Explanatory Memorandum
(Circulated by authority of the Minister for Justice and Customs, Senator the Honourable Chris Ellison)Schedule 8 - Customs Act detention
Proposed Item 1 proposes to replace subparagraph 219ZJC(1)(c)(ii) of the Customs Act to ensure that a person who is subject to other bail conditions which in effect prevent the person from leaving Australia may be detained. Such conditions may include that the person not approach a point of international departure, that he or she surrender his or her passport or that the person not leave a State or Territory. Currently, there is a risk that a person may only be able to be detained if the person's bail was subject to the specific condition that the person not leave Australia.
Proposed Item 1 would ensure that a person subject to any bail condition (however expressed) that, if complied with, prevents the person from leaving Australia would be able to be detained under subsection 219ZJC(1) if they were in a designated place and an officer had reasonable grounds to suspect that the person intends to leave the designated place.