Law Enforcement Integrity Legislation Amendment Commencement Proclamation 2013

Overview

The Law Enforcement Integrity Legislation Amendment Act 2012 was enacted to address integrity issues within the Australian Customs and Border Protection Service, ensuring that its framework aligns with other Commonwealth law enforcement agencies. The Act was passed by the Australian Parliament and received Royal Assent on 12 December 2012. The primary objective of this legislation, as outlined in the explanatory statement issued by the Minister for Home Affairs, is to enhance the integrity of the Customs and Border Protection Service through amendments to the Customs Administration Act 1985. This is achieved by providing the Chief Executive Officer of Customs with specific powers to manage suspected corrupt conduct effectively. These powers include the ability to declare that an employee's termination was due to serious misconduct, the authority to conduct mandatory drug and alcohol testing, and the capacity to issue orders regarding the control of Customs and Border Protection, including mandatory reporting requirements. The Act aims to ensure that the integrity framework of the Customs and Border Protection Service is robust and consistent with other law enforcement agencies, thereby maintaining public trust and confidence in the service.

Scope and Application

The Law Enforcement Integrity Legislation Amendment Act 2012 applies to the Australian Customs and Border Protection Service, which is part of the broader Commonwealth law enforcement agencies, with the intent to strengthen the integrity of these services and harmonise their integrity frameworks. The Act, particularly through its Schedule 2, grants the Chief Executive Officer of Customs specific powers to address suspected corrupt conduct effectively, including the authority to declare terminations of employment for serious misconduct, to enforce mandatory drug and alcohol testing for Customs and Border Protection workers, and to issue orders concerning the control of Customs and Border Protection, including mandatory reporting requirements. The geographic reach of the Act is national, impacting all Customs and Border Protection Service personnel across Australia. The Proclamation issued under the Act fixes 15 February 2013 as the commencement date for Schedule 2, ensuring these legislative changes are implemented within six months of the Act receiving Royal Assent on 12 December 2012. The Proclamation itself is a legislative instrument under the Legislative Instruments Act 2003, thereby solidifying its legal standing and effect.

Key Provisions

The primary sections of the Law Enforcement Integrity Legislation Amendment Act 2012 (section 2(1)) establish that Schedule 2 of the Act will commence on a date determined by Proclamation. This commencement is subject to a maximum period of six months from the date of Royal Assent. As the Act received Royal Assent on 12 December 2012, Schedule 2 was proclaimed to commence on 15 February 2013. Schedule 2 of the Act introduces significant amendments to the Customs Administration Act 1985, aimed at enhancing the integrity of the Australian Customs and Border Protection Service and ensuring consistency with the integrity frameworks of other Commonwealth law enforcement agencies. Under the amended Customs Administration Act 1985, the Chief Executive Officer of Customs is granted three pivotal powers to address suspected corrupt conduct within the agency. Firstly, the Act empowers the Chief Executive Officer to declare that the termination of a worker's employment was due to serious misconduct (Schedule 2, Part 1). This declaration provides a formal mechanism to address and substantiate allegations of misconduct within the agency. Secondly, the Act mandates drug and alcohol testing for Customs and Border Protection workers (Schedule 2, Part 2). This testing is intended to ensure that employees are not under the influence of substances that could impair their duties and compromise the integrity of the agency. Lastly, the Act allows the Chief Executive Officer to make orders concerning the control of Customs and Border Protection workers, including mandatory reporting requirements (Schedule 2, Part 3). These orders are designed to maintain high standards of conduct and accountability among agency personnel. The Law Enforcement Integrity Legislation Amendment Act 2012 imposes specific obligations on the Chief Executive Officer of Customs. These obligations include the responsibility to make informed declarations regarding the termination of employment due to serious misconduct, to enforce mandatory drug and alcohol testing protocols, and to issue orders that enforce control measures and reporting requirements. Compliance with these obligations is essential to uphold the integrity of the Australian Customs and Border Protection Service and to align its practices with those of other Commonwealth law enforcement agencies. Failure to comply with the provisions of the amended Customs Administration Act 1985 may result in civil or criminal consequences. The Act does not explicitly detail the specific offences or penalties for non-compliance; however, such breaches may be addressed under existing provisions of the Customs Administration Act 1985 or other relevant legislation. The potential penalties for non-compliance could include fines, imprisonment, or other sanctions as determined by the applicable laws. It is crucial for the Chief Executive Officer and all relevant personnel to adhere to the integrity measures established by the Act to avoid any adverse legal consequences.