Explanatory Memorandum
(Circulated by authority of the Minister for Home Affairs, the Honourable Bob Debus MP)Schedule 1 - Amendment of the Customs Administration Act 1985
Item 1 - Title
This item amends the Long Title of the Customs Administration Act 1985 (the Act) by omitting the phrase "to establish an Australian Customs Service" and substituting the phrase "to provide for an Australian Customs and Border Protection Service". The amended Long Title of the Act would read "An Act to provide for an Australian Customs and Border Protection Service, and for purposes connected therewith".
Item 2 - Subsection 4(1)
This item repeals and substitutes subsection 4(1) of the Act.
New subsection 4(1) provides that the agency known immediately before the commencement of new subsection 4(1) as the Australian Customs Service is continued in existence with the new name, the Australian Customs and Border Protection Service. The effect of new subsection 4(1) is that the Australian Customs Service, which was established under the previous subsection 4(1) of the Act, is continued in existence with its new name.
The heading to section 4 of the Act is also amended by inserting the words "and Border Protection" after "Australian Customs". Therefore, the heading will now read "Australian Customs and Border Protection Service" in place of "Australian Customs Service".
Item 3 - Subsection 4(2), (3) and (4)
Item 5 - Subsection 4A(1)
Item 6 - Section 16 (including the example)
Item 7 - Subsection 17(1)
These items amend subsections 4(2), (3) and (4), subsection 4A(1), section 16 and subsection 17(1) of the Act by inserting the words "and Border Protection" after "Australian Customs" as a consequence of the amendment in item 2. Therefore, these provisions will now refer to "the Australian Customs and Border Protection Service" in place of "the Australian Customs Service".
Item 4 - After section 4
This item amends the Act by inserting new section 4AA, which sets out a meaning of "Customs" when that term is used in any Commonwealth Act. New section 4AA provides that in any Act, unless the contrary intention appears, the term Customs means the agency continued in existence under new subsection 4(1) of the Act.
In Schedule 2 to the Bill, several Commonwealth Acts are being amended by replacing references to the "Australian Customs Service" in these Acts with "Customs". By virtue of new section 4AA, these references will be references to the Australian Customs and Border Protection Service as this is the agency continued in existence under new subsection 4(1) of the Act.