Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS ADMINISTRATION AMENDMENT REGULATIONS 2010 (NO. 1) (SLI NO 288 OF 2010)

EXPLANATORY STATEMENT

 

Select Legislative Instrument 2010 No. 288

 

Issued by the Authority of the Minister for Home Affairs

Customs Administration Act 1985

Customs Administration Amendment Regulations 2010 (No. 1)

 

Section 18 of the Customs Administration Act 1985 (the Act) provides that the Governor‑General may make regulations, not inconsistent with the Act, prescribing matters required or permitted to be prescribed by the Act, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.

Section 16 of the Act relates to the prohibition on the disclosure of protected information by the Australian Customs Service (Customs). Subsection 16(2) of the Act prohibits the disclosure of protected information except in specified circumstances, including where the disclosure is authorised under section 16.

The purpose of the amending Regulations is to update the list of permitted entities to which disclosures of classes of protected information containing personal information may be authorised under section 16 of the Act by Customs.

Subsections 16(3A), (3B), (3C) and (3D) of the Act allow the Chief Executive Officer of Customs (the CEO) to authorise the disclosure of protected information to certain Commonwealth and State government agencies and international entities under specified circumstances.

To authorise the disclosure of a class of information containing personal information under subsections 16(3A), (3B), (3C) or (3D) of the Act, subsection 16(10) requires that:

         the entity to which the disclosure is to be made must be specified in the regulations; and

         the class of information to be disclosed must be specified in the regulations as a class of information that may be disclosed to the relevant entity.

For the purposes of subsection 16(10) of the Act, Schedule 2 to the Customs Administration Regulations 2000 (the Principal Regulations) specifies the entities to which disclosure of a class of information containing personal information may be made, and the class or classes of information, as described and identified in Schedule 3, that may be disclosed to each specified entity. Schedule 3 sets out the descriptions of seven classes of information that may be disclosed. Schedule 3 is included in Attachment A.

The amending Regulations amend the Principal Regulations by adding certain entities to Schedule 2 and updating the details of entities already specified in Schedule 2. An overview of these amendments to the Regulations is provided in Attachment B to this Explanatory Statement.

No consultation was undertaken specifically in relation to the amending Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.

The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

1014348A




ATTACHMENT A

CUSTOMS ADMINISTRATION REGULATIONS 2000

Schedule 3 Permitted classes of information

A Documents and information about surveillance activity or analysis

1. This class includes, for a person, information such as identification details, travel documents and details of suspected offending conduct.

2. It also includes documents and information derived from human and electronic surveillance methods, such as reports of observations, perceptions or detections, photographs, videotape recordings, radar, satellite or closed circuit television images or stills and sound recordings.

B Documents and information about intelligence activity or analysis

1. This class includes, for a person, details of convictions, identification details of known associates, past travel details, and details of agencies to whom the person is of interest.

2. It also includes reports, assessments, briefings and other intelligence publications.

C Documents and information about commercial transactions, including the importation or exportation of goods to and from Australia

D Documents and information about the movement of vessels and aircraft

E Documents and information about passenger and crew detentions and examinations

F Documents and information about the arrival and departure of persons to and from Australia

G Documents and information about detection, examination and seizure of goods including postal articles

 



ATTACHMENT B

DETAILS OF THE CUSTOMS ADMINISTRATION AMENDMENT REGULATIONS 2010 (No. 1)

 

Regulation 1 - Name of Regulations

 

This regulation provides that the title of the Regulations is the Customs Administration Amendment Regulations 2010 (No. 1).

 

Regulation 2 - Commencement

 

This regulation provides that the Regulations commence on the day after they are registered.

 

Regulation 3 - Amendment of Customs Administration Regulations 2000

 

This regulation provides that Schedule 1 amends the Customs Administration Regulations 2000 (the Principal Regulations).

 

SCHEDULE 1 - AMENDMENTS

 

Item [1] - Schedule 2, Parts 1 and 2

 

Parts 1 and 2 of Schedule 2 to the Principal Regulations specify the entities of the Commonwealth and New South Wales respectively. Item 1 amends Parts 1 and 2 of Schedule 2 by:

 

(a) adding the following agencies and corresponding classes of information:

 

   Australian Communications and Media Authority classes A, B, C, D, E, F, G.

   Royal Australian Mint classes A, B, C, D, E, F, G.

   Biosecurity Services Group, Department of Agriculture, Fisheries and Forestry - classes A, B, C, D, E, F, G.

   Department of Education, Employment and Workplace Relations - classes A, B, C, D, E, F, G.

 

(b) expanding the classes of information for the following agencies:

 

   Director, National Industrial Chemicals Notification and Assessment Scheme classes C, G;

   Food Standards Australia New Zealand expanded to also include class G; and

 

(c) updating the names of the following agencies:

 

   Australian Quarantine and Inspection Service now Biosecurity Services Group, Department of Agriculture, Fisheries and Forestry.

   Department of Climate Change now Department of Climate Change and Energy Efficiency.

   Department of Environment, Water, Heritage and the Arts now Department of Sustainability, Environment, Water, Population and Communities.

   Department of Infrastructure, Transport, Regional Development and Local Government now Department of Infrastructure and Transport.

   Department of Corrective Services of New South Wales now Corrective Services NSW.

   New South Wales National Parks and Wildlife Service now Department of Environment, Climate Change and Water.

 

Item [2] Schedule 2, Parts 4 and 5

 

Parts 4 and 5 of Schedule 2 specify the Queensland and Western Australian entities respectively. Item 2 amends the Principal Regulations by:

 

(a) adding the following agency and corresponding classes of information to Part 4:

 

   Queensland Health classes A, B, C, D, E, G.

 

(b) adding the following agency and corresponding classes of information to Part 5:

 

   Department of Mines and Petroleum classes C, G; and

 

(c) changing the names of the following agencies:

 

   Department of Mines and Energy of Queensland now Department of Employment, Economic Development and Innovation.

   Department of Primary Industries and Fisheries of Queensland now Department of Employment, Economic Development and Innovation.

   Environmental Protection Agency of Queensland now Department of Environment and Resource Management.

   Department of Consumer and Employment Protection of Queensland now Department of Commerce.

   Department of Planning and Infrastructure of Western Australia now the Department of Planning and Department of Transport respectively.

 

Item [3] - Schedule 2, Part 7

 

Part 7 of Schedule 2 specifies the relevant Tasmanian entities. Item 3 amends the Principal Regulations by changing the name of the following agency:

 

   Department of Primary Industries and Water now Department of Primary Industries, Parks, Water and Environment.

 

Item [4] Schedule 2, after Part 7

 

Item 4 amends the Principal Regulations by inserting after Part 7 a new Part 8. The new Part 8 specifies Australian Capital Territory entities and in particular:

 

Part 8 Australian Capital Territory:

   WorkSafe ACT classes C, G

 

Item [5] Schedule 2, Part 10

 

Part 10 of Schedule 2 specifies foreign or international entities. Item 5 amends the Principal Regulations by:

 

(a) adding the names of the following entities and the corresponding classes of information:

 

   Belgian Administration of Customs and Excise classes A, B, C, D, E, F, G;

   El Paso Intelligence Centre classes A, B, C, D, E, F, G;

   United Kingdom Border Agency - classes A, B, C, D, E, F, G; and

 

(b) updating the names of the following international agencies:

 

   Cook Island Customs now Ministry of Finance and Economic Management, Cook Islands.

   Customs Administration of Japan now Japan Customs.

   Korea Office of Customs Administration now Korea Customs Service.

   Ministry of Finances, Directorate of Taxes and Customs, Republic of Trinidad and Tobago now Ministry of Finance, Customs and Excise Division, Republic of Trinidad and Tobago.

   National Marine Command Centre (NZ) now National Maritime Command Centre (NZ).

   Tonga Customs and Excise Department now Tonga Customs Service, Revenue Services Department.

 

All other specified entities and their relevant classes of information listed in Schedule 2 remain unchanged.


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