Gary Humphries (ACT, Liberal Party, Shadow Parliamentary Secretary for Defence Materiel) Share this | Link to this | Hansard source

I rise to speak on the Customs Amendment (Export Controls and Other Measures) Bill 2011 on behalf of Senator Brandis. The purpose of this bill is to amend the Customs Act 1901 and the Customs Depot Licensing Charges Act 1997 to strengthen the extent of Customs controls over export cargo and ensure consistent depot and warehouse licence conditions. The bill will: (1) allow Customs to give directions relating to goods in the export environment; (2) allow Customs to seek additional information in relation to goods being exported; (3) ensure continued Customs control of goods at a prescribed place for export; (4) ensure depot operators do not breach licence conditions when complying with a direction of the Secretary of the Department of Infrastructure and Transport; (5) allow Customs to impose new conditions on depot and warehouse licences at any time; (6) address breaches of the conditions of a depot or warehouse licence; (7) strengthen the powers of officers to give directions to depot licence holders; (8) allow the chief executive officer of Customs to suspend or cancel depot licences; (9) set out the time frames within which the CEO must decide whether or not to grant a warehouse licence; (10) allow the CEO to vary the place covered by a warehouse licence; (11) refund the warehouse licence fee on cancellation of a warehouse licence; (12) remove references to redundant provisions; and (13) remove the requirement to make a report of cargo. As is fairly obvious, these provisions are technical in nature and therefore have the coalition's support. I commend the bill to the Senate.

Mark Arbib (NSW, Australian Labor Party, Minister for Social Housing and Homelessness) Share this | Link to this | Hansard source

The Customs Amendment (Export Controls and Other Measures) Bill 2011 amends the Customs Act 1901 and the Customs Depot Licensing Charges Act 1997 to enhance the ability of the Australian Customs and Border Protection Service to respond to security concerns in the export cargo environment and to provide greater consistency between the licensed depot and warehouse schemes.

These amendments strengthen Customs and Border Protection's control over international export cargo. They will enable Customs and Border Protection to give directions relating to goods in the export environment and to seek additional information for goods intended for export. The bill will improve Customs and Border Protection's ability to deal with goods in licensed depots and warehouses as well as align the procedures and terminology that apply to the licensed depot and warehouse schemes. This includes new provisions for the suspension and cancellation of depot licenses.

The amendments will also enable the chief executive officer of Customs to apply conditions on depot at warehouse licences to ensure compliance with other Commonwealth laws such as the Aviation Transport Security Act 2004 and associated regulations.

The bill will ensure that a depot licence holder who is also a regulated air cargo agent will not be in breach of their depot licence conditions where the operator is required to comply with the direction from the Secretary of the Department of Infrastructure and Transport. The bill also responds to recommendations made in the Australian National Audit Office report Customs Cargo Management Re-Engineering Project by realigning more closely the legislation with the operations of the integrated cargo system for clearance of export goods.

Finally, the bill will remove the requirement for reporting cargo on board lost or wrecked ships or aircraft where a report has already been made and will remove some redundant provisions.

Question agreed to.

Bill read a second time.