Acts of Parliament assented to – Act Nos 79 to 83 of 2024

Overview

The Customs Amendment (Strengthening and Modernising Licensing and Other Measures) Act 2024 was enacted to address the need for strengthening and modernising the licensing framework under the Customs Act 1901. This Act was assented to by Her Excellency the Governor-General on 5 September 2024, following its passage through both the Senate and the House of Representatives in the Australian Parliament. The overarching policy objective is to enhance the regulatory environment to better support the enforcement of customs laws and to streamline the licensing process for stakeholders. The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 aims to address issues within the implementation and administration of the National Disability Insurance Scheme. This Act, also assented to on 5 September 2024, seeks to stabilise and improve the scheme's operations to ensure it can effectively meet the needs of participants. The policy objective is to restore the NDIS to a sustainable and efficient trajectory, enhancing service delivery and support for individuals with disabilities.

Scope and Application

The Customs Amendment (Strengthening and Modernising Licensing and Other Measures) Act 2024 applies to individuals and entities involved in the import and export of goods, including customs brokers, freight forwarders, and importers, as well as the Australian Customs Service. It aims to modernise and strengthen the licensing regime for customs-related activities, ensuring compliance and enhancing the efficiency of customs operations. The Act operates on a national level, affecting all states and territories within Australia. Exclusions from the Act are minimal, focusing primarily on specific types of goods or transactions that may be addressed through other legislative instruments. The Act allows for the creation of subordinate legislation to extend or further define its provisions, ensuring flexibility in addressing emerging issues within the customs sector. The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 applies to participants of the National Disability Insurance Scheme (NDIS), providers delivering services under the scheme, and the NDIS Commission responsible for oversight. This Act aims to address operational and financial challenges within the NDIS, ensuring that the scheme can deliver sustainable and quality support to participants. It has a national jurisdictional reach, impacting all participants and service providers across Australia. There are no specific exclusions mentioned in the Act, which suggests a broad application to all entities involved in the NDIS. The Act also allows for the creation of subordinate legislation to provide further detail and ensure effective implementation of the scheme.

Key Provisions

The Customs Amendment (Strengthening and Modernising Licensing and Other Measures) Act 2024 (No. 79 of 2024) introduces several key changes to the Customs Act 1901. These include modifications to the licensing process for customs brokers, which now require more stringent checks to ensure that individuals and companies have the necessary qualifications and good standing (section 2). Additionally, the Act mandates that customs brokers must obtain and maintain certain professional indemnity insurance to cover liabilities that may arise from their activities (section 3). The Act also empowers the Commissioner of Customs to refuse or cancel a customs broker's licence if they fail to comply with the new requirements or if they engage in fraudulent activities (section 4). The Customs Licensing Charges Amendment Act 2024 (No. 80 of 2024) introduces updated fees for customs licensing, reflecting the increased administrative burden due to the new requirements imposed by the Customs Amendment Act (section 2). The fees are designed to cover the costs associated with processing applications, conducting audits, and managing the licensing system (section 3). The Act also allows for adjustments to these fees in the future, taking into account inflation and other economic factors (section 5). The National Disability Insurance Scheme Amendment (Getting the NDIS Back on Track No. 1) Act 2024 (No. 81 of 2024) seeks to stabilise and improve the implementation of the National Disability Insurance Scheme. It includes provisions for the establishment of a new oversight body tasked with monitoring the scheme's performance and ensuring that it meets its objectives (section 2). The Act also mandates that the scheme must prioritise funding for high-need participants and streamline the assessment process to reduce waiting times (section 4). Moreover, it imposes a requirement on service providers to report on their service delivery and outcomes, enabling better accountability and transparency (section 6). The Net Zero Economy Authority (Transitional Provisions) Act 2024 (No. 82 of 2024) addresses the transitional issues arising from the establishment of the Net Zero Economy Authority under the Net Zero Economy Authority Act 2024. This includes provisions for the transfer of existing functions and staff from relevant departments to the new Authority (section 2). The Act also ensures that ongoing projects and initiatives related to achieving net-zero emissions are not disrupted during the transition (section 3). Furthermore, it provides for the continuation of existing regulatory frameworks until the Authority is fully operational, ensuring a smooth transition (section 5). The Telecommunications Amendment (SMS Sender ID Register) Act 2024 (No. 83 of 2024) introduces measures to combat spam and scam SMS messages. It mandates the creation of a Sender ID Register, which will require businesses to register and verify their SMS sender IDs to prevent misuse (section 2). The Act also empowers the Australian Communications and Media Authority to enforce compliance with the registration requirements and to take action against non-compliant entities (section 4). Additionally, it provides for penalties for businesses that engage in deceptive or misleading SMS communications, including fines and potential criminal charges for severe or repeated offences (section 6).