2002

THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA

SENATE

CUSTOMS LEGISLATION AMENDMENT BILL (NO. 1) 2002

SUPPLEMENTARY EXPLANATORY MEMORANDUM
(Amendments to be moved on behalf of the Government)

(Circulated by authority of the Minister for Justice and Customs,
 Senator the Hon Christopher Martin Ellison)

CUSTOMS LEGISLATION AMENDMENT BILL (NO. 1) 2002

OUTLINE

Schedule 1 to the Customs Legislation Amendment Bill (No. 1) 2002 (the Bill) in Part, amends a number of offences in the Customs Act 1901 (the Customs Act) to ensure consistency with the Criminal Code.  

As a consequence of the application of the Criminal Code, it is necessary to ensure that provisions creating offences of strict liability expressly provide that an offence is a strict liability offence.  Schedule 1 proposes to amend a number of Customs offences that are strict liability offences so that it is expressly stated that they are strict liability offences.  This will ensure that after the application of the Criminal Code they will continue to be strict liability offences.

Item 6 of Schedule 1 to the Bill proposes to amend section 19 of the Customs Act to expressly state that the offence in section 19 is a strict liability offence.

The purpose of the amendment is to remove the amendment to section 19 so that the offence in that section will not be stated to be strict liability.

FINANCIAL IMPACT STATEMENT

The amendments have no financial impact.

CUSTOMS LEGISLATION AMENDMENT BILL (NO. 1) 2002

NOTES ON AMENDMENTS

Amendment (1)
This amendment would omit item 6 of Schedule 1 to the Bill as introduced.  Item 6 proposes to make the offence in section 19 an offence of strict liability.  Under section 19 a wharf-owner or airport owner commits an offence if they do not provide suitable office accommodation (to the satisfaction of the Collector) for the exclusive use of Customs officers employed at those places.  Further, they must provide such shed accommodation for the protection of goods as the CEO may in writing declare to be requisite.

Therefore in a prosecution for an offence against this section, the prosecution must prove intention on the part of the wharf-owner or airport owner.