Explanatory Memorandum
(Circulated by authority of the Minister for Home Affairs, the Honourable Bob Debus MP)SCHEDULE 8 - POWER TO REQUEST AIRCRAFT TO LAND
Customs Act 1901
Background
137. Section 184D of Part XII of Division 1 of the Customs Act provides that the commander of a Commonwealth aircraft may request, in the circumstances set out in subsection 184D(3), for the pilot of an aircraft over Australia or an Australian aircraft not over a foreign country to land at the nearest airport or at the nearest suitable landing field in Australia. The request to land is made so that the aircraft can be boarded for the purposes of the Customs Act.
138. Subsection 184D(3) provides that the request to land may be made if the aircraft fails to identify itself if requested to do so under subsection 184D(2) or the commander reasonably suspects that the aircraft is, or has been, involved in a contravention or attempted contravention of the Customs Act or section 72.13 or Division 307 of the Criminal Code . Failure to comply with the request to land, unless the pilot of the aircraft has a reasonable excuse, is an offence to which up to 2 years imprisonment applies.
139. As the current circumstances that a request to land can be made are limited, section 184D is to be amended to include two new circumstances in which the request to land can be made. The two new circumstances are where an aircraft over Australia or an Australian aircraft not over a foreign country is suspected of carrying goods that are related to the carrying out of a terrorist act or the existence of the shipment of the goods prejudices, or is likely to prejudice, Australia's defence and security or international peace and security.
Item 1 - At the end of subsection 184D(3)
140. This item amends subsection 184D(3) of the Customs Act by inserting a new paragraph into that subsection. New paragraph 184D(3)(c) provides that the commander of a Commonwealth aircraft may request the pilot of an aircraft over Australia or an Australian aircraft not over a foreign country to land the aircraft at the nearest airport or at the nearest suitable landing field in Australia if the commander reasonably suspects that the other aircraft is carrying goods that are either or both: 1) connected, whether directly or indirectly, with the carrying out of a terrorist act, whether a terrorist act has occurred, is occurring, or is likely to occur; or 2) the existence of the shipment of the goods prejudices, or is likely to prejudice, Australia's defence or security or international peace and security.
141. The term 'Australian aircraft' is defined in subsection 184D(7) of the Customs Act. The term 'terrorist act' is defined in section 183 of the Customs Act for the purposes of Division 1 of Part XII. Division 1 of Part XII of the Customs Act includes section 184D.