Customs Amendment Regulations 2000 (No. 10) 2000 No. 252
EXPLANATORY STATEMENT
STATUTORY RULES 2000 No. 252
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs Amendment Regulations 2000 (No. 10)
Section 270 of the Customs Act 1901 (the Act) provides in part that the Governor-General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed for giving effect to the Act.
The purpose of the amending Regulations is to amend the Customs Regulations 1926 (the Customs Regulations) to prescribe two types of equipment that may be used in the external search of a person. That equipment is the Rapiscan Secure 1000 Personnel Scanner (the Rapiscan Scanner) and the Barringer Ionscan Trace Detector (the Ionscan).
Section 219R of the Act allows certain customs officers and police, officers to conduct an external search of a person in certain circumstances.
Subsection 219R(11A) of the Act provides that prescribed equipment may be used in carrying out an external search if, and only if, the person consents to the use of the equipment in carrying out the search.
In accordance with section 219RAB of the Act, when obtaining consent a number of matters must be bought to the attention of the person, including:
* that the use of the equipment could produce evidence against the person;
* any known risk that would be posed to the person's health by the equipment; and
* that the equipment will be used by a Customs officer authorised to use the equipment.
Section 219RAF of the Act provides that any records produced by the equipment must be securely stored in accordance wit 1 the regulations. Regulation 176B of the Customs Regulations sets out those storage requirements.
Subsection 219RAC(1) of the Act provides that for the purposes of subsection 219R(11A), the regulations may prescribe only equipment that can produce an indication that a person is or may be carrying prohibited goods on his or her body. The Rapiscan Scanner and Ionscan can produce an indication that a person is or may be carrying prohibited goods on his or her body.
Further, subsection 219RAC(2) of Act provides that before the Governor-General makes a regulation prescribing equipment for the purposes of subsection 219R(11A), the Minister must obtain from the Chief Executive Officer of Customs (the CEO) a statement that:
* the equipment can safely be used to detect prohibited goods; and
* use of the equipment poses no risk, or minimal risk, to the health of a person whom the equipment is used to search; and
* a person does not require professional qualifications to operate the equipment.
The Minister has obtained a statement in respect of the Rapiscan Scanner and the lonscan from the CEO.
Subsections 219RAC(3) and (4) of the Act provide that before the CEO makes that statement he or she must consult the Commonwealth authorities (if any) that have expertise or responsibilities relevant to the matters addressed by the statement. If the CEO does consult any relevant Commonwealth authorities, he or she must lay a copy of any advice received from those authorities before each House of Parliament within 7 sitting days of that House after the day on which the statement is given to the Minister.
The CEO has consulted the Department of Health and Aged Care and the Australian Radiation Protection and Nuclear Safety Agency. The advice from those authorities will be laid before each House of Parliament within 7 sitting days of that House after the day on which the statement was given to the Minister.
The Regulations are explained in more detail in the attachment.
The Regulations commence on gazettal.
ATTACHMENT
Customs Amendment Regulations 2000 (No. 10)
Regulation 1 - Name of Regulations
Regulation 1 provides that the proposed Regulations are the Customs Amendment Regulations 2000 (No. 10).
Regulation 2 - Commencement
Regulation 2 provides that the proposed Regulations would commence on gazettal.
Regulation 3 - Amendment of Customs Regulations 1926
Regulation 3 provides that Schedule 1 amends the Customs Regulations 1926 (the Customs Regulations).
Schedule 1 - Amendment
Item 1 - After regulation 176A
Item 1 inserts a new regulation 176AA into the Customs Regulations.
New paragraph 176AA(a) prescribes the Rapiscan Secure 1000 Personnel Scanner as equipment that may be used in carrying out an external search. The Rapiscan Personnel Scanner operates by scanning a narrow beam of low energy X-rays over the person and detecting reflection or backscatter from the surface. Computerised image-enhancement techniques are then applied to create a display of the body and any concealed objects. The equipment is not capable of generating X-rays having sufficient energy to penetrate the body and produce an image of internal organs.
New paragraph 176AA(b) prescribes the Barringer Ionscan Trace Detector as equipment that may be used in carrying out an external search. The Barringer Ionscan Trace Detector detects narcotics by analysing samples collected from the person being searched. Under paragraph 219R(11B) of the Act, the samples can only be taken from the outer surface of the person's hand.