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.
Overview
The Comptroller-General of Customs (International Mail Centres) Approval 2019 was enacted to provide a legislative basis for the approval of certain places as Customs places for the examination of international mail under the Customs Act 1901. This instrument updates the previous CEO Instrument of Approval No. 1 of 2009, which was due to expire on 1 October 2019. The purpose of this instrument is to ensure the continued ability of Customs officers to seize special forfeited goods or impound dutiable goods at these approved international mail centres. The Comptroller-General of Customs (International Mail Centres) Approval 2019 was developed by the Comptroller-General of Customs and is subject to disallowance. It is compatible with human rights and freedoms as recognised in the Human Rights (Parliamentary Scrutiny) Act 2011, and it does not alter existing arrangements, as no consultation was undertaken due to its minor nature.
Scope and Application
The Comptroller-General of Customs (International Mail Centres) Approval 2019 serves to update and replace CEO Instrument of Approval No. 1 of 2009, which was due to sunset on 1 October 2019. This legislative instrument functions under subsection 183UA(2) of the Customs Act 1901, approving specific locations listed in its Schedule as places for the examination of international mail. This approval empowers Customs officers to seize special forfeited goods and impound dutiable goods that are identified during the examination of international mail at these approved sites. The instrument is designed to maintain the existing arrangement for international mail examination without altering the fundamental procedures or the locations involved, thereby ensuring continuity in customs operations. The Instrument does not require consultation as it is of a minor or machinery nature and does not affect existing arrangements, coming into effect on 1 October 2019. It is subject to disallowance under section 42 of the Legislation Act, and a Statement of Compatibility with Human Rights has been prepared, confirming the instrument's compliance with human rights as recognised in the Human Rights (Parliamentary Scrutiny) Act 2011.
Key Provisions
The Comptroller-General of Customs (International Mail Centres) Approval 2019 (the Instrument) serves to approve specific locations as Customs places for the examination of international mail. As per subsection 183UA(2) of the Customs Act 1901, these locations are listed in the Schedule to the instrument. This approval allows Customs officers to exercise their powers under the Act to seize any special forfeited goods (section 203B) or impound dutiable goods (section 209) found during the examination of international mail at these approved places. The Instrument replaces the previous CEO Instrument of Approval No. 1 of 2009, which was due to sunset on 1 October 2019, and maintains the same locations approved for examination of international mail.
The obligations imposed by the Instrument on the parties or entities it governs are primarily procedural. The Instrument ensures that the designated international mail centres are officially recognised as Customs places, thereby permitting Customs officers to conduct examinations and take appropriate action if special forfeited goods or dutiable goods are discovered. This legal framework mandates that these centres comply with the standards and procedures established by the Customs Act 1901, ensuring that they facilitate the seamless operation of international mail examination processes.
In terms of enforcement and consequences, the Instrument does not introduce new offences or penalties but rather relies on the existing provisions of the Customs Act 1901. Any breach of the Act's provisions, such as failing to comply with the powers of seizure or impounding at approved Customs places, could result in enforcement actions under the Act. For instance, failure to comply with seizure or impounding procedures could lead to civil or criminal penalties as prescribed by the Act. The maximum penalties for breaches of the Customs Act can vary significantly depending on the nature and severity of the offence, ranging from fines to imprisonment.
Given the nature of the Instrument, it is subject to disallowance as per section 42 of the Legislation Act 2003. Additionally, a Statement of Compatibility with Human Rights has been prepared and is included as Attachment A, confirming that the Instrument is compatible with human rights and freedoms recognised in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. This compatibility statement ensures that the Instrument does not infringe upon any applicable rights or freedoms, thereby maintaining alignment with human rights standards.