Explanatory Memorandum
(Circulated by authority of the Minister for Immigration and Border Protection, the Hon. Peter Dutton MP)Statement of compatibility with human rights
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
CUSTOMS AND OTHER LEGISLATION AMENDMENT BILL 2016
This Bill is compatible with 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
This Bill amends the Customs Act 1901 by:
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- Allowing the Governor-General to make regulations for the purposes of section 112 to permit the revocation of a licence or permission to export goods if the Defence Minister is satisfied that the exportation of the goods would prejudice the security, defence or international relations of Australia;
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- Removing the requirement in Part XA of the Customs Act that the Comptroller-General of Customs enter into an interim trusted trader agreement with an entity;
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- Allowing for the exemption from paying import declaration processing charge;
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- Extending the circumstances in which an application can be made to move, alter or interfere with goods for export that are subject to customs control;
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- Clarifying and simplifying the provisions concerning the making of tariff concession orders for made-to-order capital equipment; and
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- Removing unnecessary and outdated provisions.
The Bill amends the Commerce (Trade Descriptions) Act 1905 by providing that the regulations under that Act may prescribe penalties for offences against those regulations.
The Bill amends the Maritime Powers Act 2013 to confirm that the powers under that Act are able to be exercised in the course of passage through or over the waters of another country in a manner consistent with the United Nations Convention on the Law of the Sea, such as when a vessel is in the course of innocent passage, transit passage or archipelagic sea lanes passage.
Human rights implications
This legislative instrument does not engage, impact on, or limit in any way, the human rights and freedoms recognised or declared in the international instruments listed in the definition of human rights at section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011.
Conclusion
The Bill is compatible with human rights as it does not raise any human rights issues.
Minister for Immigration and Border Protection
the Honourable Peter Dutton MP