Customs Amendment Act (No. 2) 1979
No. 116 of 1979
An Act to amend the Customs Act 1901.
BE IT ENACTED by the Queen, and the Senate and 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 (No. 2) 1979.
(2) The Customs Act 1901 is in this Act referred to as the Principal Act.
Commencement
2. This Act shall come into operation on the day on which the Australian Security Intelligence Organization Act 1979 comes into operation.
Use of listening devices
3. Section 219b of the Principal Act is amended by omitting sub-section (12) and substituting the following sub-section:
“(12) Nothing in this section, or in a warrant under this section, applies to or in relation to the use of a listening device for a purpose that would, for the purposes of the Telecommunications (Interception) Act 1979, constitute the interception of a communication passing over a telecommunications system controlled by the Australian Telecommunications Commission.”.
Certain information not to be disclosed
4. Section 219f of the Principal Act is amended by omitting paragraph (b) of sub-section (2) and substituting the following paragraph:
“(b) where the information relates, or appears to relate, to activities that constitute, or to intended activities that would constitute, activities prejudicial to security, within the meaning of the Australian Security Intelligence Organization Act 1979—the information may be communicated to the person holding, or performing the duties of, the office of Director-General of Security under that Act.”.
Overview
The Customs Amendment Act (No. 2) 1979 was enacted to amend the Customs Act 1901, addressing specific issues related to the use of listening devices and the disclosure of certain information. This Act was passed by the Queen, in accordance with the authority of the Senate and House of Representatives of the Commonwealth of Australia. The primary purpose of this legislation is to refine the provisions of the Customs Act 1901 to ensure they align with contemporary security frameworks and legislative requirements, particularly those relating to intelligence and telecommunications. The Act aims to prevent the misuse of listening devices for intercepting communications and to regulate the disclosure of sensitive information that could be detrimental to national security.
Scope and Application
The Customs Amendment Act (No. 2) 1979 applies to persons and entities involved in the importation and exportation of goods, as well as those engaged in activities that may intersect with customs regulation and enforcement. This Act amends the Customs Act 1901, which governs customs duties, tariffs, and related regulatory matters. The geographic reach of this Act is national, applying across the Commonwealth of Australia. It includes modifications to the use of listening devices and the disclosure of certain information, ensuring alignment with the Telecommunications (Interception) Act 1979 and the Australian Security Intelligence Organization Act 1979. The Act specifies that the use of listening devices for intercepting communications under the Telecommunications (Interception) Act 1979 is excluded from its purview. Furthermore, it limits the disclosure of information relating to activities prejudicial to security, allowing such information to be communicated only to the Director-General of Security under the Australian Security Intelligence Organization Act 1979. This legislation, through its amendments, extends the application of the Customs Act 1901 to incorporate contemporary legal frameworks and security measures.
Key Provisions
The Customs Amendment Act (No. 2) 1979 introduces key changes to the Customs Act 1901. Firstly, section 219b(12) is amended to specify that the use of listening devices is exempt from certain restrictions if the purpose of the device is to intercept communications passing over a telecommunications system controlled by the Australian Telecommunications Commission, as defined by the Telecommunications (Interception) Act 1979. Secondly, section 219f(2)(b) is revised to allow the disclosure of certain information to the Director-General of Security under the Australian Security Intelligence Organization Act 1979, provided that the information pertains to activities prejudicial to security.
The Act imposes obligations on customs officers and other relevant parties to ensure compliance with the amended provisions. Customs officers must adhere to the limitations on the use of listening devices, ensuring that any interception of communications aligns with the Telecommunications (Interception) Act 1979. Additionally, there is a requirement for the communication of information that pertains to security risks to the Director-General of Security, as specified in the Australian Security Intelligence Organization Act 1979.
Breaching the provisions of the Customs Amendment Act (No. 2) 1979 may result in civil or criminal consequences. Although the Act does not explicitly state penalties, breaches of related acts such as the Telecommunications (Interception) Act 1979 can lead to significant fines and imprisonment. For instance, unauthorised interception of communications can result in penalties of up to $22,200 for individuals and $111,000 for bodies corporate, as well as imprisonment for up to two years. Similarly, unauthorised disclosure of information can lead to penalties of up to $11,100 for individuals and $55,500 for bodies corporate, along with imprisonment for up to one year. These penalties underscore the seriousness with which breaches of these provisions are treated.