Customs Amendment Act 1979
No. 92 of 1979
An Act to amend the Customs Act 1901.
BE IT ENACTED by the Queen, and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:
Short title, &c.
1. (1) This Act may be cited as the Customs Amendment Act 1979.
(2) The Customs Act 1901 is in this Act referred to as the Principal Act.
Commencement
2. (1) Subject to sub-section (2), this Act shall come into operation on the day on which it receives the Royal Assent.
(2) Sections 5 and 6 shall come into operation on a date to be fixed by Proclamation.
Interpretation
3. Section 4 of the Principal Act is amended—
(a) by inserting after the definition of “Collector” in sub-section (1) the following definition:
“‘Commercial quantity’ means—
(a) in relation to a narcotic substance the name of which is specified in Column 1 of Schedule VIII— the quantity that is specified in column 2 of that Schedule opposite to the name of the substance; and
(b) in relation to a narcotic substance that is for the time being declared by the regulations to be a prescribed narcotic substance—the quantity that is prescribed by the regulations to be the commercial quantity in relation to that narcotic substance.”;
(b) by inserting after the definition of “Port” in sub-section (1) the following definition:
“‘prescribed narcotic substance’ means a narcotic substance the name of which is specified in Column 1 of Schedule VIII or any other narcotic substance for the time being declared by the regulations to be a prescribed narcotic substance.”; and
(c) by inserting “to be the traffickable quantity” after “regulations” (second occurring) in paragraph (b) of the definition of “Traffickable quantity” in sub-section (1).
4. (1) Sections 9, 10 and 11 of the Principal Act are repealed and the following sections are substituted:
Delegation by Minister
“9. (1) The Minister may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under the Customs Acts, other than this power of delegation.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of the Customs Acts, be deemed to have been exercised by the Minister.
“(3) A delegation under this section does not prevent the exercise of a power by the Minister.
Delegation by Comptroller
“10. (1) The Comptroller may, either generally or as otherwise provided by the instrument of delegation, by writing signed by him, delegate to a person any of his powers under the Customs Acts, other than this power of delegation.
“(2) A power so delegated, when exercised by the delegate, shall, for the purposes of the Customs Acts, be deemed to have been exercised by the Comptroller.
“(3) A delegation under this section does not prevent the exercise of a power by the Comptroller.
Arrangements with States and the Northern Territory
“11. (1) The Governor-General may…
Overview
The Customs Amendment Act 1979No. 92 of 1979 is an Act that amends the Customs Act 1901 to address certain gaps and issues in the original legislation. Enacted by the Queen, the Senate, and the House of Representatives of the Commonwealth of Australia, the primary objective of this Act is to enhance the regulation of narcotics and related offences by updating and refining the existing customs laws. The Act introduces several amendments, including the addition of new definitions, the modification of existing provisions, and the introduction of new sections to strengthen the enforcement of narcotics laws. For instance, the Act revises the delegation of powers, introduces new regulations for the use of listening devices in narcotics inquiries, and outlines the procedures for the recovery of pecuniary penalties for dealing in narcotic goods. Furthermore, the Act seeks to ensure that the enforcement of customs laws is conducted within a legal framework that respects individual rights and privacy, while also providing robust mechanisms for law enforcement agencies to combat narcotics trafficking effectively.
Scope and Application
The Customs Amendment Act 1979 applies to individuals and entities involved in customs-related activities, including officers of Customs, police, and other authorised persons. It extends to the regulation of customs duties, the control of prohibited imports and exports, and the management of narcotics offences. The Act operates within the Commonwealth jurisdiction and is applicable across Australia. Specific exclusions or thresholds are not explicitly detailed within the provided text, but the Act does include provisions for delegation and arrangements with state and territory courts, indicating a flexible application across different jurisdictions. Subordinate instruments may further extend or restrict the application of the Act by detailing specific regulations and procedures for implementing its provisions.
Key Provisions
- The Customs Amendment Act 1979 amends the Customs Act 1901 to introduce several new provisions and modifications, primarily concerning the handling of narcotic substances. Firstly, the Act introduces specific definitions for "commercial quantity" and "prescribed narcotic substance," which are crucial for determining the penalties and regulations applicable to various narcotic substances (section 3). It also allows for delegation of powers by the Minister and the Comptroller, ensuring that certain customs-related functions can be executed by designated individuals or bodies (section 9 and 10).
- Regarding narcotic substances, the Act revises the conditions under which suspected persons can be detained and searched. Now, an officer may detain and search a suspected person subject to certain conditions, including obtaining an order from a Magistrate and ensuring that body cavity examinations are conducted by medical practitioners only (sections 5 and 196a). Additionally, the Act modifies the criteria for arresting individuals suspected of narcotic-related offenses, allowing for arrests without a warrant based on reasonable suspicion (section 7).
- The Act also introduces provisions for the use of listening devices in narcotics inquiries. It mandates that such devices can only be used under specific conditions, such as with consent or pursuant to a warrant issued by a Judge. The Comptroller is required to take steps to prevent unlawful use and ensure compliance with these provisions (sections 219b and 219c). Furthermore, it outlines the penalties for obstructing actions taken under these warrants and the process for reporting the use of such devices to the Minister (sections 219j and 219k).
- In terms of penalties and forfeiture, the Act specifies the conditions under which goods and proceeds related to narcotic offenses are liable to be forfeited and provides detailed provisions for the recovery of pecuniary penalties from individuals engaged in narcotics dealings. This includes the power of the Court to direct an official receiver to take control of the offender's property and to enforce payment of penalties (sections 243b to 243r). Additionally, it provides for the protection of the official receiver from personal liability in certain circumstances and outlines the process for handling property after the offender becomes bankrupt (sections 243n and 243l).
- Lastly, the Act mandates that the Minister must regularly brief the Leader of the Opposition on matters relating to contraventions of the Act concerning narcotic substances (section 273g). The Act also includes a schedule specifying the commercial quantities for various narcotic substances (Schedule VIII).
- Area of Law
- Customs Law
- Criminal Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Reporting & Disclosure Obligations
- Offence Provisions
- Regulatory Standards
- Enforcement Powers