House of Representatives

Explanatory Memorandum

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

CUSTOMS LEGISLATION AMENDMENT (NAME CHANGE) BILL 2009

OUTLINE

The purpose of this Bill is to amend the Customs Administration Act 1985 to rename the Australian Customs Service as the Australian Customs and Border Protection Service. The Bill will also amend 24 other Commonwealth Acts, including the Customs Act 1901 , to replace references to the "Australian Customs Service" in these Acts with "Customs". The Bill will also update the wording used on the Customs seal to refer to "Customs and Border Protection".

On 4 December 2008, the Prime Minister issued the first National Security Statement. This Statement sets out the national security challenges facing Australia into the future, and a comprehensive approach proposed to be adopted to respond to those challenges.

One of the challenges highlighted in the Statement is transnational crime, such as trafficking in persons, drugs and arms, and people smuggling, which involves the organised, unauthorised arrival of people by boat to Australia. Presently, the Australian Customs Service performs a significant role in addressing people smuggling. However, the Prime Minister expressed concern that the current arrangements in relation to addressing this issue involve a wide range of government agencies but lack unified control and direction, and a single point of accountability.

The Government has decided therefore to put in arrangements to better enable the existing Australian Customs Service to meet this resurgent threat to border integrity. As part of these arrangements, the Australian Customs Service is to be re-named the Australian Customs and Border Protection Service. This new name will reflect the Australian Customs Service's proposed new capabilities to task and analyse intelligence, coordinate surveillance and on-water response, and engage internationally with source and transit countries to comprehensively address and deter people smuggling.

FINANCIAL IMPACT STATEMENT

The measures in this Bill have no financial impact.

NOTES ON CLAUSES

Clause 1 - Short title

This clause provides for the Bill, when enacted, to be cited as the Customs Legislation Amendment (Name Change) Act 2009 .

Clause 2 - Commencement

This clause provides for the Bill to commence on the day after it receives the Royal Assent.

Clause 3 - Schedules

This clause is the formal enabling provision for the Schedule to the Bill, providing that each Act specified in a Schedule is amended in accordance with the applicable items of the Schedule.

The clause also provides that the other items of the Schedules have effect according to their terms. This is a standard enabling clause for transitional, savings and application items in amending legislation.