Explanatory Memorandum
(Circulated by authority of the Minister for Immigration and Border Protection the Honourable Peter Dutton MP)Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
CUSTOMS AMENDMENT (CHINA-AUSTRALIA FREE TRADE AGREEMENT IMPLEMENTATION) BILL 2015
This Bill is compatible with the human rights and freedoms recognised or declared in the international instruments listed in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Overview of the Bill
The Customs Amendment (China-Australia Free Trade Agreement Implementation) Bill 2015 (the Bill) amends the Customs Act 1901 (the Customs Act) to introduce new rules of origin for goods that are imported into Australia from China to give effect to the China-Australia Free Trade Agreement. The Customs Act amendments will enable goods that satisfy the rules of origin to enter Australia at preferential rates of customs duty.
Human rights implication
Right to privacy
The Bill will impose record keeping obligations on exporters of goods to China who claim the goods are Australian originating for the purpose of obtaining a preferential tariff treatment in China. This will include a requirement for that person to produce those records when asked by an authorised officer. An authorised officer may disclose these records to a Chinese customs official for the purpose of verifying a preferential tariff in China.
The record keeping requirements reflect the terms of the Agreement and will allow Australia to verify the origin of goods for which preferential tariff treatment is claimed in China. This may include the collection and disclosure of personal information for limited purposes.
Although the Bill will engage the right to privacy where it involves the collection and disclosure of personal information, this collection and disclosure is for the limited purpose of verifying a claim made by a person for preferential tariff treatment. Verification of the eligibility for preferential treatment is required under the Agreement and the possible collection and disclosure of personal information here is justified and reasonable.
Further, the collection and disclosure of personal information is protected under Australian law and the existing protections will not be altered in any way by the Bill.
Conclusion
The Bill is compatible with human rights.
MINISTER FOR IMMIGRATION AND BORDER PROTECTION,
THE HONOURABLE PETER DUTTON MP
CUSTOMS AMENDMENT (CHINA-AUSTRALIA FREE TRADE AGREEMENT IMPLEMENTATION) BILL 2015