Commonwealth of Australia Explanatory Memoranda Commonwealth of Australia Explanatory Memoranda[Index] [Search] [Download] [Bill] [Help]
2019-2020
THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA
SENATE
CUSTOMS AMENDMENT (BANNING GOODS PRODUCED BY UYGHUR
FORCED LABOUR) BILL 2020
EXPLANATORY MEMORANDUM
(Circulated by authority of Senator Patrick)
CUSTOMS AMENDMENT (BANNING GOODS PRODUCED BY UYGHUR FORCED
LABOUR) BILL 2020
OUTLINE
The purpose of the Customs Amendment (Banning Goods Produced By Uyghur Forced
Labour) Bill 2020 is to ban the importation of goods from Xinjiang in the People's Republic
of China as well as goods from other parts of the People's Republic of China that are produced
in whole or part by forced labour.
The Australian Parliament has expressed strong support for international efforts to suppress
modern slavery. Consistent with that, the Parliament needs to take a strong stand against the
well documented human rights abuse of hundreds of thousands of Uyghur people in Xinjiang
Province in China.
The massive and systematic oppression of the Uyghur people by the Chinese Government is
undeniable. The exploitation of detained Uyghurs as a captive labour force is clear.
The use of forced labour is defined in the Bill by reference to the Criminal Code Act 1995
(Criminal Code).
The importation into Australia of any goods found to have been produced in Xinjiang, or
elsewhere in China by forced labour, will be subject to the penalties that apply to the
importation of other goods designated as prohibited imports by regulations made under the
Customs Act 1901 (Customs Act).
This Bill supports Australia's longstanding commitment to internationally recognised human
rights to freedom from slavery and forced labour such as in Article 8 of the International
Covenant on Civil and Political Rights and related international conventions against slavery
and forced labour.
1
NOTES ON CLAUSES
Clause 1: Short Title
1. This clause is a formal provision and specifies that the short title of the Act may be
cited as the Customs Amendment (Banning Goods Produced By Uyghur Forced Labour) Act
2020.
Clause 2: Commencement
2. This clause provides for the commencement of the whole of the Act to be the day after
this Act receives the Royal Assent.
Clause 3: Schedules
3. This clause states that legislation specified in the Schedule to this Act is amended or
repealed as is set out in the applicable items in the Schedule. Any other item in a Schedule to
this Act has effect according to its terms.
Schedule 1 - Amendments
Customs Act 1901
Item 1
4. Item 1 amends the heading of section 50 of the Customs Act to read: "Prohibition of
the importation of goods - general".
Item 2
5. Item 2 inserts after section 50 of the Customs Act a new section 50A which provides
for an absolute prohibition on the importation of goods produced or manufactured in the
Xinjiang Uyghur Autonomous Region of the People's Republic of China and goods produced
or manufactured in the People's Republic of China through the use of forced labour within the
meaning of the Criminal Code.
6. Section 270.6 of the Criminal Code defines forced labour as the condition of a person
(the victim) who provides labour or services if, because of the use of coercion, threat or
deception, a reasonable person in the position of the victim would not consider himself or
herself to be free to cease providing the labour or services, or to leave the place or area where
the victim provides the labour or services. The victim may be in a condition of forced labour
whether or not escape is practically possible for the victim, or the victim has attempted to
escape.
Item 3
7. Item 3 amends subsection 51(1) of the Customs Act to include reference to the new
section 50A, thereby providing that goods covered by that new section are prohibited imports
for the purposes of the Act.
2
Item 4
8. Item 4 adds an explanatory note at the end of section 153ZOA of the Customs Act
which sets out matters relating to Chinese originating goods, explaining that: "The importation
into Australia of goods produced or manufactured in the Xinjiang Uyghur Autonomous
Region of the People's Republic of China or through the use of forced labour is prohibited
absolutely (see section 50A).".
Item 5
9. Item 5 provides that the amendments made by the Schedule apply in relation to goods
imported into Australia on or after the commencement of the Schedule, which is the day after
this Act receives the Royal Assent.
3
Statement of Compatibility with Human Rights
Prepared in accordance with Part 3 of the Human Rights (Parliamentary Scrutiny) Act 2011
Customs Amendment (Banning Goods Produced By Uyghur
Forced Labour) Bill 2020
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
The purpose of the Customs Amendment (Banning Goods Produced By Uyghur Forced
Labour) Bill 2020 is to ban the importation of goods from Xinjiang Province in the People's
Republic of China, and goods from other parts of China that are produced in whole or part by
forced labour.
Human rights implications
The Bill supports human rights as it supports Australia's commitment to the right to freedom
from slavery and forced labour in Article 8 of the International Covenant on Civil and Political
Rights, as well as the International Convention to Suppress the Slave Trade and Slavery and
the Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions
and Practices Similar to Slavery.
The Bill will ban the importation of goods from Xinjiang and goods from other parts of China
that are produced in whole or part by forced labour. The extensive use of forced labour is part
of a wide pattern of gross human rights abuses against the Uyghur people by the Government
of the People's Republic of China.
Conclusion
This Bill is compatible with human rights as it supports human rights.
Senator Patrick
4