House of Representatives

Explanatory Memorandum

(Circulated by authority of the Minister for Home Affairs, the Honourable Bob Debus MP)

Schedule 2 - Amendment of other Acts

ACIS Administration Act 1999

Item 1

This item amends subsection 115(2) and (3) of the ACIS Administration Act 1999 by omitting the references to "the Australian Customs Service" and substituting references to "Customs".

Air Services Act 1999

Item 2

This item amends the definition of authority of the Commonwealth in subsection 3(1) of the Air Services Act 1999 by repealing paragraph (b) which refers to "the Australian Customs Service", and substituting new paragraph (b) which refers to "Customs".

A New Tax System (Goods and Services Tax) Act 1999

Item 3

This items amends paragraph 117-5(1)(a) of the A New Tax System (Goods and Services Tax) Act 1999 by omitting the reference to "the Australian Customs Service" and substituting a reference to "Customs".

A New Tax System (Wine Equalisation Tax) Act 1999

Item 4

This item amends section 33-1 of the A New Tax System (Wine Equalisation Tax) Act 1999 by repealing the definition of Customs which refers to the Australian Customs Service, and substituting a new definition of Customs which refers to the agency continued in existence under subsection 4(1) of the Customs Administration Act 1985 .

Anti-Money Laundering and Counter-Terrorism Financing Act 2006

Item 5

This item amends the definition of designated agency in section 5 of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 by repealing paragraph (e) which refers to "the Australian Customs Service", and substituting new paragraph (e) which refers to "Customs".

Australian Crime Commission Act 2002

Items 6 and 7

These items amend the Australian Crime Commission Act 2002 by:

(a)

amending paragraph (c) of the definition of eligible Commonwealth Board member in subsection 4(1) by omitting the reference to "the Australian Customs Service", and substituting a reference to "Customs"; and

(b)

amending paragraph 7B(2)(c) by omitting the reference to "the Australian Customs Service", and substituting a reference to "Customs".

Australian Nuclear Science and Technology Organisation Act 1987

Item 8

This item amends the definition of law enforcement agency in subsection 3(1) of the Australian Nuclear Science and Technology Organisation Act 1987 by repealing paragraph (c) which refers to "the Australian Customs Service", and substituting new paragraph (c) which refers to "Customs".

Australian Postal Corporation Act 1989

Items 9, 10 and 11

These items amend the Australian Postal Corporation Act 1989 by:

(a)

amending the definition of compliance agency in section 90E by repealing paragraph (a) which refers to "the Australian Customs Service", and substituting new paragraph (a) which refers to "Customs"; and

(b)

amending subsection 90T(8) by omitting the reference to "the Australian Customs Service established under the Customs Administration Act 1985 ", and substituting a reference to "Customs"; and

(c)

amending subsection 90V(2A) by omitting the reference to "the Australian Customs Service", and substituting a reference to "Customs".

Australian Sports Anti-Doping Authority Act 2006

Items 12 and 13

These items amend paragraphs 71(2)(f) and 72(2)(f) of the Australian Sports Anti-Doping Authority Act 2006 by omitting the references to "the Australian Customs Service", and substituting references to "Customs".

Civil Aviation Act 1988

Item 14

This item amends the definition of authority of the Commonwealth in subsection 3(1) of the Civil Aviation Act 1988 by repealing paragraph (b) which refers to "the Australian Customs Service", and substituting new paragraph (b) which refers to "Customs".

Crimes Act 1914

Items 15 to 19

These items amend the Crimes Act 1914 by:

(a)

amending the definition of law enforcement officer in subsection 3(1) by repealing paragraph (d) which refers to "an officer of the Australian Customs Service", and substituting new paragraph (d) which refers to "an officer of Customs"; and

(b)

amending subparagraph and 15N(2)(c)(iv) and section 15Q by omitting the references to "the Australian Customs Service", and substituting references to "Customs"; and

(c)

amending the definition of Commonwealth participating agency in subsection 15XA(1) by repealing paragraph (b) which refers to "the Australian Customs Service", and substituting new paragraph (b) which refers to "Customs"; and

(d)

amending the definition of law enforcement agency in section 85ZL by repealing paragraph (ba) which refers to "the Australian Customs Service", and substituting new paragraph (ba) which refers to "Customs".

Criminal Code Act 1995

Item 20

This item amends paragraph (e) of the definition of Commonwealth law enforcement officer in section 146.1 of the Criminal Code Act 1995 by omitting the references to "the Australian Customs Service", and substituting references to "Customs".

Customs Act 1901

Items 21, 22, 23 and 24

These items amend the Customs Act 1901 by:

(a)

repealing the definition of Customs in subsection 4(1) as a consequence of new section 4AA of the Act; and

(b)

Omitting the reference to "H.M. Customs" paragraph 13(2)(b) and substituting "Customs and Border Protection". Subsection 13(2) sets out the details that must be included in the design of the Customs seal and these details are to be updated to reflect the new name of the Australian Customs and Border Protection Service; and

(c)

amending subsection 64ACB(8) and the note to subsection 273GAB(1) by omitting the references to "the Australian Customs Service", and substituting references to "Customs".

Environment Protection (Sea Dumping) Act 1981

Items 25 to 29

These items amend the Environment Protection (Sea Dumping) Act 1981 by:

(a)

amending the definition of inspector in subsection 4(1) by omitting the reference in paragraph (b) to" the Australian Customs Service", and substituting a reference to "Customs"; and

(b)

amending paragraph 27(b) and subsections 28(1), 29(6), 29(7) and 32(2) by omitting all references to "the Australian Customs Service", and substituting references to "Customs".

Evidence Act 1995

Item 30

This item amends the definition of Commonwealth document in the Dictionary at the end of the Evidence Act 1995 by omitting the reference to "the Australian Customs Service" in subparagraph (b)(i), and substituting a reference to "Customs".

Excise Act 1901

Items 31, 32 and 33

These items amend the Excise Act 1901 by:

(a)

repealing the definition of The Customs in subsection 4(1) as a consequence of new section 4AA of the Act; and

(b)

amending subsections 24(2), 24(3) and paragraph (a) of the definition of officer of Customs in subsection 61E(1) by omitting the references to "the Customs" and substituting with references to "Customs".

Fisheries Management Act 1991

Item 34

This item amends subsection 167B(2) of the Fisheries Management Act 1991 by omitting the reference to "the Australian Customs Service (Customs)" and substituting a reference to "Customs".

Hazardous Waste (Regulation of Imports and Exports) Act 1989

Item 35

This item amends the note to subsection 42(3) of the Hazardous Waste (Regulation of Imports and Exports) Act 1989 by omitting the reference to "the Australian Customs Service" and substituting a reference to "Customs".

Horticulture Marketing and Research and Development Services Act 2000

Item 38

This item amends the note to section 26A of the Horticulture Marketing and Research and Development Services Act 2000 by omitting the reference to "the Australian Customs Service" and substituting a reference to "Customs".

Imported Food Control Act 1992

Item 37

This items amends the Imported Food Control Act 1992 by repealing the definition of Customs in subsection 3(1) as a consequence of new section 4AA of the Act.

Maritime Transport and Offshore Facilities Security Act 2003

Items 38 to 41

These items amend the Maritime Transport and Offshore Facilities Security Act 2003 by:

(a)

repealing paragraphs 9(2)(b) and 9(3)(b) which contain references to "the Australian Customs Service", and substituting new paragraphs which refer to "Customs"; and

(b)

amending the notes to the definitions of maritime industry participant and offshore industry participant in section 10 by omitting the references to "the Australian Customs Service", and substituting references to "Customs".

Migration Act 1958

Item 42

This item amends subsection 245L(6) of the Migration Act 1958 by omitting the reference to "the Australian Customs Service" and substituting a reference to "Customs". The heading to this subsection will also be amended to remove the reference to "Australian Customs Service".

National Health Act 1953

Item 43, 44 and 45

These items amend the National Health Act 1953 by:

(a)

amending the definitions of CEO of Customs and Customs documentation purposes in subsection 99ZH(1) by omitting the references to "the Australian Customs Service", and substituting references to "Customs"; and

(b)

amending subsection 99ZN(6) by omitting the reference to "the Australian Customs Service", and substituting a reference to "Customs".

Privacy Act 1988

Item 46

This item amends the definition of enforcement body in subsection 6(1) of the Privacy Act 1988 by repealing paragraph (c) which refers to "the Australian Customs Service", and substituting new paragraph (c) which refers to "Customs".