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2002
THE PARLIAMENT OF THE
COMMONWEALTH OF
AUSTRALIA
SENATE
CUSTOMS LEGISLATION
AMENDMENT BILL (NO. 1) 2002
SUPPLEMENTARY EXPLANATORY
MEMORANDUM
(Amendments to be moved on behalf of the
Government)
(Circulated by authority of the Minister for
Justice and Customs,
Senator the Hon Christopher Martin Ellison)
CUSTOMS LEGISLATION AMENDMENT BILL (NO. 1)
2002
OUTLINE
Schedule 1 to the Customs Legislation
Amendment Bill (No. 1) 2002 (the Bill) in Part, amends a number of offences in
the Customs Act 1901 (the Customs Act) to ensure consistency with the
Criminal Code.
As a consequence of the application of the
Criminal Code, it is necessary to ensure that provisions creating
offences of strict liability expressly provide that an offence is a strict
liability offence. Schedule 1 proposes to amend a number of Customs offences
that are strict liability offences so that it is expressly stated that they are
strict liability offences. This will ensure that after the application of the
Criminal Code they will continue to be strict liability offences.
Item 6
of Schedule 1 to the Bill proposes to amend section 19 of the Customs Act to
expressly state that the offence in section 19 is a strict liability
offence.
The purpose of the amendment is to remove the amendment to
section 19 so that the offence in that section will not be stated to be strict
liability.
FINANCIAL IMPACT STATEMENT
The amendments have
no financial impact.
CUSTOMS LEGISLATION AMENDMENT BILL (NO. 1)
2002
NOTES ON AMENDMENTS
Amendment (1)
This amendment would omit item 6 of Schedule 1 to the Bill as introduced.
Item 6 proposes to make the offence in section 19 an offence of strict
liability. Under section 19 a wharf-owner or airport owner commits an offence
if they do not provide suitable office accommodation (to the satisfaction of the
Collector) for the exclusive use of Customs officers employed at those places.
Further, they must provide such shed accommodation for the protection of goods
as the CEO may in writing declare to be requisite.
Therefore in a
prosecution for an offence against this section, the prosecution must prove
intention on the part of the wharf-owner or airport owner.