Customs Administration Act 1985
No. 38, 1985
Compilation No. 25
Compilation date: 1 January 2015
Includes amendments up to: Act No. 121, 2014
Registered: 19 January 2015
About this compilation
This compilation
This is a compilation of the Customs Administration Act 1985 that shows the text of the law as amended and in force on 1 January 2015 (the compilation date).
This compilation was prepared on 2 January 2015.
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw (www.comlaw.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
1 Short title
2 Commencement
3 Interpretation
3A Application of the Criminal Code
3B Authorised officers
3C Determination of consultants, contractors and subcontractors as Customs workers
4 Australian Customs and Border Protection Service
4AA Meaning of Customs
4A Minister may give directions to CEO
4B CEO’s Orders
4C Self‑incrimination—CEO’s Orders relating to the reporting of serious misconduct etc.
5 Appointment of CEO
6 Tenure of office
7 Employment outside official duties
8 Remuneration and allowances
9 Leave of absence
10 Resignation
11 Disclosure of financial interests
12 Suspension and removal from office of CEO
13 Acting CEO
14 Delegation
15 Staff
15A Termination of employment of member of staff for serious misconduct
16 Prohibition of disclosure of certain information
16AA Conduct by directors, employees and agents
16B Authorised officers may require Customs workers to undergo alcohol screening tests etc.
16C Authorised officers may require Customs workers to undergo alcohol screening tests, alcohol breath tests or prohibited drug tests etc.
16D Alcohol screening tests, alcohol breath tests and prohibited drug tests after certain incidents
16E Alcohol screening tests etc.—performing duties on board a Customs vessel
16F Regulations
16G Admissibility of test results etc. in legal proceedings
16H CEO may specify prohibited drugs
18 Regulations
Endnotes
Endnote 1—About the endnotes
Endnote…
Overview
The Customs Administration Act 1985 was enacted to provide for an Australian Customs and Border Protection Service and matters connected therewith. The Act was passed by the Australian Parliament and outlines the establishment, governance, and operational framework for the Australian Customs and Border Protection Service (ACBPS). It addresses the need for a streamlined and efficient customs administration service to manage border control, revenue collection, and trade regulation. The primary policy objective of the Act is to ensure effective and professional management of customs operations, uphold integrity within the service, and facilitate lawful trade and travel while protecting national interests.
Scope and Application
The Customs Administration Act 1985 applies to the Australian Customs and Border Protection Service, including its Chief Executive Officer (CEO), staff, and any consultants, contractors, or subcontractors engaged by the Service. The Act also extends to other persons specified under section 16, such as those employed or engaged by the Commonwealth, a Commonwealth agency, a State or a State agency, and those providing goods or services to the Commonwealth through the Service. The Act applies nationally, being a Commonwealth Act. Certain exclusions and exemptions are provided under the Act, such as the protection of personal information under sections 16(7) to (10). The Act can be extended or restricted through subordinate instruments, such as regulations, which can provide further details on the implementation and enforcement of the Act.
Key Provisions
- The Customs Administration Act 1985 provides a framework for the administration of customs and border protection services in Australia. Section 3B allows the Chief Executive Officer (CEO) of Customs to designate certain consultants, contractors, and subcontractors as Customs workers, thus extending the scope of personnel subject to the Act's provisions. Section 4 formally establishes the Australian Customs and Border Protection Service, under the control of the CEO, who is responsible for overseeing its operations. Section 4B empowers the CEO to issue orders requiring Customs workers to report serious misconduct, corrupt conduct, or criminal activity that affects the Service's operations.
- The Act imposes various obligations on the CEO and Customs workers. For instance, the CEO must comply with written directions from the Minister regarding the general policy of the Service (Section 4A), and must refrain from engaging in paid employment outside the duties of the office without the Minister's approval (Section 7). Customs workers are obligated to comply with CEO's Orders (Section 4B(4)) and may be required to undergo alcohol screening tests or provide body samples for drug tests under certain circumstances (Sections 16B-16E). They are also subject to the Act's confidentiality provisions, prohibiting the unauthorised disclosure of protected information (Section 16).
- Breaches of the Act's provisions can result in significant penalties and consequences. For instance, Section 16 prohibits the unauthorised recording and disclosure of protected information, with a penalty of imprisonment for two years. Furthermore, Section 16AA specifies that in prosecutions for offences under the Act, it is sufficient to prove that the conduct was engaged in by a director, employee, or agent of a body corporate within the scope of their actual or apparent authority. This means that the body corporate can be held liable for the actions of its representatives unless it can demonstrate that it took reasonable precautions and exercised due diligence to avoid such conduct.
- In conclusion, the Customs Administration Act 1985 sets forth a comprehensive legal framework governing the operations of the Australian Customs and Border Protection Service, imposes various obligations on the CEO and Customs workers, and provides for serious penalties for breaches of its provisions. The Act ensures that the Service can effectively carry out its duties while maintaining high standards of integrity and accountability.
- Area of Law
- Administrative Law
- Criminal Law
- Instrument
- Act
- Concepts
- Definitions & Interpretation
- Commencement Provisions
- Repeal & Amendment
- Licensing & Registration
- Enforcement Powers
- Civil Penalty Provisions