Commonwealth Numbered Regulations - Explanatory Statements

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CUSTOMS AMENDMENT REGULATIONS 2002 (NO. 8) 2002 NO. 329

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 329

Issued by the Authority of the Minister for Justice and Customs

Customs Act 1901

Customs Amendment Regulations 2002 (No. 8)

Section 270 of the Customs Act 1901 (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.

Schedules 2, 6 and 7 to the Border Security Legislation Amendment Act 2002 (the Border Security Act) amends the Act to:

       change the requirements for the provision of passenger and crew reports in respect of incoming ships and aircraft; and the method of sending or giving of documentary reports in respect of incoming ships and aircraft;

       allow an authorised officer of Customs to request passenger information from an operator of an international passenger air service in certain circumstances;

       impose obligations on employers of a person:

-        who works in a restricted area of an airport; or

-        who is issued with a security identification card in respect of an airport,

to provide required identity information in respect of that person to Customs.

The purpose of the amending Regulations is to amend the Customs Regulations 1926 as a consequence of amendments to the Act under Schedules 2, 6 and 7 of the Border Security Act. The amending Regulations:

       amends the methods of sending or giving documentary reports for ships and aircraft arriving in Australia;

       extends the purposes for which an authorised officer may access passenger information from international passenger air service operators;

       prescribes additional required identity information that may be requested from employers of restricted area employees or holders of security identification cards; and

       defines 'security identification card' for the purpose of the provision which requires employers of a holder of such a card to provide identity information in respect of that holder.

Details of the amending Regulations are set out in the Attachment.

The amending Regulations commenced on 5 January 2003, the date of commencement of Schedules 2 and 6 to the Border Security Act. Schedule 7 commenced on 2 August 2002.

0211035A

Authority:       Section 270 of the Customs Act 1901

ATTACHMENT

CUSTOMS AMENDMENT REGULATIONS 2002 (No. 8)

Proposed regulation 1 - Name of Regulations

Proposed regulation 1 provides that proposed Regulations are the Customs Amendment Regulations 2002 (No. 8).

Proposed regulation 2 - Commencement

Proposed regulation 2 provides that the proposed Regulations would commence on 5 January 2003.

Proposed regulation 3 - Amendment of Customs Regulations 1926

Proposed regulation 3 provides that Schedule 1 amends the Customs Regulations 1926.

SCHEDULE 1 - AMENDMENTS

Proposed item 1 - Regulation 31

Item 5 of Schedule 6 to the Border Security Legislation Amendment Act (the Border Security Act) substituted sections 64ACA, 64ACB, 64ACC, 64ACD and 64ACE for the current sections 64AC and 64AD of the Customs Act 1901 (the Act).

Pursuant to section 64AD, the previous regulation 31 prescribed the methods of sending or giving of documentary reports under sections 64, 64AA, 64AB, and 64AC. Section 64ACE replaced section 64AD and refers to the new sections 64ACA and 64ACB in addition to sections 64, 64AA and 64AB. Item 6 of Schedule 6 to the Border Security Act provides that regulation 31 will continue to have effect after the commencement of Schedule 6, as if it had been made for the purposes of section 64ACE.

The previous regulation 31 has been repealed and replaced by the current regulation 31. Current regulation 31 revises the manner of sending or giving documentary reports under sections 64 and 64AA, and sets out the manner of sending or giving documentary reports under the new sections 64ACA and 64ACB.

The current regulation 31 also deletes previous subregulations 31(2) and 31(4). The effect of previous subregulation 31(2) is replicated in section 64ACE itself, and the head of power for subregulation 31(4) has been removed.

Proposed item 2 - Regulation 31 AAA

Item 1 of Schedule 7 to the Border Security Act inserted section 64AF of the Act.

Section 64AF allows the Chief Executive Officer of Customs to make a request to an operator of an international passenger air service to allow authorised officers ongoing access to the operator's passenger information. Subsection 64AF(5) provides that an authorised officer must only access an operator's passenger information for the purposes of performing his or her functions in accordance with the Act, or a law of the Commonwealth prescribed by regulations. Regulation 31AAA prescribes a number of Commonwealth laws for the purposes of paragraph 64AF(5)(b) of the Act.

Proposed item 3 - regulations 170A and 170B

Item 3 of Schedule 1 to the Border Security Act inserted subsection 234AA(3) into the Act. This provision enables the Chief Executive Officer of Customs to publish a notice in the Gazette specifying an area of an airport to be a restricted area to which section 234AA applies.

Item 1 of Schedule 2 to the Border Security Act inserted sections 213A and 213B into the Act. Sections 213A and 213B imposes obligations on employers of persons:

       whose duties include working in an airport in a restricted area specified under subsection 234AA(3) of the Act; or

       who are issued with security identification cards in respect of an airport,

to provide required identity information in respect of these persons to Customs.

Under subsection 213A(7) of the Act, 'required identity information' may include any other information prescribed by regulations.

Regulation 170A prescribes 'details of any area:

       that is covered by a notice under subsection 234AA(3) of the Act; and

       to which the person has access to perform his or her duties'

as 'required identity information' under subsection 213A(7).

Subsection 213A(7) also defines 'security identification card' as a card of a kind specified in the regulations. Under subsection 213B(4), this definition of 'security identification card' also applies to section 213B.

Regulation 170B specifies an 'ASIC' (Aviation Security Identification Card) defined in regulation 76 of the Air Navigation Regulations 1947 as a 'security identification card' for the purposes of section 213A(7).


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