Customs Amendment Act 1981
No. 64 of 1981
An Act to amend the Customs Act 1901
[Assented to 12 June 1981]
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 1981.
(2) The Customs Act 19011 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 twenty-eighth day after the day on which it receives the Royal Assent.
(2) Sections 6 to 18 (inclusive), sub-section 19 (2), sections 20 to 24 (inclusive) and section 27 shall come into operation on such respective dates as are fixed by Proclamation.
Interpretation
3. Section 4 of the Principal Act is amended—
(a) by inserting after the definition of “Days” in sub-section (1) the following definition:
“‘Deputy Commissioner of Police’ means a Deputy Commissioner of Police referred to in section 6 of the Australian Federal Police Act 1979, and includes—
(a) an acting Deputy Commissioner of Police; and
(b) a member of the Australian Federal Police authorized in writing by the Commissioner of Police to act on behalf of the Australian Federal Police for the purposes of this Act;”; and
(b) by inserting after the definition of “Narcotic goods” in sub-section (1) the following definition:
“‘Narcotic-related goods’ means—
(a) narcotic goods;
(b) moneys within the meaning of section 229a to which that section applies or is believed by the person in possession of the moneys to apply;
(c) goods within the meaning of section 229a to which that section applies or is believed by the person in possession of the goods to apply; or
(d) ships, aircraft, vehicles or animals that are, or are believed by the person in possession of them to be, forfeited goods by reason of having been used in the unlawful importation, exportation or conveyance of prohibited imports, or prohibited exports, that are narcotic goods;”.
Customs control of goods
4. Section 30 of the Principal Act is amended by omitting from paragraph (a) “until delivery for home consumption” and substituting:
“until the goods are dealt with—
(i) in accordance with an entry of the goods for home consumption;
(ii) by virtue of an approval under section 71a;
(iii) by virtue of permission given under section 71b; or
(iv) by virtue of permission given under section 162a,”.
5. Section 33 of the Principal Act is repealed and the following section is substituted:
Persons not to move goods subject to the control of the Customs
“33. (1) Except as authorized by this Act, a person shall not move, alter or interfere with goods that are subject to the control of the Customs.
Penalty: $1,000.
“(2) If a person who commits…
Overview
The Customs Amendment Act 1981 was enacted to make several amendments to the Customs Act 1901. The Act was passed by the Queen, and the Senate and House of Representatives of the Commonwealth of Australia. The Customs Amendment Act 1981 aimed to enhance the administration and enforcement of customs regulations by updating and clarifying various provisions within the Customs Act 1901. The Act introduced amendments to definitions, customs control of goods, penalties, and procedures for dealing with goods and vessels that are subject to customs regulation.
Scope and Application
The Customs Amendment Act 1981 amends the Customs Act 1901 to update and refine various aspects of the Customs regime in Australia. This Act applies to all persons and entities involved in the importation and exportation of goods in Australia, including shipmasters, aircraft pilots, and Customs officers, as well as those who may be subject to penalties or forfeitures under the Act. The Act extends to the external territories of Australia as defined by the Customs Act 1901. The Customs Amendment Act 1981 makes several significant changes to the Customs Act 1901, including the replacement of certain terms such as "passed" with "given authority under section 39" to reflect the new framework for dealing with goods under the Act. It also introduces new provisions regarding the control of goods, the movement of goods, the entry of goods, and the authority to deal with goods. Furthermore, the Act modifies the procedures for reporting cargo, the examination of goods, and the conditions under which goods may be delivered for home consumption without an entry. The Act also updates penalties, extends time limits for commencing actions, and clarifies the conditions under which ships, aircraft, and goods may be forfeited. Additionally, it amends the procedures for dealing with seized goods, including the conditions for returning seized goods on security and the disposal of forfeited goods. The Act includes provisions for the application of penalties, notification of proposals when the House of Representatives is not sitting, and the involvement of the police in customs matters. The Act's application is further refined through subordinate instruments, which may specify additional details or conditions not explicitly mentioned in the primary text of the Act.
Key Provisions
- The Customs Amendment Act 1981 makes several amendments to the Customs Act 1901, affecting the customs control of goods, the authority to deal with goods, and various other provisions related to customs and excise. Section 4 amends the definition of “Deputy Commissioner of Police” and introduces the term “narcotic-related goods,” which includes narcotic goods and other specified items. Section 5 establishes that it is an offence to move, alter, or interfere with goods under customs control without authorization, with a penalty of $1,000. Section 6 mandates that persons with possession of dutiable goods must keep them safely. Sections 9 and 10 modify the procedures for entering goods and requiring commercial documents, while Sections 12 and 15 revise the regulations concerning ships and aircraft. Section 20 allows the removal and potential sale of goods that are not entered within the prescribed time. Sections 25 and 26 introduce new powers for officers to question persons and seize goods, with specific procedures for handling seized items.
- The Act imposes several obligations on parties and entities it governs. For instance, Section 39 requires the Customs to give authority for goods to be dealt with according to an entry, which may be subject to conditions. Section 40 imposes a penalty of $250 on those who fail to comply with the entry requirements. Section 59 allows for the boarding and search of ships and aircraft within 12 nautical miles of the Australian coast. Section 64 mandates that the master or owner of a ship or the pilot or owner of an aircraft must report the ship or aircraft and its cargo within a prescribed time. Section 196c empowers officers to question individuals claiming packages and detain them if they refuse to comply.
- Breaching the provisions of this Act can result in various offences and penalties. For example, moving or altering goods under customs control without authorization is an offence punishable by a fine of $1,000 (Section 5). Failing to comply with entry requirements can result in the removal and potential sale of goods, with the person responsible incurring a penalty of $250 (Section 40). Refusal to comply with a request to board a ship or aircraft can lead to the use of force to compel compliance, with a penalty of $1,000 (Sections 184 and 185). Additionally, failing to produce required documents or information when requested can result in a penalty of $1,000 (Section 208c). Forfeited goods, ships, and aircraft, as well as proceeds of drug trafficking, are subject to specific forfeiture provisions (Sections 228, 229, and 229a).
- Area of Law
- Customs Law
- Instrument
- Act
- Concepts
- Commencement Provisions
- Definitions & Interpretation
- Reporting & Disclosure Obligations
- Offence Provisions
- Enforcement Powers
- Regulatory Standards
