occupying the position of the CEO prior to the commencement of this item where there is a breach of a condition imposed by the Authority in subsection 107(3), even if such position no longer exists.

Clean Energy Regulator Act 2011

Items 16 and 17 - Paragraph 49(1)(u); and saving provision

585. The Clean Energy Regulator Act 2011 (the Regulator Act) establishes the Clean Energy Regulator, which is responsible for administering the functions and powers relating to the carbon pricing mechanism and other aspects of the climate change plan.

586. Currently, section 49 of the Regulator Act, certain information, including protected information, may be disclosed to agencies, bodies or persons if such information will enable or assist in the performance or exercise of functions or powers of the agency, body or person. The CEO is included in the list of agencies, bodies and persons to which such information may be disclosed in paragraph 49(1)(u).

587. Item 16 omits the reference to "Chief Executive Officer of Customs" in paragraph 49(1)(u) and substitutes it with a reference to the "Comptroller-General of Customs (within the meaning of the Customs Act 1901)". This will mean that such information, including protected information, may be disclosed to the Comptroller-General of Customs, who may then use that information to perform or exercise his or her functions or powers.

588. Item 17 contains a saving provision for this amendment, whereby subsection 49(4) as in force immediately before the commencement of this item, continues to apply on or after commencement in relation to a person who was at any time before that commencement the CEO. This will mean that subsection 49(4) applies to a person occupying the position of the CEO prior to the commencement of this item where there is a breach of a condition imposed in subsection 49(3), even if such position no longer exists.

Commerce (Trade Descriptions) Act 1905

Items 18 to 22 - Section 1A; section 3 (definition of CEO ); section 3; subsections 7(3), 10(3), 11(3), 13(3) and 15(1); transitional provisions

589. The Trade Descriptions Act sets out the requirements for imported and exported goods into and from Australia, in particular the proper and accurate labelling and description of such goods.

590. Item 18 will amend section 1A of the Trade Descriptions Act to omit the reference to the "Chief Executive Officer of Customs" and substitute with the reference to the "Comptroller-General of Customs". This will mean that the Comptroller-General of Customs will have the general administration of the Trade Descriptions Act.

591. Items 19 and 20 will repeal the definition of "CEO" and insert a new definition for the "Comptroller-General of Customs". Consequently, item 21 will amend subsection 7(3), subsection 10(3), subsection 11(3), subsection 13(3), and subsection 15(1) to omit all references to "CEO" in those provisions and substitute with references to the "Comptroller-General of Customs".

592. Currently, if the CEO is satisfied that the owner, importer, or exporter (as the case may be) did not intentionally or recklessly contravene the regulation, falsely describe the goods, export goods not bearing the prescribed trade description, or export falsely marked goods, the CEO may by notice require the owner, importer, or exporter to address or otherwise correct the issue. These amendments will mean that such notices will now be given by the Comptroller-General of Customs. Additionally, a decision of the Comptroller-General of Customs may be subject to a review by the Administrative Appeals Tribunal.

593. Item 22 contains two transitional provisions for these amendments. First, a notice given by the CEO before the commencement of this item under paragraph 7(3)(a), paragraph 10(3)(a), paragraph 11(3)(a), or paragraph 13(3)(a) of the Trade Descriptions Act has effect on and after that commencement as if it had been given under that paragraph by the Comptroller-General of Customs. Second, an application made under subsection 15(1) of the Trade Descriptions Act before the commencement of this item for a review of a decision of the CEO had not been decided by the Administrative Appeals Tribunal before that commencement, then the application has effect on and after that commencement as if it had been made under that subsection for a review of a decision of the Comptroller-General of Customs.

Copyright Act 1968

Items 23 to 49

594. The Copyright Act 1968 (the Copyright Act) sets out the rights and protections in relation to creative and artistic works. Copyright covers the exclusive rights that are given to a creator to publish, print, perform or copy their own original work.

595. Presently, the CEO exercises several powers and functions under the Copyright Act. For example, under section 135, the CEO can be given a notice by the copyright owner objecting to the importation into Australia of the copyright material. If goods covered by the notice are imported into Australia for the purposes of trade, the CEO may seize the goods. The CEO then has several functions and powers in relation to the seized goods.

596. Items 25 to 47 will amend the relevant sections of the Copyright Act to omit all references to the "CEO" and substitute with references to the "Comptroller-General of Customs". This will mean that these functions and powers are exercisable by the Comptroller-General of Customs.

597. Items 23, 24 and 48 will, in effect, introduce a definition of "Comptroller-General of Customs" into the Copyright Act and repeal the definition of "CEO".

598. Item 49 contains a transitional provision for these amendments, such that anything done by, or in relation to the CEO under the relevant provisions of the Copyright Act before the commencement of the item has effect on or after commencement as if it had been done by, or in relation to, the Comptroller-General of Customs.

Crimes Act 1914

Amendments relating to controlled operations

599. Schedule 5 sets out the background to the proposed amendments to Part 1AB of the Crimes Act in relation to the provisions governing the authorisation, conduct and monitoring of controlled operations. The following items set out the remaining amendments to the relevant provisions in Part 1AB.

Item 50 - Subsection 3(1)

600. This item inserts a new term of "Immigration and Border Protection Department" into subsection 3(1) of the Crimes Act. The new term is defined as the "Department administered by the Minister administering the Australian Border Force Act 2015". This is a technical amendment to facilitate the meaning of other terms in subsection 3(1).

Item 51 - Section 15GC (paragraph (c) of the definition of chief officer )

601. The definition of "chief officer" includes a reference to the CEO. This amendment will substitute the person who is the chief officer which will be the Secretary of the Immigration and Border Protection Department.

Item 52 - Paragraph 15HG(5)(b)

602. As explained in the clause notes for Schedule 5, section 15HG contains notification requirements about loss or damage to property or personal injury that occurs during the course of a controlled operation. This section will now apply in relation to the chief officer of the Immigration and Border Protection Department. Under subsection 15HG(5), a chief officer may delegate any powers or functions under the section, and presently in respect of Customs, these may be delegated to a Deputy Chief Executive Officer of Customs or a person occupying an equivalent or higher position.

603. This item will amend section 15HG such that references to a Deputy Chief Executive Officer will be omitted and the amended provision will provide that the chief officer may only delegate any powers or functions under section 15HG to a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in the Immigration and Border Protection Department.

Item 53 - Section 15J(heading)

604. As explained in the clause notes for Schedule 5, section 15J of the Crimes Act sets out the requirement that applies where the applicant for an authority to conduct a controlled operation believes that illicit goods involved in the operation may be dealt with by Customs. The applicant must notify the CEO or a person nominated by him or her of certain matters, including the place or places at which goods are likely to be dealt with by Customs and the time or times when, and the day or days on which, those goods are likely to be dealt with by Customs.

605. Under this item, the reference to the CEO will be omitted and the person to whom the notification must be given will be amended to refer to the Secretary of the Immigration and Border Protection Department.

Amendments relating to integrity testing

606. Schedule 5 sets out the background to the proposed amendments to Part 1ABA of the Crimes Act in relation to the integrity testing of staff members of the integrated Department of Immigration and Border Protection. The following items set out the remaining amendments to the relevant provisions in Part 1AB.

Item 54 - Subsection 15J(2)

607. This item omits the reference to "Chief Executive Officer of Customs" in subsection 15J(2) of the Crimes Act and substitutes with "Secretary of the Immigration and Border Protection Department". This is a technical amendment to reflect the abolition of the ACBPS and the office of the CEO as a result of the repeal of the Customs Administration Act in Schedule 2 above.

Item 55 - Subsection 15JE(1)(table item 3)

608. Section 15JE sets out the circumstances in which an application for an integrity testing operation can be made, who may make the application and from whom. This amendment will omit the circumstance that applies in relation to an integrity testing operation concerned with a staff member of Custom and replace it with a reference to a staff member of the Immigration and Border Protection Department. In that circumstance, a staff member of the Department may apply for an authority for an integrity testing operation from either the Secretary to the Department or an SES employee in the Department.

Item 56 - Subsection 15JS (paragraph (c) of the definition of chief officer )

609. Section 15JS of the Crimes Act sets out the annual reporting requirements that must be satisfied by the chief officer of an integrity testing agency. Subsection 15JS(5) specifies that, for Customs, the chief officer is the CEO.

610. This item will amend section 15JS to omit the reference to the CEO and to provide that the chief officer for the Department is the Secretary of the Department.

Amendments relating to assumed identities

611. Schedule 5 sets out the background to the proposed amendments to Part 1AC of the Crimes Act in relation to the regime governing the acquisition and use of an assumed identity.

Item 57 - Section 15K (subparagraph (c)(ii) of the definition of chief officer )

612. In Part 1AC, the term "chief officer" is referred to in section 15KA which sets out to whom an application for authority to acquire or use an assumed identity must be made. This item will amend the definition of chief officer in section 15K to omit the reference to the CEO and to provide that the chief officer for the Department is the Secretary of the Department.

Amendments relating to witness protection for operatives

613. Schedule 5 sets out the background to the proposed amendments to Part 1ACA of the Crimes Act in relation to the regime governing witness identity protection certificate for an operative.

Item 58 - Subsection 15M(1) (paragraph (b) of the definition of chief officer )

614. Under Part 1ACA, the chief officer of a law enforcement agency may give a witness identity protection certificate for an operative in certain circumstances. This item will amend the definition of chief officer in section 15M to omit the reference to the CEO and to provide that the chief officer for the Department is the Secretary of the Department.

Item 59 - Subsection 15MX(3) (paragraph (b) of the definition of senior officer )

615. Section 15MX provides that a chief officer may delegate certain powers or functions under Part 1ACA to the senior officer of the law enforcement agency and presently in respect of Customs, these may be delegated to a Deputy Chief Executive Officer or a person occupying an equivalent or higher position.

616. This item will amend section 15MX such that references to a Deputy Chief Executive Officer will be omitted and the amended provision will provide that the chief officer may only delegate any powers or functions under section 15MX to a person who holds or performs the duties of an SES Band 3 position, or an equivalent or higher position, in the Immigration and Border Protection Department.

Item 60 - Saving and transitional provisions

617. This item sets out the saving and transitional provisions for the amendments to Parts IAB, IABA, IAC and IACA of the Crimes Act set out above.

618. The effect of the first transitional provision is that anything done by, or in relation to, the CEO, under these Parts of the Crimes Act before the commencement of the item, that is 1 July 2015, has effect on and after 1 July 2015 as if it had been done by, or in relation to, the Secretary of the Department. For example, if under section 15J a notification has been given to the CEO about an impending controlled operation and the goods have not been dealt with by Customs by 1 July 2015, the notification will be taken to have been given to the Secretary. Another example is where the CEO of Customs has granted authority to acquire an assumed identity under section 15KB before 1 July 2015, after 1 July, that authority will continue in existence as if it had been granted by the Secretary.

619. The effect of the second transitional provision is that an application made by the CEO as mentioned in section 15KG of the Crimes Act before 1 July 2015 has effect on and after 1 July as if it had been made by the Secretary. Section 15KG sets out the circumstances in which a chief officer may apply to the Supreme Court of a State or Territory for an order that an entry in relation to an assumed identity be made in the register of births, deaths or marriages.

620. The effect of the third transitional provision is that the various protections from criminal liability, and the indemnities for liabilities, that were in force on 1 July 2015 under sections 15KN, 15KO, 15KQ, 15KR and 15KS of the Crimes Act in relation to the operation of the assumed identities regime in Part 1AC of the Crimes Act continue in effect in relation to a person who was the CEO or an officer of Customs at any time before 1 July 2015. For example, if the person who is the CEO is the beneficiary of a protection from criminal liability under section 15KN on 30 June 2015, that protection will continue on and after 1 July 2015 even though that person is no longer the CEO.

621. The effect of the fourth transitional provision is that where the CEO has made a request under section 15KX of the Crimes Act before 1 July 2015 which is still outstanding, the request has effect on and after 1 July 2015 as if it had been made by the Secretary. This section allows the chief officer to make a request to another jurisdiction for evidence in relation to an assumed identity in certain circumstances.

Criminal Code Act 1995

Item 61 - Section 146.1 of the Criminal Code (paragraph (d) of the definition of the Commonwealth law enforcement officer )

622. The Criminal Code codifies the legislation relating to criminal offences.

623. The CEO is currently included in the definition of the "Commonwealth law enforcement officer". There are specified penalties for the offences of causing harm and threatening to cause harm to a Commonwealth law enforcement officer under paragraph 147.1(1)(f) and paragraph 147.2(1)(e).

624. Item 61 will amend the definition of "Commonwealth law enforcement officer" in section 146.1 of the Criminal Code to omit the reference to the CEO and substitute with reference to the "Australian Border Force Commissioner (within the meaning of the Australian Border Force Act 2015)". This will mean that the relevant penalty in paragraph 147.1(1)(f) and paragraph 147.2(1)(e) will be applied if an offence within the scope of those paragraphs has been committed against the ABF Commissioner.

625. Item 62 contains a saving provision for this amendment, whereby Part 7.8 of the Criminal Code as in force immediately before the commencement of this item, continues to apply on and after that commencement in relation to a thing done in relation to the CEO before that commencement. This means that the penalty for an offence committed against the CEO under sections 147.1 and 147.2 will apply, even if such position no longer exists.

Customs Securities (Penalties) Act 1981

Item 63 - Section 2A

626. The Customs Securities (Penalties) Act 1981 (the Securities Act) provides for the penalties for refusal or failure to give certain securities with respect to the importation of goods into Australia.

627. Item 63 will amend section 2A of the Securities Act to omit the reference to the CEO and substitute with the reference to the "Comptroller-General of Customs (within the meaning of the Customs Act 1901)". This will mean that the Comptroller-General of Customs will have the general administration of the Securities Act.

Customs Tariff Act 1995

Items 64 to 69

628. The Customs Tariff Act 1995 (the Tariff Act) imposes a duty on goods that are imported into Australia and sets out the rate of duty that is applicable to particular goods being imported. The CEO has various powers or functions to make a determination with respect to the value of a part, component or ingredient of any goods, set the replacement duty rate for particular goods and to publish a notice regarding that replacement rate, and make a determination of the applicable percentage of the cost of materials, labour and other charges involved in the repair or renovation of particular goods.

629. Item 64 will amend subsection 3(1) of the Tariff Act to insert a new definition of "Comptroller-General of Customs". Items 65 to 68 will amend the relevant provisions of the Tariff Act to omit all references to the CEO and substitute with references to the "Comptroller-General of Customs". This will mean that these functions and powers are exercisable by the Comptroller-General of Customs.

630. Item 69 contains a transitional provision for these amendments, such that a determination made before the commencement of this item by the CEO under item 20 of Schedule 4 to the Tariff Act has effect on and after that commencement as if it had been made by the Comptroller-General of Customs.

Customs Undertakings (Penalties) Act 1981

Item 70 - Section 2A

631. The Customs Undertakings (Penalties) Act 1981 (the Undertakings Act) provides for penalties for breaches of undertakings with respect to the importation of goods into Australia.

632. Item 70 will amend section 2A of the Undertakings Act to omit the reference to the CEO and substitute with the reference to the "Comptroller-General of Customs (within the meaning of the Customs Act 1901)". This will mean that the Comptroller-General will have the general administration of the Undertakings Act.

Excise Act 1901

Item 71 - Subsection 61E(1) (definition of officer of Customs )

633. The Excise Act 1901 (the Excise Act ) imposes excise duty on goods produced or manufactured in Australia and also sets out the numerous procedures and requirements relating to security, licences, removal of goods, movement of certain goods, amongst other powers and functions.

634. Under section 61E of the Excise Act, the CEO may currently authorise a person to be an officer of Customs under the Customs Act and for that person to perform all the functions of an officer of Customs. Officers of Customs exercise certain powers under the Excise Act. Item 71 will amend subsection 61E(1) to repeal and substitute the definition of "officer of Customs". This amendment will remove the reference to CEO in that definition.

Financial Transaction Reports Act 1988

Items 72 to 76 - Subsection 3(1); subsection 3(1) (definition of customs officer ); subsection 16(6) (paragraph (c) of the definition of investigating officer ); subsection 16(6) (paragraph (d) of the definition of relevant authority ); and transitional provisions

635. The Financial Transaction Reports Act 1988 (the Reports Act) provides for the reporting of certain transactions and transfers and to impose certain obligations in relation to accounts, amongst other requirements.

636. Item 72 will amend subsection 3(1) of the Reports Act to insert a new definition of "Comptroller-General of Customs". Item 73 will amend that subsection to repeal and substitute the definition of customs officer. These amendments will remove the references to CEO in that definition.

637. Items 74 and 75 will amend paragraph 16(6)(c) and paragraph 16(6)(d) to omit the references to the CEO in the definition of "investigating officer" and the definition of "relevant authority" respectively and substitute with references to the "Comptroller-General of Customs". These amendments will mean that whilst the Comptroller-General of Customs will not be an investigating officer, he or she will be a relevant authority for the purposes of this Act.

638. Item 76 contains two transitional provisions for these amendments. First, where a thing done by or in relation to a customs officer, being the CEO under a provision of that Act, before the commencement of this item has effect on and after that commencement as if it had been done by, or in relation to a customs officer, being the Comptroller-General of Customs. Second, where a request was made before the commencement of this item by the CEO under subsection 16(4) of that Act that had not been complied with before the commencement of this item will have effect on and after that commencement as if it had been made under that subsection by the Comptroller-General of Customs.

Fisheries Management Act 1991

Items 77 to 81 - Subsection 84C(1); subsection 84C(2); paragraph 84C(3)(d); subsection 84C(5); and transitional provision

639. The Fisheries Act outlines the applicable rights and permits needed to undertake fishing related activities within Commonwealth waters. Requirements for the grant of fishing rights and permits, regulation and prohibition on certain fishing and practices, fishing licences, and other procedures (including monitoring, registration, surveillance and enforcement provisions) are also set out in Fisheries Act.

640. Under section 84C, the CEO may give directions with respect to the issue of approved firearms and other approved items of personal defence equipment to officers of Customs, the reasonable steps to ensure that such firearms and equipment are kept in secure storage when not being used, and the deployment of such firearms and equipment.

641. Items 77 to 79 will amend the relevant sections of the Fisheries Act to omit all references to the CEO and substitute with references to the "Comptroller-General of Customs". This will mean that such directions will be given by the Comptroller-General of Customs.

642. Item 80 will amend subsection 84C(5) and insert a new definition of "Comptroller-General of Customs".

643. Item 81 contains a transitional provision for these amendments, such that a direction of the CEO as mentioned in subsection 84C(1) or paragraph 84C(3)(d) of the Fisheries Act that was in force immediately before the commencement of this item continues in force on and after that commencement as if it had been given by the Comptroller-General of Customs.

Illegal Logging Prohibition Act 2012

Items 82 to 83 - Paragraph 11(b); and transitional provision

644. The Illegal Logging Prohibition Act 2012 (the Logging Act) provides powers to combat illegal logging, including requirements for importing logged timber, due diligence, processing of raw logs, and provides powers of monitoring, investigation and enforcement, amongst other powers and functions.

645. Currently, if the importation of goods is an offence under section 8 or section 9 of the Logging Act and the Secretary notifies the CEO that the Secretary wishes to apply the Customs Act to that importation, then such goods will be described as forfeited to the Crown under section 229 of the Customs Act because they were prohibited imports within the meaning of the Customs Act.

646. Item 82 will amend paragraph 11(b) to omit the reference to the CEO and substitute with the reference to the "Comptroller-General of Customs (within the meaning of the Customs Act 1901)". On commencement of this item, this will mean that the Secretary will need to notify the Comptroller-General of his or her wish to apply the Customs Act, in order to invoke forfeiture power on the basis that the goods were prohibited imports.

647. Item 83 contains a transitional provision for this amendment, such that a notification given to the CEO before the commencement of this item as mentioned in paragraph 11(b) of that Act has effect on and after that commencement as if it had been given to the Comptroller-General of Customs.

Law Enforcement Integrity Commissioner Act 2006

648. Under the LEIC Act, the ACBPS is currently listed as a law enforcement agency and is therefore subject to the jurisdiction of the ACLEI.

649. The broad objectives of the LEIC Act are to strengthen the integrity of prescribed Commonwealth law enforcement agencies and to enable the prosecution of corrupt officials and their criminal counterparts. To this end, the Law Enforcement Integrity Commissioner and staff at the ACLEI are empowered to detect and investigate corrupt conduct by using a combination of coercive information gathering and law enforcement powers.

650. The Commission for Law Enforcement Integrity focusses on serious and systemic corruption risks, such as criminal compromise, infiltration and other corruption. The Department plays a critical role in protecting Australia's sovereignty and managing the movement, each year, of millions of people and goods across the border. In fulfilling this role, immigration and border protection workers have access to secure environments, protected systems and sensitive information. Officers are also entrusted with powers to authorise or prevent the movement of people and goods across the border and also the power to grant permissions associated with the stay of non-citizens in Australia. The Australian community expect these workers to demonstrate the highest level of integrity and professionalism in the exercise of such powers and in the protection of sensitive information.

651. As a Department charged with responsibilities that are so integral to strong national security and a strong economy, however, it is only appropriate that there are strong controls in place to detect and investigate corrupt behaviour and to ensure any workers who act corruptly are prosecuted to the full extent of the law.

652. It is therefore important to ensure the ACLEI's unhindered ability to investigate suspected law enforcement related corrupt activity across the Department regardless of the role, location or job title of an individual officer. Provisions in this Schedule will extend ACLEI's jurisdiction to the Department, which is considered to be an important step in establishing a robust professional integrity system.

Item 84 - Subsection 5(1)

653. This item will insert a definition of "Australian Border Force Commissioner" into the LEIC Act. It will have the same meaning as in the ABF Bill.

Item 85 - Subsection 5(1) (paragraph (ba) of the definition of head )

654. This definition sets out various heads of government agencies for the purposes of the LEIC Act. For Customs, the head of the agency is the CEO.

655. This item will omit paragraph (ba) in the definition of "head in subsection 5(1) and substitute a new agency with a new head, being the Immigration and Border Protection Department and the Secretary of the Immigration and Border Protection Department.

656. This will mean that the Secretary must, in combination with the amendment in item 86 below, under section 19 of the LEIC Act, as soon as practicable after he or she becomes aware of an allegation, or information, that raises a corruption issue that relates to the agency, notify the Law Enforcement Integrity Commissioner in writing of the corruption issue. This notification must a description of the corruption issue and the allegation or information giving rise to the corruption issue. The Law Enforcement Integrity Commissioner may then deal with the corruption issue in accordance with the LEIC Act.

Item 86 - Subsection 5(1)

657. This item will insert a new definition of "Immigration and Border Protection Department" for the purposes of new paragraph (ba) of the definition of "head" set out above.

Item 87 - Subsection 5(1) (paragraph (ba) of the definition of law enforcement agency )

658. This definition sets out various law enforcement agencies for the purposes of the LEIC Act. Customs is currently listed as a law enforcement agency.

659. This item will omit paragraph (ba) in the definition of "law enforcement agency" and substitute a new agency, being the Immigration and Border Protection Department.

Item 88 - Subsection 10(2A)

660. Section 10 of the LEIC Act sets out the list of various agencies' staff members for the purposes of the LEIC Act. Subsection 10(2A) currently sets out the staff members of Customs.

661. This item will repeal this subsection and substitute a new subsection (2A) which will set out a new list of staff members of the Immigration and Border Protection staff members, being:

a)

the Secretary of the Immigration and Border Protection Department;

b)

the ABF Commissioner (including in his or her capacity as the Comptroller-General of Customs);

c)

an APS employee in the Immigration and Border Protection Department;

d)

a person covered by paragraph (d), (e) or (f) of the definition of "officer of Customs" in subsection 4(1) of the Customs Act; and

e)

a person covered by paragraph (f) or (g) of the definition of "officer" in subsection 5(1) of the Migration Act.

Item 89 - Paragraph 10(5)(ba)

662. Section 10 of the LEIC Act also sets out the list of persons who are secondees to various agencies for the purposes of the LEIC Act. Paragraph 10(5)(ba) currently sets out the secondees for Customs.

663. This item will repeal this paragraph and substitute a new paragraph (ba) which will set out a new secondees to the Immigration and Border Protection staff members, being persons referred to in paragraph (2A)(d) or (e) (to be inserted by item 88 above).

Item 90 - Savings provisions

664. This item sets out savings provisions in respect of the amendments to the LEIC Act by the above items.

665. The effect of the savings provision is that the unamended LEIC Act will continue to apply to conduct engaged in by a staff member of Customs, even after a staff member of Customs becomes a staff member of the Department or is no longer a staff member of Customs or the Department. The provision also makes it clear that any process begun and not concluded under the unamended LEIC Act before the commencement of the amendments will be completed under the unamended Act.

666. In those circumstances, the reference to the law enforcement agency and the reference to the head of that agency in the unamended LEIC Act are taken to be the Immigration and Border Protection Department and the Secretary of the Department, respectively.

Major Sporting Events (Indicia and Images Act) Protection Act 2014

Items 91 to 128

667. The Sporting Events Act provides special protection in relation to the use for commercial purposes of indicia and images connected with certain major sporting events. The major sporting events are identified in the Schedules to this Act. These include the AFC Asian Cup 2015 and the Cricket World Cup 2015. In accordance with the Sporting Events Act, a person cannot use a major sporting event's protected indicia or images for commercial purposes during the event's protection period, unless the person is an official user for the event.

668. Presently, the CEO exercises several powers and functions under the Sporting Events Act. For example, under section 23, the CEO can be given a notice by an official user for a sporting event objecting to the importation into Australia of copyright material. If goods covered by the notice are imported into Australia, the CEO may seize the goods under section 25. The CEO then has several functions and powers in relation to the seized goods.

669. These items will amend the relevant sections of the Sporting Events Act to omit all references to the "Customs CEO" and substitute with references to the "Comptroller-General of Customs". This will mean that these powers are exercisable by the Comptroller-General of Customs.

670. Items 91 and 92 will also introduce a definition of "Comptroller-General of Customs" into the Sporting Events Act and repeal the definition of "CEO".

671. Item 125 will amend section 41, under which both the CEO and an officer of Customs can exercise the power to determine whether a person is an owner of goods for the purposes of the definition of "designated owner". This power will now be exercisable by an officer of Customs only.

672. Item 128 contains a transitional provision for these amendments, such that anything done by, or in relation to the CEO under the relevant provisions of the Sporting Events Act before the commencement of the item has effect on or after commencement as if it had been done by, or in relation to, the Comptroller-General of Customs. This item also contains a transitional provision whereby a determination under section 41 that was in force before the commencement of the item continues in force as it were done under the amended section 41.

Maritime Powers Act 2013

Items 129 to 130 - Paragraph 114(3)(a); and transitional provision

673. The Maritime Powers Act provides for the administration and enforcement of Australian laws in maritime areas, including provisions relating to the authorising of the exercise of maritime powers, exercising such powers, and scope of maritime powers, amongst others.

674. Section 114 of the Maritime Powers Act provides that where a person owes a debt to the Commonwealth, this debt may be recovered by action in a court of competent jurisdiction. This right to recover the whole or part of the amount owing to the Commonwealth may be waived by the CEO.

675. Item 129 will amend paragraph 114(3)(a) to omit the reference to the CEO and substitute with the reference to the "Comptroller-General of Customs (within the meaning of the Customs Act 1901)". This means that the Comptroller-General of Customs will be able to waive the right to recover a debt owed to the Commonwealth.

676. Item 130 contains a transitional provision for this amendment, such that a waiver made by the CEO before the commencement of this item as mentioned in paragraph 114(3)(a) of the Maritime Powers Act has effect on and after that commencement as if it had been made by the Comptroller-General of Customs.

Narcotic Drugs Act 1967

Items 131 to 140 - Section 3; subsection 4(1) (definition of CEO ); subsection 4(1); section 6; subsection 12(1); subsection 14A(1); paragraph 14A(1)(d); subsection 22(3); subsection 24(2); transitional provisions

677. The Narcotics Drugs Act 1967 (the Narcotics Act) regulates the manufacture of, and to make other provisions with respect to, narcotic drugs in accordance with the Single Convention on Narcotic Drugs, 1961. Other provisions include the licensing of manufacturers, offences in relation to drugs, movement of drugs through Australia, and inspection of premises.

678. Item 131 will amend section 3 of the Narcotic Act to omit the reference to the CEO and substitute with the reference to the "Comptroller-General of Customs". This will mean that the Comptroller-General of Customs will have the general administration of certain provisions specified in section 3 of the Act.

679. Items 132 and 133 will amend subsection 4(1) of the Narcotics Act to repeal the definition of "CEO" and insert a new definition for "Comptroller-General of Customs".

680. Items 134 and 135 will amend section 6 and subsection 12(1) to omit all references to the CEO and substitute with references to the "Comptroller-General of Customs". This will mean that these functions or powers are vested in or exercisable by the Comptroller-General of Customs.

681. Items 136 and 137 will amend subsection 14A(1) and paragraph 14A(1)(d) to omit the bullet point numbering "(1)" and also omit the reference to the CEO and substitute with the reference to the "Comptroller-General of Customs" respectively. This means that a direction given by the Comptroller-General of Customs under section 12 of the Narcotics Act is a reviewable decision by the Administrative Appeals Tribunal.

682. Items 138 and 139 will amend subsection 22(3) and subsection 24(2) to omit all references to the CEO and substitute with the references to the "Comptroller-General of Customs". This means that such functions and powers will be exercisable by the Comptroller-General of Customs.

683. Item 140 contains three transitional provisions for these amendments. First, a direction given by the CEO before the commencement of this item under section 12 of the Narcotics Act has effect on and after that commencement as if it had been given under that section by the Comptroller-General of Customs. Second, directions given by the CEO before the commencement of this item under subsection 22(3) of the Narcotics Act have effect on and after that commencement as if they had been given under that subsection by the Comptroller-General of Customs. Third, an appointment made by the CEO before the commencement of this item as mentioned in subsection 24(2) of the Narcotics Act has effect on and after that commencement as if it had been made by the Comptroller-General of Customs.

National Health Act 1953

Items 141 to 147 - Subsection 99ZH(1) (definition of CEO of Customs ); subsection 99ZH(1); subsection 99ZN(1); paragraph 99ZN(2)(d); paragraph 99ZN(3)(b); subsections 99ZS(1) and (3); transitional provisions

684. The Health Act sets out the provisions relating to pharmaceutical, sickness and hospital benefits, and medical and dental services.

685. In particular, the CEO is subject to certain provisions relating to the manner of dealing with documents, and copies of documents, their retention, and other detained substances (see section 99ZN). The CEO also has a power to issue guidelines for the performance of functions and duties, and for the exercise of powers, by Customs officers in relation to a number of matters including the examination and inspection of items of baggage and other articles to be exported, and the detention of, dealing with and disposal of substances (see section 99ZS).

686. Items 141 and 142 will amend subsection 99ZH(1) to repeal the definition of "CEO of Customs" and insert a new definition for "Comptroller-General of Customs", respectively.

687. Items 143 to 146 will amend the relevant sections of the Health Act to omit all references to the CEO and substitute with references to the "Comptroller-General of Customs". This will mean that the guidelines and other functions or powers, will be issued, or otherwise performed or exercised, by the Comptroller-General of Customs.

688. Item 147 contains two transitional provisions for these amendments. First, a place specified by the CEO before the commencement of this item as mentioned in subsection 99ZN(1) or paragraph 99ZN(2)(d) or paragraph 99ZN(3)(b) of the Health Act has effect on and after that commencement as if it had been specified by the Comptroller-General of Customs. Second, guidelines issued by the CEO before the commencement of this item under section 99ZS of the Health Act and that were in force immediately before that commencement, such guidelines will continue to be in force on and after that commencement as if they had been issued under that section by the Comptroller-General of Customs.

Olympic Insignia Protection Act 1987

Items 148 to 165

689. The Olympic Insignia Protection Act 1987 (the Olympic Act) protects the Olympic insignia by making the Australian Olympic Committee (the AOC) the owner of copyright in the Olympic symbol and making the AOC the owner of certain Olympic designs. The Olympic Act also prohibits the commercial use of certain Olympic expressions unless the user holds a licence granted by the AOC.

690. Presently, the CEO exercises several powers and functions under the Olympic Act. For example, under section 52, the CEO can be given a notice by the AOC objecting to the importation into Australia of copyright material. If goods covered by the notice are imported into Australia, the CEO may seize the goods under section 54. The CEO then has several functions and powers in relation to the seized goods.

691. These items will amend the relevant sections of the Olympic Act to omit all references to the "Customs CEO" and substitute with references to the "Comptroller-General of Customs". This will mean that these powers are now exercisable by the Comptroller-General of Customs.

692. Item 148 and 149 will also introduce a definition of "Comptroller-General of Customs" into the Olympic Act and repeal the definition of "CEO".

693. Item 150 will amend section 50, under which both the CEO and an officer of Customs can exercise the power to determine whether a person is an owner of goods for the purposes of the definition of "designated owner". This power will be exercisable by an officer of Customs only.

694. Item 165 contains a transitional provision for these amendments, such that anything done by, or in relation to the CEO under the relevant provisions of the Olympic Act before the commencement of the item has effect on or after commencement as if it had been done by, or in relation to, the Comptroller-General of Customs. This item also contains a transitional provision whereby a determination under section 50 that was in force before the commencement of the item continues in force as if it was done under the amended section 50.

Passenger Movement Charge Collection Act 1978

Items 166 to 174

695. The Passenger Movement Charge Collection Act 1978 (the PMCC Act) provides the administration regime for a charge imposed in respect of the persons departing from Australia under the Passenger Movement Charge Act 1978.

696. Presently, the CEO has a power to authorise a person to be an authorised officer for the purposes of the PMCC Act. An authorised officer has a number of functions or powers, which includes requiring departing persons to answer questions or produce documents in order to ascertain whether a movement charge has been or will be paid, or direct that a refund be made to a departing person.

697. Items 166 and 167 will amend section 3 to omit the reference to CEO in the definition of "authorised officer" and substitute with the reference "Comptroller-General of Customs", and also insert a new definition for "Comptroller-General of Customs".

698. Items 168 and 169 will amend subsection 7(2) to omit the bullet point numbering "(2)", and also omit all references to "authorized officer" and substitute with the references "authorised officer".

699. Item 170 will amend subsection 8(1) to omit the reference to "subsection 7(2)" and substitute with the reference "section 7".

700. Items 171 to 173 will amend the relevant subsections of the PMCC Act to omit all references to "authorized officer(s)" and substitute with the references "authorised officer(s)".

701. Item 174 contains a transitional provision for these amendments, such that an authorisation given by the CEO before the commencement of this item as mentioned in paragraph (b) of the definition of "authorised officer" in section 3 of the PMCC Act has effect on and after that commencement as if it had been given by the Comptroller-General of Customs.

Proceeds of Crime Act 2002

Items 175 to 181

702. The POC Act provides for the confiscation of the proceeds of crime, and contains provisions relating to freezing orders, restraining orders, forfeiture orders, penalty orders and other matters.

703. The CEO, as the head of an enforcement agency, has a number of powers and functions under the POC Act, including giving notices to financial institutions (see section 213), disclosing the existence or operation of a monitoring order (see section 223), and having responsibility for things that have been seized under a provision of that Act (see section 254).

704. Item 175 will amend paragraph 213(3)(g) to omit the reference to the CEO and substitute with the reference to the "Comptroller-General of Customs". This will mean that the notice will now be given by the Comptroller-General of Customs.

705. Item 176 will insert a new subsection (5) at the end of section 223. This will mean that a person may be able to disclose the existence or operation of a monitoring order to the Comptroller-General of Customs, as the head of the enforcement agency.

706. Item 177 will insert a new subsection (3) at the end of section 254. This will mean the Comptroller-General of Customs, as the head of the enforcement agency, will be required to arrange for the thing that has been seized to be dealt with in accordance with the relevant provision of the POC Act, and to ensure that all reasonable steps are taken to preserve the said thing until it has been dealt with.

707. Items 178 to 180 will amend section 338 to repeal paragraph (c) of the definition of "authorised officer" and substitute with a new paragraph (c), such that an authorised officer will no longer include an officer of Customs but will instead include a person who is an APS employee in the Immigration and Border Protection Department and who is authorised by the Comptroller-General of Customs. These items will also insert a new definition for the "Comptroller-General of Customs" and a new definition for "Immigration and Border Protection Department" respectively.

708. Item 181 contains a number of transitional provisions for these amendments. First, a notice mentioned in paragraph 15Q(2)(b) or subsection 15R(2) of the POC Act that was given before the commencement of this item is taken, on and after that commencement, to have been given to the Immigration and Border Protection Department. These notices relate to an application for a freezing order.

709. Second, if a freezing order under POC Act is made before, on or after the commencement of this item and the order is made because of an application made by an authorised officer described in paragraph (c) of the definition of "authorised officer" in section 338 of the POC Act as in force immediately before that commencement, then in relation to the said order on and after that commencement, the enforcement agency is taken to be the Immigration and Border Protection Department.

710. Third, an application referred to in subsection 202(3), subsection 219(4) or subsection 225(3) of the POC Act that was made before the commencement of this item by an authorised officer described in paragraph (c) of the definition of "authorised officer" in section 338 of that Act, and which was pending immediately before that commencement, is taken on and after that commencement to be an application made by an authorised officer described in paragraph (c) of that definition as amended by this Schedule. These provisions of the POC Act relate to production order, monitoring orders and search warrants.

711. Fourth, a notice given by the CEO before the commencement of this item under subsection 213(1) of the POC Act is taken, on and after that commencement, to have been given under that subsection by the Comptroller-General of Customs. This notice relates to financial institutions being required to give information or documents to an authorised officer.

712. Fifth, a monitoring order in force immediately before the commencement of this item that, under paragraph 220(1)(d) of that Act, specifies the enforcement agency to which the information is to be provided is taken, on and after commencement, to specify the Immigration and Border Protection Department as the relevant enforcement agency.

713. Sixth, if, immediately before the commencement of this item, the CEO was the responsible custodian of a thing under section 254 of the POC Act, then on and after that commencement, the Comptroller-General of Customs is taken to be the responsible custodian of that thing. Section 254 relates to the responsibility for seized things.

Psychotropic Substances Act 1976

Items 182 to 185 - Section 2A; section 3; subsection 9(3); and transitional

711. The Psychotropic Substances Act 1976 (the Substances Act) provides approval of the ratification of the Convention on Psychotropic Substances and to give effect to that Convention with respect to certain psychotropic substances and psychotropic preparations that enter Australia in the course of consignment from one place outside Australia to another place outside Australia.

712. Items 182 and 184 will amend section 2A and subsection 9(3) to omit the references to the CEO and substitute with the references to "Comptroller-General of Customs". This will mean that the Comptroller-General of Customs will have the general administration of the Substances Act, and has the power to give directions in relation to the disposal of a psychotropic substance or a psychotropic preparation seized and deemed to be forfeited to the Commonwealth under a provision of the Act.

713. Item 183 will amend section 3 to insert a new definition of "Comptroller-General of Customs".

714. Item 185 contains a transitional provision for these amendments, such that directions given by the CEO before the commencement of this item under subsection 9(3) of the Substances Act have effect on and after that commencement as if they had been given by the Comptroller-General of Customs.

Taxation Administration Act 1953

715. Under section 355-25 of the Taxation Administration Act, it is an offence for a taxation officer to make a record of or disclose protected information. Section 355-65 sets out various exceptions to this offence, including where the record is made for or the disclosure is to the CEO and the record or disclosure is for the purposes of administering a law of Customs within the meaning of the Customs Administration Act.

Item 186 - Subsection 355-65(8) in Schedule 1 (table item 2)

716. This item will omit the existing exception that relates to Customs and substitute a new exception. Under the new exception, information can be disclosed to the Comptroller-General of Customs for the purpose of administering any Act to the extent to which the Comptroller-General of Customs has the general administration of the Act or any instrument under such an Act. This will maintain, and not extend, the existing customs-related disclosures.

717. Migration related disclosures under subsection 355-65(8) of the Taxation Administration Act will not be amended.

Item 187 - Application and transitional provisions

718. This item sets out the application and savings provisions in respect of the amendments to the Tax Administration Act by the above item.

719. The effect of the first provision is that the new disclosure circumstance will apply in relation to records or disclosures made on or after 1 July 2015, whether the information was acquired by the taxation officer before, on or after 1 July 2015.

720. The effect of the second provision is that any record or disclosure made before 1 July 2015 under the previous exception will be taken on or after 1 July 2015 to have been recorded or disclosed under the new exception.

721. Under section 355-25 of the Taxation Administration Act, it is an offence for a taxation officer to make a record of or disclose protected information. Section 355-65 sets out various exceptions to this offence, including where the record is made or the disclosure is to the CEO and the record or disclosure is for the purposes of administering a law of Customs within the meaning of the Customs Administration Act.

Telecommunications (Interception and Access) Act 1979

Item 188 - Paragraph 68(o)

722. The stated general purpose of the TIA Act is to prohibit the interception of, and other access to, telecommunications except where authorised in special circumstances. Interception and access of telecommunications under the Act can be undertaken by certain bodies that come with the definition of "criminal law-enforcement agency" and "enforcement agency".

723. Under the TIA Act, lawfully intercepted information and interception warrant information that is obtained by certain agencies can be communicated to persons for use in limited circumstances under section 68. One of these circumstances currently allows information to be communicated to the CEO in specified circumstances that relate to the ACBPS.

724. This amendment, in combination with amendments in Schedule 5, will ensure that the lawfully intercepted information and interception warrant information can be communicated instead to the Secretary in specified circumstances that relate to the integrated Department.

725. The amendment in items 188 could be affected by proposed amendments to the TIA Act that are contingent on the enactment of the Data Retention Amendment Act. These proposed amendments are set out in the clause notes for Schedule 8 of the Bill (contingent amendments).

Item 189 - Transitional provision

726. This effect of the transitional provision is that information communicated to the CEO before the commencement of this item as mentioned in paragraph 68(o) of the TIA Act is taken on and after that commencement to have been information communicated to the Secretary of the Immigration and Border Protection Department.

Therapeutic Goods Act 1989

Items 190 to 197

727. The Therapeutic Goods Act 1989 (Therapeutic Goods Act) sets out the legal requirements for the import, export, manufacture and supply of therapeutic goods in Australia, including the listing or registering of medicines, medical devices and biological products, as well as advertising, labelling and product appearance of such goods in Australia.

728. Item 190 will amend subsection 3(1) of the Therapeutic Goods Act to insert a new definition of "Comptroller-General of Customs".

729. Items 191 to 196 will amend the relevant provisions of the Therapeutic Goods Act to omit all references to the CEO and substitute with the references to the "Comptroller-General of Customs". This will mean that the Secretary will need to notify the Comptroller-General of Customs of his or her wish to apply the Customs Act, in order to invoke forfeiture power on the goods being imported or exported on the basis that such goods are prohibited.

730. Item 197 contains a transitional provision for these amendments, whereby a notification given to the CEO before the commencement of this item as mentioned in paragraph 14B(b), 19B(7)(b), 19D(5)(b), 41MD(b) or 41MJ(b) or subsection 42F(1) or (2) of the Therapeutic Goods Act has effect on and after that commencement as if the notification had been given to the Comptroller-General of Customs.

Trade Marks Act 1995

Items 198 to 232

731. The Trade Marks Act 1995 (Trade Marks Act) protects a registered trade mark. The owner of a registered trade mark has exclusive right in Australia to control the use of their trade mark by identifying and promoting the goods and services for which it is registered only.

732. Presently, the CEO of Customs exercises several powers and functions under the Trade Marks Act.

733. For example, under section 132, the CEO can be given a notice by the registered owner of a trade mark objecting to the importation into Australia of goods that infringe the trade mark. If goods covered by the notice are imported into Australia, the CEO may seize the goods under section 133. The CEO then has several functions and powers in relation to the seized goods.

734. These items will amend the relevant sections of the Trade Marks Act to omit all references to the "Customs CEO" and substitute with references to the "Comptroller-General of Customs". This will mean that these powers are exercisable by the Comptroller-General of Customs.

735. Items 200 and 201 will also introduce a definition of "Comptroller-General of Customs" into the Trade Marks Act and repeal the definition of "Customs CEO".

736. Item 208 will amend section 133A, under which both the CEO and an officer of Customs can exercise the power to determine whether a person is an owner of goods for the purposes of the definition of "designated owner". This power will now be exercisable by an officer of Customs only.

737. Item 232 contains a transitional provision for these amendments, such that anything done by, or in relation to the CEO under the relevant provisions of the Trade Marks Act before the commencement of the item has effect on or after commencement as if it had been done by, or in relation to, the Comptroller-General of Customs. This item also contains a transitional provision whereby a determination under section 133A that was in force before the commencement of the item continues in force as if it were done under the amended section 133A in this Schedule.