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Approval of place for the examination of international mail No. 1 of 2016

Authoritative Version
Approvals as made
This instrument approves under subsection 183UA(2) of the Act, the place known as “Norfolk Island Delivery Annex, Bicentennial Building, Taylors Rd, Norfolk Island NSW 2899” for the purposes of paragraph (f) of the definition of ‘Customs place’ in subsection 183UA(1) of the Act. The approval of this place allows officers of Customs to exercise their powers to seize any special forfeited goods or impound certain dutiable goods found during the examination of international mail at this location.
Administered by: Home Affairs
Registered 16 Jun 2016
Tabling HistoryDate
Tabled HR30-Aug-2016
Tabled Senate30-Aug-2016

EXPLANATORY STATEMENT

 

Approval of place for the examination of international mail No. 1 of 2016

 

Customs Act 1901 (NI)

 

Background

Division 1 of Part XII of the Customs Act 1901 (NI) (the Act) relates to the powers of officers, including the power to seize special forfeited goods (see section 203B of the Act) or impound dutiable goods (see section 209 of the Act) found at a Customs place. For the purposes of Division 1 of Part XII, subsection 183UA(1) of the Act defines ‘Customs place’ to include, among other places, ‘a place approved in an instrument under subsection (2) as a place for the examination of international mail’ (see paragraph (f) of the definition).

Under subsection 183UA(2) of the Act, for the purposes of paragraph (f) of the definition of Customs place in subsection (1), the Comptroller-General of Customs may, by legislative instrument, approve a place as a place for the examination of international mail.

From 1 July 2016, the Australian Government will integrate Norfolk Island with mainland tax and social security systems, and will commence delivering essential national functions such as immigration, biosecurity and customs.

The Norfolk Island Customs Ordinance 2016, made under section 19A of the Norfolk Island Act 1979, applies a modified version of the Customs Act 1901 and associated regulations to Norfolk Island, except to the extent that they purport to deal with duties of customs. This is consistent with the operation of customs laws in the Indian Ocean Territories of Christmas Island and the Cocos (Keeling) Islands.  Application of the Customs Act 1901 and associated regulations maintains a customs border that is required to give effect to the Australian Government reforms outlined above.  The modified version of the Customs Act 1901 is cited as the Customs Act 1901 (NI).

 

Instrument

“Approval of place for the examination of international mail No. 1 of 2016” (the Instrument), approves under subsection 183UA(2) of the Act, the place known as “Norfolk Island Delivery Annex, Bicentennial Building, Taylors Rd, Norfolk Island NSW 2899” for the purposes of paragraph (f) of the definition of ‘Customs place’ in subsection 183UA(1) of the Act.

The approval of this place allows officers of Customs to exercise their powers to seize any special forfeited goods or impound certain dutiable goods found during the examination of international mail at this location.

Consultation

No consultation was undertaken under section 17 of the Legislation Act 2003 before the Instrument of Approval was made as it is of a minor or machinery nature and does not substantially alter existing arrangements.

 

Commencement

The instrument commences on 1 July 2016.

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights

(Parliamentary Scrutiny) Act 2011

 

Approval of place for the examination of international mail No. 1 of 2016

 

This legislative instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Overview

Division 1 of Part XII of the Customs Act 1901 (NI) (the Act) relates to the powers of officers, including the power to seize special forfeited goods (see section 203B of the Act) or impound dutiable goods (see section 209 of the Act) found at a Customs place. For the purposes of Division 1 of Part XII, subsection 183UA(1) of the Act defines ‘Customs place’ to include, among other places, ‘a place approved in an instrument under subsection (2) as a place for the examination of international mail’ (see paragraph (f) of the definition).

This legislative instrument approves, under subsection 183UA(2) of the Act, the place known as “Norfolk Island Delivery Annex, Bicentennial Building, Taylors Rd, Norfolk Island NSW 2899” for the purposes of paragraph (f) of the definition of ‘Customs place’ in subsection 183UA(1) of the Act.

The approval of this place allows officers of Customs to exercise their powers to seize any special forfeited goods or impound certain dutiable goods found during the examination of international mail at this location.

Human Rights implications

This legislative instrument does not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

 

Comptroller-General of Customs