EXPLANATORY STATEMENT

Comptroller of the Indian Ocean Territories Customs Service Instrument of Approval No. 1 of 2015

Customs Act 1901 (C.I)

Background

Division 1 of Part XII of the Customs Act 1901 (C.I) (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).

Under subsection 183UA(2) of the Act, for the purposes of paragraph (f) of the definition of Customs place in subsection (1), the Comptroller of the Indian Ocean Territories Customs Service may, by legislative instrument, approve a place as a place for the examination of international mail.

In 2001, responsibility for the administration of the Customs in the Territories of Christmas Island and Cocos (Keeling) Islands (the Territories) was transferred to the Australian Customs and Border Protection Service (ACBPS).  Customs Ordinances made under the Christmas Island Act 1958 and Cocos (Keeling) Islands Act 1955 establish the Indian Ocean Territories Customs Services (the IOTCS) in relation to each of the Territories. 

The Customs Ordinances also apply the Customs Act 1901 (the Customs Act) in the Territories as if that Act were a law of the Territories, except to the extent that it purports to deal with duties of customs.  In its application in the Territories, the Customs Act is modified in accordance with the Ordinances and is cited as the Customs Act 1901 (C.I) and the Customs Act 1901 (C.K.I) (the applied Customs Acts). 

The IOTCS consists of the Comptroller and customs officers.  In 2001, the then Minister for Justice and Customs appointed the Chief Executive Officer of Customs (the CEO) to be the Comptroller of the IOTCS. 

The statutory agency of the ACBPS and the office of the CEO were abolished on 1 July 2015 and the administration of the Customs in the Territories was transferred to the integrated Department of Immigration and Border Protection. The Minister for Immigration and Border Protection appointed the Comptroller-General of Customs (a new statutory position) to be the Comptroller of the IOTCS. Since this appointment, the Comptroller of the IOTCS has appointed persons to be customs officers and has also made directions and instruments of delegation.

Instrument

Comptroller of the Indian Ocean Territories Customs Service Instrument of Approval No. 1 of 2015 (the Instrument), approves under subsection 183UA(2) of the Act, the place known as ‘Christmas Island Post Office, Canberra Place, CHRISTMAS ISLAND WA 6798’ for the purposes of paragraph (f) of the definition of ‘Customs place’ in subsection 183UA(1) of the Act.

‘INSTRUMENT OF APPROVAL NO. 1 OF 2004’ dated 7 January 2004, made by the previous Comptroller of the IOTCS, approved the ‘Christmas Island Post Office’ as a place for the examination of international mail.

Due to the abolition of the ACBPS and the office of the CEO on 1 July 2015,‘INSTRUMENT OF APPROVAL NO. 1 OF 2004’ dated 7 January 2004 ceased to exist. As such, the purpose of the Instrument is to restore the ‘Christmas Island Post Office’ as a place approved for the examination of international mail.

The approval of this place 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.

Consultation

No consultation was undertaken under section 17 of the Legislative Instruments Act 2003 before the Instrument of Approval was made as it is of a minor or machinery nature and does not substantially alter existing arrangements.

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 of the Indian Ocean Territories Customs Service 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

Division 1 of Part XII of the Customs Act 1901 (C.I) (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).

This instrument approves under subsection 183UA(2) of the Customs Act 1901 (C.I) (the Act) the place known as ‘Christmas Island Post Office, Canberra Place, CHRISTMAS ISLAND WA 6798’ for the purposes of paragraph (f) of the definition of ‘Customs place’ in subsection 183UA(1) of the Act.

The approval of this place 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 at ‘Christmas Island Post Office’.

Human Rights implications

This legislative instrument does not engage, impact on or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.

Conclusion

This legislative instrument is compatible with human rights as it does not raise any human rights issues.

Comptroller of the Indian Ocean Territories Customs Service