Amended law given time to bed in, but new offences are in effect now
AirCargo Archive Stories #224
Monday, 01 July 2013
ROYAL assent has been given to the Customs and AusCheck Legislation Amendment (Organised Crime and other Measures) ACT 2013. While this is a key step, most of the measures in the new law don’t come into effect until proclamation, which could be several months away.
The government has explained that a delay of up to six months is necessary to develop subordinate legislation, change Customs and Border Protection (CBP) IT systems and ensure that both industry and CBP staff are fully aware of the new requirements.
This also allows time to modify business processes to comply with the amendments.
However, new offences - for using and/or disclosing information held on a Customs computer to another person to commit an offence against the Commonwealth, State or Territory - came into effect the day after proclamation, there being no reason to delay these.
CBP points out that these provisions stand alone, having no complicated inter-relationships with other measures, and should have an immediate impact on the misuse of CBP systems and data.
The need for changes to the Customs Act 1901 arose from a parliamentary report on aviation and maritime security along with a subsequent task force report on the Sydney maritime environment.
As explained by Andrew Hudson of Hunt & Hunt in an earlier issue of AirCargo Asia-Pacific, the amendments include placing statutory obligations on cargo terminal operators and those that load and unload cargo, similar to obligations the existing law imposes on holders of depot and warehouse licences. These include mandatory reporting of unlawful activity, ensuring the physical security of premises and cargo, and fit and proper person checks at CBP’s request.
Non-compliance could lead to criminal or administrative sanctions.
Other provisions are giving CBP power (at chief executive level) to suspend, refuse or cancel security ID cards when determining the fit and proper status.
The amendments also align aspects of the Customs broker licensing scheme with that of depots and warehouses, as well as adjusting other controls and sanctions.
CBP says it will provide additional information on its web site to support implementation of the changes. On the web: www.customs.gov.au
Amended law given time to bed in, but new offences are in effect now
AirCargo Archive Stories #224
Monday, 01 July 2013
ROYAL assent has been given to the Customs and AusCheck Legislation Amendment (Organised Crime and other Measures) ACT 2013. While this is a key step, most of the measures in the new law don’t come into effect until proclamation, which could be several months away.
The government has explained that a delay of up to six months is necessary to develop subordinate legislation, change Customs and Border Protection (CBP) IT systems and ensure that both industry and CBP staff are fully aware of the new requirements.
This also allows time to modify business processes to comply with the amendments.
However, new offences - for using and/or disclosing information held on a Customs computer to another person to commit an offence against the Commonwealth, State or Territory - came into effect the day after proclamation, there being no reason to delay these.
CBP points out that these provisions stand alone, having no complicated inter-relationships with other measures, and should have an immediate impact on the misuse of CBP systems and data.
The need for changes to the Customs Act 1901 arose from a parliamentary report on aviation and maritime security along with a subsequent task force report on the Sydney maritime environment.
As explained by Andrew Hudson of Hunt & Hunt in an earlier issue of AirCargo Asia-Pacific, the amendments include placing statutory obligations on cargo terminal operators and those that load and unload cargo, similar to obligations the existing law imposes on holders of depot and warehouse licences. These include mandatory reporting of unlawful activity, ensuring the physical security of premises and cargo, and fit and proper person checks at CBP’s request.
Non-compliance could lead to criminal or administrative sanctions.
Other provisions are giving CBP power (at chief executive level) to suspend, refuse or cancel security ID cards when determining the fit and proper status.
The amendments also align aspects of the Customs broker licensing scheme with that of depots and warehouses, as well as adjusting other controls and sanctions.
CBP says it will provide additional information on its web site to support implementation of the changes. On the web: www.customs.gov.au
