Customs Amendment (Record Keeping Requirements and Other Measures) Regulation 2013

Overview

The Customs Amendment (Record Keeping Requirements and Other Measures) Regulation 2013 was enacted to address the gap in record-keeping requirements for cargo terminal operators and cargo handlers as introduced by the Customs and Auscheck Legislation Amendment (Organised Crime and Other Measures) Act 2013. This legislative instrument, issued by the Authority of the Minister for Immigration and Border Protection, was made under the authority granted by Subsection 270(1) of the Customs Act 1901. The policy objective of the regulation is to enhance the visibility of persons entering and operating in cargo terminals to prevent interference with cargo, aligning with existing obligations of other entities in the cargo supply chain. The regulation prescribes the particulars that must be kept by cargo terminal operators concerning individuals entering the terminal, thereby supporting the broader objective of organised crime prevention. The regulation also includes a technical amendment to correct a previous misdescription in the Customs (Prohibited Imports) Regulations 1956. The regulation was subject to public consultation, and feedback was incorporated to align with industry practices. The regulation is compatible with human rights, maintaining existing protections and not limiting the right to privacy.

Scope and Application

The Customs Amendment (Record Keeping Requirements and Other Measures) Regulation 2013 applies to cargo terminal operators, who are required to keep records of each person entering their terminals, in line with the obligations introduced by the Customs and Auscheck Legislation Amendment (Organised Crime and Other Measures) Act 2013. This regulation specifies the particulars that must be recorded and kept by a cargo handler, which includes personal information of individuals who enter the terminals. The regulation extends its application across the Commonwealth of Australia and is subject to the provisions of the Customs Act 1901. It is important to note that the regulation does not apply to any person or entity outside the scope of cargo terminal operators unless they are specifically involved in the loading, unloading, handling, or storage of goods subject to Customs control. The regulation also includes a minor technical amendment to correct a previous misdescription in the Customs (Prohibited Imports) Regulations 1956. Failure to comply with these record-keeping requirements can result in a declaration by the CEO of Customs, barring the operator from involvement in any way with the loading, unloading, handling, or storage of goods subject to Customs control in the cargo terminal, either indefinitely or for a specified period.

Key Provisions

The Customs Amendment (Record Keeping Requirements and Other Measures) Regulation 2013 amends the Customs Regulations 1926 to introduce specific record-keeping requirements for cargo terminal operators under section 102CE of the Customs Act 1901 (section 1). This regulation was prompted by the insertion of section 102CE through the Customs and Auscheck Legislation Amendment (Organised Crime and Other Measures) Act 2013 (the Organised Crime Act). Section 102CE mandates that cargo terminal operators must maintain records of each individual entering the terminal. Subsection 102CE(3) further specifies that these records must include particulars prescribed by the regulations. This regulation sets out these prescribed particulars, which cargo handlers must document and retain (section 2). Cargo terminal operators and cargo handlers are subject to several obligations under this regulation. Primarily, they are required to keep detailed records of every individual entering the terminal, including specific details prescribed by the regulation (section 3). These records must be maintained for a specified period and made available to the Chief Executive Officer (CEO) of Customs upon request. Additionally, the regulation aligns with existing obligations for entities involved in the cargo supply chain, such as customs depot and warehouse licence holders, ensuring a uniform approach to record keeping (section 4). Failure to comply with the record-keeping requirements set forth in this regulation can lead to significant consequences. The CEO of Customs has the authority to declare that a cargo terminal operator or cargo handler will not be permitted to engage in any activities related to the loading, unloading, handling, or storage of goods subject to Customs control, either indefinitely or for a specified period (section 5). This measure underscores the importance of compliance and the potential repercussions for non-compliance. Additionally, the regulation corrects a technical error in the Customs (Prohibited imports) Regulations 1956, ensuring the integrity and accuracy of the regulatory framework. The regulation includes provisions for commencement, with sections 1 to 4 and Schedule 2 taking effect the day after the regulation is registered. Schedule 1, which contains the substantive amendments, commences on the later of the day after the regulation is registered and the commencement of Part 2 of Schedule 1 to the Organised Crime Act, expected to be 28 November 2013. This phased approach allows for adequate preparation and implementation of the new requirements. The regulation is compatible with human rights, as it engages the right to privacy but does not diminish existing protections, aligning with international human rights standards and Australian law.