EXPLANATORY STATEMENT
Issued by the authority of the Comptroller-General of Customs
Customs Act 1901
Comptroller-General of Customs (International Mail Centres) Approval 2019
Background
Division 1 of Part XII of the Customs Act 1901 (the Act) relates to the powers of Customs 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).
An instrument of approval under subsection 183UA(2) of the Act is a legislative instrument for the purposes of the Legislation Act 2003 (the Legislation Act).
Purpose of Instrument
Comptroller-General of Customs (International Mail Centres) Approval 2019 (the Instrument) replaces “CEO Instrument of Approval No. 1 of 2009”, signed on 22 July 2009, which is due to sunset on 1 October 2019.
The Instrument, under subsection 183UA(2) of the Act, approves places set out in the Schedule to the instrument as places for the examination of international mail. The approval of the specified international mail centres under subsection 183UA(2) of the Act allows officers of Customs to exercise their powers to seize any special forfeited goods or impound certain dutiable goods found during their examination of international mail.
The places in the Instrument are the same places as in CEO Instrument of Approval No. 1 of 2009.
Consultation
No consultation was undertaken under section 17 of the Legislation Act 2003 before this instrument was made as it is of a minor or machinery nature and does not alter existing arrangements.
Commencement
The Instrument commences on 1 October 2019.
Under section 42 of the Legislation Act, the instrument is subject to disallowance and a Statement of Compatibility with Human Rights has been prepared and is at Attachment A.
ATTACHMENT A
Statement of Compatibility with Human Rights
(Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011)
Comptroller-General of Customs (International Mail Centres) Approval 2019
This Instrument is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview
This Instrument remakes and updates CEO Instrument of Approval No. 1 of 2009 signed on 22 July 2009, which is due to sunset on 1 October 2019.
Division 1 of Part XII of the Customs Act 1901 (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).
The Instrument, under subsection 183UA(2) of the Act, approves places set out in the Schedule to the instrument as places for the examination of international mail. The approval of the specified international mail centres under subsection 183UA(2) of the Act allows officers of Customs to exercise their powers to seize any special forfeited goods or impound certain dutiable goods found during their examination of international mail
The approval of these international mail gateway facilities as Customs places allows customs officers to exercise their powers to seize any special forfeited goods or impound certain dutiable goods found during the examination of international mail.
Human rights implications
This Instrument does not engage any of the applicable rights or freedoms, as it simply approves a place under this Instrument as a place for the examination of international mail.
Conclusion
This Instrument is compatible with human rights and freedoms recognised or declared in the instruments listed in the definition of human rights in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.