Commonwealth Numbered Regulations - Explanatory Statements

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Issued by the Authority of the Minister for Justice and Customs

Customs Administration Act 1985

Customs Administration Amendment Regulations 2001 (No. 1)

Section 18 of the Customs Administration Act 1985 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

Section 16 of the Act concerns the recording and disclosure of protected information by authorised persons. In particular, subsection 16(10) of the Act provides that:

(10) This subsection is complied with in relation to a disclosure of a class of information pursuant to an authorisation under subsection (3A), (3B), (3C), or (3D) as referred to in subsection (7) if.

(a)       the disclosure is made to a Commonwealth agency, State agency, a foreign country, an instrumentality or agency of a foreign country or an international organisation, that is specified in the regulations; and

(b)       the class of information specified by the CEO [the Chief Executive Officer of the Australian Customs Service] in the authorisation is specified in the regulations as a class of information that may be disclosed to the agency, country, instrumentality or organisation concerned.

For example, the CEO may authorise the disclosure of documents and information about commercial transactions, including the importation or exportation of goods to and from Australia (being a class of information), to the Department of Industry, Science and Resources, for the purpose of facilitating that Department's administration of the Tariff Concession system.

The Customs Administration Regulations 2000 (the CA Regulations) prescribe a number of Commonwealth agencies, State agencies, instrumentalities or agencies of foreign countries, and international organisations (entities) for the purposes of subsection 16(10) of the Act, along with specific classes of information relating to each entity.

The Regulations amend the title to a prescribed entity to which the CEO may authorise the disclosure of classes of information that includes personal information, to extend the prescribed classes of information in relation to that entity, and to prescribe additional classes of information in relation to one other entity that has already been prescribed.

Item number 1 of Schedule 1 to the Regulations substitutes the correct title for a prescribed entity, Canada Customs and Revenue Agency, which was previously incorrectly identified.

Items number 1 and 2 of Schedule 1 to the Regulations prescribe new classes of information in relation to two entities, Canada Customs and Revenue Agency and Carribean Customs Law Enforcement Council, that have previously been prescribed. This will enable the CEO to authorise the disclosure of the new classes of information to those entities.

The regulations commenced on the day of gazettal.

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