Customs Legislation Amendment (Name Change) Act 2009

Administered by Department of Home Affairs

Legislation au C2009A00033 In force Act

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Customs Legislation Amendment (Name Change) Act 2009

 

No. 33, 2009

 

 

 

 

 

An Act to change the name of the Australian Customs Service, and for related purposes

 

 

Contents

1 Short title

2 Commencement

3 Schedule(s)

Schedule 1—Amendment of the Customs Administration Act 1985

Schedule 2—Amendment of other Acts

ACIS Administration Act 1999

Air Services Act 1995

A New Tax System (Goods and Services Tax) Act 1999

A New Tax System (Wine Equalisation Tax) Act 1999

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

Australian Crime Commission Act 2002

Australian Nuclear Science and Technology Organisation Act 1987

Australian Postal Corporation Act 1989

Australian Sports Anti‑Doping Authority Act 2006

Civil Aviation Act 1988

Crimes Act 1914

Criminal Code Act 1995

Customs Act 1901

Environment Protection (Sea Dumping) Act 1981

Evidence Act 1995

Excise Act 1901

Fisheries Management Act 1991

Hazardous Waste (Regulation of Exports and Imports) Act 1989

Horticulture Marketing and Research and Development Services Act 2000

Imported Food Control Act 1992

Maritime Transport and Offshore Facilities Security Act 2003

Migration Act 1958

National Health Act 1953

Privacy Act 1988

 

 

 

Customs Legislation Amendment (Name Change) Act 2009

No. 33, 2009

 

 

 

An Act to change the name of the Australian Customs Service, and for related purposes

[Assented to 22 May 2009]

The Parliament of Australia enacts:

1  Short title

  This Act may be cited as the Customs Legislation Amendment (Name Change) Act 2009.

2  Commencement

  This Act commences on the day after it receives the Royal Assent.

3  Schedule(s)

  Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.


Schedule 1—Amendment of the Customs Administration Act 1985

 

1  Title

Omit “to establish an Australian Customs Service”, substitute “to provide for an Australian Customs and Border Protection Service”.

2  Subsection 4(1)

Repeal the subsection, substitute:

 (1) The agency known immediately before the commencement of this subsection as the Australian Customs Service is continued in existence with the new name, the Australian Customs and Border Protection Service.

Note: The heading to section 4 is altered by inserting “and Border Protection” after “Australian Customs”.

3  Subsections 4(2), (3) and (4)

After “Australian Customs” (wherever occurring), insert “and Border Protection”.

4  After section 4

Insert:

4AA  Meaning of Customs

  In any Act, unless the contrary intention appears:

Customs means the agency continued in existence under subsection 4(1).

5  Subsection 4A(1)

After “Australian Customs”, insert “and Border Protection”.

6  Section 16 (including the example)

After “Australian Customs” (wherever occurring), insert “and Border Protection”.

7  Subsection 17(1)

After “Australian Customs”, insert “and Border Protection”.


Schedule 2—Amendment of other Acts

 

ACIS Administration Act 1999

1  Subsections 115(2) and (3)

Omit “the Australian Customs Service”, substitute “Customs”.

Air Services Act 1995

2  Subsection 3(1) (paragraph (b) of the definition of authority of the Commonwealth)

Repeal the paragraph, substitute:

 (b) Customs;

A New Tax System (Goods and Services Tax) Act 1999

3  Paragraph 117‑5(1)(a)

Omit “the Australian Customs Service”, substitute “Customs”.

A New Tax System (Wine Equalisation Tax) Act 1999

4  Section 33‑1 (definition of Customs)

Repeal the definition, substitute:

Customs means the agency continued in existence under subsection 4(1) of the Customs Administration Act 1985.

Anti‑Money Laundering and Counter‑Terrorism Financing Act 2006

5  Section 5 (paragraph (e) of the definition of designated agency)

Repeal the paragraph, substitute:

 (e) Customs; or

Australian Crime Commission Act 2002

6  Subsection 4(1) (paragraph (c) of the definition of eligible Commonwealth Board member)

Omit “the Australian Customs Service”, substitute “Customs”.

7  Paragraph 7B(2)(c)

Omit “the Australian Customs Service”, substitute “Customs”.

Australian Nuclear Science and Technology Organisation Act 1987

8  Subsection 3(1) (paragraph (c) of the definition of law enforcement agency)

Repeal the paragraph, substitute:

 (c) Customs; or

Australian Postal Corporation Act 1989

9  Section 90E (paragraph (a) of the definition of compliance agency)

Repeal the paragraph, substitute:

 (a) Customs;

10  Subsection 90T(8)

Omit “The Australian Customs Service established under the Customs Administration Act 1985”, substitute “Customs”.

11  Subsection 90V(2A)

Omit “the Australian Customs Service”, substitute “Customs”.

Australian Sports Anti‑Doping Authority Act 2006

12  Paragraph 71(2)(f)

Omit “the Australian Customs Service”, substitute “Customs”.

13  Paragraph 72(2)(f)

Omit “the Australian Customs Service”, substitute “Customs”.

Civil Aviation Act 1988

14  Subsection 3(1) (paragraph (b) of the definition of authority of the Commonwealth)

Repeal the paragraph, substitute:

 (b) Customs;

Crimes Act 1914

15  Subsection 3(1) (paragraph (d) of the definition of law enforcement officer)

Repeal the paragraph, substitute:

 (d) an officer of Customs;

16  Subparagraph 15N(2)(c)(iv)

Omit “the Australian Customs Service”, substitute “Customs”.

17  Section 15Q

Omit “the Australian Customs Service” (wherever occurring), substitute “Customs”.

18  Subsection 15XA(1) (paragraph (b) of the definition of Commonwealth participating agency)

Repeal the paragraph, substitute:

 (b) Customs;

19  Section 85ZL (paragraph (ba) of the definition of law enforcement agency)

Repeal the paragraph, substitute:

 (ba) Customs;

Criminal Code Act 1995

20  Section 146.1 of the Criminal Code (paragraph (e) of the definition of Commonwealth law enforcement officer)

Omit “the Australian Customs Service”, substitute “Customs”.

Customs Act 1901

21  Subsection 4(1) (definition of Customs)

Repeal the definition.

22  Paragraph 13(2)(b)

Omit “H.M. Customs”, substitute “Customs and Border Protection”.

23  Subsection 64ACB(8)

Omit “the Australian Customs Service”, substitute “Customs”.

24  Subsection 273GAB(1) (note)

Omit “The Australian Customs Service”, substitute “Customs”.

Environment Protection (Sea Dumping) Act 1981

25  Subsection 4(1) (paragraph (b) of the definition of inspector)

Omit “the Australian Customs Service”, substitute “Customs”.

26  Paragraph 27(b)

Omit “the Australian Customs Service”, substitute “Customs”.

27  Subsection 28(1)

Omit “the Australian Customs Service”, substitute “Customs”.

28  Subsections 29(6) and (7)

Omit “the Australian Customs Service” (wherever occurring), substitute “Customs”.

29  Subsection 32(2)

Omit “the Australian Customs Service” (wherever occurring), substitute “Customs”.

Evidence Act 1995

30  Part 1 of the Dictionary at the end of the Act (subparagraph (b)(i) of the definition of Commonwealth document)

Omit “the Australian Customs Service”, substitute “Customs”.

Excise Act 1901

31  Subsection 4(1) (definition of The Customs)

Repeal the definition.

32  Subsections 24(2) and (3)

Omit “the Customs”, substitute “Customs”.

33  Subsection 61E(1) (paragraph (a) of the definition of officer of Customs)

Omit “the Customs”, substitute “Customs”.

Fisheries Management Act 1991

34  Subsection 167B(2)

Omit “the Australian Customs Service (Customs)”, substitute “Customs”.

Hazardous Waste (Regulation of Exports and Imports) Act 1989

35  Subsection 42(3) (note)

Omit “the Australian Customs Service”, substitute “Customs”.

Horticulture Marketing and Research and Development Services Act 2000

36  Section 26A (note)

Omit “the Australian Customs Service”, substitute “Customs”.

Imported Food Control Act 1992

37  Subsection 3(1) (definition of Customs)

Repeal the definition.

Maritime Transport and Offshore Facilities Security Act 2003

38  Paragraph 9(2)(b)

Repeal the paragraph, substitute:

 (b) Customs; or

39  Paragraph 9(3)(b)

Repeal the paragraph, substitute:

 (b) Customs; or

40  Section 10 (definition of maritime industry participant) (note)

Omit “the Australian Customs Service”, substitute “Customs”.

41  Section 10 (definition of offshore industry participant) (note)

Omit “the Australian Customs Service”, substitute “Customs”.

Migration Act 1958

42  Subsection 245L(6)

Omit “the Australian Customs Service”, substitute “Customs”.

Note: The heading to subsection 245L(6) is altered by omitting “information on to Australian Customs Service” and substituting “on information”.

National Health Act 1953

43  Subsection 99ZH(1) (definition of CEO of Customs)

Omit “the Australian Customs Service”, substitute “Customs”.

44  Subsection 99ZH(1) (definition of Customs documentation purposes)

Omit “the Australian Customs Service”, substitute “Customs”.

45  Subsection 99ZN(6)

Omit “the Australian Customs Service”, substitute “Customs”.

Privacy Act 1988

46  Subsection 6(1) (paragraph (c) of the definition of enforcement body)

Repeal the paragraph, substitute:

 (c) Customs; or

 

 

 

 

 

[Minister’s second reading speech made in—

House of Representatives on 12 March 2009

Senate on 20 March 2009]

(27/09)

 

Overview

The Customs Legislation Amendment (Name Change) Act 2009, enacted by the Parliament of Australia and assented to on 22 May 2009, serves to alter the name of the Australian Customs Service to the Australian Customs and Border Protection Service, and to implement related amendments across various pieces of legislation. This Act responds to the need for a more comprehensive name that reflects the expanded roles and responsibilities of the agency, particularly in border protection and security. The primary objective of this legislation is to ensure consistency in the nomenclature across different statutes and to facilitate a smoother integration of the new service identity into existing legal frameworks. The Act amends several key pieces of legislation, including the Customs Administration Act 1985, the ACIS Administration Act 1999, the Air Services Act 1995, and others, by substituting references to the Australian Customs Service with the new name, Australian Customs and Border Protection Service. This systematic update is crucial for maintaining legal accuracy and operational clarity, ensuring that all references to the agency in various legislative contexts are uniformly updated to reflect its new designation.

Scope and Application

The Customs Legislation Amendment (Name Change) Act 2009 amends various Acts to change the name of the Australian Customs Service to the Australian Customs and Border Protection Service. This change is reflected in the Customs Administration Act 1985, and also across numerous other Acts, including the ACIS Administration Act 1999, Air Services Act 1995, A New Tax System (Goods and Services Tax) Act 1999, A New Tax System (Wine Equalisation Tax) Act 1999, Anti-Money Laundering and Counter-Terrorism Financing Act 2006, Australian Crime Commission Act 2002, Australian Nuclear Science and Technology Organisation Act 1987, Australian Postal Corporation Act 1989, Australian Sports Anti-Doping Authority Act 2006, Civil Aviation Act 1988, Crimes Act 1914, Criminal Code Act 1995, Customs Act 1901, Environment Protection (Sea Dumping) Act 1981, Evidence Act 1995, Excise Act 1901, Fisheries Management Act 1991, Hazardous Waste (Regulation of Exports and Imports) Act 1989, Horticulture Marketing and Research and Development Services Act 2000, Imported Food Control Act 1992, Maritime Transport and Offshore Facilities Security Act 2003, Migration Act 1958, National Health Act 1953, and Privacy Act 1988. The Act applies nationally and involves updating references to the Australian Customs Service to reflect its new name. The changes are effective from the day after Royal Assent, and do not include any exclusions or exemptions. The application of the Act is not extended or restricted by any subordinate instruments.

Key Provisions

The Customs Legislation Amendment (Name Change) Act 2009 (section 1) introduces a name change for the Australian Customs Service, now known as the Australian Customs and Border Protection Service. This change is made effective from the day after the Act receives Royal Assent (section 2). The Act amends various existing laws to reflect the new name and ensure consistency across legislation. Key amendments include changes to the Customs Administration Act 1985 (Schedule 1), where the title is updated to include "Border Protection" (Schedule 1, item 1), and the agency is referred to as the Australian Customs and Border Protection Service (Schedule 1, item 2). Additionally, the term "Customs" is inserted in multiple places throughout the Act to reflect the new agency name (Schedule 1, items 3, 4, 5, 6, and 7). The Act also amends several other Acts to update references to the Australian Customs Service, replacing them with "Customs" (Schedule 2, items 1–46). These amendments ensure that the new name is consistently used in various legal contexts, including in the ACIS Administration Act 1999, Air Services Act 1995, and Anti-Money Laundering and Counter-Terrorism Financing Act 2006, among others. Entities and individuals governed by these Acts are required to comply with the updated references to "Customs" in their dealings with the Australian Customs and Border Protection Service. Failure to comply with these amendments may result in legal discrepancies and could potentially impact the enforcement and administration of related laws. It is essential for legal practitioners to ensure that their clients are aware of and adapt to these changes to maintain compliance with the law. Breaches of the obligations imposed by this Act, such as continuing to use the outdated term "Australian Customs Service" in legal documents or communications, could lead to confusion and potential legal challenges. While the Act itself does not specify particular offences or penalties for non-compliance, the consequences could include administrative penalties or legal disputes arising from the use of incorrect terminology in official capacities. It is crucial for all parties to adhere to the updated references to avoid any legal ramifications.

Legal classification tags

Area of Law
Customs Law
Instrument
Act
Concepts
Definitions & Interpretation
Commencement Provisions
Repeal & Amendment

Interactions

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.