Kym Richardson (Kingston, Liberal Party) Share this | Hansard source

I rise today in support of the Customs Legislation Amendment (Border Compliance and Other Measures) Bill 2006. The broad purpose of this bill is to amend the Customs Act 1901 and to implement and clarify various Customs policies and procedures which relate to border protection, compliance and other matters. The overall purpose of this bill is to provide the Australian Customs Service with the appropriate powers necessary to exercise their important responsibilities in the most effective and efficient manner possible. At the end of the day, we ask the men and women of the Australian Customs Service to undertake a task which is vital to the security, wellbeing and prosperity of this nation. In order for them to do that job properly and effectively, we must provide them with adequate and appropriate powers.

Schedule 1 of this bill deals with dangerous goods and will allow the CEO of Customs or a regional director for a state or territory to dispose of goods seized by Customs if the CEO or regional director is satisfied that retaining the goods would constitute a danger to public health or safety. This amends the current act, which only allows for such disposal in relation to perishable goods and live animals seized by Customs in the event that they create a risk to public health or to other crops and animals. By extending this power to deal with all goods seized by Customs we enable Customs to dispose of such items as hazardous biological agents and explosive material. Essentially, this amendment is simply common sense. It enables the officials at the Australian Customs Service to deal with the ever-increasing threat from goods which the original act did not envisage as potentially hazardous to the public health and safety of our people when it was implemented.

Schedule 2 of the bill deals with unauthorised entry, and specifically with sections of airports and wharves designated to be 234AA sections. These portions of the airports and wharves are designated to be used by Customs to hold and question ship and aircraft passengers and to examine their personal baggage. Under the current system, any individual who holds a security identification card can enter a section 234AA place as long as they are doing so for the purposes of their employment. The amendments in schedule 2 enable a Customs officer to restrict entry by holders of security identification cards to section 234AA places. There are regularly situations where it would be necessary for Customs to restrict such access, including during peak times of activity, in order for them to conduct their investigations properly and ensure the security of personal baggage.

Schedule 4 of the bill deals with the provision of information to Customs by issuing authorities in relation to holders of aviation security identification cards and visitor identification cards. All employees working at international airports are required to hold an aviation security identification card and all visitors to an international airport are required to hold a visitor identification card. Both of these cards are considered security identification cards for the purposes of the legislation. A holder of either card is potentially able to enter restricted areas at international airports which are under the control of the Australian Customs Service.

This bill amends the Customs Act to enable an authorised officer from the Australian Customs Service to request required identity information from issuing authorities for the purpose of updating information initially provided after the issue of either an aviation security identification card or a visitor identification card. The bill also amends the act to require issuing authorities to notify Customs when a card has expired or is revoked. Again, these amendments are common sense. These cards are necessary for airport employees to undertake their jobs. However, if these people are to be granted access to areas which are tightly controlled by the Customs Service, it is necessary that Customs are able to obtain up-to-date information about who they are. This is simply a common-sense amendment to ensure the integrity of those areas of international airports under the control of the Australian Customs Service.

Schedule 5 of the bill amends the Customs Act to implement the Accredited Client Program, which would enable accredited importers to utilise a streamlined entry, reporting and duty payment procedure for the importation of goods. This bill inserts the provisions relating to the payment of a duty estimate and import duty on imported goods entered and reported under the Accredited Client Program. The amendments contained in this bill also align the payment of processing charges associated with the Accredited Client Program with the payment of import duty.

Schedule 6 of the bill relates to the protection of Customs employees from criminal responsibility. Under the current provisions, officers of Customs engaging in an act in the course of duty and individuals acting under instructions from officers of Customs receive protection from criminal liability for certain acts. Those acts include the possession, conveyance and facilitation of conveyance of prohibited imports, prohibited exports and smuggled goods. Under the current legislative arrangements, this protection from criminal liability does not extend to include the possession, conveyance and facilitation of conveyance of narcotic goods. This bill seeks to amend that and extend the protection. This amendment does no more than ensure that individuals under the instruction of Customs Service officers and/or employed by the Australian Customs Service are not prosecuted for unwitting breaches which occur while they are simply acting in the course of their employment.

In addition to the amendments I have already discussed, there are several technical and minor amendments to the act contained in this bill. This bill simply seeks to—

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