EXPLANATORY STATEMENT
Statutory Rules 1986 No. 174
Customs Regulations (Amendment)
Issued by Authority of the Minister of State for Industry, Technology and Commerce
Section 39 of the Customs Act 1901 provides that where an entry in respect of goods has been made, the Customs may give authority, in accordance with the regulations, for those goods to be dealt with in accordance with that entry.
Customs Regulation 23AA currently provides for an authority under Section 39 of the Customs Act to be inscribed on, or attached to, a copy of the entry given in respect of the goods.
Owners of goods and agents acting for owners have expressed concern that compliance with the regulation places in the hands of airlines or shipping companies information which goes far beyond that necessary for the purpose of identifying the goods to be delivered. It is felt the present requirement constitutes an infringement of privacy. The Australian Customs Service recognises the legitimacy of the complaint and agrees that it would be appropriate for the authority to be given on a ‘skeleton’ copy of the entry that contains only the particulars that are necessary to identify the goods to which the authority relates.
The amended Regulation will allow goods to be imported into Australia with an entry attached to, or inscribed on a prescribed document. A prescribed document is defined in new Sub-Regulation 23AA(2) as being:
(a) a copy of the Customs entry;
(b) a copy of the entry in abridged form; or
(c) a ‘commercial document’, which has the same meaning as in Section 38B of the Act i.e. –a document prepared in the ordinary course of business for the purposes of a commercial transaction involving the goods or the carriage of goods. Such a document must have been delivered to a Collector under Section 38B of the Act, and must have been dealt with in accordance with Regulation 23AA.
Overview
The Customs Regulations (Amendment) Statutory Rules 1986 No. 174, issued by authority of the Minister of State for Industry, Technology and Commerce, address a specific concern regarding the privacy implications of the existing Customs Regulations under the Customs Act 1901. This amendment responds to feedback from owners of goods and their agents, who have raised issues about the current regulation that requires authorities for goods to be inscribed on or attached to a copy of the entry, thus revealing more information than necessary for the purpose of identifying the goods. The Australian Customs Service acknowledges these privacy concerns and has introduced the amendment to allow the authority to be given on a ‘skeleton’ copy of the entry, which only contains the essential particulars needed to identify the goods. This change aims to balance the need for identification with respect for privacy, by limiting the information disclosed to airlines or shipping companies.
Scope and Application
The Customs Regulations (Amendment) Statutory Rules 1986 No. 174 applies to owners of goods and agents acting on their behalf, as well as airlines and shipping companies that handle the transportation of these goods into Australia. This amendment specifically addresses concerns about the privacy implications of the current regulation, which requires detailed information on the authority for goods to be inscribed on or attached to the entry. The amendment modifies Regulation 23AA to allow for the use of a 'skeleton' copy of the entry, which includes only the necessary particulars to identify the goods, thus mitigating privacy concerns. This change ensures that sensitive information is not unnecessarily disclosed to carriers while still enabling the efficient processing of goods entry into Australia. The regulations are applicable nationwide, reflecting the federal oversight of customs and border control in Australia. The amendment does not introduce new exclusions or exemptions but aims to refine the existing requirements to balance regulatory needs with privacy considerations.
Key Provisions
The main operative sections of this amendment to the Customs Regulations concern the authority required for the importation of goods into Australia under the Customs Act 1901. Specifically, Regulation 23AA is amended to allow for the importation of goods with an entry attached to, or inscribed on, a prescribed document (Section 23AA(2)). This prescribed document can be a copy of the Customs entry, a copy of the entry in abridged form, or a ‘commercial document’ as defined in Section 38B of the Act (Section 23AA(2)(a)-(c)). This change addresses the concerns of goods owners and their agents regarding privacy by limiting the information provided to airlines or shipping companies to only that which is necessary for the identification of the goods.
The obligations imposed by this amendment are primarily on the Customs Service and the parties involved in the importation of goods. The Customs Service is required to allow goods to be imported with an entry attached to, or inscribed on, a prescribed document, ensuring that only the necessary information is provided for identification purposes. Owners of goods and their agents must ensure that the entry attached to the prescribed document is accurate and complete to the extent required for identification. They must also ensure that any commercial documents used meet the criteria specified in Section 38B of the Act and have been delivered to a Collector in accordance with the same section.
There are no explicit offences, penalties, or civil/criminal consequences stated in the explanatory statement for breaches of this regulation. However, any failure to comply with the requirements of Regulation 23AA, such as providing incorrect or incomplete information on the prescribed document, could potentially lead to delays or refusal of entry for the goods. Additionally, if an entry is found to be misleading or incorrect upon inspection, it could result in further scrutiny or penalties under other provisions of the Customs Act 1901. The precise consequences would depend on the nature and extent of the breach, but could include fines or other enforcement actions taken by the Customs Service.