EXPLANATORY STATEMENT
Issued by authority of the Comptroller-General of Customs
Customs Act 1901
Comptroller-General of Customs (International Mail Centres) Approval 2026
Legislative Authority
The Customs Act 1901 (Customs Act) concerns customs‑related functions and is the legislative authority that sets out the customs requirements for the importation, and exportation, of goods to and from Australia.
Division 1 of Part XII of the Customs Act relates to the powers of Customs officers, including the power to seize special forfeited goods under section 203B or impound dutiable goods found at a Customs place under section 209 of the Customs Act.
For the purposes of Division 1 of Part XII, subsection 183UA(1) of the Customs 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). Subsection 183UA(2) provides that the Comptroller-General of Customs may, by legislative instrument, approve a place as a place for the examination of international mail.
Background
The Comptroller-General of Customs (International Mail Centres) Approval 2019 (2019 Instrument) approved a number of international mail centres as places for the examination of international mail for the purposes of paragraph (f) of the definition of ‘Customs place’ in subsection 183UA(1) of the Customs Act.
Due to the closure of the Perth international mail centre approved by the 2019 Instrument, and the establishment of a new international mail centre in Brisbane, a new instrument, the Comptroller-General of Customs (Places for the Examination of International Mail) Approval 2026 (the Instrument) is required. The Instrument revokes the 2019 Instrument. It also approves, under subsection 183UA(2) of the Customs Act, the places listed in Schedule 1 as places for the examination of international mail. These places are approved for the purposes of paragraph (f) of the definition of “Customs place” in subsection 183UA(1) of the Customs Act.
Purpose of Instrument
The purpose of the Instrument is to approve, under subsection 183UA(2) of the Customs Act, the places set out in the table in Schedule 1 to the Instrument as places for the examination of international mail. Approval of the specified international mail centres under subsection 183UA(2) allows officers of Customs to exercise powers under the Customs Act when examining mail. These powers include seizing any special forfeited goods or impounding certain dutiable goods found during the examination of international mail.
Consultation
No consultation was undertaken under section 17 of the Legislation Act 2003 before this instrument was made as it is of a machinery nature and involves minor technical updates to the list of specified places and addresses for the purposes of examination of international mail. The Department of Home Affairs will inform the relevant stakeholders of the updated list of specified places and addresses.
Details and operation
An instrument of approval made by the Comptroller-General of Customs under subsection 183UA(2) of the Customs Act is a legislative instrument for the purposes of the Legislation Act 2003 (Legislation Act).
The Instrument commences on 13 April 2026.
Details of the Instrument are set out in Attachment A.
Under section 42 of the Legislation Act, the instrument is subject to disallowance and a Statement of Compatibility with Human Rights has been prepared at Attachment B.
ATTACHMENT A
Details of the Comptroller-General of Customs (International Mail Centres) Approval 2026
Section 1 Name
This section provides that the name of the instrument is the Comptroller-General of Customs (International Mail Centres) Approval 2026 (the Instrument).
Section 2 Commencement
This section provides that the Instrument commences on 13 April 2026.
Section 3 Authority
This section sets out the authority under which the instrument is made, which is subsection 183UA(2) of the Customs Act 1901 (Customs Act).
Section 4 Definitions
This section provides for the definitions of certain terms used throughout the Instrument. The note to section 4 clarifies that the Instrument uses the definition of “Customs place” in subsection 183UA(1) of the Customs Act.
The term Act is defined to mean the Customs Act 1901.
Section 5 Schedules
This section is the enabling provision for the Schedules to the Instrument. It provides that, among other things, each instrument that is specified in a Schedule to the instrument is repealed as set out in the applicable item, or any other item in a Schedule to this instrument has effect according to its terms.
Section 6 Approval
This section is the enabling provision for Schedule 1 to the Instrument. It provides that the places listed in column 1 of an item in the table in Schedule 1 that are located at the addresses specified in column 2 of the table are approved as places at which the examination of international mail may be undertaken.
An officer may examine international mail at a Customs place approved for that purpose in order to perform functions and exercise powers in relation to goods imported into Australia through the postal service. “Officer” is defined in section 4 of the Customs Act as an officer of Customs, which in turn is defined in section 4 as, among other things, an Australian Public Service employee in the Department.
Schedule 1—International Mail Centres
Schedule 1 to the Instrument sets out in a table the places that are approved as places for the examination of international mail for the purposes of paragraph (f) of the definition of Customs place in subsection 183UA(1) of the Customs Act.
Section 5 of the Instrument enables Schedule 1 for this task.
Schedule 2—Repeals
Schedule 2 to the Instrument lists the instruments that are repealed by the Instrument. The only instrument repealed by Schedule 2 is the Comptroller-General of Customs (International Mail Centres) Approval 2019. Section 6 of the Instrument enables Schedule 2 for this task.
ATTACHMENT B
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 2026
This Disallowable Legislative 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 of the Disallowable Legislative Instrument
Division 1 of Part XII of the Customs Act 1901 (the Customs Act) relates to the powers of Customs officers, including the power to seize special forfeited goods under section 203B or to impound dutiable goods found at a Customs place under section 209 of the Customs Act. For the purposes of Division 1 of Part XII, subsection 183UA(1) of the Customs 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 purpose of the Comptroller-General of Customs (International Mail Centres) Approval 2026
(the Instrument) is to approve, under subsection 183UA(2) of the Customs Act, the places set out in the table in Schedule 1 to the Instrument as places for the examination of international mail. Approval of the specified international mail centres under subsection 183UA(2) allows officers of Customs to exercise powers under the Customs Act when examining mail. The powers include seizing any special forfeited goods or impounding certain dutiable goods found during the examination of international mail.
This Instrument revokes the Comptroller-General of Customs (International Mail Centres) Approval 2019 signed on 18 September 2019.
Human rights implications
This Instrument does not engage any of the applicable rights or freedoms, as it simply approves places under this Instrument as places for the examination of international mail.
Conclusion
This Disallowable Legislative Instrument is compatible with human rights as it does not raise any human rights issues.