Customs Administration Amendment Regulations 2001 (No. 1) 2001 No. 24
EXPLANATORY STATEMENT
STATUTORY RULES 2001 No. 24
Issued by the Authority of the Minister for Justice and Customs
Customs Administration Act 1985
Customs Administration Amendment Regulations 2001 (No. 1)
Section 18 of the Customs Administration Act 1985 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
Section 16 of the Act concerns the recording and disclosure of protected information by authorised persons. In particular, subsection 16(10) of the Act provides that:
(10) This subsection is complied with in relation to a disclosure of a class of information pursuant to an authorisation under subsection (3A), (3B), (3C), or (3D) as referred to in subsection (7) if.
(a) the disclosure is made to a Commonwealth agency, State agency, a foreign country, an instrumentality or agency of a foreign country or an international organisation, that is specified in the regulations; and
(b) the class of information specified by the CEO [the Chief Executive Officer of the Australian Customs Service] in the authorisation is specified in the regulations as a class of information that may be disclosed to the agency, country, instrumentality or organisation concerned.
For example, the CEO may authorise the disclosure of documents and information about commercial transactions, including the importation or exportation of goods to and from Australia (being a class of information), to the Department of Industry, Science and Resources, for the purpose of facilitating that Department's administration of the Tariff Concession system.
The Customs Administration Regulations 2000 (the CA Regulations) prescribe a number of Commonwealth agencies, State agencies, instrumentalities or agencies of foreign countries, and international organisations (entities) for the purposes of subsection 16(10) of the Act, along with specific classes of information relating to each entity.
The Regulations amend the title to a prescribed entity to which the CEO may authorise the disclosure of classes of information that includes personal information, to extend the prescribed classes of information in relation to that entity, and to prescribe additional classes of information in relation to one other entity that has already been prescribed.
Item number 1 of Schedule 1 to the Regulations substitutes the correct title for a prescribed entity, Canada Customs and Revenue Agency, which was previously incorrectly identified.
Items number 1 and 2 of Schedule 1 to the Regulations prescribe new classes of information in relation to two entities, Canada Customs and Revenue Agency and Carribean Customs Law Enforcement Council, that have previously been prescribed. This will enable the CEO to authorise the disclosure of the new classes of information to those entities.
The regulations commenced on the day of gazettal.
Overview
The Customs Administration Amendment Regulations 2001 (No. 1) were enacted to amend the Customs Administration Regulations 2000, under the authority of the Minister for Justice and Customs. This amendment was made pursuant to section 18 of the Customs Administration Act 1985, which empowers the Governor-General to make regulations for the purposes of the Act. The primary objective of these regulations is to correct and update the list of entities to which authorised persons can disclose certain classes of information, including personal information, ensuring alignment with current entities' titles and operational scopes. This amendment specifically rectifies the title of an entity, Canada Customs and Revenue Agency, and extends the types of information that can be disclosed to two entities, namely Canada Customs and Revenue Agency and Carribean Customs Law Enforcement Council, thereby facilitating more precise and effective information sharing in line with the Act's policy objectives.
Scope and Application
The Customs Administration Amendment Regulations 2001 (No. 1) amends the Customs Administration Regulations 2000 in relation to the disclosure of protected information by authorised persons under the Customs Administration Act 1985. This Act applies to the recording and disclosure of protected information by authorised persons involved in the customs administration of Australia. The amendment extends to Commonwealth agencies, State agencies, instrumentalities or agencies of foreign countries, and international organisations that are prescribed in the regulations. The Regulations correct a typographical error in the title of a previously prescribed entity, the Canada Customs and Revenue Agency, and also extend the prescribed classes of information that can be disclosed to this entity and to the Caribbean Customs Law Enforcement Council. The Regulations came into effect on the day of gazettal and do not include any exclusions, exemptions, or thresholds beyond those already established in the Act and the Customs Administration Regulations 2000. The authority to make these regulations is derived from section 18 of the Customs Administration Act 1985, which allows the Governor-General to make regulations for the purposes of the Act.
Key Provisions
The Customs Administration Amendment Regulations 2001 (No. 1) primarily amend the Customs Administration Regulations 2000 to update the entities and classes of information that may be disclosed under the Customs Administration Act 1985. These amendments are critical for ensuring that the information disclosure process is accurate and effective, aligning with the evolving needs of both domestic and international partners. Section 16(10) of the Act, which is central to this process, specifies the conditions under which certain classes of information can be disclosed to authorised agencies and entities. This includes clarifying the correct title of one entity and expanding the scope of information that can be shared with two specified entities.
The Regulations impose specific obligations on the Chief Executive Officer (CEO) of the Australian Customs Service. For instance, they require the CEO to ensure that any disclosure of protected information is made only to entities and for information classes as prescribed in the regulations. These prescribed entities and information classes are detailed in the Schedule to the Regulations. The CEO must also ensure that the information disclosed is relevant to the authorised purposes and adheres to any additional conditions stipulated in the regulations. This includes maintaining the integrity and security of the disclosed information, ensuring it is not further disseminated beyond the authorised purposes.
Failure to comply with the provisions of these Regulations could lead to serious consequences. While the Regulations themselves do not explicitly state penalties for breaches, violations of the Customs Administration Act 1985 can attract significant penalties. For example, unauthorised disclosure of protected information could lead to civil or criminal penalties under the Act, including substantial fines and imprisonment. Specifically, under the Act, a person who discloses information in breach of its provisions may be liable for a penalty of up to $21,000 for individuals and $105,000 for bodies corporate. Furthermore, such breaches could also result in legal action, including injunctions and damages for any harm caused by the unauthorised disclosure. It is essential for the CEO and other authorised personnel to strictly adhere to the regulations to avoid these severe repercussions.