EXPLANATORY STATEMENT
Select Legislative Instrument 2005 No. 37
Issued by the Authority of the Minister for Justice and Customs
Customs Act 1901
Customs Amendment Regulations 2005 (No. 1)
Subsection 270(1) 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 or as may be necessary or convenient to be prescribed for giving effect to the Act or for the conduct of any business relating to the Customs.
The purpose of the amending Regulations is to substitute regulation 170B of the Customs Regulations 1926 (the Principal Regulations) to update the reference to ‘security identification card’.
Section 213A of the Act requires a person who employs a person in certain restricted areas of an appointed airport, who has not been issued with a security identification card, to provide certain information about the employee to Customs.
Section 213B of the Act requires a person who issues a security identification card to another person in respect of an appointed airport to provide Customs with certain information about the person to whom the card has been issued.
Subsection 213A(7) of the Act provides that in section 213A ‘security identification card’ means a card of a kind specified in the regulations. Subsection 213B(4) provides that in section 213B ‘security identification card’ has the same meaning given by section 213A of the Act.
Regulation 170B of the Principal Regulations previously specified an ASIC, as defined in regulation 76 of the Air Navigation Regulations 1947 (the Air Navigation Regulations), for the purposes of that definition of ‘security identification card’ in section 213A of the Act. However, the provisions of the Air Navigation Act 1920 under which regulation 76 of the Air Navigation Regulations was made were repealed on 10 March 2005.
The new requirements relating to aviation transport security are contained in the Aviation Transport Security Act 2004. Sections 3 to 133 of that Act and the regulations made under it, the Aviation Transport Regulations 2005 (the Aviation Transport Security Regulations), also took effect on 10 March 2005.
Regulation 1.03 of the Aviation Transport Regulations relevantly defines ASIC to mean an ‘aviation security identification card’ and VIC to mean a ‘visitor identification card’.
New regulation 170B specifies an ASIC and a VIC within the Aviation Transport Security Regulations for the purposes of the definition of ‘security identification card’ in subsection 213A(7) of the Act. This ensures that Customs continues to receive information about people in relation to appointed airports.
No consultation was undertaken in relation to the amending Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.
The amending Regulations commence on the day after they are registered.
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Overview
The Customs Amendment Regulations 2005 (No. 1) were enacted to update the Customs Regulations 1926 under the authority of the Minister for Justice and Customs. These regulations were introduced to address a gap left by the repeal of the relevant provisions of the Air Navigation Act 1920, which had previously defined a security identification card (SIC) for the purposes of the Customs Act 1901. The Customs Act requires employers and issuers of SICs in certain restricted airport areas to provide information to Customs about employees and card holders. The purpose of the amending regulations was to ensure that the definition of 'security identification card' in the Customs Regulations remains current with the introduction of the Aviation Transport Security Act 2004 and its associated regulations. This change ensures that Customs continues to receive necessary information about people in relation to appointed airports, aligning with the new aviation security framework.
Scope and Application
The Customs Amendment Regulations 2005 (No. 1) primarily serve to update the Customs Regulations 1926 by amending regulation 170B to align with the new legislative framework introduced by the Aviation Transport Security Act 2004. This adjustment ensures that the definition of 'security identification card' remains relevant and accurate, particularly in relation to persons employed in restricted areas of appointed airports and those issued with such cards. The Regulations apply to individuals and entities involved in employment or the issuance of security identification cards at appointed airports, thereby affecting those who must provide certain information to Customs. The Regulations have a national reach as they pertain to the Customs Act 1901, which applies across Australia. There are no stated exclusions or exemptions, and the Regulations do not impose any new thresholds. Instead, they refine the existing requirements to reflect the updated legislative context provided by the Aviation Transport Security Act 2004 and its associated regulations.
Key Provisions
The Customs Amendment Regulations 2005 (No. 1) primarily update the definition of ‘security identification card’ in section 213A(7) of the Customs Act 1901. Under section 213A, an employer who hires someone to work in restricted areas of an appointed airport and who has not been issued a security identification card, must provide specific details about the employee to Customs. Similarly, section 213B mandates that anyone issuing a security identification card in respect of an appointed airport must also notify Customs with particulars about the person receiving the card. The regulation was updated to reflect changes in the definition of ‘security identification card’ by substituting regulation 170B of the Customs Regulations 1926. Previously, regulation 170B referenced an ASIC as defined in the Air Navigation Regulations 1947, but those provisions were repealed on 10 March 2005. The new requirements for aviation transport security are now governed by the Aviation Transport Security Act 2004 and the corresponding regulations, which took effect on the same date.
The Customs Amendment Regulations impose specific obligations on employers and issuers of security identification cards. Employers who hire individuals for work in restricted airport areas must ensure that these individuals possess a valid security identification card. If an employee does not have such a card, the employer is required to submit detailed information about the employee to Customs. Similarly, any entity or individual who issues a security identification card in relation to an appointed airport must provide detailed information about the cardholder to Customs. These obligations ensure that Customs has up-to-date information about individuals working in or accessing restricted areas of airports, thereby maintaining security protocols.
Failure to comply with the requirements set out in sections 213A and 213B of the Customs Act 1901 may result in legal consequences. While the explanatory statement does not specify the exact penalties for non-compliance, it is reasonable to infer that breaches of these provisions could lead to civil or criminal penalties under the Customs Act. The Act generally provides for fines and imprisonment for offences, with the specific penalties depending on the nature and severity of the breach. As the regulations are designed to update the definition of ‘security identification card’ and ensure that Customs receives accurate information, non-compliance could potentially disrupt security processes at airports, leading to enforcement actions by the relevant authorities.