Customs (Amendment) Ordinance 1996 (CKI)

Overview

The Customs (Amendment) Ordinance 1996 was enacted to update and amend the existing Customs Ordinance 1993 for the Territory of Cocos (Keeling) Islands. This legislative instrument was made under the authority of the Cocos (Keeling) Islands Act 1955 by the Governor-General of the Commonwealth of Australia, acting on the advice of the Federal Executive Council. The primary objective of the amendment was to align the customs regulations of the territory with the changes in administrative responsibilities and structures within the Australian Customs Service. The changes include redefining roles such as the CEO and Collectors of Customs, and updating definitions to reflect current judicial authorities. This amendment ensures that the customs legislation remains relevant and effective in governing the customs practices in the territory.

Scope and Application

The Customs (Amendment) Ordinance 1996 applies to the Territory of Cocos (Keeling) Islands and amends the Customs Ordinance 1993. The Ordinance modifies the definitions and roles within the Customs Ordinance, replacing references to the Chief Executive Officer (CEO) with the Comptroller of the Indian Ocean Territories Customs Service and making the Comptroller responsible for the Australian Customs Service. It also adjusts the interpretation of 'Collector' to refer to customs officers and the Comptroller as the Regional Director. Furthermore, the Ordinance specifies that a 'Judge' is a Judge of the Supreme Court of Western Australia, although it omits the section allowing certain judges to issue warrants for the use of listening devices. This legislative amendment ensures that the customs administration within the Territory of Cocos (Keeling) Islands aligns with the broader Australian Customs Service framework, maintaining consistency and clarity in roles and responsibilities.

Key Provisions

The Customs (Amendment) Ordinance 1996 introduces several significant changes to the Customs Ordinance 1993, primarily focusing on the definition of key roles and the authority responsible for customs matters in the Territory of Cocos (Keeling) Islands. Section 2.1 amends the definition of 'CEO', changing it to mean the Comptroller of the Indian Ocean Territories Customs Service instead of the previously defined role (Customs Ordinance 1993, s. 2.1). This shift clarifies the specific authority overseeing customs operations within the territory. Section 3.1 further refines the roles by modifying subsections 4A(1) and (1A) to explicitly include 'of the Australian Customs Service', thereby aligning the customs responsibilities with the broader Australian Customs Service framework (Customs Ordinance 1993, s. 3.1). Additionally, section 4 makes a notable change in the definition of 'Collector', where it now refers to a customs officer and 'Regional Director for a State or Territory' now refers to the Comptroller (Customs Ordinance 1993, s. 4). This adjustment ensures clarity in the roles and responsibilities of those managing customs duties. The Ordinance also introduces new clauses 7A and 7B. Clause 7A redefines 'Judge' to mean a Judge of the Supreme Court of Western Australia, providing a clear judicial authority for matters under this Act (Customs Ordinance 1993, s. 219A). Clause 7B omits the previous section 219AA, which dealt with certain judges eligible to issue warrants for the use of listening devices, potentially simplifying the judicial process related to customs enforcement (Customs Ordinance 1993, s. 219AA). Under the Customs (Amendment) Ordinance 1996, parties and entities governed by the Act are required to adhere to the updated definitions and roles specified within the Ordinance. This includes recognising the Comptroller of the Indian Ocean Territories Customs Service as the CEO, understanding that references to Collectors now refer to customs officers, and acknowledging the authority of the Comptroller as the Regional Director. These changes necessitate updates to internal processes and documentation to ensure compliance with the new definitions. Furthermore, the amendment to the definition of 'Judge' means that any legal matters pertaining to customs under this Ordinance must be handled by a Judge of the Supreme Court of Western Australia. This requirement imposes an obligation on the parties involved to engage with the specified judicial authority for any legal proceedings or decisions related to customs enforcement and compliance. The Ordinance does not explicitly detail offences, penalties, or civil/criminal consequences for breach within the provided text. However, as it amends existing legislation, any breach of the updated provisions could potentially lead to legal ramifications under the broader Customs Ordinance 1993 or other applicable laws. Parties failing to comply with the new definitions and roles could face legal action, fines, or other penalties as prescribed by the relevant authorities under the existing legal framework.