Border Security Legislation Amendment Act 2002 (64 of 2002)

Schedule 2   Information about people working in restricted areas or issued with security identification cards

Customs Act 1901

1   After Subdivision H of Division 1 of Part XII

Insert:

Subdivision HA - Information about people working in restricted areas or issued with security identification cards

213A Providing Customs with information about people working in restricted areas

(1) A person who employs or engages a restricted area employee must, within 7 days after doing so, provide to an authorised officer the required identity information in respect of the employee.

(2) If a person (the employer ):

(a) employs or engages another person after the commencement of this section; and

(b) at a later time the other person becomes a restricted area employee of the employer;

the employer must, within 7 days after that later time, provide to an authorised officer the required identity information in respect of the employee.

(3) If:

(a) a person (the employer ) employed or engaged another person before the commencement of this section; and

(b) the other person is a restricted area employee of the employer; and

(c) an authorised officer suspects on reasonable grounds that the other person has committed, or is likely to commit, an offence against a law of the Commonwealth;

the authorised officer may, in writing, request the employer to provide to the authorised officer, within 7 days after receiving the request, the required identity information in respect of the employee. The employer must comply with the request.

(4) A person does not comply with an obligation under subsection (1), (2) or (3) to provide information unless the person provides the information:

(a) in writing; or

(b) in such other form as the CEO determines in writing.

(5) A person commits an offence if the person fails to comply with subsection (1), (2) or (3).

Penalty: 30 penalty units.

(6) Subsection (5) is an offence of strict liability.

Note: For strict liability , see section 6.1 of the Criminal Code.

(7) In this section:

required identity information , in relation to a person, means any one or more of the following:

(a) the name and address of the person;

(b) the person’s date and place of birth;

(c) any other information prescribed by the regulations.

restricted area employee means a person whose duties include working in an area covered by a notice under subsection 234AA(3), but does not include a person who is issued with a security identification card.

security identification card means a card of a kind specified in the regulations.

213B Providing Customs with information about people issued with security identification cards

(1) A person who issues a security identification card to another person in respect of an airport appointed under section 15 must, within 7 days after doing so, provide to an authorised officer the required identity information in respect of the person.

(2) If:

(a) before the commencement of this section, a person issued a security identification card to another person in respect of an airport appointed under section 15; and

(b) an authorised officer suspects on reasonable grounds that the other person has committed, or is likely to commit, an offence against a law of the Commonwealth;

the authorised officer may, in writing, request the person who issued the card to provide to the authorised officer, within 7 days after receiving the request, the required identity information in respect of the other person. The person so requested must comply with the request.

(3) A person does not comply with an obligation under subsection (1) or (2) to provide information unless the person provides the information:

(a) in writing; or

(b) in such other form as the CEO determines in writing.

(4) In this section:

required identity information has the meaning given by section 213A.

security identification card has the meaning given by section 213A.


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