Federal Register of Legislation - Australian Government

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Guides & Guidelines as made
These Guidelines revoke the Customs Act 1901 - Infringement Notice Guidelines (2006) and gives approval of Guidelines in respect of the administration of the Infringement Notice Scheme under the Customs Act 1901.
Administered by: Home Affairs
Registered 09 Jun 2010
Tabling HistoryDate
Tabled HR15-Jun-2010
Tabled Senate15-Jun-2010
Date of repeal 28 Nov 2013
Repealed by Other
Repealing Comments Enabling provision repealed by Schedule 1, Part 4, Division 1, item 57 of the Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Act 2013.

EXPLANATORY STATEMENT

INFRINGEMENT NOTICE GUIDELINES (2010)

Customs Act 1901

Section 243XA of the Act provides that the Chief Executive Officer of Customs (the CEO) must develop written guidelines in respect of the administration of Subdivision A of Division 5 of Part XIII of the Customs Act 1901 (the Act) to which he or she must have regard when exercising powers under that Subdivision.  Subdivision A of Division 5 relates to penalties that can be paid in lieu of prosecution for certain offences.  Section 243XA provides that the guidelines are a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901. Under paragraph 6(d) of the Legislative Instruments Act 2003, the guidelines are a legislative instrument.

Background

On 15 June 2006 the CEO approved the Infringement Notice Guidelines (2006).  The 2006 version of the guidelines has since been amended to reflect changes made to the Act since these guidelines were approved. The amended guidelines:

a)        include the new offences of failing to keep goods safely and failing to account for goods.  These offences were inserted in section 36 of the Act by the Customs Amendment (Enhanced Border Controls and Other Measures) Act 2009;

b)        include the administrative moratorium, which applies until 1 July 2010, in relation to the new offences contained in section 36 of the Act;

c)        reflect the name change to the 'Australian Customs and Border Protection Service' (Customs Legislation Amendment (Name Change) Act 2009);

d)        reflect that the guidelines only relate to the administration of Subdivision A of Division 5 of Part XIII.  The Customs Amendment (Strengthening Border Controls) Act 2008 inserted new Subdivision B in Division 5 of Part XIII.  Section 243ZG of Subdivision B provides for the making of separate guidelines in respect of the administration of Subdivision B;

e)        reflect the new exception in section 64AB of the Act for failing to meet cargo reporting requirements (inserted in section 64AB of the Act by the Customs Amendment (Enhanced Border Controls and Other Measures) Act 2009); and

f)          reflect the new mandatory requirement that an infringement notice must state that a person cannot be prosecuted for the alleged offence and will not be regarded as having been convicted of the offence if the person pays the penalty within the required period (inserted in subsection 243Z(1) of the Act by the Customs Amendment (Enhanced Border Controls and other Measures) Act 2009).

Instrument

The instrument “Infringement Notice Guidelines (2010)” approves the Infringement Notice Guidelines (2010) as the new guidelines in respect of the administration of Subdivision A of Division 5 of Part XIII of the Act.  This instrument also revokes the Infringement Notice Guidelines (2006).

Consultation

Consultation on the revised Infringement Notice Scheme Guidelines was conducted with industry groups and members of the Customs and Border Protection National Consultative Committee including the Law Council of Australia, Shipping Australia Limited, the Customs Brokers and Forwarders Council of Australia and the Conference of Asia Pacific Express Carriers.  Information regarding the changes has been advised through the 'Compliance Update' which is posted on Customs and Border Protection's internet site and messaged through the Integrated Cargo System.

Commencement

The instrument commences on the day after it is registered on the Federal Register of Legislative Instruments.