EXPLANATORY STATEMENT
Issued by the authority of the Minister for Home Affairs
Law Enforcement Integrity Legislation Amendment Act 2012
Proclamation
Subsection 2(1) of the Law Enforcement Integrity Legislation Amendment Act 2012 (the Act) provides that Schedule 2 to the Act commences on a single day to be fixed by Proclamation. However, if the provision(s) do not commence within the period of 6 months beginning on the day the Act receives the Royal Assent, they commence on the day after the end of that period.
The Act received Royal Assent on 12 December 2012.
The purpose of the proposed Proclamation is to fix 15 February 2013 as the day on which Schedule 2 to the Act commences.
Schedule 2 to the Act amends the Customs Administration Act 1985 to strengthen the integrity of the Australian Customs and Border Protection Service and align the integrity framework of that agency with those of other Commonwealth law enforcement agencies. Schedule 2 to the Act provides the Chief Executive Officer of Customs with three key capabilities to better deal with suspected corrupt conduct:
a. the power to make a declaration that the termination of the employment of a worker was for serious misconduct;
b. the power to undertake mandatory drug and alcohol testing of Customs and Border Protection workers; and
c. the power to make orders with respect to the control of Customs and Border Protection, including in relation to mandatory reporting requirements.
The Proclamation is a legislative instrument for the purposes of the Legislative Instruments Act 2003.
Authority: Subsection 2(1) of the Law Enforcement Integrity Legislation Amendment Act 2012