Christopher Pyne (Sturt, Liberal Party, Shadow Minister Assisting the Shadow Minister for Immigration and Citizenship) Share this | Link to this | Hansard source

It is my pleasure, on behalf of the opposition, to speak on the Customs Legislation Amendment (Modernising) Bill 2008, which proposes to amend the Customs Act 1901 and the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 to update the brokers licensing provision to allow more flexibility in employment practices; to modernise provisions relating to duty recovery and payments under protest and to allow refunds to be applied against unpaid duty in some circumstances; to make it an offence to make false or misleading declarations in using the new SmartGate automated passenger-processing solution; and to reflect the new certificate of origin requirements for the Singapore-Australia Free Trade Agreement.

The amendments in this bill were initially included in the Customs Legislation Amendment (Augmenting Offshore Powers and Other Measures) Bill 2006 and the Customs Legislation Amendment (Modernising Import Controls and Other Measures) Bill 2006, which lapsed when the parliament was prorogued. The legislation is seen as uncontroversial by the opposition. It reflects, almost in its entirety and almost in every word, legislation that the coalition produced when in government. We were, of course, in favour of the bill when we introduced it, and we remain in favour of it today. I refer those people who wish to research the arguments of the opposition with respect to this bill to the second reading speech incorporated in Hansard by Senator the Hon. Eric Abetz when he introduced the coalition’s bill in the Senate in 2006.

Janelle Saffin (Page, Australian Labor Party) Share this | Link to this | Hansard source

I speak in favour of the Customs Legislation Amendment (Modernising) Bill 2008. It does what its long title suggests: modernises customs legislation in a few key areas. This bill will, when law, give effect to the recommendations of the first ministerial review, in July 2004, of the Singapore-Australia Free Trade Agreement. Importers will be relieved of some cumbersome and unnecessary documentation that is required to be presented to Customs when exporters claim preferential rates and duty on imported goods. It gives recognition to modern employment practices in the customs broker industry by removing outdated requirements in the Customs Act that prohibit single customs brokers from being employed by more than one brokerage at the same time. It limits the period of recovery of customs duty to four years in all cases except those of fraud or evasion where, correctly, no time limit applies. This brings it into line with the existing regime for the recovery of indirect taxes. It also clarifies the process for making a payment of customs duty under protest. So it makes it clear, puts it beyond some doubt and spells out the requirements quite clearly.

The legislation will amend the Customs Act to ensure that any false or misleading information provided using the newly introduced SmartGate solution is covered by the existing offence provisions related to making false or misleading statements to an officer of Customs. I take it that the existing offence provisions are still able to be invoked but that this puts the matter beyond doubt. I also take it that the minister would be able to clarify that for me.

In summary, the bill reflects the new certificate of origin requirements for the Singapore-Australia Free Trade Agreement. It updates the broker licensing provisions, modernises the provisions relating to duty recovery and payment under protest and makes it an offence to make false or misleading declarations in using the new SmartGate automated passenger processing system. It does what its long title says: modernises customs law.

Bob Debus (Macquarie, Australian Labor Party, Minister for Home Affairs) Share this | Link to this | Hansard source

in reply—I thank the previous speakers for their contribution. As members in the Main Committee will have noticed, there is profound consensual agreement about the passage of this bill, which was indeed introduced into the parliament by the previous government. It was in some fashion held up in proceedings when the last election was called, and the new government has merely brought it forward in order that its common-sense provisions may be enacted into law.

Question agreed to.

Bill read a second time.

Ordered that this bill be reported to the House without amendment.