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Customs Administration Act 1985

Authoritative Version
Act No. 38 of 1985 as amended, taking into account amendments up to Crimes Legislation Amendment Act (No. 2) 2011
An Act to provide for an Australian Customs and Border Protection Service, and for purposes connected therewith
Administered by: Attorney-General's
Registered 16 Mar 2012
Start Date 27 Dec 2011
End Date 14 Feb 2013
Date of repeal 01 Jul 2015
Repealed by Customs and Other Legislation Amendment (Australian Border Force) Act 2015
Table of contents.

Customs Administration Act 1985

Act No. 38 of 1985 as amended

This compilation was prepared on 14 March 2012
taking into account amendments up to Act No. 174 of 2011

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney‑General’s Department, Canberra

  

  

  


Contents

1............ Short title [see Note 1]........................................................................ 1

2............ Commencement [see Note 1].............................................................. 1

3............ Interpretation....................................................................................... 1

3A......... Application of the Criminal Code....................................................... 2

4............ Australian Customs and Border Protection Service............................ 2

4AA...... Meaning of Customs........................................................................... 2

4A......... Minister may give directions to CEO.................................................. 3

5............ Appointment of CEO.......................................................................... 3

6............ Tenure of office................................................................................... 3

7............ Employment outside official duties..................................................... 3

8............ Remuneration and allowances............................................................. 3

9............ Leave of absence................................................................................. 4

10.......... Resignation......................................................................................... 4

11.......... Disclosure of financial interests.......................................................... 4

12.......... Suspension and removal from office of CEO..................................... 4

13.......... Acting CEO........................................................................................ 5

14.......... Delegation........................................................................................... 6

15.......... Staff.................................................................................................... 6

16.......... Prohibition of disclosure of certain information.................................. 6

16AA.... Conduct by directors, employees and agents..................................... 15

17.......... Annual report.................................................................................... 16

18.......... Regulations....................................................................................... 16

Notes                                                                                                                                             17


An Act to provide for an Australian Customs and Border Protection Service, and for purposes connected therewith

 

 

1  Short title [see Note 1]

                   This Act may be cited as the Customs Administration Act 1985.

2  Commencement [see Note 1]

                   This Act shall come into operation on a day to be fixed by Proclamation.

3  Interpretation

                   In this Act, unless the contrary intention appears:

appoint includes re‑appoint.

CEO means the Chief Executive Officer of Customs.

law of customs means:

                     (a)  this Act; or

                     (b)  any other Act of which the CEO has the general administration; or

                     (c)  if the CEO has the general administration of a particular provision or provisions only of an Act—that provision or those provisions; or

                     (d)  if the CEO has the general administration of an Act, or of a particular provision or provisions of an Act, only in so far as that Act, or that provision or those provisions, relates or relate to a particular matter or matters—that Act, or that provision or those provisions, in so far as that Act, or that provision or those provisions, relates or relate to that matter or those matters; or

                     (e)  any instrument (including rules, regulations, by‑laws or determinations) under this Act, under an Act to which paragraph (b) applies, under a provision to which paragraph (c) applies or under an Act or provision referred to in paragraph (d) in so far as it relates to a matter so referred to.

3A  Application of the Criminal Code

                   Chapter 2 of the Criminal Code (except Part 2.5) applies to all offences against this Act.

Note:          Chapter 2 of the Criminal Code sets out the general principles of criminal responsibility.

4  Australian Customs and Border Protection Service

             (1)  The agency known immediately before the commencement of this subsection as the Australian Customs Service is continued in existence with the new name, the Australian Customs and Border Protection Service.

             (2)  There shall be a Chief Executive Officer of Customs, who shall, under the Minister, control the Australian Customs and Border Protection Service.

             (3)  The Australian Customs and Border Protection Service consists of the CEO and the staff referred to in section 15.

             (4)  Where a person employed in the Australian Customs and Border Protection Service, or a person not so employed who is authorized in writing by the CEO to perform a function or functions of a person employed in the Australian Customs and Border Protection Service, performs a function or exercises a power under a law of customs, the person is, in the performance of that function or the exercise of that power, subject to the directions of the CEO.

4AA  Meaning of Customs

                   In any Act, unless the contrary intention appears:

Customs means the agency continued in existence under subsection 4(1).

4A  Minister may give directions to CEO

             (1)  The Minister may give written directions to the CEO with respect to the general policy to be pursued in relation to the administration of the Australian Customs and Border Protection Service.

             (2)  If the Minister gives a direction under subsection (1), the Minister must cause a copy of the direction to be laid before each House of the Parliament within 15 sitting days of that House after giving the direction.

             (3)  The CEO must comply with all written directions given by the Minister under subsection (1).

5  Appointment of CEO

                   The CEO shall be appointed by the Governor‑General.

6  Tenure of office

             (1)  Subject to this Act, the CEO is to be appointed for a specified period of not more than 5 years but is eligible for re‑appointment.

             (3)  The CEO holds office on such terms and conditions not provided for by this Act or any other Act as the Governor‑General determines.

7  Employment outside official duties

                   The CEO shall not, without the approval of the Minister, engage in paid employment outside the duties of the office of CEO.

8  Remuneration and allowances

             (1)  The CEO shall be paid such remuneration as is determined by the Remuneration Tribunal.

             (2)  The CEO shall be paid such allowances as are prescribed.

             (3)  This section has effect subject to the Remuneration Tribunal Act 1973.

9  Leave of absence

             (1)  The CEO has such recreation leave entitlements as are determined by the Remuneration Tribunal.

             (2)  The Minister may grant the CEO leave of absence, other than recreation leave, on such terms and conditions as to remuneration or otherwise as the Minister determines.

10  Resignation

                   The CEO may resign from office by writing signed by the CEO and delivered to the Governor‑General.

11  Disclosure of financial interests

                   The CEO shall give written notice to the Minister of all direct and indirect pecuniary interests that the CEO has or acquires in any business in Australia or elsewhere or in any body corporate carrying on such a business.

12  Suspension and removal from office of CEO

             (1)  The Governor‑General may remove the CEO from office on an address praying for the removal of the CEO on the ground of proved misbehaviour or physical or mental incapacity being presented to the Governor‑General by each House of the Parliament in the same session of the Parliament.

             (2)  The Governor‑General may suspend the CEO from office on the ground of misbehaviour or physical or mental incapacity.

             (3)  Where the Governor‑General suspends the CEO, the Minister shall cause a statement of the grounds of the suspension to be laid before each House of the Parliament within 7 sitting days of that House after the suspension.

             (4)  If, at the expiration of 15 sitting days of a House of the Parliament after the day on which the statement was laid before that House, an address under subsection (1) has not been presented to the Governor‑General by each House of the Parliament, the suspension terminates.

             (5)  The suspension of the CEO from office under this section does not affect any entitlement of the CEO to be paid remuneration and allowances.

             (6)  If:

                     (a)  the CEO becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;

                    (aa)  the CEO fails, without reasonable excuse, to comply with a direction given under section 4A;

                     (b)  the CEO fails, without reasonable excuse, to comply with section 11;

                     (c)  the CEO engages, except with the approval of the Minister, in paid employment outside the duties of the office of CEO; or

                     (d)  the CEO is absent from duty, except on leave of absence, for 14 consecutive days or 28 days in any 12 months;

the Governor‑General shall remove the CEO from office.

             (7)  The Governor‑General may, with the consent of the CEO, retire the CEO from office on the ground of physical or mental incapacity.

             (8)  The CEO shall not be suspended, removed or retired from office except as provided by this section.

13  Acting CEO

                   The Governor‑General may appoint a person to act in the office of CEO:

                     (a)  during a vacancy in that office; or

                     (b)  during any period, or during all periods, when the person holding that office is absent from duty or from Australia or is, for any other reason, unable to perform the functions of that office.

Note:          For rules that apply to acting appointments, see section 33A of the Acts Interpretation Act 1901.

14  Delegation

             (1)  The CEO may, by signed instrument, delegate to an officer of Customs all or any of the functions and powers of the CEO under a law of customs or any other law of the Commonwealth.

             (2)  A delegation under this section may be made subject to a power of review and alteration by the CEO, within a period specified in the instrument of delegation, of acts done under the delegation.

             (3)  A function or power so delegated, when performed or exercised by the delegate, shall, for the purposes of the law of customs, or the other law of the Commonwealth, under which the function was established or the power conferred, be taken to have been performed or exercised by the CEO.

             (4)  Paragraph 34AB(1)(c) of the Acts Interpretation Act 1901 does not apply to a delegation under subsection (1).

             (5)  In this section:

officer of Customs means a person who is an Officer of Customs for the purposes of the Customs Act 1901.

15  Staff

             (1)  The staff required for the purposes of this Act shall be persons engaged under the Public Service Act 1999.

             (2)  For the purposes of the Public Service Act 1999:

                     (a)  the CEO and the APS employees assisting the CEO together constitute a Statutory Agency; and

                     (b)  the CEO is the Head of that Statutory Agency.

16  Prohibition of disclosure of certain information

Overview

             (1)  This section:

                     (a)  prohibits the unauthorised recording and disclosure of certain information held by the Australian Customs and Border Protection Service; and

                     (b)  provides for exceptions in relation to the prohibition; and

                     (c)  makes particular provision in relation to the authorised disclosure of personal information.

Persons to whom section applies

       (1AA)  This section applies to:

                     (a)  the CEO; and

                     (b)  a person performing duties in the Australian Customs and Border Protection Service as a person employed or engaged by the Commonwealth, a Commonwealth agency, a State or a State agency; and

                     (c)  any of the following persons:

                              (i)  a person engaged to provide goods or services to the Commonwealth through the Australian Customs and Border Protection Service (whether or not under an agreement to which the Commonwealth is a party);

                             (ii)  if the person mentioned in subparagraph (i) is a body corporate—a director, an employee or an agent of the body corporate;

                            (iii)  if the person mentioned in subparagraph (i) is an individual—an employee or agent of the individual; and

                     (d)  a person to whom the CEO has delegated a power or function of the CEO under a law of customs or any other law of the Commonwealth; and

                     (e)  a person authorised by the CEO to exercise a power or function under a law of customs or any other law of the Commonwealth.

Definitions

          (1A)  In this section:

Commonwealth agency means any instrumentality or agency of the Crown in right of the Commonwealth and includes:

                     (a)  a department of the public service of the Commonwealth; and

                     (b)  any body corporate in which the Commonwealth holds a controlling interest;

but does not include a Minister of the Crown in right of the Commonwealth.

duties, in relation to a person, means the duties of the person in the capacity because of which he or she is a person to whom this section applies and only includes such duties that are performed in or in connection with the Australian Customs and Border Protection Service.

Example:    In the case of a person who is employed by a State agency, the person’s duties, for the purposes of this section, include only those duties performed in or in connection with the Australian Customs and Border Protection Service as such an employee and does not include the person’s other duties as an employee of that State agency.

international organisation means:

                     (a)  an international organisation within the meaning of the Diplomatic Privileges and Immunities Act 1967; and

                     (b)  any other international organisation prescribed by the regulations for the purposes of this paragraph.

personal information has the same meaning as in the Privacy Act 1988.

principal officer, in relation to a Commonwealth agency or a State agency, means:

                     (a)  if the agency is constituted by one person—that person; and

                     (b)  if the agency is constituted by more than one person—the person who is entitled to preside at any meeting of the agency at which he or she is present; and

                     (c)  in any other case—the person holding, or performing the duties of, the office of the head of that agency.

protected information means information that directly or indirectly comes to the knowledge of, or into the possession of, a person while he or she is performing his or her duties (whether the information is related to those duties or not).

State includes the Australian Capital Territory, the Northern Territory and Norfolk Island.

State agency means any instrumentality or agency of the Crown in right of a State, and includes a department of the public service of the State and any body corporate in which the State holds a controlling interest, but does not include a Minister of the Crown in right of the State, a municipal corporation or any other local government body.

Prohibition against disclosure etc. of protected information

             (2)  A person who is or has been a person to whom this section applies must not directly or indirectly:

                     (a)  make a record of any protected information; or

                     (b)  disclose to any person any protected information;

except:

                     (c)  as authorised by this section; or

                    (ca)  for the purposes of the Law Enforcement Integrity Commissioner Act 2006 or regulations under that Act; or

                     (d)  as required or authorised by any other law; or

                     (e)  in the course of performing the person’s duties.

Penalty:  Imprisonment for 2 years.

Authorised disclosure under this section

             (3)  Subject to subsections (7), (8) and (10), a person is authorised by this section to carry out an act referred to in paragraph (2)(a) or (b) if it is carried out:

                     (a)  in accordance with an authorisation by the CEO that is referred to in subsection (3A), (3B), (3C) or (3D); or

                     (b)  as provided in subsection (3F), (3G) or (3H).

CEO’s authorisation—Commonwealth agency

          (3A)  Subject to subsections (3E), (7), (8) and (10), if the CEO is satisfied that:

                     (a)  information or a class of information held by the Australian Customs and Border Protection Service will be used by a Commonwealth agency for the purposes of that agency’s functions; and

                     (b)  the Commonwealth agency has undertaken not to use or further disclose such information or class of information except for the purpose referred to in paragraph (d) or otherwise as required or authorised by law;

the CEO may in writing:

                     (c)  authorise the disclosure by a person of the information or the class of information to the principal officer of, or a person authorised to act on behalf of, that agency; and

                     (d)  specify the purpose for which the disclosure is authorised to be made and the manner in which, or the conditions under which, the disclosure is to be made (including the form in which the information is to be presented and the mode of transmitting that information).

CEO’s authorisation—State agency for Commonwealth purposes

          (3B)  Subject to subsections (3E), (7), (8) and (10), if the CEO is satisfied that:

                     (a)  information or a class of information held by the Australian Customs and Border Protection Service will be used by a State agency for purposes relating to the carrying out of a Commonwealth function by that agency; and

                     (b)  the State agency has undertaken not to use or further disclose such information or class of information except for the purpose referred to in paragraph (d) or otherwise as required or authorised by law;

the CEO may in writing:

                     (c)  authorise the disclosure by a person of the information or the class of information to the principal officer of, or a person authorised to act on behalf of, that agency; and

                     (d)  specify the purpose for which the disclosure is authorised to be made and the manner in which, or the conditions under which, the disclosure is to be made (including the form in which the information is to be presented and the mode of transmitting that information).

CEO’s authorisation—State agency for State purposes

          (3C)  Subject to subsections (3E), (7), (8) and (10), if the CEO is satisfied that:

                     (a)  information or a class of information held by the Australian Customs and Border Protection Service will be used by a State agency for the purposes of the performance of the functions of the State agency; and

                     (b)  the State agency has undertaken not to use or further disclose such information or class of information except for the purpose referred to in paragraph (d) or otherwise as required or authorised by law;

the CEO may in writing:

                     (c)  authorise the disclosure by a person of the information or the class of information to the principal officer of, or a person authorised to act on behalf of, that agency; and

                     (d)  specify the purpose for which the disclosure is authorised to be made and the manner in which, or the conditions under which, the disclosure is to be made (including the form in which the information is to be presented and the mode of transmitting that information).

CEO’s authorisation—certain agreements

          (3D)  Subject to subsections (3E), (7), (8) and (10), if the CEO is satisfied that:

                     (a)  information or a class of information held by the Australian Customs and Border Protection Service will be used in accordance with an agreement that has been entered into by the Commonwealth or a Commonwealth agency and one or more of any of the following:

                              (i)  a foreign country;

                             (ii)  an instrumentality or agency of a foreign country;

                            (iii)  an international organisation; and

                     (b)  the country, instrumentality, agency or organisation has undertaken not to use or further disclose that information except for the purpose referred to in paragraph (d) or otherwise as required or authorised by law;

the CEO may in writing:

                     (c)  authorise the disclosure by a person of the information or the class of the information to a person authorised to act on behalf of that country, instrumentality, agency or organisation; and

                     (d)  specify the purpose for which the disclosure is authorised to be made and the manner in which, or the conditions under which, the disclosure is to be made (including the form in which the information is to be presented and the mode of transmitting that information).

Specified purpose in an authorisation by the CEO

          (3E)  The CEO may only specify a purpose for the disclosure of information or a class of information in an authorisation under subsection (3A), (3B), (3C) or (3D) that:

                     (a)  in the case of subsection (3A)—is related to the performance of the functions of the Commonwealth agency concerned; and

                     (b)  in the case of subsection (3B)—is related to the performance of the Commonwealth function concerned; and

                     (c)  in the case of subsection (3C)—is related to the performance of the functions of the State agency concerned; and

                     (d)  in the case of subsection (3D)—is related to the purpose of the agreement concerned.

Note:          The obligations under subsection (3E) is affected by paragraph (8)(b) if the information concerned contains personal information.

Authorised disclosure because of threat to health or life

           (3F)  A person may carry out an act referred to in paragraph (2)(a) or (b) if there are reasonable grounds for that person to believe that:

                     (a)  a serious and imminent threat to the health or life of a person or persons exists or might exist; and

                     (b)  it is necessary to carry out that act in order to avert or reduce that threat.

Body corporate may consent to disclosure

          (3G)  If the CEO is satisfied that the principal officer of, or a person authorised to act on behalf of, a body corporate has consented to the disclosure to a person of information or a class of information (not including personal information) about the body, the CEO may authorise, in writing, the disclosure of the information to the person.

Government agencies, foreign countries or international organisations may consent to disclosure

          (3H)  If the CEO is satisfied that a Commonwealth agency, State agency, a foreign country, an instrumentality or agency of a foreign country or an international organisation has consented to the disclosure to a person of information or a class of information (not including personal information) about the agency, country, instrumentality or organisation, the CEO may authorise, in writing, the disclosure of the information to the person.

Disclosure of personal information

             (7)  If:

                     (a)  apart from this subsection, a person is authorised by this section to carry out an act referred to in paragraph (2)(b) because of the operation of subsection (3A), (3B), (3C) or (3D); and

                     (b)  the act involves the disclosure by the person to someone else of information (including a class of information) that contains personal information;

then, despite the above provisions of this section, the person is not to be taken to be authorised by this section to carry out the act unless:

                     (c)  the person to whom the information relates has consented to the disclosure; or

                     (d)  the following apply:

                              (i)  in the case of any disclosure of information—the disclosure complies with subsection (8);

                             (ii)  in the case of a disclosure of a class of information—the disclosure also complies with subsection (10).

Requirements applicable to disclosure of personal information

             (8)  This subsection is complied with in relation to the disclosure of information as referred to in subparagraph (7)(d)(i) if:

                     (a)  the CEO is satisfied that the disclosure is necessary for a permissible purpose referred to in a paragraph of subsection (9); and

                     (b)  the purpose is specified as a purpose for which the disclosure is authorised to be made in an authorisation under subsection (3A), (3B), (3C) or (3D) that applies to the disclosure; and

                     (c)  the disclosure is made for that purpose.

Permissible purposes

             (9)  A purpose specified in any of the following paragraphs is a permissible purpose for the purpose of subsection (8):

                     (a)  the administration or enforcement of a law of the Commonwealth, of a Territory or of another country that relates to:

                              (i)  criminal law; or

                             (ii)  a law imposing a pecuniary penalty or providing for the forfeiture of property;

                     (b)  in relation to a law referred to in paragraph (a), the prevention of crime, or the detection or analysis of criminal conduct, in respect of that law;

                     (c)  the administration or enforcement of a law of a State that relates to:

                              (i)  criminal law; or

                             (ii)  a law imposing a pecuniary penalty or providing for the forfeiture of property;

                     (d)  in relation to a law referred to in paragraph (c), the prevention of crime, or the detection or analysis of criminal conduct, in respect of that law;

                     (e)  a purpose relating to the protection of public health, or the prevention or elimination of risks to the life or safety of an individual or a group of individuals;

                    (ea)  the collection and verification of statistics for the purposes of the Census and Statistics Act 1905 and the performance of the functions of the Australian Bureau of Statistics as set out in section 6 of the Australian Bureau of Statistics Act 1975;

                      (f)  the protection of the public revenue of the Commonwealth, a Territory or another country;

                     (g)  the protection of the public revenue of a State;

                     (h)  a purpose relating to a law of customs;

                      (i)  a purpose relating to immigration, quarantine or border control between Australia and another country;

                    (ia)  a purpose relating to the performance of functions under section 17 of the Australian Security Intelligence Organisation Act 1979;

                    (ib)  a purpose relating to the performance of functions under section 6 of the Intelligence Services Act 2001;

                      (j)  the administration or enforcement of laws with respect to commerce:

                              (i)  between a State and another State; or

                             (ii)  between a State and a Territory; or

                            (iii)  between a Territory and another Territory; or

                            (iv)  between Australia and another country;

                     (k)  the administration or enforcement of laws with respect to commerce within a State.

Additional requirements concerning classes of information

           (10)  This subsection is complied with in relation to a disclosure of a class of information pursuant to an authorisation under subsection (3A), (3B), (3C) or (3D) as referred to in subsection (7) if:

                     (a)  the disclosure is made to a Commonwealth agency, State agency, a foreign country, an instrumentality or agency of a foreign country or an international organisation, that is specified in the regulations; and

                     (b)  the class of information specified by the CEO in the authorisation is specified in the regulations as a class of information that may be disclosed to the agency, country, instrumentality or organisation concerned.

16AA  Conduct by directors, employees and agents

             (1)  This section applies for the purposes of a prosecution for:

                     (a)  an offence created by a provision in this Act or the regulations; or

                     (b)  an offence created by section 6 of the Crimes Act 1914, or section 11.1, 11.2, 11.2A, 11.4 or 11.5 of the Criminal Code, that relates to an offence referred to in paragraph (a).

             (2)  If it is necessary to prove the state of mind of a body corporate in relation to particular conduct, it is enough to show that:

                     (a)  the conduct was engaged in by a director, employee or agent of the body corporate within the scope of his or her actual or apparent authority; and

                     (b)  the director, employee or agent had the state of mind.

             (3)  If:

                     (a)  conduct is engaged in on behalf of a body corporate by a director, employee or agent of the body corporate; and

                     (b)  the conduct is within the scope of his or her actual or apparent authority;

the conduct is taken, for the purposes of the prosecution of an offence against this Act, to have been engaged in also by the body corporate unless the body corporate establishes that it took reasonable precautions and exercised due diligence to avoid the conduct.

             (4)  In this section:

director, in relation to a body that:

                     (a)  is incorporated for a public purpose by a law of the Commonwealth, of a State or of a Territory; and

                     (b)  is constituted by one or more members;

means the member, or any of the members, constituting the body.

engage in conduct includes fail or refuse to engage in conduct.

state of mind, in relation to a person, includes:

                     (a)  the person’s knowledge, intention, opinion, belief or purpose; and

                     (b)  the person’s reasons for the intention, opinion, belief or purpose.

17  Annual report

             (1)  The CEO shall, as soon as practicable after 30 June in each year, prepare and furnish to the Minister a report of the operations of the Australian Customs and Border Protection Service during the year that ended on that 30 June.

             (2)  The Minister shall cause a copy of a report furnished to the Minister under subsection (1) to be laid before each House of the Parliament within 15 sitting days of that House after the day on which the Minister receives the report.

18  Regulations

                   The Governor‑General may make regulations, not inconsistent with this Act, prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.


Notes to the Customs Administration Act 1985

Note 1

The Customs Administration Act 1985 as shown in this compilation comprises Act No. 38, 1985 amended as indicated in the Tables below.

All relevant information pertaining to application, saving or transitional provisions prior to 6 April 2001 is not included in this compilation. For subsequent information see Table A.

Table of Acts

Act

Number
and year

Date
of Assent

Date of commencement

Application, saving or transitional provisions

Customs Administration Act 1985

38, 1985

29 May 1985

10 June 1985 (see Gazette 1985, No. S194)

 

Customs and Excise Legislation Amendment Act (No. 3) 1989

78, 1989

21 June 1989

S. 5(1)(c)–(g): 3 Mar 1989
Ss. 6, 8, 16 and 18: 19 July 1989
Remainder: Royal Assent

S. 12(2)

Taxation Laws Amendment Act (No. 3) 1989

107, 1989

30 June 1989

Part 6 (ss. 29, 30): 24 Nov 1988 (see s. 2(2))
Remainder: Royal Assent

Customs and Excise Legislation Amendment Act (No. 4) 1989

5, 1990

17 Jan 1990

Ss. 1–3 and 25: Royal Assent
Ss. 4(1)(b), 16, 26(1)(b), (c) and 33 (in part): 1 July 1989
S. 15: 1 Aug 1989
Remainder: 1 Jan 1990

Ss. 2(2) and 34

Industrial Relations Legislation Amendment Act 1991

122, 1991

27 June 1991

Ss. 4(1), 10(b) and 15–20: 1 Dec 1988
Ss. 28(b)–(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332)
Remainder: Royal Assent

S. 31(2)

Customs Legislation Amendment Act 1992

209, 1992

22 Dec 1992

Ss. 4(a), 11, 12, 19, 20 and 22: 1 Sept 1992
Ss. 4(b), (c), 6–10, 13(2), 14, 15(d), 16, 17, 24, 25 and 27: 1 June 1993 (see Gazette 1993, No. GN17)
Ss. 5 and 23: 19 Jan 1993
S. 21: 18 Aug 1992
Remainder: Royal Assent

Imported Food Control Act 1992

221, 1992

24 Dec 1992

15 June 1993 (see Gazette 1993, No. GN22)

Customs, Excise and Bounty Legislation Amendment Act 1995

85, 1995

1 July 1995

Ss. 7, 17 and 18: Royal Assent (a)

Ss. 17 and 18

Statute Law Revision Act 1996

43, 1996

25 Oct 1996

Schedule 2 (item 47): (b)

Customs Legislation Amendment Act (No. 1) 1999

137, 1999

3 Nov 1999

Schedule 2: 23 Mar 2000 (see Gazette 2000, No. S142) (c)

Public Employment (Consequential and Transitional) Amendment Act 1999

146, 1999

11 Nov 1999

Schedule 1 (items 356–358): 5 Dec 1999 (see Gazette 1999, No. S584) (d)

Customs Legislation Amendment (Criminal Sanctions and Other Measures) Act 2000

23, 2000

3 Apr 2000

Schedules 1–3: 26 May 2000 (see Gazette 2000, No. S269)
Remainder: Royal Assent

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001

24, 2001

6 Apr 2001

S. 4(1), (2) and Schedule 22: (e)

S. 4(1) and (2) [see Table A]

Taxation Laws Amendment (Excise Arrangements) Act 2001

25, 2001

6 Apr 2001

Schedule 7 (items 1–8): 4 May 2001 (f)

Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001

95, 2001

20 July 2001

Schedule 3 (items 152–171): Royal Assent (g)

as amended by

 

 

 

 

Statute Law Revision Act 2002

63, 2002

3 July 2002

Schedule 2 (item 8): (ga)

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001

159, 2001

1 Oct 2001

29 Oct 2001

Sch. 1 (item 97) [see Table A]

Border Security Legislation Amendment Act 2002

64, 2002

5 July 2002

Schedule 12: Royal Assent

Australian Crime Commission Establishment Act 2002

125, 2002

10 Dec 2002

Schedule 2 (items 39, 40, 226): 1 Jan 2003

Sch. 2 (item 226) [see Table A]

Anti‑Terrorism Act (No. 2) 2005

144, 2005

14 Dec 2005

Schedule 10 (item 30): Royal Assent

Customs Legislation Amendment (Name Change) Act 2009

33, 2009

22 May 2009

Schedule 1: 23 May 2009

Crimes Legislation Amendment (Serious and Organised Crime) Act (No. 2) 2010

4, 2010

19 Feb 2010

Schedule 10 (item 17): 20 Feb 2010

Tax Laws Amendment (Confidentiality of Taxpayer Information) Act 2010

145, 2010

16 Dec 2010

Schedule 2 (item 9): 17 Dec 2010

Acts Interpretation Amendment Act 2011

46, 2011

27 June 2011

Schedule 2 (items 479–482) and Schedule 3 (items 10, 11): 27 Dec 2011

Sch. 3 (items 10, 11) [see Table A]

Crimes Legislation Amendment Act (No. 2) 2011

174, 2011

5 Dec 2011

Schedule 1 (items 1, 6): 6 Dec 2011

Sch. 1 (item 6) [see Table A]


(a)     The Customs Administration Act 1985 was amended by the Customs, Excise and Bounty Legislation Amendment Act 1995, subsection 2(1) of which provides as follows:

                 (1)   Subject to subsections (2), (3), (4), (5) and (6), this Act commences on the day on which it receives the Royal Assent.

(b)     The Customs Administration Act 1985 was amended by Schedule 2 (item 47) only of the Statute Law Revision Act 1996, subsection 2(2) of which provides as follows:

                 (2)   Each item in Schedule 2 commences or is taken to have commenced (as the case requires) at the time specified in the note at the end of the item.

         Item 47 is taken to have commenced immediately after the commencement of item 19 of Schedule 5 of the Customs, Excise and Bounty Legislation Amendment Act 1995.

         Item 19 of Schedule 5 of the Customs, Excise and Bounty Legislation Amendment Act 1995 commenced on 1 July 1995.

(c)     The Customs Administration Act 1985 was amended by Schedule 2 only of the Customs Legislation Amendment Act (No. 1) 1999, subsection 2(2) of which provides as follows:

                 (2)   The items of Schedules 1 and 2 commence on a day or days to be fixed by Proclamation.

(d)     The Customs Administration Act 1985 was amended by Schedule 1 (items 356–358) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

                 (1)   In this Act, commencing time means the time when the Public Service Act 1999 commences.

                 (2)   Subject to this section, this Act commences at the commencing time.

(e)     The Customs Administration Act 1985 was amended by Schedule 22 only of the Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001, subsection 2(1)(a) of which provides as follows:

                 (1)   Subject to this section, this Act commences at the later of the following times:

                              (a)   immediately after the commencement of item 15 of Schedule 1 to the Criminal Code Amendment (Theft, Fraud, Bribery and Related Offences) Act 2000;

         Item 15 commenced on 24 May 2001.

(f)      The Customs Administration Act 1985 was amended by Schedule 7 (items 1–8) only of the Taxation Laws Amendment (Excise Arrangements) Act 2001, subsection 2(1)(b) of which provides as follows:

                 (1)   Subject to this section, this Act commences on the earlier of:

                              (b)   28 days after the day on which this Act receives the Royal Assent.

(g)     The Customs Administration Act 1985 was amended by Schedule 3 (items 152–171) only of the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001, subsection 2(1) of which provides as follows:

                 (1)   Sections 1 to 3, and items 82, 84, 109, 123 and 152 to 171 in Schedule 3, commence on the day on which this Act receives the Royal Assent.

(ga)   The Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 was amended by Schedule 2 (item 8) only of the Statute Law Revision Act 2002, subsection 2(1) (item 37) of which provides as follows:

                 (1)   Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, on the day or at the time specified in column 2 of the table.

Commencement information

Column 1

Column 2

Column 3

Provision(s)

Commencement

Date/Details

37.  Schedule 2, item 8

Immediately after the time specified in the Customs Legislation Amendment and Repeal (International Trade Modernisation) Act 2001 for the commencement of item 158 of Schedule 3 to that Act

20 July 2001


Table of Amendments

ad. = added or inserted    am. = amended    rep. = repealed   rs. = repealed and substituted

Provision affected

How affected

Title.....................................

am. No. 33, 2009

S. 3......................................

am. No. 85, 1995; No. 25, 2001

S. 3A...................................

ad. No. 24, 2001

Heading to s. 4..................

am. No. 33, 2009

S. 4......................................

am. No. 85, 1995; No. 25, 2001; No. 33, 2009

S. 4AA.................................

ad. No. 33, 2009

S. 4A...................................

ad. No. 85, 1995

 

am. No. 33, 2009

Heading to s. 5..................

am. No. 85, 1995

S. 5......................................

am. No. 85, 1995

S. 6......................................

am. No. 85, 1995; No. 23, 2000; No. 159, 2001

Ss. 7, 8................................

am. No. 85, 1995

S. 9......................................

rs. No. 122, 1991

 

am. No. 85, 1995; No. 146, 1999

Ss. 10, 11............................

am. No. 85, 1995

Heading to s. 12................

am. No. 85, 1995

S. 12....................................

am. No. 122, 1991; No. 85, 1995

Heading to s. 13................

am. No. 85, 1995

S. 13....................................

am. No. 85, 1995; No. 43, 1996; No. 46, 2011

Note to s. 13.......................

ad. No. 46, 2011

S. 14....................................

rs. No. 78, 1989

 

am. No. 5, 1990; No. 85, 1995; No. 25, 2001; No. 46, 2011

S. 15....................................

am. No. 85, 1995; No. 146, 1999

Heading to s. 16................

rs. No. 95, 2001

Subheads. to s. 16(4)–(6).

ad. No. 137, 1999

S. 16....................................

am. Nos. 209 and 221, 1992; No. 85, 1995; No. 137, 1999; Nos. 25 and 95, 2001; Nos. 64 and 125, 2002; No. 144, 2005; No. 33, 2009; No. 174, 2011

S. 16AA...............................

ad. No. 137, 1999

 

am. No. 24, 2001; No. 4, 2010

Heading to s. 16A..............

am. No. 85, 1995

 

rep. No. 145, 2010

S. 16A.................................

ad. No. 107, 1989

 

am. No. 85, 1995; No. 25, 2001

 

rep. No. 145, 2010

S. 17....................................

am. No. 85, 1995; No. 33, 2009


Table A

Application, saving or transitional provisions

Law and Justice Legislation Amendment (Application of Criminal Code) Act 2001 (No. 24, 2001)

4  Application of amendments

             (1)  Subject to subsection (3), each amendment made by this Act applies to acts and omissions that take place after the amendment commences.

             (2)  For the purposes of this section, if an act or omission is alleged to have taken place between 2 dates, one before and one on or after the day on which a particular amendment commences, the act or omission is alleged to have taken place before the amendment commences.

 

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 (No. 159, 2001)

Schedule 1

97  Application of amendments

The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.

 

Australian Crime Commission Establishment Act 2002 (No. 125, 2002)

226  Transitional regulations

(1)       The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) arising out of the amendments made by this Schedule.

(2)       Despite subsection 48(2) of the Acts Interpretation Act 1901, regulations made under this item within 1 year after commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.

 

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

Schedule 3

10  Saving—appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11  Transitional regulations

The Governor‑General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.

 

Crimes Legislation Amendment Act (No. 2) 2011 (No. 174, 2011)

Schedule 1

6  Application

(1)       The amendments made by items 1 to 5 of this Schedule apply in relation to corrupt conduct, whether engaged in before or after the commencement of the Law Enforcement Integrity Commissioner Act 2006.

(2)       However, the requirement for the Chief Executive Officer of Customs to notify a corruption issue to the Integrity Commissioner under that Act only applies on and after this item commences.

(3)       To avoid doubt, the amendments made by items 1 to 5 apply in relation to corrupt conduct even if the conduct was engaged in at a time when Customs was known as the Australian Customs Service.

(4)       In this item:

corrupt conduct has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.

corruption issue has the same meaning as in the Law Enforcement Integrity Commissioner Act 2006.