Customs (Obligations on Cargo Terminal Operators) Instrument 2023 (Cth)

LIN23/041

Customs (Obligations on Cargo Terminal Operators) Instrument 2023

I, Michael Outram APM, Comptroller-General of Customs, make the following Instrument.

Dated   12 May 2023                          

[signed]

Michael Outram APM

Comptroller-General of Customs

Contents

Part 1—Preliminary  1

1  Name........................................................................................................................................ 1

2  Commencement........................................................................................................................ 1

3  Authority.................................................................................................................................. 1

4  Definitions................................................................................................................................ 1

Part 2—Obligations with respect to closed-circuit television systems                  2

5  Purpose of this Part.................................................................................................................. 2

6  Installation of closed-circuit television systems........................................................................ 2

7  Operation, maintenance and removal of closed-circuit television systems................................ 2

Part 1—Preliminary

1  Name

This instrument is the Customs (Obligations on Cargo Terminal Operators) Instrument 2023.

2  Commencement

(1)  Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provisions	Commencement	Date/Details
1. The whole of this instrument.	The day after this instrument is registered.

Note:          This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.

(2)  Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.

3  Authority

This instrument is made under section 102CJ of the Customs Act 1901.

4  Definitions

Note: A number of expressions used in this instrument are defined in sections 4 and 102B of the Act, including the following:

(a)    cargo terminal;

(b)    cargo terminal operator;

(c)    officer of Customs.

In this instrument:

Act means the Customs Act 1901.

closed‑circuit television includes wholly or partially wireless closed‑circuit television.

closed‑circuit television system includes:

(a)  the equipment of the closed‑circuit television system; and

(b)  any equipment, materials, utilities or infrastructure required in order to enable the closed-circuit television system to be operated or maintained.

relevant person means:

(a)  an officer of Customs; or

(b)  a person acting on behalf of the Department; or

(c)  a person providing services in relation to the installation, operation, maintenance or removal of a closed‑circuit television system operated, or to be operated, by or on behalf of the Department; or

(d)  an officer or employee of a person mentioned in paragraph (b) or (c).

Part 2—Obligations with respect to closed-circuit television systems

5  Purpose of this Part

This Part imposes obligations on cargo terminal operators with respect to closed‑circuit television systems.

6  Installation of closed-circuit television systems

(1)  A cargo terminal operator must, on request by an officer of Customs, provide relevant persons with access to a cargo terminal for the installation of a closed-circuit television system to be operated by or on behalf of the Department.

(2)  Without limiting subsection (1), access must be provided to enable relevant persons:

(a)  to conduct preparatory work before the installation of the closed-circuit television system, including any work to determine whether and where to install the system or any part of the system;

(b)  to make any necessary modifications to the premises to enable the installation of the closed-circuit television system;

(c)  to install the closed-circuit television system;

(d)  to connect to and use the power supply and other utilities necessary for the installation of the closed-circuit television system.

(3)  Without limiting subsection (1), access must be provided to:

(a)  poles;

(b)  pit and pipe;

(c)  suitable rooms to install closed-circuit television racks and servers;

(d)  any other existing infrastructure necessary for the installation of the closed-circuit television system.

(4)  A cargo terminal operator must ensure that all reasonable facilities and assistance is given to relevant persons to enable the installation of the closed-circuit television system.

(5)  A request referred to in subsection (1) may relate to particular relevant persons or to a class or classes of relevant persons.

7  Operation, maintenance and removal of closed-circuit television systems

(1)  A cargo terminal operator must, on request by an officer of Customs, provide relevant persons with ongoing access to a cargo terminal for the operation, maintenance or removal of a closed-circuit television system.

(2)  Without limiting subsection (1), access must be provided to enable relevant persons:

(a)  to conduct assessments of infrastructure as necessary after installation to ensure the closed-circuit television system is able to perform its function;

(b)  to connect to and use the power supply and other utilities necessary for the operation, maintenance or removal of the closed-circuit television system;

(3)  A cargo terminal operator must provide all reasonable facilities and assistance to relevant persons to enable the operation, maintenance or removal of the closed-circuit television system.

(4)  A request referred to in subsection (1) may relate to particular relevant persons or to a class or classes of relevant persons.