Comptroller-General of Customs Instrument of Approval No. 1 of 2015

Administered by Department of Home Affairs

Legislation au F2015L01174 Not in force Legislative Instrument

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EXPLANATORY STATEMENT

 

Comptroller-General of Customs Instrument of Approval No. 1 of 2015

 

Customs Act 1901

 

 

Background

New Part XA of the Customs Act 1901 (the Act) establishes the regulatory framework for the Australian Trusted Trader Programme (Programme).  A pilot phase of the Programme commenced on 1 July 2015 and is intended to test and refine processes with a limited number of participants for a period of 12 months.  From 1 July 2016, it is intended that the Programme will be fully operational and open to all participants in the international supply chain.

The Programme introduces a differentiated trust-based framework to streamline border clearance processes for entities that meet or exceed international supply chain security and trade compliance standards.  This is consistent with the World Customs Organization Standards to Secure and Facilitate Global Trade (WCO SAFE Framework) which promotes:

  • supply chain security and trade facilitation at a global level to allow certainty and predictability of trade moving across international borders; and
  • standards that enable a harmonised and integrated approach to supply chain management for all participants in the international supply chain.

Participation in the Programme is voluntary and will allow entities such as importers, exporters, customs brokers, freight forwarders and transport companies to nominate themselves to participate in the Programme and become an Australian Trusted Trader. 

The regulatory framework for the Programme consists of three elements:

  1. The Act – which establishes the Programme and provides the necessary heads of power to implement key principles of the Programme;
  2. Rules – a legislative instrument which will set out details for and in relation to the operation of the Programme (including, amongst other things, qualification criteria, conditions of participation and benefits that may be made available to an entity); and
  3. Agreements – which will set out further detail of the benefits that the entity qualifies for, detail how certain benefits will apply to that entity and any terms and conditions specific to that entity’s participation in the Programme.

Pursuant to section 176A of the Act, the Comptroller-General of Customs (C-G) may enter into a trusted trader agreement with an entity if:

(a)   the entity nominates itself to participate in the Programme; and

(b)   the C-G considers that it is reasonably likely that the entity will satisfy the qualification criteria set out in the rules.

In accordance with section 176B of the Act, a nomination to participate in the Programme may be made by an entity by document or electronically.  Subsection 176B(3) provides that an electronic nomination must communicate such information as is set out in an approved statement.  In accordance with subsection 4A(1A) of the Act, an approved statement is a statement that is approved, by instrument in writing, by the C-G.

 

Instrument

Comptroller-General of Customs Instrument of Approval No. 1 of 2015 approves the “SELF-ASSESSMENT QUESTIONNAIRE” as an approved statement for the purposes of communicating to the C-G an electronic nomination under subsection 176B(3) of the Act to participate in the Programme.

The instrument requires information relating to the entity’s business structure and operations, international supply chain activities, control environment, trade compliance record, financial viability, records management, information and communication technology environment, security standards relating to the handling, movement and storage of goods and measures relating to personnel security.

This will be assessed by the C-G to consider whether it is reasonably likely that the entity will satisfy the qualification criteria set out in the rules.

 

Consultation

Members of the Trusted Trader Industry Advisory Group (IAG) have been consulted on the development of the Self-Assessment Questionnaire.  The IAG consists of importers, exporters, service providers and industry sector representatives.  The IAG also consists of representatives from the Australian Trade Commission, Department of Agriculture, Department of Foreign Affairs and Trade, Department of Industry and Department of Infrastructure and Regional Development (Office of Transport Security).  Entities who will be participating in the first stage of the pilot Programme have also been consulted on the Self-Assessment Questionnaire.

Assistance will be provided to an entity to complete the Self-Assessment Questionnaire to ensure the entity provides information relevant to the entity’s business role that is necessary to consider whether it is reasonably likely that the entity will satisfy the qualification criteria set out in the rules.  The kind of information required will depend on the entity’s business role. For example, a freight forwarder that never accepts physical possession of goods will not be required to provide information relating to cargo security.  Explanatory notes will be available to an entity to ensure that all necessary and relevant information is provided.  Key stakeholders have supported this approach. 

Consultation with  key stakeholders has indicated general support for the scope and nature of the information required by the Self-Assessment Questionnaire.  Some key stakeholders have expressed a concern that some of the information required may present a significant burden to certain entities.  For example, the information relating to personnel could be particularly burdensome for large multinational corporations.  In addition, it has been noted that some of the information that is requested on the Self-Assessment Questionnaire may be information that is already available to the Comptroller-General of Customs. 

This will be tested during the pilot phase and further work will be undertaken to analyse how information requirements for the purposes of the Programme may be reduced (for example, by recognising information that has been provided for other purposes).  This instrument will be reviewed on completion of that analysis.

 

Commencement

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

Statement of Compatibility with Human Rights

 

Prepared in accordance with Part 3 of the Human Rights

(Parliamentary Scrutiny) Act 2011

 

Comptroller-General of Customs Instrument of Approval No. 1 of 2015

 

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

 

This instrument approves the “SELF-ASSESSMENT QUESTIONNAIRE” as an approved statement for the purposes of communicating to the Comptroller-General of Customs an electronic nomination under subsection 176B(3) of the Act to participate in the Australian Trusted Trader Programme (the Programme).

 

Human Rights implications

 

Right to Privacy

The nomination to participate in the Programme engages the right to privacy contained in Article 17 of the International Covenant on Civil and Political Rights (ICCPR).

Article 17 of the ICCPR prohibits unlawful or arbitrary interferences with a person’s privacy.  It also prohibits unlawful attacks on a person’s honour or reputation.  It provides that persons have the right to protection of the law against such interference or attacks.  An interference with privacy will not be arbitrary if it is authorised by law or consistent with the provisions, aims and objectives of the ICCPR and reasonable in the circumstances.  Reasonableness, in this context, incorporates notions of proportionality, appropriateness and necessity.  In essence, this will require that limitations: 

-          serve a legitimate objective

-          adopt a means that is rationally connected to that objective, and

-          the means adopted are not more restrictive than they need to be to achieve that objective.

Information provided by an entity in the Self-Assessment Questionnaire will be assessed by the Comptroller-General of Customs to consider whether it is reasonably likely that the entity will satisfy the qualification criteria set out in the rules.  If so, then the Comptroller-General of Customs may enter into a trusted trader agreement with the entity. 

This instrument engages the right to privacy contained in Article 17 of the ICCPR because it requires the collection, use and disclosure of personal and commercial information.   For example, an entity may need to disclose personal information such as personnel records to demonstrate who has access to the goods, or commercial in confidence information such as financial records to demonstrate the entity’s financial viability.  If relevant, the information provided by the entity in the Self-Assessment Questionnaire may need to be disclosed to other government agencies for the purposes of assessing the risk associated with the entity being an interim or ongoing trusted trader. 

This is necessary as the basis of the Programme is for an entity to demonstrate how they meet specified supply chain security and trade compliance standards in their activities in the international supply chain. 

Participation in the Programme is voluntary and in all circumstances, the collection, use and disclosure of information provided in an entity’s nomination will be done in accordance with the Privacy Act 1988 and the Australian Privacy Principles. 

To the extent that an entity’s right to privacy is affected by this instrument, the impact is not arbitrary.  The information to be communicated in a nomination to participate in the Programme as set out in this instrument is reasonable, necessary and proportionate to achieving the legitimate aim of the Programme and will ensure proper governance of the Programme.

 

Conclusion

This legislative instrument is compatible with human rights as, although it engages the right to privacy, it maintains all existing protections contained in Australian law and does not seek to limit this right in any way. 

 

Comptroller-General of Customs

 

Overview

The Comptroller-General of Customs Instrument of Approval No. 1 of 2015 is a legislative instrument that approves the "Self-Assessment Questionnaire" as an approved statement for entities seeking to participate in the Australian Trusted Trader Programme (Programme) under the Customs Act 1901. The Programme aims to streamline border clearance processes for entities that meet high standards of supply chain security and trade compliance, in alignment with the World Customs Organization's SAFE Framework. Participation in the Programme is voluntary, and the instrument facilitates the submission of nominations through the Self-Assessment Questionnaire, which gathers information about the entity’s business, operations, and compliance measures. This information is crucial for the Comptroller-General of Customs to assess whether the entity is likely to meet the qualification criteria. The instrument ensures that the collection, use, and disclosure of personal and commercial information comply with the Privacy Act 1988 and the Australian Privacy Principles, ensuring that the right to privacy is not arbitrarily infringed. Consultation with industry stakeholders, including representatives from various government departments and entities participating in the pilot phase, has indicated general support for the scope of the information required. While some stakeholders noted potential burdens, particularly for larger entities, the instrument aims to balance the need for comprehensive assessments with practical considerations. The instrument will be reviewed based on feedback and analysis from the pilot phase to refine information requirements further. This approach seeks to ensure the Programme's objectives are met without imposing undue burdens on participants.

Scope and Application

The Customs Act 1901 applies to any entity that wishes to participate in the Australian Trusted Trader Programme, including importers, exporters, customs brokers, freight forwarders, and transport companies. The scope of the Act extends to any entity that seeks to become an Australian Trusted Trader by nominating themselves to participate in the Programme and providing relevant information as outlined in the approved Self-Assessment Questionnaire. The Act operates on a national level and is applicable throughout Australia. The Programme is voluntary, and its operation is subject to the approval of the Comptroller-General of Customs, who assesses the suitability of entities to participate in the Programme based on the information provided. The instrument allows for the collection, use, and disclosure of personal and commercial information, subject to compliance with the Privacy Act 1988 and the Australian Privacy Principles. The Act does not specify any exclusions or exemptions but allows for the Programme to be refined and modified through subordinate rules and agreements. The Act is compatible with human rights, including the right to privacy, as it maintains existing protections in Australian law and does not limit this right in any way.

Key Provisions

The Comptroller-General of Customs Instrument of Approval No. 1 of 2015 introduces the Self-Assessment Questionnaire as an approved statement for entities wishing to participate in the Australian Trusted Trader Programme. Section 176A of the Customs Act 1901 allows the Comptroller-General of Customs to enter into a trusted trader agreement with an entity that nominates itself to participate in the Programme, provided it is reasonably likely that the entity will meet the qualification criteria. Section 176B stipulates that nominations can be made either in writing or electronically, with the latter requiring the use of an approved statement. This instrument designates the Self-Assessment Questionnaire as such a statement, which must include specific information about the entity’s operations, compliance records, and security measures. The obligations imposed by this instrument on participating entities include providing comprehensive and accurate information through the Self-Assessment Questionnaire. This includes details about their business structure, international activities, trade compliance, and security standards. Entities must ensure that the information they provide is relevant to their business role and is sufficient for the Comptroller-General of Customs to assess their suitability for the Programme. Furthermore, entities must adhere to the privacy principles set out in the Privacy Act 1988 when submitting their information, ensuring that personal and commercial data are handled appropriately. Breach of these obligations could lead to non-acceptance into the Programme, as the Comptroller-General of Customs may find the entity unsuitable based on incomplete or inaccurate information. While the instrument does not explicitly state penalties for non-compliance, failure to meet the requirements could result in the entity being unable to participate in the Programme, which may have indirect financial or operational consequences. The instrument emphasizes that all interactions and data handling are to be conducted in accordance with existing privacy laws to protect the entity’s rights and the integrity of the Programme.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.