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Customs and Other Legislation
Amendment (Australian Border Force)
Act 2015
No. 41, 2015
Compilation No. 1
Compilation date: 1 July 2015
Includes amendments up to: Act No. 115, 2017
Registered: 10 November 2017
Prepared by the Office of Parliamentary Counsel, Canberra
About this compilation
This compilation
This is a compilation of the Customs and Other Legislation Amendment
(Australian Border Force) Act 2015 that shows the text of the law as amended
and in force on 1 July 2015 (the compilation date).
The notes at the end of this compilation (the endnotes) include information
about amending laws and the amendment history of provisions of the compiled
law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the
compiled law. Any uncommenced amendments affecting the law are accessible
on the Legislation Register (www.legislation.gov.au). The details of
amendments made up to, but not commenced at, the compilation date are
underlined in the endnotes. For more information on any uncommenced
amendments, see the series page on the Legislation Register for the compiled
law.
Application, saving and transitional provisions for provisions and
amendments
If the operation of a provision or amendment of the compiled law is affected by
an application, saving or transitional provision that is not included in this
compilation, details are included in the endnotes.
Editorial changes
For more information about any editorial changes made in this compilation, see
the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as
modified but the modification does not amend the text of the law. Accordingly,
this compilation does not show the text of the compiled law as modified. For
more information on any modifications, see the series page on the Legislation
Register for the compiled law.
Self-repealing provisions
If a provision of the compiled law has been repealed in accordance with a
provision of the law, details are included in the endnotes.
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Contents 1 Short title ...........................................................................................1
2 Commencement.................................................................................1
3 Schedules...........................................................................................3
Schedule 1—Amendments of Customs Act 4
Part 1—Amendments 4
Customs Act 1901 4
Part 2—Saving and transitional provisions 93
Schedule 2—Repeal of Customs Administration Act 136
Part 1—Repeals 136
Customs Administration Act 1985 136
Part 2—Consequential amendments 137
Commerce (Trade Descriptions) Act 1905 137
Horticulture Marketing and Research and Development Services Act
2000 137
Quarantine Act 1908 138
Part 3—Saving provisions 139
Schedule 3—Amendments of Migration Act 141
Migration Act 1958 141
Schedule 4—Amendments of Work Health and Safety Act 149
Work Health and Safety Act 2011 149
Schedule 5—Amendments of Acts referring to the Customs 152
Air Services Act 1995 152
A New Tax System (Wine Equalisation Tax) Act 1999 152
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 152
Australian Crime Commission Act 2002 153
Australian Nuclear Science and Technology Organisation Act 1987 153
Australian Postal Corporation Act 1989 154
Civil Aviation Act 1988 155
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Commerce (Trade Descriptions) Act 1905 155
Copyright Act 1968 156
Crimes Act 1914 156
Crimes (Currency) Act 1981 160
Criminal Code Act 1995 161
Customs Depot Licensing Charges Act 1997 161
Environment Protection and Biodiversity Conservation Act 1999 161
Evidence Act 1995 162
Excise Act 1901 162
Fisheries Management Act 1991 163
Hazardous Waste (Regulation of Exports and Imports) Act 1989 164
Imported Food Control Act 1992 164
Independent National Security Legislation Monitor Act 2010 165
Industrial Chemicals (Notification and Assessment) Act 1989 165
Major Sporting Events (Indicia and Images) Protection Act 2014 166
Maritime Transport and Offshore Facilities Security Act 2003 166
Migration Act 1958 167
National Health Act 1953 167
Navigation Act 2012 168
Offshore Petroleum and Greenhouse Gas Storage Act 2006 171
Olympic Insignia Protection Act 1987 172
Privacy Act 1988 172
Proceeds of Crime Act 2002 172
Protection of Movable Cultural Heritage Act 1986 173
Surveillance Devices Act 2004 173
Taxation Administration Act 1953 174
Telecommunications Act 1997 176
Telecommunications (Interception and Access) Act 1979 177
Torres Strait Fisheries Act 1984 178
Trade Marks Act 1995 178
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Schedule 6—Amendments of Acts referring to the CEO of
Customs 179
A New Tax System (Goods and Services Tax) Act 1999 179
Anti-Money Laundering and Counter-Terrorism Financing Act 2006 179
Australian Crime Commission Act 2002 181
Australian Jobs Act 2013 181
Clean Energy Regulator Act 2011 182
Commerce (Trade Descriptions) Act 1905 182
Copyright Act 1968 183
Crimes Act 1914 186
Criminal Code Act 1995 188
Customs Securities (Penalties) Act 1981 189
Customs Tariff Act 1995 189
Customs Undertakings (Penalties) Act 1981 190
Excise Act 1901 190
Financial Transaction Reports Act 1988 190
Fisheries Management Act 1991 191
Illegal Logging Prohibition Act 2012 192
Law Enforcement Integrity Commissioner Act 2006 192
Major Sporting Events (Indicia and Images) Protection Act 2014 194
Maritime Powers Act 2013 198
Narcotic Drugs Act 1967 199
National Health Act 1953 200
Olympic Insignia Protection Act 1987 201
Passenger Movement Charge Collection Act 1978 203
Proceeds of Crime Act 2002 204
Psychotropic Substances Act 1976 207
Taxation Administration Act 1953 207
Telecommunications (Interception and Access) Act 1979 208
Therapeutic Goods Act 1989 208
Trade Marks Act 1995 209
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Schedule 7—Amendments of Acts referring to the
Comptroller-General of Customs 214
Agricultural and Veterinary Chemicals (Administration) Act 1992 214
Remuneration and Allowances Act 1990 214
Schedule 8—Contingent amendments 215
Australian Border Force Act 2015 215
Biosecurity Act 2015 215
Customs Act 1901 215
Migration Act 1958 216
Telecommunications (Interception and Access) Act 1979 216
Schedule 9—Other application and transitional provisions 219
Endnotes 223
Endnote 1—About the endnotes 223
Endnote 2—Abbreviation key 225
Endnote 3—Legislation history 226
Endnote 4—Amendment history 227
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An Act to amend legislation relating to Customs
and other legislation in relation to the enactment of
the Australian Border Force Act 2015, and for
related purposes
1 Short title
This Act may be cited as the Customs and Other Legislation
Amendment (Australian Border Force) Act 2015.
2 Commencement
(1) Each provision of this Act specified in column 1 of the table
commences, or is taken to have commenced, in accordance with
column 2 of the table. Any other statement in column 2 has effect
according to its terms.
Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
1. Sections 1 to 3 The day this Act receives the Royal Assent. 20 May 2015
and anything in
this Act not
elsewhere covered
by this table
2. Schedules 1 to At the same time as the Australian Border 1 July 2015
7 Force Act 2015 commences.
3. Schedule 8, The later of: 16 June 2016
items 1 to 3 (a) immediately after the commencement of
the Australian Border Force Act 2015;
and
(paragraph (b)
applies)
(b) immediately after the commencement of
section 3 of the Biosecurity Act 2015.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
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Commencement information
Column 1 Column 2 Column 3
Provisions Commencement Date/Details
4. Schedule 8, The later of: 5 September
items 4 to 7 (a) the start of 1 July 2015; and 2015
(b) immediately after the commencement of
item 7 of Schedule 1 to the Crimes
(paragraph (b)
applies)
Legislation Amendment (Psychoactive
Substances and Other Measures) Act
2015.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
5. Schedule 8,
items 8 and 9
Immediately after the commencement of
item 13 of Schedule 6 to the
1 July 2015
Counter-Terrorism Legislation Amendment
(Foreign Fighters) Act 2014.
6. Schedule 8, The later of: 13 October 2015
items 10 to 13 (a) the start of 1 July 2015; and
(b) immediately after the commencement of
Schedule 2 to the Telecommunications
(paragraph (b)
applies)
(Interception and Access) Amendment
(Data Retention) Act 2015.
However, the provisions do not commence
at all if the event mentioned in paragraph (b)
does not occur.
7. Schedule 9 At the same time as the Australian Border
Force Act 2015 commences.
1 July 2015
Note: This table relates only to the provisions of this Act as originally
enacted. It will not be amended to deal with any later amendments of
this Act.
(2) Any information in column 3 of the table is not part of this Act.
Information may be inserted in this column, or information in it
may be edited, in any published version of this Act.
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3 Schedules
Legislation that is specified in a Schedule to this Act is amended or
repealed as set out in the applicable items in the Schedule
concerned, and any other item in a Schedule to this Act has effect
according to its terms.
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Schedule 1 Amendments of Customs Act
Part 1 Amendments
Schedule 1—Amendments of Customs Act
Part 1—Amendments
Customs Act 1901
1 Subsection 4(1)
Insert:
Australian Border Force Commissioner has the same meaning as
in the Australian Border Force Act 2015.
2 Subsection 4(1) (definition of authorised officer)
Repeal the definition, substitute:
authorised officer, in relation to a provision of this Act, means an
officer of Customs authorised under subsection (1AA) to exercise
the powers or perform the functions of an authorised officer under
that provision.
Note: See also subsection (1A).
3 Subsection 4(1) (definition of CEO)
Repeal the definition.
4 Subsection 4(1) (definition of commercial document)
Omit “Customs”, substitute “the Department or a Collector”.
5 Subsection 4(1) (definition of Commissioner)
Repeal the definition.
6 Subsection 4(1) (definition of Commission staff member)
Repeal the definition.
7 Subsection 4(1)
Insert:
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Amendments of Customs Act Schedule 1
Amendments Part 1
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
8 Subsection 4(1) (definition of export declaration)
Omit “Customs”, substitute “the Department”.
9 Subsection 4(1) (definition of import declaration)
Omit “Customs”, substitute “the Department”.
10 Subsection 4(1) (definition of Movement application)
Omit “Customs control”, substitute “customs control”.
11 Subsection 4(1) (definition of Officer)
Repeal the definition.
12 Subsection 4(1)
Insert:
officer means an officer of Customs.
13 Subsection 4(1) (definition of Officer of Customs)
Repeal the definition.
14 Subsection 4(1)
Insert:
officer of Customs means:
(a) the Secretary of the Department; or
(b) the Australian Border Force Commissioner (including in his
or her capacity as the Comptroller-General of Customs); or
(c) an APS employee in the Department; or
(d) a person authorised under subsection (1B) to exercise all the
powers and perform all the functions of an officer of
Customs; or
(e) a person who from time to time holds, occupies, or performs
the duties of an office or position (whether or not in or for the
Commonwealth) specified under subsection (1C), even if the
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office or position does not come into existence until after it is
so specified; or
(f) in relation to a provision of a Customs Act:
(i) a person authorised under subsection (1D) to exercise
the powers or perform the functions of an officer of
Customs for the purposes of that provision; or
(ii) a person who from time to time holds, occupies, or
performs the duties of an office or position (whether or
not in or for the Commonwealth) specified under
subsection (1E) in relation to that provision, even if the
office or position does not come into existence until
after it is so specified.
15 Subsection 4(1) (paragraph (c) of the definition of Prohibited goods)
Omit “the control of the Customs”, substitute “customs control”.
16 Subsection 4(1) (definition of self-assessed clearance declaration)
Omit “Customs”, substitute “the Department”.
17 Subsection 4(1) (definition of warehouse declaration)
Omit “Customs”, substitute “the Department”.
18 After subsection 4(1)
Insert:
(1AA) The Comptroller-General of Customs may, by writing, authorise an
officer of Customs to exercise the powers or perform the functions
of an authorised officer under a specified provision of this Act.
19 Paragraph 4(1A)(a)
Repeal the paragraph, substitute:
(a) the Comptroller-General of Customs gives an authorisation
under subsection (1AA); and
20 Paragraph 4(1A)(b)
Omit “sections”, substitute “provisions”.
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21 Before subsection 4(2)
Insert:
(1B) For the purposes of paragraph (d) of the definition of officer of
Customs in subsection (1), the Comptroller-General of Customs
may, by writing, authorise a person to exercise all the powers and
perform all the functions of an officer of Customs.
(1C) For the purposes of paragraph (e) of the definition of officer of
Customs in subsection (1), the Comptroller-General of Customs
may, by writing, specify an office or position (whether or not in or
for the Commonwealth).
(1D) For the purposes of subparagraph (f)(i) of the definition of officer
of Customs in subsection (1), the Comptroller-General of Customs
may, by writing, authorise a person to exercise the powers or
perform the functions of an officer of Customs for the purposes of
a specified provision of a Customs Act.
(1E) For the purposes of subparagraph (f)(ii) of the definition of officer
of Customs in subsection (1), the Comptroller-General of Customs
may, by writing, specify an office or position (whether or not in or
for the Commonwealth) in relation to a specified provision of a
Customs Act.
22 Subsections 4A(1) and (1A)
Omit “CEO”, substitute “Comptroller-General of Customs”.
23 Subsections 4C(1), (2) and (3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
24 Subsections 5A(1A), (2), (4) and (5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
25 Subsections 5B(1A), (2), (4) and (5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
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26 Section 7
Repeal the section, substitute:
7 General administration of Act
The Comptroller-General of Customs has the general
administration of this Act.
27 Section 8 (heading)
Repeal the heading, substitute:
8 Collectors, States and Northern Territory
28 Subsection 8(1)
Repeal the subsection, substitute:
(1) In this Act, a reference to the Collector, or to a Collector, is a
reference to:
(a) the Comptroller-General of Customs; or
(b) any officer doing duty in the matter in relation to which the
expression is used.
29 Section 8A
Omit “the Customs”, substitute “this Act”.
30 Section 13 (heading)
Repeal the heading, substitute:
13 Customs seal
31 Subsection 13(1)
Repeal the subsection, substitute:
(1) There is to be a seal, called the customs seal, the design of which
must be determined by the Comptroller-General of Customs.
32 Paragraph 13(2)(b)
Repeal the paragraph, substitute:
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(b) the words “Australia—Comptroller-General of Customs”.
33 Subsection 13(3)
Omit “Customs Seal shall”, substitute “customs seal must”.
34 Subsection 13(3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
35 Subsection 13(4)
Omit “Customs Seal shall”, substitute “customs seal must”.
36 Subsection 13(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
37 Subsections 13(5) and (6)
Repeal the subsections.
38 Subsection 13(7)
Omit “Customs Seal, or of the mark of a Customs stamp,”, substitute
“customs seal”.
39 Subsection 13(7)
Omit “or mark, as the case may be,”.
40 Section 14 (heading)
Repeal the heading, substitute:
14 Flag
41 Section 14
Omit “Customs”, substitute “Australian Border Force (within the
meaning of the Australian Border Force Act 2015)”.
42 Subsections 15(1), (1A) and (2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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43 Section 17
Repeal the section.
44 Section 19
Omit “CEO”, substitute “Comptroller-General of Customs”.
45 Subsections 20(1), (2) and (3)
Omit “a Customs officer”, substitute “an officer of Customs”.
46 Paragraph 20(4)(b)
Omit “Customs officers”, substitute “officers of Customs”.
47 Paragraph 20(5)(a)
Omit “a Customs officer”, substitute “an officer of Customs”.
48 Subsection 20(8) (subparagraph (b)(i) of the definition of waterfront area)
Omit “Customs control”, substitute “customs control”.
49 Section 27
Repeal the section.
50 Subsections 28(2) and (4)
Omit “Customs”, substitute “the Commonwealth”.
51 Subsection 30(1)
Omit “the control of the Customs”, substitute “customs control”.
52 Subsections 30A(2), (3), (4) and (5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
53 Section 31 (heading)
Repeal the heading, substitute:
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31 Goods on ships and aircraft subject to customs control
54 Section 31
Omit “the control of the Customs”, substitute “customs control”.
55 Section 33 (heading)
Repeal the heading, substitute:
33 Persons not to move goods subject to customs control
56 Paragraphs 33(1)(a), (2)(a), (3)(a), (5)(a) and (6)(a)
Omit “the control of Customs”, substitute “customs control”.
57 Subsection 33(8) (note 1)
Omit “Customs control” (wherever occurring), substitute “customs
control”.
58 Section 33A (heading)
Repeal the heading, substitute:
33A Resources installations subject to customs control
59 Subsection 33A(1)
Omit “the control of the Customs”, substitute “customs control”.
60 Subsection 33A(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
61 Subsection 33A(2)
Omit “the control of the Customs”, substitute “customs control”.
62 Subsection 33A(4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
63 Subsection 33A(4)
Omit “the control of Customs”, substitute “customs control”.
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64 Section 33B (heading)
Repeal the heading, substitute:
33B Sea installations subject to customs control
65 Subsection 33B(1)
Omit “the control of the Customs”, substitute “customs control”.
66 Subsection 33B(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
67 Subsection 33B(2)
Omit “the control of the Customs”, substitute “customs control”.
68 Subsection 33B(4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
69 Subsection 33B(4)
Omit “the control of the Customs”, substitute “customs control”.
70 Section 34
Omit “The Customs”, substitute “The Commonwealth”.
71 Section 34
Omit “the control of the Customs”, substitute “customs control”.
72 Section 35
Omit “the control of the Customs”, substitute “customs control”.
73 Subsection 35A(1)
Omit “the control of the Customs”, substitute “customs control”.
74 Paragraphs 35A(1A)(a) and (1B)(a)
Omit “the control of the Customs”, substitute “customs control”.
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75 Paragraphs 36(1)(a), (2)(a), (4)(a), (5)(a), (6)(a) and (7)(a)
Omit “the control of the Customs”, substitute “customs control”.
76 Subsection 42(1)
Omit “The Customs”, substitute “The Commonwealth”.
77 Subsection 42(1)
Omit “revenue of the Customs”, substitute “revenue”.
78 Subsection 42(1)
Omit “the control of the Customs”, substitute “customs control, an
officer of Customs”.
79 Subsections 42(1A) and (1B)
Omit “of the Customs”, substitute “of the Commonwealth”.
80 Paragraph 42(1B)(a)
After “Commissioner”, insert “(within the meaning of Part XVB)”.
81 Subsection 42(1C)
Omit “the Customs may”, substitute “the Commonwealth may”.
82 Subsections 42(1D) and (2)
Omit “of the Customs”, substitute “of the Commonwealth”.
83 Subsection 42(3)
Omit “rights of the Customs”, substitute “rights of the Commonwealth”.
84 Subsection 42(3)
Omit “behalf of the Customs”, substitute “behalf of the
Commonwealth”.
85 Section 44 (heading)
Repeal the heading, substitute:
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44 General securities may be given
86 Section 44
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
87 Section 45 (heading)
Repeal the heading, substitute:
45 Cancellation of securities
88 Subsection 45(1)
Omit “Customs”.
89 Subsection 45(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
90 Subparagraphs 45(3A)(a)(ii) and (b)(ii)
After “Commissioner”, insert “(within the meaning of Part XVB)”.
91 Section 46 (heading)
Repeal the heading, substitute:
46 New securities
92 Section 47 (heading)
Repeal the heading, substitute:
47 Form of security
93 Section 47
Omit “Customs”.
94 Section 48 (heading)
Repeal the heading, substitute:
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48 Effect of security
95 Subsection 48(1)
Omit “Customs”.
96 Subsection 48(2)
Omit “Customs” (first occurring).
97 At the end of paragraph 48(2)(a)
Add “or”.
98 Paragraph 48(2)(b)
Omit “the Customs”, substitute “the Commonwealth”.
99 Paragraph 58A(6)(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
100 Paragraph 58B(6)(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
101 Paragraph 60(2)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
102 Section 63A (paragraph (b) of the definition of notified premises)
Omit “CEO”, substitute “Comptroller-General of Customs”.
103 Subsections 64(2) and (4)
Omit “Customs”, substitute “the Department”.
104 Paragraph 64(9)(c)
Omit “Customs”, substitute “the Department”.
105 Subsection 64(11)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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106 Subsection 64AA(2)
Omit “Customs”, substitute “the Department”.
107 Subsection 64AA(3A)
Omit “CEO”, substitute “Comptroller-General of Customs”.
108 Subsection 64AA(5)
Omit “Customs”, substitute “the Department”.
109 Paragraph 64AA(6)(c)
Omit “Customs”, substitute “the Department”.
110 Subsection 64AA(8)
Omit “CEO”, substitute “Comptroller-General of Customs”.
111 Subsection 64AAA(2)
Omit “Customs”, substitute “the Department”.
112 Subsection 64AAA(3A)
Omit “CEO”, substitute “Comptroller-General of Customs”.
113 Paragraph 64AAA(5)(c)
Omit “Customs”, substitute “the Department”.
114 Subsection 64AAA(7)
Omit “CEO”, substitute “Comptroller-General of Customs”.
115 Section 64AAB (heading)
Repeal the heading, substitute:
64AAB Notifying Department of particulars of cargo reporters
116 Subsection 64AAB(2)
Omit “Customs”, substitute “the Department”.
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117 Subsection 64AAB(5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
118 Section 64AAC (heading)
Repeal the heading, substitute:
64AAC Report to Department of persons engaged to unload cargo
119 Subsection 64AAC(2)
Omit “Customs”, substitute “the Department”.
120 Subsection 64AAC(5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
121 Subsections 64AB(2) and (2A)
Omit “Customs”, substitute “the Department”.
122 Subsection 64AB(6)
Omit “CEO”, substitute “Comptroller-General of Customs”.
123 Subsections 64ABAA(1), (2) and (3)
Omit “Customs” (wherever occurring), substitute “the Department”.
124 Subsection 64ABAA(4)
Omit “to Customs”, substitute “to the Department”.
125 Subsection 64ABAA(6)
Omit “CEO”, substitute “Comptroller-General of Customs”.
126 Subsection 64ABAA(7)
Omit “The CEO or an officer”, substitute “An officer”.
127 Subsection 64ABAA(7)
Omit “to Customs”, substitute “to the Department”.
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128 Section 64ABAB (heading)
Repeal the heading, substitute:
64ABAB When outturn report is to be communicated to
Department
129 Subsections 64ABAB(1), (3) and (4)
Omit “to Customs”, substitute “to the Department”.
130 Subsection 64ACA(1)
Omit “Customs”, substitute “the Department”.
131 Subsection 64ACA(1) (note 1)
Omit “(and the obligation in subsection (11))”.
132 Subsection 64ACA(1) (note 2)
Omit “to the Migration Department”, substitute “under the Migration
Act 1958”.
133 Paragraphs 64ACA(2)(a) and (b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
134 Paragraph 64ACA(7)(e)
Omit “Customs”, substitute “the Department”.
135 Subsection 64ACA(9)
Omit “CEO”, substitute “Comptroller-General of Customs”.
136 Subsection 64ACA(11)
Repeal the subsection.
137 Subsection 64ACA(12)
Repeal the subsection, substitute:
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Purpose for which information obtained
(12) Information obtained by the Department under this section is taken
to be obtained by the Department for the purposes of the
administration of this Act, the Migration Act 1958, and any other
law of the Commonwealth prescribed by regulations for the
purposes of this subsection.
138 Subsection 64ACB(1)
Omit “Customs”, substitute “the Department”.
139 Subsection 64ACB(1) (note 1)
Omit “(and the obligation in subsection (8))”.
140 Subsection 64ACB(1) (note 2)
Omit “to the Migration Department”, substitute “under the Migration
Act 1958”.
141 Paragraph 64ACB(5)(e)
Omit “Customs”, substitute “the Department”.
142 Subsection 64ACB(7)
Omit “CEO”, substitute “Comptroller-General of Customs”.
143 Subsection 64ACB(8)
Repeal the subsection.
144 Subsection 64ACB(9)
Repeal the subsection, substitute:
Purpose for which information obtained
(9) Information obtained by the Department under this section is taken
to be obtained by the Department for the purposes of the
administration of this Act, the Migration Act 1958, and any other
law of the Commonwealth prescribed by regulations for the
purposes of this subsection.
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145 Section 64ACC (heading)
Repeal the heading, substitute:
64ACC Information does not have to be reported if it has already
been reported under the Migration Act 1958
146 Subsection 64ACE(1)
Omit “to Customs” (wherever occurring), substitute “to the
Department”.
147 Subsection 64ACE(1)
Omit “by Customs”, substitute “by an officer”.
148 Subsection 64ACE(2)
Omit “to Customs” (wherever occurring), substitute “to the
Department”.
149 Section 64ADAA (heading)
Repeal the heading, substitute:
64ADAA Requirements for communicating to Department
electronically
150 Section 64ADAA
Omit “Customs”, substitute “the Department”.
151 Subsection 64ADA(1)
Omit “The CEO or an officer”, substitute “An officer”.
152 Paragraph 64AF(1)(a)
Omit “CEO”, substitute “Comptroller-General of Customs”.
153 Subsection 65(1)
Omit “at the Customs house nearest to the place where the ship was lost
or wrecked or at the chief Customs house of the State where the ship
was lost or wrecked”.
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154 Subsection 65(2)
Omit “, as far as it may be possible for him or her to do so, at the
Customs House nearest to the place where the aircraft was lost or
wrecked”, substitute “so far as it may be possible for him or her to do
so”.
155 Subsection 67EB(1)
Omit “The CEO”, substitute “The Comptroller-General of Customs”.
156 Paragraph 67EB(1)(b)
Omit “Customs”, substitute “the Comptroller-General of Customs”.
157 Paragraph 67EB(1)(d)
Omit “CEO”, substitute “Comptroller-General of Customs”.
158 Paragraph 67EB(1)(e)
Omit “CEO’s opinion”, substitute “opinion of the Comptroller-General
of Customs”.
159 Subsection 67EB(2)
Omit “Customs”, substitute “the Comptroller-General of Customs”.
160 Subsection 67EB(3)
Omit “The CEO”, substitute “The Comptroller-General of Customs”.
161 Subparagraph 67EB(3)(d)(ii)
Omit “CEO”, substitute “Comptroller-General of Customs”.
162 Subsection 67EB(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
163 Subsection 67EC(4)
Omit “with Customs”, substitute “with the Department”.
164 Subsection 67EC(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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165 Subsections 67ED(1), (2), (3), (4) and (5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
166 Subsection 67EE(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
167 Paragraphs 67EF(1)(a) and (b)
Omit “Customs”, substitute “the Department”.
168 Subsection 67EF(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
169 Subsections 67EF(4) and (5)
Omit “Customs” (wherever occurring), substitute “an officer of
Customs”.
170 Paragraph 67EG(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
171 Paragraph 67EJ(a)
Omit “CEO”, substitute “Comptroller-General of Customs”.
172 Paragraph 67EK(1)(b)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
173 Subsections 67EK(4) to (12)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
174 Section 67EL (heading)
Repeal the heading, substitute:
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67EL Comptroller-General of Customs to allocate a special
identifying code for each special reporter
175 Section 67EL
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
176 Subsection 67EM(1)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
177 Paragraph 67EM(3)(b)
Omit “Customs”, substitute “the Comptroller-General of Customs”.
178 Paragraph 67EM(3)(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
179 Subsection 67EM(4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
180 Subsection 67EM(5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
181 Paragraphs 67EM(5)(a) and (b)
Omit “CEO’s decision” (wherever occurring), substitute “decision of
the Comptroller-General of Customs”.
182 Subsection 67EM(6)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
183 Subsections 67G(1), (2), (3) and (4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
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184 Subsections 67H(1), (2) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
185 Section 67I (heading)
Repeal the heading, substitute:
67I Obligation of re-mail reporters to notify Comptroller-General of
Customs of certain matters
186 Section 67I
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
187 Subsections 67J(1) and (2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
188 Subsections 67K(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
189 Subsections 68(3A) and (3B)
Omit “Customs”, substitute “the Department”.
190 Subsections 70(2) and (3)
Omit “apply to Customs”, substitute “apply to the Collector”.
191 Paragraph 70(3)(a)
Omit “Customs control”, substitute “customs control”.
192 Subsection 70(4)
Omit “an officer of Customs”, substitute “the Collector”.
193 Subsection 70(5)
Omit “Customs”, substitute “the Collector”.
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194 Subsection 70(6)
Omit “an officer of Customs”, substitute “the Collector”.
195 Paragraphs 70(7)(a) and (b)
Omit “Customs”, substitute “the Department”.
196 Subsection 70(8)
Omit “an officer of Customs”, substitute “the Collector”.
197 Subsection 70(8)
Omit “the officer”, substitute “the Collector”.
198 Subsection 70(9)
Omit “Customs”, substitute “the Department”.
199 Subsection 71(1)
Omit “Customs”, substitute “the Department”.
200 Subsections 71(2) and (3)
Omit “Customs”, substitute “A Collector”.
201 Subsections 71AAAB(2) and (3)
Omit “Customs”, substitute “a Collector”.
202 Subsection 71AAAB(4)
Omit “Customs”, substitute “A Collector”.
203 Paragraph 71AAAC(1)(a)
Omit “Customs”, substitute “a Collector”.
204 Subsections 71AAAF(1) and (2)
Omit “Customs”, substitute “the Department”.
205 Section 71AAAG (heading)
Repeal the heading, substitute:
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71AAAG Collector’s response if a self-assessed clearance
declaration is communicated separately from a cargo
report
206 Subsection 71AAAG(1)
Omit “to Customs”, substitute “to the Department”.
207 Subsection 71AAAG(1)
Omit “Customs must”, substitute “a Collector must”.
208 Paragraph 71AAAG(2)(a)
Omit “Customs”, substitute “a Collector”.
209 Section 71AAAH (heading)
Repeal the heading, substitute:
71AAAH Collector’s response if a self-assessed clearance
declaration is communicated together with a cargo report
210 Section 71AAAH
Omit “Customs”, substitute “a Collector”.
211 Subsection 71AAAI(1)
Omit “Customs” (wherever occurring), substitute “a Collector”.
212 Subsection 71AAAI(1) (note 1)
Omit “Customs”, substitute “a Collector”.
213 Subsection 71AAAI(1) (note 2)
Omit “Customs”, substitute “A Collector”.
214 Subsection 71AAAI(2)
Omit “If Customs”, substitute “If the Department”.
215 Subsection 71AAAI(2)
Omit “Customs must”, substitute “a Collector must”.
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216 Paragraph 71AAAI(2)(a)
Omit “Customs”, substitute “a Collector”.
217 Subsection 71AAAI(2) (note 1)
Omit “Customs”, substitute “a Collector”.
218 Subsection 71AAAI(2) (note 2)
Omit “Customs”, substitute “A Collector”.
219 Section 71AAAK
Omit “Customs”, substitute “A Collector”.
220 Subsection 71AAAL(1)
Omit “Customs”, substitute “A Collector”.
221 Paragraph 71AAAM(1)(a)
Omit “Customs”, substitute “a Collector”.
222 Subsection 71AAAO(1)
Omit “Customs”, substitute “A Collector”.
223 Subsections 71AAAO(4), (6) and (8)
Omit “Customs”, substitute “a Collector”.
224 Subsection 71AAAP(5)
Omit “Customs”, substitute “the Department”.
225 Paragraph 71AAAP(6)(a)
Omit “Customs”, substitute “the Department”.
226 Paragraph 71AAAP(6)(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
227 Section 71AAAS (heading)
Repeal the heading, substitute:
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71AAAS Annotation of self-assessed clearance declaration by
Collector for certain purposes not to constitute
withdrawal
228 Section 71AAAS
Omit “Customs” (wherever occurring), substitute “a Collector”.
229 Section 71AAAT (heading)
Repeal the heading, substitute:
71AAAT Manner and effect of communicating self-assessed
clearance declarations to Department
230 Subsection 71AAAT(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
231 Subsection 71AAAT(2)
Omit “Customs” (first occurring), substitute “the Department”.
232 Paragraph 71AAAT(2)(a)
Omit “Customs”, substitute “a Collector”.
233 Paragraph 71AAAT(2)(b)
Omit “to Customs”, substitute “to the Department”.
234 Paragraph 71AAAT(2)(b)
Omit “when Customs”, substitute “when a Collector”.
235 Subsection 71AAAT(3)
Omit “to Customs”, substitute “to the Department”.
236 Subsection 71AAAT(3)
Omit “by Customs”, substitute “by a Collector”.
237 Subsection 71A(1)
Omit “Customs”, substitute “the Department”.
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238 Subsection 71A(3)
Repeal the subsection, substitute:
(3) A documentary import declaration must be communicated to the
Department:
(a) by giving or sending it to an officer doing duty in relation to
import declarations at the place at which the goods are to be
delivered for home consumption; or
(b) by leaving it at a place:
(i) that has been allocated for lodgement of import
declarations by notice published on the Department’s
website; and
(ii) that is where the goods are to be delivered for home
consumption.
239 Subsections 71A(5), (7) and (8)
Omit “Customs” (wherever occurring), substitute “the Department”.
240 Subsection 71B(1)
Omit “Customs”, substitute “the Department”.
241 Subsection 71BA(1)
Omit “by Customs”.
242 Subsection 71C(1)
Omit “communicated to Customs, Customs”, substitute “communicated
to the Department, a Collector”.
243 Paragraph 71C(2)(a)
Omit “in a Customs office that has been allocated for collection of such
advices”, substitute “that has been allocated for collection of such
advices by notice published on the Department’s website”.
244 Paragraph 71C(3)(a)
Omit “Customs”, substitute “a Collector”.
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245 Subsection 71C(4)
Omit “Customs”, substitute “a Collector”.
246 Subsection 71C(5)
Omit “Customs”, substitute “A Collector”.
247 Subsection 71C(6)
Omit “Customs must”, substitute “A Collector must”.
248 Subsection 71C(6)
Omit “require Customs”, substitute “require a Collector”.
249 Subsection 71C(7)
Omit “Customs must”, substitute “A Collector must”.
250 Paragraph 71C(7)(a)
Omit “Customs”, substitute “a Collector”.
251 Subsections 71D(1) and (2)
Omit “Customs”, substitute “the Department”.
252 Subsection 71DH(1)
Omit “Customs”, substitute “the Department”.
253 Subsection 71DH(3)
Repeal the subsection, substitute:
(3) A documentary warehouse declaration must be communicated to
the Department:
(a) by giving or sending it to an officer doing duty in relation to
warehouse declarations at the place at which the goods are to
be delivered for warehousing; or
(b) by leaving it at a place:
(i) that has been allocated for lodgement of warehouse
declarations by notice published on the Department’s
website; and
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(ii) that is where the goods are to be delivered for
warehousing.
254 Subsections 71DH(5), (7) and (8)
Omit “Customs” (wherever occurring), substitute “the Department”.
255 Subsection 71DI(1)
Omit “Customs”, substitute “the Department”.
256 Subsection 71DJ(1)
Omit “communicated to Customs, Customs”, substitute “communicated
to the Department, a Collector”.
257 Paragraph 71DJ(2)(a)
Omit “in a Customs office that has been allocated for collection of such
advices”, substitute “that has been allocated for collection of such
advices by notice published on the Department’s website”.
258 Paragraph 71DJ(3)(a)
Omit “Customs”, substitute “a Collector”.
259 Subsection 71DJ(4)
Omit “Customs”, substitute “a Collector”.
260 Subsection 71DJ(5)
Omit “Customs”, substitute “A Collector”.
261 Subsections 71DK(1) and (2)
Omit “Customs”, substitute “the Department”.
262 Subsection 71E(1)
Omit “Customs control”, substitute “customs control”.
263 Subsection 71E(1)
Omit “made to Customs”, substitute “made to the Department”.
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264 Paragraph 71E(2)(b)
Omit “communicated to Customs”, substitute “communicated to the
Department”.
265 Paragraph 71E(2)(b)
Omit “Customs control”, substitute “customs control”.
266 Subparagraph 71E(2C)(b)(i)
Omit “CEO”, substitute “Comptroller-General of Customs”.
267 Subsection 71E(3)
Omit “Customs”, substitute “the Department”.
268 Subsection 71E(4)
Omit “Customs control”, substitute “customs control”.
269 Subsection 71E(6)
Omit “Customs has a”, substitute “the Commonwealth has a”.
270 Subsections 71F(1), (2), (3), (6) and (7)
Omit “Customs” (wherever occurring), substitute “the Department”.
271 Paragraph 71F(7)(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
272 Section 71J (heading)
Repeal the heading, substitute:
71J Annotation of import entry by Collector for certain purposes
not to constitute withdrawal
273 Section 71J
Omit “Customs” (wherever occurring), substitute “a Collector”.
274 Section 71K (heading)
Repeal the heading, substitute:
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71K Manner of communicating with Department by document
275 Subsection 71K(1)
Omit “Customs”, substitute “the Department”.
276 Subsection 71K(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
277 Section 71L (heading)
Repeal the heading, substitute:
71L Manner and effect of communicating with Department
electronically
278 Subsection 71L(1)
Omit “Customs”, substitute “the Department”.
279 Subsection 71L(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
280 Subsection 71L(3)
Omit “to Customs”, substitute “to the Department”.
281 Subsection 71L(3)
Omit “by Customs”, substitute “by a Collector”.
282 Subsection 71L(4)
Omit “Customs”, substitute “the Department”.
283 Subsection 71L(5)
Omit “to Customs”, substitute “to the Department”.
284 Subsection 71L(5)
Omit “by Customs”, substitute “by a Collector”.
285 Section 71M (heading)
Repeal the heading, substitute:
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71M Requirements for communicating to Department electronically
286 Section 71M
Omit “Customs”, substitute “the Department”.
287 Paragraph 74(3)(b)
Omit “Customs”, substitute “the Department”.
288 Subsections 77AA(1), (2), (3) and (4)
Omit “Customs” (wherever occurring), substitute “a Collector”.
289 Subsection 77AA(5)
Omit “to Customs”, substitute “to the Department”.
290 Subsection 77AA(5)
Omit “Customs” (second and third occurring), substitute “a Collector”.
291 Subsection 77EA(1)
Omit “Customs”, substitute “a Collector”.
292 Section 77EC (heading)
Repeal the heading, substitute:
77EC Detention of goods by Collector
293 Section 77EC
Omit “Customs” (wherever occurring), substitute “a Collector”.
294 Subsection 77EF(4)
Omit “Customs”, substitute “a Collector”.
295 Subsection 77F(1) (definition of International Mail Centre)
Omit “a place approved in writing by the CEO under this section”,
substitute “a place approved in an instrument under subsection (1A)”.
296 After subsection 77F(1)
Insert:
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(1A) For the purposes of the definition of International Mail Centre in
subsection (1), the Comptroller-General of Customs may, by
writing, approve a place as a place for the examination of
international mail.
297 Subsection 77G(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
298 Paragraphs 77G(1)(a) and (c)
Omit “the control of the Customs”, substitute “customs control”.
299 Section 77J (heading)
Repeal the heading, substitute:
77J Comptroller-General of Customs may require applicant to
supply further information
300 Subsections 77J(1), (2) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
301 Subsection 77K(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
302 Subsection 77K(1)
Omit “the CEO’s opinion”, substitute “his or her opinion”.
303 Paragraph 77K(1)(i)
Omit “Customs”, substitute “an officer of Customs”.
304 Subsections 77K(2) and (3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
305 Subsection 77K(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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306 Subsection 77K(4)
Omit “the CEO’s opinion”, substitute “his or her opinion”.
307 Subsection 77K(4)
Omit “for Customs”, substitute “for those officers”.
308 Subsection 77K(5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
309 Subsection 77K(5)
Omit “Customs”, substitute “the Department”.
310 Subsections 77L(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
311 Subsection 77LA(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
312 Subsection 77LA(3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
313 Subsection 77LA(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
314 Subsection 77LA(4)
Omit “the CEO’s opinion”, substitute “his or her opinion”.
315 Paragraph 77LA(4)(b)
Omit “Customs”, substitute “an officer of Customs”.
316 Subsection 77LA(5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
317 Subsection 77LA(5)
Omit “the CEO’s opinion”, substitute “his or her opinion”.
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318 Subsection 77LA(5)
Omit “officers who regularly perform their functions for Customs
would be able conveniently to check”, substitute “officers of Customs
regularly perform their functions for those officers to be able to
conveniently check”.
319 Subsections 77LA(6) and (7)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
320 Subsections 77N(2) and (2A)
Omit “CEO”, substitute “Comptroller-General of Customs”.
321 Subsection 77N(3)
Omit “to Customs”, substitute “to the Commonwealth”.
322 Paragraphs 77N(6)(a) and (b)
Omit “the control of the Customs”, substitute “customs control”.
323 Subsection 77N(7)
Omit “the control of the Customs”, substitute “customs control”.
324 Paragraph 77N(9)(b)
Omit “Customs”, substitute “the Department”.
325 Paragraph 77P(1)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
326 Section 77Q (heading)
Repeal the heading, substitute:
77Q Comptroller-General of Customs may impose additional
conditions to which a depot licence is subject
327 Subsections 77Q(1), (1A), (1B), (2) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
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328 Subsection 77T(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
329 Subsection 77T(3)
Omit “the control of the Customs”, substitute “customs control”.
330 Subsections 77V(1), (2), (3), (5) and (7)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
331 Paragraph 77VA(2)(a)
Omit “the control of Customs”, substitute “customs control”.
332 Paragraph 77VA(2)(f)
Omit “Customs”, substitute “the Commonwealth”.
333 Paragraph 77VA(2)(f)
Omit “CEO”, substitute “Comptroller-General of Customs”.
334 Section 77VB
Omit “CEO”, substitute “Comptroller-General of Customs”.
335 Subsections 77VC(1), (2) and (4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
336 Subsection 77VC(5)
Omit “Customs”, substitute “an officer of Customs”.
337 Paragraphs 77X(2)(a) and (d)
Omit “the control of the Customs”, substitute “customs control”.
338 Paragraph 77X(2)(h)
Omit “Customs”, substitute “the Commonwealth”.
339 Paragraph 77X(2)(h)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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340 Paragraph 77X(2)(j)
Omit “Customs”, substitute “the Commonwealth”.
341 Paragraph 77X(2)(j)
Omit “CEO”, substitute “Comptroller-General of Customs”.
342 Section 77Y (heading)
Repeal the heading, substitute:
77Y Collector may give directions in relation to goods subject to
customs control
343 Subsection 77Y(1)
Omit “the control of the Customs”, substitute “customs control”.
344 Subsection 78(2)
Repeal the subsection.
345 Subsection 79(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
346 Paragraphs 80(d) and (e)
Omit “CEO”, substitute “Comptroller-General of Customs”.
347 Section 80A (heading)
Repeal the heading, substitute:
80A Comptroller-General of Customs may require applicant to
supply further information
348 Subsections 80A(1), (2) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
349 Subsection 81(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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350 Paragraph 81(1)(g)
Omit “the Customs”, substitute “an officer of Customs”.
351 Subsections 81(2) and (3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
352 Subsections 81A(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
353 Subsections 81B(1) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
354 Subsection 81B(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
355 Subsection 81B(4)
Omit “the CEO’s opinion”, substitute “his or her opinion”.
356 Paragraph 81B(4)(c)
Omit “Customs”, substitute “an officer of Customs”.
357 Subsection 81B(5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
358 Subsection 81B(5)
Omit “the CEO’s opinion”, substitute “his or her opinion”.
359 Subsection 81B(5)
Omit “for Customs”.
360 Subsections 81B(6) and (7)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
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361 Subsections 82(1), (3) and (5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
362 Section 82A (heading)
Repeal the heading, substitute:
82A Comptroller-General of Customs may impose additional
conditions to which a warehouse licence is subject
363 Subsections 82A(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
364 Section 82B (heading)
Repeal the heading, substitute:
82B Comptroller-General of Customs may vary the conditions to
which a warehouse licence is subject
365 Subsection 82B(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
366 Paragraph 82B(2)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
367 Paragraph 83(2)(e)
Omit “the Customs”, substitute “the Commonwealth”.
368 Paragraph 83(2)(e)
Omit “CEO”, substitute “Comptroller-General of Customs”.
369 Paragraph 83(2)(g)
Omit “the Customs”, substitute “the Commonwealth”.
370 Paragraph 83(2)(g)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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371 Subsection 83(3)
Omit “the CEO shall”, substitute “the Comptroller-General of Customs
must”.
372 Paragraph 83(3)(a)
Repeal the paragraph, substitute:
(a) published on the Department’s website; and
373 Paragraph 83(3)(d)
Omit “CEO”, substitute “Comptroller-General of Customs”.
374 Subsections 83(4) and (5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
375 Subsections 84(1) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
376 Subsections 86(1), (1A), (1B), (3) and (5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
377 Paragraph 86(7)(f)
Omit “the Customs”, substitute “the Commonwealth”.
378 Paragraph 86(7)(f)
Omit “CEO”, substitute “Comptroller-General of Customs”.
379 Subsections 87(1), (1A) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
380 Subsection 87(4)
Omit “if the CEO”, substitute “if the Comptroller-General of Customs”.
381 Paragraph 87(4)(a)
Repeal the paragraph, substitute:
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(a) published on the Department’s website; and
382 Paragraph 87(4)(d)
Omit “CEO”, substitute “Comptroller-General of Customs”.
383 Subsections 87(5), (6) and (7)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
384 Paragraph 96B(3)(b)
Omit “clearance through Customs”, substitute “clearance under this
Act”.
385 Paragraph 99(3)(c)
Omit “Customs”, substitute “a Collector”.
386 Section 100 (heading)
Repeal the heading, substitute:
100 Entry of goods without warehousing with permission of
Collector
387 Subsection 100(1)
Omit “Customs”, substitute “the Department”.
388 Paragraph 100(3)(a)
Omit “Customs”, substitute “the Department”.
389 Subsection 100(5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
390 Subsection 100(6)
Omit “Customs”, substitute “A Collector”.
391 Section 102A (heading)
Repeal the heading, substitute:
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102A Notices to Department by holder of warehouse licence
392 Subsections 102A(2) and (3)
Omit “Customs”, substitute “the Department”.
393 Section 102B (paragraphs (a), (b) and (c) of the definition of cargo handler)
Omit “Customs control”, substitute “customs control”.
394 Section 102B (definition of establishment identification)
Omit “Customs”, substitute “a Collector”.
395 Paragraph 102BA(1)(d)
Omit “CEO”, substitute “Comptroller-General of Customs”.
396 Section 102C (heading)
Repeal the heading, substitute:
102C Notifying Department of cargo terminal
397 Subsection 102C(1)
Omit “Customs”, substitute “the Department”.
398 Paragraph 102C(2)(a)
Omit “Customs”, substitute “the Comptroller-General of Customs”.
399 Subsection 102CA(3)
Omit “Customs”, substitute “the Department”.
400 Subsection 102CB(1)
Omit “Customs”, substitute “an officer of Customs”.
401 Subsection 102CC(1)
Omit “notify Customs”, substitute “notify the Department”.
402 Paragraphs 102CC(1)(a), (b), (c), (d) and (e)
Omit “Customs control”, substitute “customs control”.
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403 Subsection 102CD(1)
Omit “Customs”, substitute “the Department”.
404 Section 102CG
Omit “Customs control”, substitute “customs control”.
405 Section 102CJ (heading)
Repeal the heading, substitute:
102CJ Comptroller-General of Customs may impose additional
obligations
406 Section 102CJ
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
407 Section 102DB
Omit “Customs control”, substitute “customs control”.
408 Section 102DC (heading)
Repeal the heading, substitute:
102DC Using establishment identification when communicating with
Department
409 Subsection 102DC(1)
Omit “Customs”, substitute “the Department”.
410 Section 102DD (heading)
Repeal the heading, substitute:
102DD Comptroller-General of Customs may impose additional
obligations
411 Section 102DD
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
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412 Paragraphs 102E(3)(a), (b), (c), (d) and (e)
Omit “Customs control”, substitute “customs control”.
413 Paragraphs 102EB(3)(a), (b) and (c) and (5)(a) and (b)
Omit “Customs control”, substitute “customs control”.
414 Subsection 102F(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
415 Subsection 102F(1)
Omit “Customs control”, substitute “customs control”.
416 Subsection 102F(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
417 Subsection 102F(2)
Omit “Customs control”, substitute “customs control”.
418 Subsection 102F(3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
419 Section 105 (heading)
Repeal the heading, substitute:
105 Certain customable beverage not to be entered for home
consumption in bulk containers without approval of
Comptroller-General of Customs
420 Subsections 105(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
421 Section 105A (heading)
Repeal the heading, substitute:
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105A Delivery from customs control of brandy, whisky or rum
422 Subsection 105A(1)
Omit “the control of the Customs”, substitute “customs control”.
423 Paragraph 105B(1)(c)
Omit “the control of the Customs”, substitute “customs control”.
424 Paragraph 105C(1)(c)
Omit “the control of the Customs”, substitute “customs control”.
425 Paragraphs 105C(2)(a) and (b)
Omit “Customs”, substitute “the Department”.
426 Paragraph 105D(1)(c)
Omit “the control of the Customs”, substitute “customs control”.
427 Section 105E
Omit “the control of the Customs”, substitute “customs control”.
428 Subsection 106B(1)
Omit “Customs”, substitute “the Department”.
429 Subsection 106C(1)
Omit “Customs”, substitute “the Department”.
430 Subsection 106D(1)
Omit “Customs”, substitute “the Department”.
431 Section 106F
Omit “Customs”, substitute “the Department”.
432 Subparagraphs 106G(1)(a)(i) and (ii)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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433 Subsection 106G(2)
Omit “Customs when Customs”, substitute “the Department when a
Collector”.
434 Subsection 106G(3)
Omit “Customs”, substitute “the Department”.
435 Subsection 106G(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
436 Paragraph 106H(1)(g)
Omit “Customs”, substitute “the Department”.
437 Subsection 106H(2)
Omit “Customs”, substitute “the Department”.
438 Section 106I (heading)
Repeal the heading, substitute:
106I Comptroller-General of Customs may approve different
statements or forms
439 Subsections 106I(1) and (2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
440 Division 1A of Part VI (heading)
Repeal the heading, substitute:
Division 1A—Directions in relation to goods for export etc.
that are subject to customs control
441 Section 112C (heading)
Repeal the heading, substitute:
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112C Collector may give directions in relation to goods for export
etc. that are subject to customs control
442 Subsection 112C(1)
Omit “the control of Customs”, substitute “customs control”.
443 Section 113AA
Omit “Customs”, substitute “a Collector”.
444 Subsection 114(1)
Omit “Customs”, substitute “the Department”.
445 Paragraph 114(3)(b)
Omit “Customs”, substitute “the Department”.
446 Subsections 114(5) and (7)
Omit “Customs”, substitute “the Department”.
447 Subsections 114(8) and (9)
Omit “Customs”, substitute “A Collector”.
448 Paragraphs 114A(1)(a) and (b)
Omit “Customs” (wherever occurring), substitute “the Department”.
449 Subsections 114B(1), (3), (5), (6), (8) and (10)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
450 Subsection 114C(1)
Omit “Customs”, substitute “a Collector”.
451 Paragraphs 114CA(1)(a) and (b)
Omit “Customs” (wherever occurring), substitute “the Department”.
452 Subsections 114D(1) and (2)
Omit “Customs”, substitute “the Department”.
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453 Paragraph 114D(3)(a)
Omit “Customs control”, substitute “customs control”.
454 Section 114F (heading)
Repeal the heading, substitute:
114F Notices to Department by person who receives goods at a
wharf or airport for export
455 Subsections 114F(1A) and (1B)
Omit “Customs”, substitute “the Department”.
456 Paragraph 116(4)(a)
Omit “Customs”, substitute “the Department”.
457 Section 117
Omit “the control of the Customs”, substitute “customs control”.
458 Subsection 117AA(2)
Omit “Customs”, substitute “the Department”.
459 Paragraph 117AA(3)(a)
Omit “Customs”, substitute “a Collector”.
460 Subsection 117AA(4)
Omit “Customs”, substitute “the Department”.
461 Section 117A (heading)
Repeal the heading, substitute:
117A Submanifests to be communicated to Department
462 Subsection 117A(1)
Omit “Customs”, substitute “the Department”.
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463 Subsection 117A(3)
Omit “to Customs, Customs”, substitute “to the Department, a
Collector”.
464 Subsections 118(5) and (6)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
465 Subsection 118(9)
Omit “CEO”, substitute “Comptroller-General of Customs”.
466 Subsection 118A(2)
Omit “Customs”, substitute “the Department”.
467 Paragraph 118A(4)(c)
Omit “Customs”, substitute “the Department”.
468 Section 119 (heading)
Repeal the heading, substitute:
119 Communication of outward manifest to Department
469 Subsection 119(1)
Omit “Customs”, substitute “the Department”.
470 Paragraph 119AA(1)(a)
Omit “the control of Customs”, substitute “customs control”.
471 Subsection 119AA(2)
Omit “Customs”, substitute “the Department”.
472 Paragraph 119AA(3A)(a)
Omit “Customs”, substitute “the Department”.
473 Subsection 119AA(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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474 Subsection 119AB(1)
Omit “the control of Customs”, substitute “customs control”.
475 Subsection 119AB(1)
Omit “to Customs”, substitute “to the Department”.
476 Paragraph 119AB(3)(a)
Omit “Customs”, substitute “the Department”.
477 Subsection 119AB(5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
478 Subsection 119A(1)
Omit “Customs” (wherever occurring), substitute “the Department”.
479 Paragraph 119A(2)(b)
Omit “Customs”, substitute “the Department”.
480 Subsection 119A(4)
Omit “Customs”, substitute “the Department”.
481 Subsections 119D(1) and (2)
Omit “Customs” (wherever occurring), substitute “the Department”.
482 Subsection 119D(3)
Omit “to Customs”, substitute “to the Department”.
483 Subsection 119D(3)
Omit “by Customs”, substitute “by a Collector”.
484 Section 119E (heading)
Repeal the heading, substitute:
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119E Requirements for communicating to Department electronically
485 Section 119E
Omit “Customs”, substitute “the Department”.
486 Division 3A of Part VI (heading)
Repeal the heading, substitute:
Division 3A—Examining goods for export that are not yet
subject to customs control
487 Subsection 122F(2)
Omit “the control of Customs”, substitute “customs control”.
488 Subsection 122F(4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
489 Subsection 122H(3) (notes 1 and 2)
Omit “the control of Customs”, substitute “customs control”.
490 Subsection 122Q(1)
Omit “Customs”, substitute “the Commonwealth”.
491 Subsection 122Q(2)
Omit “Customs must”, substitute “The Commonwealth must”.
492 Subsection 122Q(2)
Omit “as Customs”, substitute “as the Commonwealth”.
493 Section 126
Omit “CEO”, substitute “Comptroller-General of Customs”.
494 Section 126
Omit “the control of the Customs” (wherever occurring), substitute
“customs control”.
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495 Subsection 126C(1)
Omit “the control of Customs”, substitute “customs control”.
496 Subsection 126C(3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
497 Section 126D (heading)
Repeal the heading, substitute:
126D Comptroller-General of Customs to maintain information
systems
498 Section 126D
Omit “CEO”, substitute “Comptroller-General of Customs”.
499 Section 126D
Omit “Customs”, substitute “the Department”.
500 Subsection 126DA(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
501 Paragraphs 126DA(1)(a), (c) and (d)
Omit “Customs”, substitute “the Department”.
502 Subsection 126DA(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
503 Section 126DB
Omit “made to Customs”, substitute “made to the Department”.
504 Paragraph 126DB(a)
Omit “CEO”, substitute “Comptroller-General of Customs”.
505 Paragraphs 126DB(a) and (b)
Omit “Customs”, substitute “the Department”.
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506 Subsection 126DC(1)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
507 Subsection 126DC(1) (note)
Omit “Customs or by Customs”, substitute “the Department or by the
Department or a Collector”.
508 Paragraph 126DC(3)(a)
Omit “Customs”, substitute “the Department”.
509 Paragraph 126DC(3)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
510 Paragraph 126DC(3)(b)
Omit “Customs”, substitute “the Department”.
511 Subsection 126DC(4)
Omit “Customs” (wherever occurring), substitute “the Department or a
Collector”.
512 Section 126E (heading)
Repeal the heading, substitute:
126E Communication to Department when information system is
temporarily inoperative
513 Subsection 126E(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
514 Paragraph 126E(1)(c)
Omit “website maintained by Customs”, substitute “Department’s
website”.
515 Paragraph 126E(1)(d)
Omit “Customs”, substitute “the Department”.
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516 Subsection 126E(2)
Omit “Customs” (wherever occurring), substitute “the Department”.
517 Paragraph 126E(3)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
518 Subsection 126E(3)
Omit “Customs”, substitute “the Department”.
519 Section 126F (heading)
Repeal the heading, substitute:
126F Payment when information system is temporarily inoperative
520 Subsection 126F(1)
Omit “Customs”, substitute “the Commonwealth”.
521 Subsection 126F(2)
Omit “Customs”, substitute “the Comptroller-General of Customs”.
522 Subsection 126F(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
523 Subsection 126F(3)
Omit “Customs”, substitute “an officer of Customs”.
524 Section 126G
Omit “CEO”, substitute “Comptroller-General of Customs”.
525 At the end of Part VIA
Add:
126H Comptroller-General of Customs may arrange for use of
computer programs to make decisions etc.
(1) The Comptroller-General of Customs may arrange for the use,
under the control of the Comptroller-General of Customs, of
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computer programs for any purposes for which the
Comptroller-General of Customs, a Collector or an officer may, or
must, under the provisions mentioned in subsection (3):
(a) make a decision; or
(b) exercise any power, or comply with any obligation; or
(c) do anything else related to making a decision, exercising a
power, or complying with an obligation.
(2) The Comptroller-General of Customs, Collector or officer (as the
case requires) is taken to have:
(a) made a decision; or
(b) exercised a power, or complied with an obligation; or
(c) done something else related to the making of a decision, the
exercise of a power, or the compliance with an obligation;
that was made, exercised, complied with, or done (as the case
requires) by the operation of a computer program under an
arrangement made under subsection (1).
(3) For the purposes of subsection (1), the provisions are:
(a) Parts IV and VI; and
(b) any provision of this Act or of the regulations that the
Comptroller-General of Customs, by legislative instrument,
determines for the purposes of this paragraph.
526 Subsection 127(7)
Omit “CEO”, substitute “Comptroller-General of Customs”.
527 Subsection 127(8)
Omit “of the Customs”.
528 Subsection 129(2)
Omit “revenue of the Customs”, substitute “revenue”.
529 Subsection 129(6)
Omit “CEO”, substitute “Comptroller-General of Customs”.
530 Subsection 131A(1)
Omit “(1)”.
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531 Subsection 131A(1)
Omit “the control of the Customs”, substitute “customs control”.
532 Subsection 132AA(3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
533 Subsections 132B(1), (2), (3), (4) and (5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
534 Subsection 132B(8)
Omit “the Customs shall have”, substitute “the Commonwealth has”.
535 Subsection 132B(8)
Omit “revenue of the Customs”, substitute “revenue”.
536 Subsections 132C(1) and (2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
537 Paragraph 132C(5)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
538 Section 132D
Omit “CEO”, substitute “Comptroller-General of Customs”.
539 Subsection 137(3)
Omit “the Customs”, substitute “a Collector”.
540 Subsection 137(3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
541 Section 150
Omit “the control of the Customs”, substitute “customs control”.
542 Subsections 153AC(1), (2), (3) and (5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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543 Subsection 153E(4) (heading)
Repeal the heading, substitute:
Comptroller-General of Customs may require artificial elements of
cost to be disregarded
544 Subsection 153E(4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
545 Subsection 153E(4)
Omit “CEO’s opinion”, substitute “opinion of the Comptroller-General
of Customs”.
546 Subsection 153E(5) (heading)
Repeal the heading, substitute:
Comptroller-General of Customs may require cost over normal
market value to be disregarded
547 Subsection 153E(5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
548 Subsection 153E(6) (heading)
Repeal the heading, substitute:
Comptroller-General of Customs may determine cost of certain
materials received at a factory
549 Subsections 153E(6) and (7)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
550 Paragraphs 153L(1)(c) and (4)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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551 Subsections 153LA(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
552 Subsection 153LA(3) (heading)
Repeal the heading, substitute:
Comptroller-General of Customs may revoke determination
553 Subsection 153LA(3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
554 Subparagraph 153P(1)(b)(ii)
Omit “CEO”, substitute “Comptroller-General of Customs”.
555 Paragraph 153P(2)(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
556 Paragraph 153Q(1)(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
557 Subsection 153R(1) (heading)
Repeal the heading, substitute:
Comptroller-General of Customs may determine that goods are, or
are not, commercially manufactured in Australia
558 Subsection 153R(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
559 Section 153UC (heading)
Repeal the heading, substitute:
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153UC Comptroller-General of Customs may determine cost of
certain input, material etc.
560 Section 153UC
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
561 Paragraph 153VA(d)
Omit “CEO”, substitute “Comptroller-General of Customs”.
562 Subsections 153VC(1), (2) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
563 Subsection 153VC(4) (heading)
Repeal the heading, substitute:
Comptroller-General of Customs may revoke determination
564 Subsection 153VC(4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
565 Subsection 153VD(1) (heading)
Repeal the heading, substitute:
Comptroller-General of Customs may determine a different
percentage
566 Subsections 153VD(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
567 Subsection 153VD(3) (heading)
Repeal the heading, substitute:
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Comptroller-General of Customs may revoke determination
568 Subsection 153VD(3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
569 Subsection 153ZIH(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
570 Subsection 154(1) (paragraphs (a), (b) and (c) of the definition of import sales transaction)
Omit “subject to Customs control”, substitute “subject to customs
control”.
571 Paragraphs 161G(b) and (f)
Omit “for Customs purposes”, substitute “for the purposes of this Act”.
572 Subsection 161J(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
573 Paragraph 161J(3)(b)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
574 Subsection 161K(1)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
575 Subsections 161L(1), (2) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
576 Subparagraph 162(3)(b)(i)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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577 Subsection 162A(2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
578 Subsection 162A(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
579 Subparagraphs 162A(5)(b)(ii) and (5A)(b)(ii)
Omit “CEO”, substitute “Comptroller-General of Customs”.
580 Paragraph 162A(8)(b)
Repeal the paragraph, substitute:
(b) if an undertaking has been given to pay the amount of the
duty (if any), GST (if any) and luxury car tax (if any)
associated with the import of the goods—the amount may be
recovered at any time in a court of competent jurisdiction by
proceedings in the name of the Comptroller-General of
Customs.
581 Subsection 162AA(2)
Omit “Customs”, substitute “the Collector”.
582 Paragraph 163(1AA)(b)
Omit “by Customs”.
583 Subsections 163(1AB) and (1AE)
Omit “Customs”, substitute “the Department”.
584 Section 164B
Omit “CEO”, substitute “Comptroller-General of Customs”.
585 Subsections 165(3) and (5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
586 Paragraphs 165(6)(a) and (b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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587 Paragraph 165A(1)(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
588 Subsection 165A(2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
589 Section 166
Omit “the Customs”, substitute “the Comptroller-General of Customs”.
590 Subsection 167(3)
Omit “Subject to subsection (3B), for”, substitute “For”.
591 Paragraphs 167(3)(a) and (b)
Omit “Customs”, substitute “the Collector”.
592 Subsection 167(4)
Omit “paid to the Customs”, substitute “paid to the Commonwealth”.
593 Subsection 175(3G)
Omit “CEO”, substitute “Comptroller-General of Customs”.
594 Subsection 180(1)
Omit “(1)”.
595 Subsection 180(2)
Repeal the subsection.
596 Subsection 181(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
597 Subsection 183C(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
598 Paragraphs 183CA(1)(d) and (e)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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599 Subsections 183CB(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
600 Subsection 183CC(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
601 Paragraph 183CC(2)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
602 Subsections 183CC(3), (4), (4A) and (5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
603 Subsections 183CE(1) and (2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
604 Subsections 183CF(1), (2) and (3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
605 Subsections 183CG(1), (3), (6), (7) and (8)
Omit “CEO”, substitute “Comptroller-General of Customs”.
606 Section 183CGA (heading)
Repeal the heading, substitute:
183CGA Comptroller-General of Customs may impose additional
conditions to which a broker’s licence is subject
607 Subsections 183CGA(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
608 Section 183CGB (heading)
Repeal the heading, substitute:
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183CGB Comptroller-General of Customs may vary the conditions
to which a broker’s licence is subject
609 Subsection 183CGB(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
610 Paragraph 183CGB(2)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
611 Subsection 183CJ(1)
Repeal the subsection, substitute:
(1) If a customs broker, within 2 months before the date on which his
or her broker’s licence is due to expire, applies in writing to the
Comptroller-General of Customs for the renewal of the licence, the
Comptroller-General of Customs must, by writing, renew the
licence unless:
(a) the Comptroller-General of Customs has given an order
under paragraph 183CS(1)(d) in relation to the licence; or
(b) the customs broker is, because of section 183CK, not entitled
to hold a broker’s licence.
612 Subsections 183CK(1), (2), (3) and (4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
613 Section 183CM
Omit “CEO”, substitute “Comptroller-General of Customs”.
614 Subsections 183CN(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
615 Section 183CP
Omit “agent”, substitute “broker”.
616 Section 183CP
Omit “CEO”, substitute “Comptroller-General of Customs”.
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617 Subsections 183CQ(1) and (4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
618 Subsection 183CQ(5)
Repeal the subsection, substitute:
(5) If the Comptroller-General of Customs gives notice in accordance
with this section to a customs broker, the Comptroller-General of
Customs must refer the question whether the Comptroller-General
of Customs should take action in relation to the licence under
subsection 183CS(1) to the Committee, for investigation and report
to the Comptroller-General of Customs.
619 Subsections 183CQ(6) and (7)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
620 Section 183CR (heading)
Repeal the heading, substitute:
183CR Interim suspension by Comptroller-General of Customs
621 Subsections 183CR(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
622 Subsection 183CR(3)
Repeal the subsection, substitute:
(3) A suspension of a licence by the Comptroller-General of Customs
under subsection (1) has effect until the suspension is revoked by
the Comptroller-General of Customs, or the Comptroller-General
of Customs has dealt with the matter in accordance with
section 183CS, whichever occurs first.
623 Subsection 183CR(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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624 Section 183CS (heading)
Repeal the heading, substitute:
183CS Powers of Comptroller-General of Customs
625 Subsections 183CS(1), (2), (4) and (5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
626 Paragraphs 183D(2)(a) and (b)
Omit “CEO, or a Regional Director for a State or Territory,”, substitute
“Comptroller-General of Customs”.
627 Paragraphs 183D(2)(c) and (d)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
628 Paragraph 183DA(2)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
629 Subsections 183DA(3), (4) and (5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
630 Subsections 183DC(1) and (3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
631 Subsections 183DD(1), (2) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
632 Subsection 183S(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
633 Division 1 of Part XII (heading)
Repeal the heading, substitute:
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634 Subsection 183UA(1) (paragraph (aa) of the definition of Customs place)
Omit “Customs”, substitute “the Commonwealth for use for the
purposes of the Customs Acts”.
635 Subsection 183UA(1) (paragraph (f) of the definition of Customs place)
Omit “a place that is approved, in writing, by the CEO”, substitute “a
place approved in an instrument under subsection (2)”.
636 Subsection 183UA(1) (note at the end of the definition of Customs place)
Repeal the note.
637 Subsection 183UA(1) (paragraph (b) of the definition of person assisting)
Omit “CEO or by a Regional Director for a State or Territory”,
substitute “Comptroller-General of Customs”.
638 Subsection 183UA(2)
Repeal the subsection, substitute:
(2) For the purposes of paragraph (f) of the definition of Customs
place in subsection (1), the Comptroller-General of Customs may,
by legislative instrument, approve a place as a place for the
examination of international mail.
639 Section 183UC (heading)
Repeal the heading, substitute:
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183UC Comptroller-General of Customs may give directions
concerning the exercise of powers under this Division
640 Section 183UC
Omit “Without limiting the generality of the power conferred on the
CEO under subsection 4(4) of the Customs Administration Act 1985, the
CEO may, by legislative instrument, give directions under that
subsection concerning”, substitute “The Comptroller-General of
Customs may, by legislative instrument, give directions concerning”.
641 Paragraph 183UC(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
642 Section 186 (heading)
Repeal the heading, substitute:
186 General powers of examination of goods subject to customs
control
643 Subsection 186(1)
Omit “the control of the Customs”, substitute “customs control”.
644 Subsection 186(4)
Omit “the control of Customs” (wherever occurring), substitute
“customs control”.
645 Paragraphs 186AA(2)(d), (3)(d) and (7)(a)
Omit “the control of the Customs”, substitute “customs control”.
646 Subparagraphs 187(b)(i) and (iii)
Omit “the control of the Customs”, substitute “customs control”.
647 Subparagraph 187(d)(i)
Omit “the control of Customs”, substitute “customs control”.
648 Subparagraph 187(d)(iii)
Omit “the control of the Customs”, substitute “customs control”.
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649 Subsection 189A(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
650 Subsection 189A(2)
Omit “Without limiting the matters that may be the subject of directions
under subsection 4(4) of the Customs Administration Act 1985 as
modified by section 183UC, the CEO may give directions under that
modified subsection”, substitute “The Comptroller-General of Customs
may, by legislative instrument, give directions”.
651 Paragraph 189A(2)(e)
Omit “CEO”, substitute “Comptroller-General of Customs”.
652 Subsection 189A(5) (definition of authorised arms issuing officer)
Repeal the definition, substitute:
authorised arms issuing officer means an officer of Customs
authorised under subsection (6) to exercise the powers or perform
the functions of an authorised arms issuing officer under this
section.
653 Subsection 189A(5) (definition of officer authorised to carry arms)
Repeal the definition, substitute:
officer authorised to carry arms means an officer of Customs
authorised under subsection (7) to use approved firearms and
approved items of personal defence equipment issued by an
authorised arms issuing officer for the purpose specified in
paragraph (1)(a).
654 At the end of section 189A
Add:
(6) The Comptroller-General of Customs may, by writing, authorise an
officer of Customs to exercise the powers or perform the functions
of an authorised arms issuing officer under this section.
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(7) The Comptroller-General of Customs may, by writing, authorise an
officer of Customs to use approved firearms and approved items of
personal defence equipment issued by an authorised arms issuing
officer for the purpose specified in paragraph (1)(a).
655 Subsection 191(1)
Omit “the control of the Customs”, substitute “customs control”.
656 Subsection 194(1)
Omit “Customs”, substitute “Australian Border Force (within the
meaning of the Australian Border Force Act 2015)”.
657 Paragraph 197(1)(b)
Omit “the control of Customs”, substitute “customs control”.
658 Subsection 198(8)
Omit “law of Customs within the meaning of the Customs
Administration Act 1985”, substitute “law of the Commonwealth”.
659 Subsection 201(1B)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
660 Paragraphs 201(1B)(c) and (d)
Omit “in the control of Customs”, substitute “subject to customs
control”.
661 Subsection 203T(2)
Omit “Comptroller”, substitute “Comptroller-General of Customs”.
662 Subsection 203T(3)
Omit “the control of the Customs”, substitute “customs control”.
663 Subsection 205B(3) (paragraph (a) of the definition of appropriate person)
Repeal the paragraph, substitute:
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(a) in relation to goods other than narcotic-related goods—the
Comptroller-General of Customs; and
664 Paragraph 206(1)(c)
Omit “CEO or a Regional Director for a State or Territory”, substitute
“Comptroller-General of Customs”.
665 Subsection 206(1)
Omit “CEO or Regional Director concerned”, substitute
“Comptroller-General of Customs”.
666 Paragraph 206(1A)(b)
Omit “CEO or a Regional Director for a State or Territory”, substitute
“Comptroller-General of Customs”.
667 Subsection 206(1A)
Omit “CEO or Regional Director concerned”, substitute
“Comptroller-General of Customs”.
668 Paragraph 206(2)(c)
Omit “CEO or a Regional Director for a State or Territory”, substitute
“Comptroller-General of Customs”.
669 Subsections 206(2) and (3)
Omit “CEO or Regional Director concerned”, substitute
“Comptroller-General of Customs”.
670 Subsection 208(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
671 Paragraph 208(4)(b)
Omit “Customs”, substitute “the Commonwealth”.
672 Subsection 208(5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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673 Paragraph 208D(a)
Omit “CEO”, substitute “Comptroller-General of Customs”.
674 Subsection 209J(1)
Omit “CEO or a Regional Director for a State or Territory”, substitute
“Comptroller-General of Customs”.
675 Subsection 209J(1)
Omit “CEO or Regional Director”, substitute “Comptroller-General of
Customs”.
676 Subsection 209J(2)
Omit “CEO or Regional Director concerned”, substitute
“Comptroller-General of Customs”.
677 Subsections 209K(1) and (2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
678 Subparagraph 209N(1)(a)(ii)
Omit “Customs”, substitute “the officer”.
679 Paragraph 209N(1)(c)
Omit “Customs”, substitute “the officer”.
680 Subsection 209N(2)
Omit “from Customs”, substitute “from an officer of Customs”.
681 Subsection 209N(2)
Omit “to Customs”, substitute “to the Department”.
682 Section 209R
Omit “CEO”, substitute “Comptroller-General of Customs”.
683 Subparagraph 209U(1)(c)(i)
Omit “Customs”, substitute “the officer”.
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684 Subparagraph 209U(1)(d)(ii)
Omit “Customs”, substitute “the officer”.
685 Subsection 209U(2)
Omit “from Customs”, substitute “from an officer of Customs”.
686 Subsection 209U(2)
Omit “to Customs”, substitute “to the Department”.
687 Paragraphs 209X(1)(d), (e) and (g)
Omit “Customs” (wherever occurring), substitute “the Department”.
688 Paragraphs 209X(3)(a) and (b)
Omit “Customs”, substitute “the Department”.
689 Subparagraphs 209Z(1)(c)(i) and (iii)
Omit “Customs”, substitute “the Department”.
690 Paragraphs 209Z(2)(a), (b) and (c)
Omit “Customs” (wherever occurring), substitute “the Department”.
691 Paragraph 209ZA(1)(c)
Omit “Customs”, substitute “the Department”.
692 Section 213A (heading)
Repeal the heading, substitute:
213A Providing an authorised officer with information about people
working in restricted areas
693 Paragraph 213A(4)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
694 Section 213B (heading)
Repeal the heading, substitute:
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213B Provision of information about people issued with security
identification cards
695 Paragraph 213B(3)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
696 Paragraphs 214AB(1)(g) and (2)(e)
Omit “Customs”, substitute “the Department”.
697 Subsections 214AC(1), (2) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
698 Section 214AD (note)
Omit “Customs”, substitute “the Department”.
699 Paragraph 214AE(1)(c)
Omit “Customs”, substitute “the Department”.
700 Paragraph 214AF(2)(c)
Omit “Customs”, substitute “the Department”.
701 Paragraph 214BAC(1)(g)
Omit “Customs”, substitute “the Department”.
702 Subsections 214BAD(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
703 Section 217
Omit “Customs business”, substitute “the Customs Acts”.
704 Section 218 (heading)
Repeal the heading, substitute:
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218 Samples
705 Section 218
Omit “the control of the Customs”, substitute “customs control”.
706 Subsection 218A(3)
Omit “the Customs”, substitute “the Commonwealth”.
707 Section 219
Repeal the section.
708 Paragraph 219M(2)(a)
Omit “the CEO’s opinion”, substitute “the opinion of the
Comptroller-General of Customs”.
709 Subparagraph 219Q(2)(b)(i)
Omit “the CEO’s opinion”, substitute “the opinion of the
Comptroller-General of Customs”.
710 Subsection 219R(14) (definition of authorised officer)
Omit “CEO”, substitute “Comptroller-General of Customs”.
711 Paragraph 219RAA(1)(a)
Omit “, at the discretion of the Customs,”.
712 Section 219SB
Omit “CEO”, substitute “Comptroller-General of Customs”.
713 Paragraph 219T(1A)(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
714 Subsection 219T(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
715 Subsection 219U(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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716 Subsections 219V(3), (4) and (8)
Omit “CEO”, substitute “Comptroller-General of Customs”.
717 Subsection 219X(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
718 Paragraphs 219Y(4)(c) and (5)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
719 Subsection 219ZAB(3) (heading)
Repeal the heading, substitute:
Requirement for statement from Comptroller-General of Customs
720 Subsections 219ZAB(3), (4) and (5)
Omit “CEO”, substitute “Comptroller-General of Customs”.
721 Subsection 219ZAC(1)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
722 Subsections 219ZA(1), (2) and (3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
723 Paragraph 219ZC(4)(a)
Omit “CEO”, substitute “Comptroller-General of Customs”.
724 Subsection 219ZH(6) (paragraph (a) of the definition of chief officer)
Omit “CEO”, substitute “Comptroller-General of Customs”.
725 Section 219ZJE (heading)
Repeal the heading, substitute:
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219ZJE Comptroller-General of Customs must give directions about
detaining persons under this Division
726 Section 219ZJE
Omit “Without limiting subsection 4(4) of the Customs Administration
Act 1985, the CEO must, by legislative instrument, give directions
under that subsection”, substitute “The Comptroller-General of Customs
must, by legislative instrument, give directions”.
727 Paragraph 219ZJE(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
728 Subsections 227F(5) and (7)
Omit “CEO”, substitute “Comptroller-General of Customs”.
729 Paragraph 227G(1)(a)
Omit “Customs”, substitute “the Commonwealth”.
730 Paragraph 228(1)(d)
Omit “the Customs”, substitute “an officer of Customs”.
731 Sections 228A and 228B
Omit “CEO”, substitute “Comptroller-General of Customs”.
732 Paragraph 229(1)(g)
Omit “the control of the Customs”, substitute “customs control”.
733 Subsection 233(6)
Omit “Customs officers”, substitute “officers of Customs”.
734 Section 233BABAF (heading)
Repeal the heading, substitute:
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233BABAF Using information held by the Commonwealth
735 Subparagraph 233BABAF(3)(d)(ii)
Omit “Customs Administration Act 1985”, substitute “Australian
Border Force Act 2015”.
736 Subsection 233BABAF(4) (paragraph (a) of the definition of restricted information)
Omit “Customs”, substitute “the Commonwealth for use for the
purposes of the Customs Acts”.
737 Subsection 233BA(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
738 Subsection 234(2A)
Omit “Customs” (wherever occurring), substitute “the Department”.
739 Subsection 234(2A)
Omit “CEO”, substitute “Comptroller-General of Customs”.
740 Subsection 234(2B)
Omit “Customs” (wherever occurring), substitute “the Department”.
741 Subsection 234(2B)
Omit “CEO”, substitute “Comptroller-General of Customs”.
742 Subsection 234(2BA)
Omit “Customs” (wherever occurring), substitute “the Department”.
743 Subsection 234(2BA)
Omit “CEO”, substitute “Comptroller-General of Customs”.
744 Subsection 234(2BB)
Repeal the subsection.
745 Subsection 234(2BC)
Omit “Customs”, substitute “the Department”.
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746 Subsection 234(2BC)
Omit “CEO”, substitute “Comptroller-General of Customs”.
747 Subsection 234(2C)
Omit “, (2BB)”.
748 Subsection 234AA(3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
749 Paragraph 234A(1A)(e)
Omit “CEO”, substitute “Comptroller-General of Customs”.
750 Paragraph 240(1)(a)
Omit “the control of Customs”, substitute “customs control”.
751 Paragraph 240(1AA)(a)
Omit “Customs”, substitute “the Department”.
752 Paragraphs 240(1A)(b) and (1B)(d)
Omit “Customs”, substitute “the Department”.
753 Subsection 240(3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
754 Section 240AB (heading)
Repeal the heading, substitute:
240AB Verifying communications to Department
755 Subsection 240AB(1)
Omit “Customs”, substitute “the Department”.
756 Subsections 240AB(2), (3) and (3A)
Omit “to Customs” (wherever occurring), substitute “to the
Department”.
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757 Subsection 243B(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
758 Paragraph 243CA(2)(a)
Omit “CEO”, substitute “Comptroller-General of Customs”.
759 Subsection 243CA(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
760 Subsections 243E(1) and (6)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
761 Paragraphs 243F(1)(d), (2)(b), (3)(b) and (3A)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
762 Subsection 243G(2A)
Omit “CEO”, substitute “Comptroller-General of Customs”.
763 Subsection 243K(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
764 Subsection 243L(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
765 Paragraph 243SA(2)(a)
Omit “Customs”, substitute “a monitoring officer”.
766 Section 243W (heading)
Repeal the heading, substitute:
243W Electronic communications to Department to be treated as
statements to Comptroller-General of Customs
767 Section 243W
Omit “Customs”, substitute “the Department”.
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768 Section 243W
Omit “CEO”, substitute “Comptroller-General of Customs”.
769 Subsection 243Y(3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
770 Section 244
Omit “by the Customs”.
771 Subsection 245(1)
Omit “CEO in the name of the office of the CEO”, substitute
“Comptroller-General of Customs”.
772 Section 250A (heading)
Repeal the heading, substitute:
250A Property in goods subject to customs control
773 Section 250A
Omit “the Customs in relation to any goods subject to the control of the
Customs”, substitute “the Commonwealth in relation to any goods
subject to customs control”.
774 Section 253
Omit “CEO”, substitute “Comptroller-General of Customs”.
775 Section 256
Omit “CEO or the Regional Director for a State or Territory”, substitute
“Comptroller-General of Customs”.
776 Section 259
Omit “the control of the Customs”, substitute “customs control”.
777 Section 261
Omit “the Customs”, substitute “the Commonwealth”.
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778 Subsection 264(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
779 Subsection 267(1)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
780 Subsections 268(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
781 Section 269
Omit “CEO”, substitute “Comptroller-General of Customs”.
782 Subsection 269B(1) (paragraphs (a) and (b) of the definition of gazettal day)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
783 Subsection 269B(1) (subparagraph (a)(i) of the definition of last day for submission)
Omit “CEO”, substitute “Comptroller-General of Customs”.
784 Subsection 269D(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
785 Subsection 269F(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
786 Subsection 269F(4)
Omit “with Customs”.
787 Paragraph 269F(4)(a)
Omit “at Customs House in Canberra”, substitute “by notice published
on the Department’s website”.
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788 Section 269FA
Omit “CEO”, substitute “Comptroller-General of Customs”.
789 Paragraph 269G(2)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
790 Subsection 269G(3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
791 Subsections 269H(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
792 Section 269HA (heading)
Repeal the heading, substitute:
269HA Comptroller-General of Customs may reject a TCO
application in relation to goods referred to in
section 269SJ
793 Subsections 269HA(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
794 Subsections 269J(1) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
795 Subsections 269K(1), (3) and (4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
796 Subsections 269L(1), (2), (3), (4), (4A), (4B), (5) and (6)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
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797 Section 269M (heading)
Repeal the heading, substitute:
269M Comptroller-General of Customs may invite submissions or
seek other information, documents or material
798 Subsections 269M(1), (3), (4), (5) and (6)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
799 Subsection 269M(6)
Omit “section 16 of the Customs Administration Act 1985”, substitute
“Part 6 of the Australian Border Force Act 2015”.
800 Subsections 269N(1), (2), (3), (4) and (5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
801 Subsections 269P(1), (2), (3) and (4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
802 Subsections 269Q(1), (2), (3) and (4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
803 Subsection 269R(1)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
804 Subsections 269SA(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
805 Subsection 269SB(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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806 Subsection 269SB(3)
Omit “with Customs”.
807 Paragraph 269SB(3)(a)
Omit “at Customs House, Canberra”, substitute “by notice published on
the Department’s website”.
808 Subsections 269SC(1), (1A), (2), (3), (4) and (5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
809 Section 269SD (heading)
Repeal the heading, substitute:
269SD Revocation at the initiative of Comptroller-General of
Customs
810 Subsections 269SD(1AA), (1AB), (1), (1A), (2), (2A), (3) and (5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
811 Subsections 269SE(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
812 Section 269SF (heading)
Repeal the heading, substitute:
269SF Comptroller-General of Customs may seek information,
documents or material relating to revocation
813 Subsections 269SF(1) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
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814 Subsections 269SH(1), (3), (3A), (4), (5), (6), (7), (8) and (10)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
815 Subsection 269SH(13) (subparagraph (a)(iii) of the definition of affected person)
Omit “CEO”, substitute “Comptroller-General of Customs”.
816 Subsection 269SHA(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
817 Subsections 269SJ(1), (2) and (3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
818 Section 269SK
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
819 Subsection 269SMT(1)
Omit “the CEO, or an officer of Customs,”, substitute “an officer of
Customs”.
820 Subsection 269T(1)
Insert:
Commissioner means the Commissioner of the Anti-Dumping
Commission continued in existence under section 269SMB.
Commission staff member means a member of the staff assisting
the Commissioner as mentioned in subsection 269SMQ(1).
821 Section 269TBA
Omit “Customs”, substitute “the Commonwealth”.
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822 Paragraph 269TD(4)(b)
Omit “Customs may, at the time of making that determination”,
substitute “the Commonwealth may, at the time that determination is
made”.
823 Subsection 269TD(5)
Omit “Customs”, substitute “the Commonwealth”.
824 Subsection 269TN(2)
Omit “the Customs”, substitute “the Commonwealth”.
825 Paragraphs 269TN(3)(a), (4B)(b), (5)(a), (7)(b) and (8)(b)
Omit “the Customs”, substitute “the Commonwealth”.
826 Paragraph 269ZH(b)
Omit “the Customs”, substitute “the Commonwealth”.
827 Paragraph 269ZZYD(1)(a)
After “Commissioner”, insert “(within the meaning of Part XVB)”.
828 Subsections 269ZZYE(1), (2) and (3)
After “Commissioner”, insert “(within the meaning of Part XVB)”.
829 Subsection 269ZZYF(1)
After “Commissioner”, insert “(within the meaning of Part XVB)”.
830 Subsection 269ZZYG(2)
After “Commissioner”, insert “(within the meaning of Part XVB)”.
831 Subsection 269ZZYG(3)
After “Commissioner” (first occurring), insert “(within the meaning of
Part XVB)”.
832 Paragraph 269ZZYG(6)(a)
After “Commissioner”, insert “(within the meaning of Part XVB)”.
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833 At the end of paragraph 269ZZYG(6)(b)
Add “(within the meaning of that Part)”.
834 Subsection 269ZZYH(1)
After “Commissioner”, insert “(within the meaning of Part XVB)”.
835 Subsection 269ZZYH(1)
After “Commission staff member”, insert “(within the meaning of that
Part)”.
836 Subsection 269ZZYH(1)
Omit “the CEO, or an officer of Customs,”, substitute “an officer of
Customs”.
837 Subsection 270(1)
Omit “or for the conduct of any business relating to the Customs”.
838 Paragraph 270(1)(e)
Omit “the control of the Customs”, substitute “customs control”.
839 Section 271 (heading)
Repeal the heading, substitute:
271 Comptroller-General of Customs may make by-laws
840 Sections 271 and 272
Omit “CEO”, substitute “Comptroller-General of Customs”.
841 Subsections 273(1), (2) and (3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
842 Section 273A
Omit “CEO”, substitute “Comptroller-General of Customs”.
843 Subsection 273GAA(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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844 Subsection 273GAA(8)
Omit “CEO”, substitute “Comptroller-General of Customs”.
845 Subsection 273GAA(8)
Omit “CEO’s findings”, substitute “findings of the Comptroller-General
of Customs”.
846 Subsection 273GAA(9)
Omit “CEO”, substitute “Comptroller-General of Customs”.
847 Section 273GAB (heading)
Repeal the heading, substitute:
273GAB Authorisation to disclose information to an officer
848 Subsection 273GAB(1) (note)
Omit “Customs (including the officer)”, substitute “An officer”.
849 Subsection 273GAB(1) (note)
Omit “Section 16 of the Customs Administration Act 1985”, substitute
“Part 6 of the Australian Border Force Act 2015”.
850 Subsection 273GA(1)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
851 Subsection 273GA(6A)
Omit “CEO”, substitute “Comptroller-General of Customs”.
852 Subsection 273H(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
853 Section 273HA
Repeal the section.
854 Section 273L
Omit “Customs”, substitute “the Comptroller-General of Customs”.
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855 Sections 274 and 275
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
856 Subsection 275A(1)
Omit “the Customs”, substitute “this Act”.
857 Subsection 275A(4)
Repeal the subsection, substitute:
(4) If a Collector (not being the Comptroller-General of Customs)
gives a direction under subsection (1) not to move a ship or aircraft
from a boarding station, the Collector must as soon as practicable
notify the Comptroller-General of Customs of the giving of the
direction.
858 Paragraph 275A(5)(b)
Omit “CEO or the Regional Director for a State or Territory”, substitute
“Comptroller-General of Customs”.
859 Paragraph 275A(5)(b)
Omit “the Customs”, substitute “this Act”.
860 Schedule I
Omit “Security to the Customs”, substitute “Security to the
Commonwealth”.
861 Schedule I
Omit “the Customs of”.
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Part 2—Saving and transitional provisions
862 Transitional provision—authorised officers—person employed in Customs
(1) This item applies to an authorisation:
(a) that was given before the commencement of this item by the
Chief Executive Officer of Customs under the definition of
authorised officer in subsection 4(1) of the Customs Act
1901; and
(b) that was given in relation to a section of that Act; and
(c) that was given in relation to a named person covered by
paragraph (a) of the definition of Officer of Customs in
subsection 4(1) of that Act; and
(d) that was is in force immediately before that commencement.
(2) The authorisation continues in force on and after that commencement as
if it were an authorisation:
(a) given by the Comptroller-General of Customs under
subsection 4(1AA) of the Customs Act 1901; and
(b) given in relation to the section mentioned in paragraph (1)(b)
of this item; and
(c) given in relation to the named person as a person covered by
paragraph (c) of the definition of officer of Customs in
subsection 4(1) of that Act.
863 Transitional provision—other authorised officers
(1) This item applies to an authorisation:
(a) that was given before the commencement of this item by the
Chief Executive Officer of Customs under the definition of
authorised officer in subsection 4(1) of the Customs Act
1901; and
(b) that was given in relation to a section of that Act; and
(c) that was given in relation to a person covered by
paragraph (b) or (ba) of the definition of Officer of Customs
in subsection 4(1) of that Act; and
(d) that was is in force immediately before that commencement.
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(2) The authorisation continues in force on and after that commencement as
if it were an authorisation:
(a) given by the Comptroller-General of Customs under
subsection 4(1AA) of the Customs Act 1901; and
(b) given in relation to the section mentioned in paragraph (1)(b)
of this item; and
(c) given in relation to the person as a person covered by
paragraph (d) or (e) of the definition of officer of Customs in
subsection 4(1) of that Act.
864 Transitional provision—persons to whom paragraph (b) of the definition of Officer of Customs applies— authorisation
(1) This item applies to an authorisation:
(a) that was given in relation to a person before the
commencement of this item by the Chief Executive Officer
of Customs as mentioned in paragraph (b) of the definition of
Officer of Customs in subsection 4(1) of the Customs Act
1901; and
(b) that was in force immediately before that commencement.
(2) The authorisation continues in force on and after that commencement as
if it were an authorisation given in relation to the person by the
Comptroller-General of Customs under subsection 4(1B) of the
Customs Act 1901.
865 Transitional provision—persons to whom paragraph (b) of the definition of Officer of Customs applies— delegation
(1) This item applies to a delegation in force under section 14 of the
Customs Administration Act 1985 immediately before the
commencement of this item in relation to a person covered by
paragraph (b) of the definition of Officer of Customs in subsection 4(1)
of the Customs Act 1901.
(2) The delegation continues in force on and after that commencement as if
it were a delegation in force under subsection 54(1) of the Australian
Border Force Act 2015 in relation to the person as a person covered by
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paragraph (b) of the definition of Immigration and Border Protection
worker in subsection 4(1) of the Australian Border Force Act 2015.
866 Transitional provision—persons to whom paragraph (ba) of the definition of Officer of Customs applies— authorisation
(1) This item applies to an instrument:
(a) that was made before the commencement of this item by the
Chief Executive Officer of Customs as mentioned in
paragraph (ba) of the definition of Officer of Customs in
subsection 4(1) of the Customs Act 1901; and
(b) that was in force immediately before that commencement.
(2) The instrument continues in force on and after that commencement as if
it were an instrument made by the Comptroller-General of Customs
under subsection 4(1C) of the Customs Act 1901.
867 Transitional provision—persons to whom paragraph (ba) of the definition of Officer of Customs applies— delegation
(1) This item applies to a delegation in force under section 14 of the
Customs Administration Act 1985 immediately before the
commencement of this item in relation to a person covered by
paragraph (ba) of the definition of Officer of Customs in
subsection 4(1) of the Customs Act 1901.
(2) The delegation continues in force on and after that commencement as if
it were a delegation in force under subsection 54(1) of the Australian
Border Force Act 2015 in relation to the person as a person covered by
paragraph (b) of the definition of Immigration and Border Protection
worker in subsection 4(1) of the Australian Border Force Act 2015.
868 Transitional provision—persons to whom subparagraph (c)(i) of the definition of Officer of Customs applies
(1) This item applies to an authorisation:
(a) that was given in relation to a person before the
commencement of this item by the Chief Executive Officer
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of Customs as mentioned in subparagraph (c)(i) of the
definition of Officer of Customs in subsection 4(1) of the
Customs Act 1901; and
(b) that was given in relation to a provision of that Act; and
(c) that was in force immediately before that commencement.
(2) The authorisation continues in force on and after that commencement as
if it were an authorisation:
(a) given in relation to the person by the Comptroller-General of
Customs under subsection 4(1D) of the Customs Act 1901;
and
(b) given in relation to the provision mentioned in
paragraph (1)(b) of this item.
869 Transitional provision—persons to whom subparagraph (c)(ii) of the definition of Officer of Customs applies
(1) This item applies to an instrument:
(a) that was made before the commencement of this item by the
Chief Executive Officer of Customs as mentioned in
subparagraph (c)(ii) of the definition of Officer of Customs
in subsection 4(1) of the Customs Act 1901; and
(b) that was given in relation to a provision of that Act; and
(c) that was in force immediately before that commencement.
(2) The instrument continues in force on and after that commencement as if
it were an instrument:
(a) made by the Comptroller-General of Customs under
subsection 4(1E) of the Customs Act 1901; and
(b) made in relation to the provision mentioned in
paragraph (1)(b) of this item.
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870 Transitional provision—APS employees who are officers of Customs
To avoid doubt, the reference in paragraph (c) of the definition of
officer of Customs in subsection 4(1) of the Customs Act 1901, as
inserted by this Schedule, to an APS employee in the Department is a
reference to a person who is an APS employee in the Department,
whether the person became such an employee before, on or after the
commencement of this item.
871 Approved forms and approved statements
(1) An instrument approving a form and in force under subsection 4A(1) of
the Customs Act 1901 immediately before the commencement of this
item has effect on and after that commencement as if it were an
instrument approving that form and in force under that subsection as
amended by this Schedule.
(2) An instrument approving a statement and in force under
subsection 4A(1A) of the Customs Act 1901 immediately before the
commencement of this item has effect on and after that commencement
as if it were an instrument approving that statement and in force under
that subsection as amended by this Schedule.
872 Attachment of overseas resources installations
(1) A permission in force under subsection 5A(2) of the Customs Act 1901
immediately before the commencement of this item (including one that
had been varied under subsection 5A(4) of that Act) has effect on and
after that commencement as if it were a permission given under
subsection 5A(2) of that Act as amended by this Schedule.
(2) Any conditions of such a permission continue in force on and after that
commencement.
873 Installation of overseas sea installations
(1) A permission in force under subsection 5B(2) of the Customs Act 1901
immediately before the commencement of this item (including one that
had been varied under subsection 5B(4) of that Act) has effect on and
after that commencement as if it were a permission given under
subsection 5B(2) of that Act as amended by this Schedule.
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(2) Any conditions of such a permission continue in force on and after that
commencement.
874 Appointment of ports and airports
A notice in force under subsection 15(1) or (2) of the Customs Act 1901
immediately before the commencement of this item has effect on and
after that commencement as if it were a notice given under that
subsection as amended by this Schedule.
875 Accommodation on wharfs and at airports
An instrument in force under section 19 of the Customs Act 1901
immediately before the commencement of this item has effect on and
after that commencement as if it were an instrument given under that
section as amended by this Schedule.
876 Customs control of goods
Goods subject to the control of the Customs under the Customs Act
1901 immediately before the commencement of this item are taken on
and after that commencement to be subject to customs control under
that Act.
877 Exemptions under Torres Strait Treaty
(1) A notice in force under subsection 30A(2) or (3) of the Customs Act
1901 immediately before the commencement of this item has effect on
and after that commencement as if it were a notice given under that
subsection as amended by this Schedule.
(2) An application made to the Chief Executive Officer of Customs under
subsection 30A(4) of the Customs Act 1901 before the commencement
of this item has effect on and after that commencement as if it were an
application made to the Comptroller-General of Customs under that
subsection as amended by this Schedule.
(3) A notice given under subsection 30A(5) of the Customs Act 1901 before
the commencement of this item has effect on and after that
commencement as if it were a notice given under that subsection as
amended by this Schedule.
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878 Resources installations subject to customs control
(1) A permission in force under subsection 33A(2) of the Customs Act 1901
immediately before the commencement of this item (including one that
had been varied under subsection 33A(4) of that Act) has effect on and
after that commencement as if it were a permission given under
subsection 33A(2) of that Act as amended by this Schedule.
(2) Any conditions of such a permission continue in force on and after that
commencement.
879 Sea installations subject to customs control
(1) A permission in force under subsection 33B(2) of the Customs Act 1901
immediately before the commencement of this item (including one that
had been varied under subsection 33B(4) of that Act) has effect on and
after that commencement as if it were a permission given under
subsection 33B(2) of that Act as amended by this Schedule.
(2) Any conditions of such a permission continue in force on and after that
commencement.
880 Securities
(1) A security taken by the Customs under section 42 of the Customs Act
1901 before the commencement of this item and in effect immediately
before that commencement has effect on and after that commencement
as if it were a security taken by the Commonwealth under that section.
(2) An authority given under section 44 of the Customs Act 1901 before the
commencement of this item has effect on and after that commencement
as if it were an authority given under that section as amended by this
Schedule.
(3) An approval given under section 44 of the Customs Act 1901 before the
commencement of this item has effect on and after that commencement
as if it were an approval given under that section as amended by this
Schedule.
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881 Direct journeys between installations and external places prohibited
An authorisation in force under paragraph 58A(6)(c) of the Customs Act
1901 immediately before the commencement of this item has effect on
and after that commencement as if it were an authorisation given under
that paragraph as amended by this Schedule.
882 Direct journeys between certain resources installations and external places prohibited
An authorisation in force under paragraph 58B(6)(c) of the Customs Act
1901 immediately before the commencement of this item has effect on
and after that commencement as if it had been given under that
paragraph as amended by this Schedule.
883 Boarding stations
An approval in force under paragraph 60(2)(b) of the Customs Act 1901
immediately before the commencement of this item has effect on and
after that commencement as if it were an approval given under that
paragraph as amended by this Schedule.
884 Impending arrival report
A report made under subsection 64(2) of the Customs Act 1901 before
the commencement of this item has effect on and after that
commencement as if it were a report made under that subsection as
amended by this Schedule.
885 Arrival report
(1) A report made under subsection 64AA(2) of the Customs Act 1901
before the commencement of this item has effect on and after that
commencement as if it were a report made under that subsection as
amended by this Schedule.
(2) An instrument in force under subsection 64AA(3A) of the Customs Act
1901 immediately before the commencement of this item has effect on
and after that commencement as if it were an instrument in force under
that subsection as amended by this Schedule.
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886 Report of stores and prohibited goods
(1) A report made under subsection 64AAA(2) of the Customs Act 1901
before the commencement of this item has effect on and after that
commencement as if it were a report made under that subsection as
amended by this Schedule.
(2) An instrument in force under subsection 64AAA(3A) of the Customs
Act 1901 immediately before the commencement of this item has effect
on and after that commencement as if it were an instrument in force
under that subsection as amended by this Schedule.
887 Notifying Customs of particulars of cargo reporters
A report made under subsection 64AAB(2) of the Customs Act 1901
before the commencement of this item has effect on and after that
commencement as if it were a report made under that subsection as
amended by this Schedule.
888 Report to Customs of persons engaged to unload cargo
A report made under subsection 64AAC(2) of the Customs Act 1901
before the commencement of this item has effect on and after that
commencement as if it were a report made under that subsection as
amended by this Schedule.
889 Cargo reports
A report made under subsection 64AB(2) or (2A) of the Customs Act
1901 before the commencement of this item has effect on and after that
commencement as if it were a report made under that subsection as
amended by this Schedule.
890 Outturn reports
A report made under subsection 64ABAA(1), (2), (3) or (4) of the
Customs Act 1901 before the commencement of this item has effect on
and after that commencement as if it were a report made under that
subsection as amended by this Schedule.
891 Passenger reports
(1) A report made under subsection 64ACA(1) of the Customs Act 1901
before the commencement of this item has effect on and after that
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commencement as if it were a report made under that subsection as
amended by this Schedule.
(2) An approval in force under paragraph 64ACA(2)(a) or (b) of the
Customs Act 1901 immediately before the commencement of this item
has effect on and after that commencement as if it were an approval in
force under that paragraph as amended by this Schedule.
892 Crew reports
A report made under subsection 64ACB(1) of the Customs Act 1901
before the commencement of this item has effect on and after that
commencement as if it were a report made under that subsection as
amended by this Schedule.
893 Obligation to provide access to passenger information
A request made under subsection 64AF(1) of the Customs Act 1901
before the commencement of this item is taken on and after that
commencement to have been a request made under that subsection as
amended by this Schedule.
894 Master or pilot of wrecked ship or aircraft to report
A report made under subsection 65(1) or (2) of the Customs Act 1901
before the commencement of this item is taken on and after that
commencement to have been a report made under that subsection as
amended by this Schedule.
895 Special reporters
(1) The amendments made by this Schedule do not affect the continuity of
a registration of a person under Subdivision C of Division 3 of Part IV
of the Customs Act 1901 that was in force immediately before the
commencement of this item.
(2) Sections 67EE to 67EG of the Customs Act 1901, as amended by this
Schedule, apply in relation to such a registration.
(3) A designation in force under subsection 67EC(4) of the Customs Act
1901 immediately before the commencement of this item has effect on
and after that commencement as if it were a designation in force under
that subsection as amended by this Schedule.
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(4) A requirement made under subsection 67ED(5) or 67EK(12) of the
Customs Act 1901 before the commencement of this item is taken on
and after that commencement to have been a requirement made under
that subsection as amended by this Schedule.
(5) A thing done by the Chief Executive Officer of Customs under
subsection 67EK(1) or (4) of the Customs Act 1901 before the
commencement of this item is taken on and after that commencement to
have been a thing done under that subsection as amended by this
Schedule.
(6) A code allocated to a person under section 67EL of the Customs Act
1901 before the commencement of this item, where the person is
registered under Subdivision C of Division 3 of Part IV of that Act
immediately before that commencement, is taken on and after that
commencement to have been a code allocated under that section as
amended by this Schedule.
(7) A notice in force under subsection 67EM(1) of the Customs Act 1901
immediately before the commencement of this item is taken on and
after that commencement to have been a notice given under that
subsection as amended by this Schedule.
(8) A decision by the Chief Executive Officer of Customs under
section 67EM of the Customs Act 1901 before the commencement of
this item to cancel a registration is taken on and after that
commencement to have been a decision by the Comptroller-General of
Customs under that section to cancel that registration.
896 Re-mail reporters
(1) The amendments made by this Schedule do not affect the continuity of
a registration of a person under Subdivision E of Division 3 of Part IV
of the Customs Act 1901 that was in force immediately before the
commencement of this item.
(2) Any conditions of such a registration continue in force on and after that
commencement.
(3) A request made under subsection 67G(2) of the Customs Act 1901
before the commencement of this item is taken on and after that
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commencement to have been a request made under that subsection as
amended by this Schedule.
(4) A decision by the Chief Executive Officer of Customs under
section 67K of the Customs Act 1901 before the commencement of this
item to cancel a registration is taken on and after that commencement to
have been a decision by the Comptroller-General of Customs under that
section to cancel that registration.
897 Entry of imported goods
An entry made under subsection 68(3A) or (3B) of the Customs Act
1901 before the commencement of this item has effect on and after that
commencement as if it were an entry made under that subsection as
amended by this Schedule.
898 Special clearance goods
(1) An application to Customs under subsection 70(2) or (3) of the Customs
Act 1901 that was pending immediately before the commencement of
this item has effect on and after that commencement as if it were an
application under that subsection as amended by this Schedule.
(2) A notice given by an officer of Customs before the commencement of
this item under subsection 70(4) or (8) of the Customs Act 1901 is taken
on and after that commencement to have been a notice given under that
subsection by the Collector.
(3) A return given to Customs before the commencement of this item for
the purposes of section 70 of the Customs Act 1901 is taken on and after
that commencement to have been a return given to the Department for
the purposes of that section as amended by this Schedule.
899 Information and grant of authority to deal with goods not required to be entered
(1) Information given under section 71 of the Customs Act 1901 before the
commencement of this item is taken on and after that commencement to
have been information given under that section as amended by this
Schedule.
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(2) An authority in force under section 71 of the Customs Act 1901
immediately before the commencement of this item has effect on and
after that commencement as if it were an authority given under that
section as amended by this Schedule.
(3) Subitem (2) is taken to apply to an authority that was suspended
immediately before the commencement of this item. This subitem does
not affect the period of suspension of the authority.
(4) A self-assessed clearance declaration advice given under
subsection 71AAAG(1) of the Customs Act 1901 before the
commencement of this item is taken on and after that commencement to
have been given under that subsection as amended by this Schedule.
(5) A number given by Customs as mentioned in paragraph 71AAAG(2)(a)
of the Customs Act 1901 before the commencement of this item is taken
on and after that commencement to have been a number given by a
Collector.
(6) A direction given under section 71AAAH of the Customs Act 1901
before the commencement of this item is taken on and after that
commencement to have been a direction given under that section as
amended by this Schedule.
(7) A notice given under paragraph 71AAAP(6)(c) of the Customs Act 1901
before the commencement of this item is taken on and after that
commencement to have been a notice given under that paragraph as
amended by this Schedule.
(8) An annotation made by Customs as mentioned in section 71AAAS of
the Customs Act 1901 before the commencement of this item is taken on
and after that commencement to have been an annotation made by a
Collector.
900 Import declaration
An import declaration communicated to Customs under section 71A of
the Customs Act 1901 before the commencement of this item is taken on
and after that commencement to have been an import declaration
communicated to the Department under that section as amended by this
Schedule.
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901 Warehoused goods declaration fee
A declaration processed by Customs as mentioned in
subsection 71BA(1) of the Customs Act 1901 before the commencement
of this item is taken on and after that commencement to have been a
declaration processed for the purposes of that subsection as amended by
this Schedule.
902 Authority to deal with goods in respect of which an import declaration has been made
(1) An import declaration advice given under subsection 71C(1) of the
Customs Act 1901 before the commencement of this item is taken on
and after that commencement to have been given under that subsection
as amended by this Schedule.
(2) A number given by Customs as mentioned in paragraph 71C(3)(a) of
the Customs Act 1901 before the commencement of this item is taken on
and after that commencement to have been a number given by a
Collector.
(3) An authority given under subsection 71C(4) of the Customs Act 1901
before the commencement of this item is taken on and after that
commencement to have been an authority given under that subsection as
amended by this Schedule.
(4) Subitem (3) is taken to apply to an authority that was suspended
immediately before the commencement of this item. This subitem does
not affect the period of suspension of the authority.
903 Visual examination in presence of officer
An application under subsection 71D(1) of the Customs Act 1901 that
was pending immediately before the commencement of this item has
effect on and after that commencement as if it were an application under
that subsection as amended by this Schedule.
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904 Warehouse declaration
A warehouse declaration communicated to Customs under
section 71DH of the Customs Act 1901 before the commencement of
this item is taken on and after that commencement to have been a
warehouse declaration communicated to the Department under that
section as amended by this Schedule.
905 Authority to deal with goods in respect of which a warehouse declaration has been made
(1) A warehouse declaration advice given under subsection 71DJ(1) of the
Customs Act 1901 before the commencement of this item is taken on
and after that commencement to have been a warehouse declaration
advice given under that subsection as amended by this Schedule.
(2) A number given by Customs as mentioned in paragraph 71DJ(3)(a) of
the Customs Act 1901 before the commencement of this item is taken on
and after that commencement to have been a number given by a
Collector.
(3) An authority given under subsection 71DJ(4) of the Customs Act 1901
before the commencement of this item is taken on and after that
commencement to have been an authority given under that subsection as
amended by this Schedule.
(4) Subitem (3) is taken to apply to an authority that was suspended
immediately before the commencement of this item. This subitem does
not affect the period of suspension of the authority.
906 Visual examination in presence of officer
An application under subsection 71DK(1) of the Customs Act 1901 that
was pending immediately before the commencement of this item has
effect on and after that commencement as if it were an application under
that subsection as amended by this Schedule.
907 Application for movement permission
(1) An application under subsection 71E(1) of the Customs Act 1901 that
was pending immediately before the commencement of this item has
effect on and after that commencement as if it were an application under
that subsection as amended by this Schedule.
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(2) A lien that Customs has under subsection 71E(6) of the Customs Act
1901 immediately before the commencement of this item is taken on
and after that commencement to be a lien that the Commonwealth has
under that subsection as amended by this Schedule.
908 Withdrawal of import entries
(1) A withdrawal made under section 71F of the Customs Act 1901 before
the commencement of this item is taken on and after that
commencement to have been a withdrawal made under that section as
amended by this Schedule.
(2) A notice given under paragraph 71F(7)(c) of the Customs Act 1901
before the commencement of this item is taken on and after that
commencement to have been a notice given under that paragraph as
amended by this Schedule.
(3) An annotation made by Customs as mentioned in section 71J of the
Customs Act 1901 before the commencement of this item is taken on
and after that commencement to have been an annotation made by a
Collector.
909 Disclosure of information to cargo reporter or owner of goods
A request made under subsection 77AA(1), (2), (3), (4) or (5) of the
Customs Act 1901 before the commencement of this item has effect on
and after that commencement as if it were a request made under that
subsection as amended by this Schedule.
910 Minister may order goods to be detained
(1) An order made under subsection 77EA(1) of the Customs Act 1901
before the commencement of this item has effect on and after that
commencement as if it were an order made under that subsection as
amended by this Schedule.
(2) An authorisation given under subsection 77EF(4) of the Customs Act
1901 before the commencement of this item has effect on and after that
commencement as if it were an authorisation given under that
subsection as amended by this Schedule.
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911 Depots
An instrument referred to in the definition of International Mail Centre
in subsection 77F(1) of the Customs Act 1901, being an instrument in
force immediately before the commencement of this item, is taken on
and after that commencement to be an instrument in force under
subsection 77F(1A) of that Act.
912 Depot licences
(1) A licence in force under Part IVA of the Customs Act 1901 immediately
before the commencement of this item (including one varied under
section 77LA of that Act) continues in force on and after that
commencement as if it had been granted by the Comptroller-General of
Customs.
(2) Any conditions of such a licence continue in force on and after that
commencement. For this purpose, the conditions set out in
subsections 77N(2) to (10) and section 77P of the Customs Act 1901, as
amended by this Schedule, apply in relation to such a licence.
(3) Subitem (1) is taken to apply to a licence that was suspended
immediately before the commencement of this item. This subitem does
not affect the period of suspension of the licence.
(4) An application for a licence under Part IVA of the Customs Act 1901
that was made to the Chief Executive Officer of Customs before the
commencement of this item and that had not been decided before that
commencement is taken on and after that commencement to have been
an application made to the Comptroller-General of Customs.
(5) A notice given under subsection 77J(1) of the Customs Act 1901 before
the commencement of this item (including one modified under
subsection 77J(2) of that Act) is taken on and after that commencement
to have been a notice given under subsection 77J(1) of that Act as
amended by this Schedule.
(6) An application under section 77LA of the Customs Act 1901 that was
made to the Chief Executive Officer of Customs before the
commencement of this item and that had not been decided before that
commencement is taken on and after that commencement to have been
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an application made to the Comptroller-General of Customs under that
section as amended by this Schedule.
(7) A notice given under subsection 77LA(3) or 77V(1) of the Customs Act
1901 before the commencement of this item is taken on and after that
commencement to have been a notice given under that subsection as
amended by this Schedule.
(8) If a notice was given by the Chief Executive Officer of Customs under
paragraph 77Q(1B)(a) of the Customs Act 1901 before the
commencement of this item and the conditions in the notice had not
taken effect before that commencement, then on and after that
commencement the notice is taken to have been given by the
Comptroller-General of Customs under that paragraph as amended by
this Schedule.
(9) If a notice was given by the Chief Executive Officer of Customs under
subsection 77Q(2) of the Customs Act 1901 before the commencement
of this item and the variation had not taken effect before that
commencement, then on and after that commencement the notice is
taken to have been given by the Comptroller-General of Customs under
that subsection as amended by this Schedule.
(10) A requirement made under subsection 77VA(2) or 77X(2) of the
Customs Act 1901 before the commencement of this item is taken on
and after that commencement to have been a requirement made under
that subsection as amended by this Schedule.
(11) A notice given under subsection 77VC(1) or (2) of the Customs Act
1901 before the commencement of this item is taken on and after that
commencement to have been a notice given under that subsection as
amended by this Schedule.
(12) A request made under subsection 77VC(2) of the Customs Act 1901
before the commencement of this item is taken on and after that
commencement to have been a request made under that subsection as
amended by this Schedule.
913 Warehouse licences
(1) A licence in force under Part V of the Customs Act 1901 immediately
before the commencement of this item (including one varied under
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section 81B of that Act) continues in force on and after that
commencement as if it had been granted by the Comptroller-General of
Customs.
(2) Any conditions of such a licence continue in force on and after that
commencement. For this purpose, the condition set out in
subsection 82(1) of the Customs Act 1901, as amended by this
Schedule, applies in relation to such a licence.
(3) Subitem (1) is taken to apply to a licence that was suspended
immediately before the commencement of this item. This subitem does
not affect the period of suspension of the licence.
(4) An application for a licence under Part V of the Customs Act 1901 that
was made to the Chief Executive Officer of Customs before the
commencement of this item and that had not been decided before that
commencement is taken on and after that commencement to have been
an application made to the Comptroller-General of Customs.
(5) A notice given under subsection 80A(1) of the Customs Act 1901 before
the commencement of this item (including one modified under
subsection 80A(2) of that Act) is taken on and after that commencement
to have been a notice given under subsection 80A(1) of that Act as
amended by this Schedule.
(6) An application under section 81B or subsection 82(5) or 84(1) of the
Customs Act 1901 that was made to the Chief Executive Officer of
Customs before the commencement of this item and that had not been
decided before that commencement is taken on and after that
commencement to have been an application made to the
Comptroller-General of Customs under that section or subsection as
amended by this Schedule.
(7) A notice given under subsection 81B(3), 86(1) or 87(4) of the Customs
Act 1901 before the commencement of this item is taken on and after
that commencement to have been a notice given under that subsection
as amended by this Schedule.
(8) If a notice was given by the Chief Executive Officer of Customs under
paragraph 82A(2)(a) of the Customs Act 1901 before the
commencement of this item and the conditions in the notice had not
taken effect before that commencement, then on and after that
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commencement the notice is taken to have been given by the
Comptroller-General of Customs under that paragraph as amended by
this Schedule.
(9) If a notice was given by the Chief Executive Officer of Customs under
subsection 82B(1) of the Customs Act 1901 before the commencement
of this item and the variation had not taken effect before that
commencement, then on and after that commencement the notice is
taken to have been given by the Comptroller-General of Customs under
that subsection as amended by this Schedule.
(10) A requirement made under subsection 83(2) or 86(7) of the Customs Act
1901 before the commencement of this item is taken on and after that
commencement to have been a requirement made under that subsection
as amended by this Schedule.
(11) A notice given under section 87 of the Customs Act 1901 before the
commencement of this item cancelling a warehouse licence is taken on
and after that commencement to have been a notice given under that
section as amended by this Schedule.
(12) A request made under subsection 87(1A) or (7) of the Customs Act 1901
before the commencement of this item is taken on and after that
commencement to have been a request made under that subsection as
amended by this Schedule.
(13) Further time allowed by the Chief Executive Officer of Customs under
subsection 87(6) of the Customs Act 1901 before the commencement of
this item is taken on and after that commencement to have been further
time allowed by the Comptroller-General of Customs under that
subsection as amended by this Schedule.
914 Entry of goods without warehousing with permission of Customs
(1) An application made to Customs under subsection 100(1) of the
Customs Act 1901 before the commencement of this item has effect on
and after that commencement as if it were an application made to the
Department under that subsection as amended by this Schedule.
(2) A permission in force under subsection 100(6) of the Customs Act 1901
immediately before the commencement of this item continues in force
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on and after that commencement as if it were a permission given under
that subsection as amended by this Schedule.
915 Notices to Customs by holder of warehouse licence
A notice given to Customs before the commencement of this item under
subsection 102A(2) or (3) of the Customs Act 1901 is taken on and after
that commencement to have been a notice given to the Department
under that subsection as amended by this Schedule.
916 Notifying Customs of cargo terminal
An instrument approving a form and in force under section 102C of the
Customs Act 1901 immediately before the commencement of this item
has effect on and after that commencement as if it were an instrument
approving that form and in force under that section as amended by this
Schedule.
917 Obligations on cargo terminal operators and cargo handlers
(1) A notification given to Customs before the commencement of this item
under section 102C, 102CA, 102CC or 102CD of the Customs Act 1901
is taken on and after that commencement to have been a notification
given to the Department under that section as amended by this
Schedule.
(2) A sign placed by Customs before the commencement of this item as
mentioned in subsection 102CB(1) of the Customs Act 1901 is taken on
and after that commencement to have been a sign placed by an officer
of Customs.
(3) An instrument imposing obligations and in force under section 102CJ or
102DD of the Customs Act 1901 immediately before the
commencement of this item has effect on and after that commencement
as if it were an instrument imposing obligations and in force under that
section as amended by this Schedule.
(4) A direction given under section 102F of the Customs Act 1901 before
the commencement of this item is taken on and after that
commencement to have been given a direction given under that section
as amended by this Schedule.
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918 Provisions relating to beverages
(1) A permission in force under paragraph 105(1)(b) of the Customs Act
1901 immediately before the commencement of this item continues in
force on and after that commencement as if it were a permission given
under that paragraph as amended by this Schedule.
(2) An instrument of approval in force under paragraph 105(2)(a) of the
Customs Act 1901 immediately before the commencement of this item
has effect on and after that commencement as if it were an instrument of
approval in force under that paragraph as amended by this Schedule.
919 Provisions relating to excise-equivalent goods
A return given to Customs before the commencement of this item under
section 105C of the Customs Act 1901 is taken on and after that
commencement to have been a return given to the Department under
that section as amended by this Schedule.
920 Information about persons departing Australia
(1) A report given to Customs before the commencement of this item under
subsection 106B(1), 106C(1), 106D(1) or section 106F of the Customs
Act 1901 is taken on and after that commencement to have been a return
given to the Department under that subsection or section as amended by
this Schedule.
(2) An instrument of approval in force under subsection 106G(1) of the
Customs Act 1901 immediately before the commencement of this item
has effect on and after that commencement as if it were an instrument of
approval in force under that subsection as amended by this Schedule.
(3) An acknowledgment sent by Customs before the commencement of this
item as mentioned in subsection 106G(2) of the Customs Act 1901 is
taken on and after that commencement to have been an
acknowledgment sent by a Collector.
921 Export declaration
(1) An export declaration communicated to Customs under section 114 of
the Customs Act 1901 before the commencement of this item is taken on
and after that commencement to have been an export declaration
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communicated to the Department under that section as amended by this
Schedule.
(2) A refusal by Customs under subsection 114(8) of the Customs Act 1901
before the commencement of this item is taken on and after that
commencement to have been a refusal by a Collector under that
subsection as amended by this Schedule.
(3) A withdrawal communicated to Customs as mentioned in
subsection 114D(2) of the Customs Act 1901 before the commencement
of this item is taken on and after that commencement to have been a
withdrawal communicated to the Department.
922 Confirming exporters
(1) An application made to the Chief Executive Officer of Customs under
subsection 114B(1) of the Customs Act 1901 before the commencement
of this item has effect on and after that commencement as if it were an
application made to the Comptroller-General of Customs under that
subsection as amended by this Schedule.
(2) A grant in force under section 114B of the Customs Act 1901
immediately before the commencement of this item has effect on and
after that commencement as if it were a grant in force under that section
as amended by this Schedule.
(3) Any conditions of such a grant continue in force on and after that
commencement.
923 Goods entered for export
(1) An export entry advice given under subsection 114C(1) of the Customs
Act 1901 before the commencement of this item is taken on and after
that commencement to have been an export entry advice given under
that subsection as amended by this Schedule.
(2) An authority in force under subsection 114C(1) of the Customs Act
1901 immediately before the commencement of this item has effect on
and after that commencement as if it were an authority in force under
that subsection as amended by this Schedule.
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(3) Any conditions of such an authority continue in force on and after that
commencement.
(4) Subitem (2) is taken to apply to an authority that was suspended
immediately before the commencement of this item. This subitem does
not affect the period of suspension of the authority.
(5) A notice given to Customs before the commencement of this item under
subsection 114F(1A) or (1B) or 117AA(2) or (4) of the Customs Act
1901 is taken on and after that commencement to have been a notice
given to the Department under that subsection as amended by this
Schedule.
(6) A submanifest communicated to Customs before the commencement of
this item under subsection 117A(1) of the Customs Act 1901 is taken on
and after that commencement to have been a submanifest
communicated to the Department under that subsection as amended by
this Schedule.
(7) A notice sent by, and a submanifest number given by, Customs before
the commencement of this item under subsection 117A(3) of the
Customs Act 1901 is taken on and after that commencement to have
been a notice sent by, and a submanifest number given by, a Collector
under that subsection as amended by this Schedule.
924 Certificate of Clearance
(1) An application made to the Chief Executive Officer of Customs under
subsection 118(5) of the Customs Act 1901 before the commencement
of this item has effect on and after that commencement as if it were an
application made to the Comptroller-General of Customs under that
subsection as amended by this Schedule.
(2) An instrument approving a form and in force under subsection 118(9) of
the Customs Act 1901 immediately before the commencement of this
item has effect on and after that commencement as if it were an
instrument approving that form and in force under that subsection as
amended by this Schedule.
(3) An outward manifest communicated to Customs before the
commencement of this item under subsection 118A(2) or 119(1) of the
Customs Act 1901 is taken on and after that commencement to have
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been an outward manifest communicated to the Department under that
subsection as amended by this Schedule.
925 Application for permission to move, alter or interfere with goods for export
An application made to Customs under subsection 119AA(2) of the
Customs Act 1901 before the commencement of this item has effect on
and after that commencement as if it were an application made to the
Department under that subsection as amended by this Schedule.
926 Application for permission to move, alter or interfere with goods that are no longer for export
An application made to Customs under subsection 119AB(1) of the
Customs Act 1901 before the commencement of this item has effect on
and after that commencement as if it were an application made to the
Department under that subsection as amended by this Schedule.
927 Withdrawal of entries, submanifests and manifests
A withdrawal communicated to Customs as mentioned in
subsection 119A(1) of the Customs Act 1901 before the commencement
of this item is taken on and after that commencement to have been a
withdrawal communicated to the Department.
928 Examining goods for export that are not yet subject to Customs control
An amount of compensation paid by Customs before the
commencement of this item as mentioned in section 122Q of the
Customs Act 1901 is taken on and after that commencement to have
been an amount paid by the Commonwealth.
929 Certificate of landing
A requirement made by the Chief Executive Officer of Customs under
section 126 of the Customs Act 1901 before the commencement of this
item has effect on and after that commencement as if it were a
requirement made by the Comptroller-General of Customs under that
section as amended by this Schedule.
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930 Electronic communications
(1) Systems established by the Chief Executive Officer of Customs before
the commencement of this item as mentioned in section 126D of the
Customs Act 1901 are taken on and after that commencement to have
been systems established by the Comptroller-General of Customs.
(2) A publication made by the Chief Executive Officer of Customs under
section 126DA of the Customs Act 1901 before the commencement of
this item has effect on and after that commencement as if it were a
publication made by the Comptroller-General of Customs under that
section as amended by this Schedule.
(3) Records kept by the Chief Executive Officer of Customs before the
commencement of this item as mentioned in section 126DC of the
Customs Act 1901 are taken on and after that commencement to have
been records kept by the Comptroller-General of Customs.
(4) A notice given by the Chief Executive Officer of Customs under
subsection 126E(1) of the Customs Act 1901 before the commencement
of this item is taken on and after that commencement to have been a
notice given by the Comptroller-General of Customs under that
subsection as amended by this Schedule.
(5) Information communicated to Customs before the commencement of
this item as mentioned in subsection 126E(3) of the Customs Act 1901
is taken on and after that commencement to have been information
communicated to the Department.
(6) An undertaking given to Customs before the commencement of this
item under subsection 126F(2) of the Customs Act 1901 is taken on and
after that commencement to have been an undertaking given to the
Comptroller-General of Customs under that subsection as amended by
this Schedule.
(7) A notification given by Customs before the commencement of this item
as mentioned in subsection 126F(3) of the Customs Act 1901 is taken on
and after that commencement to have been a notification given by an
officer of Customs.
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931 Ships’ stores and aircraft’s stores
An instrument approving a form and in force under subsection 127(7) or
129(6) of the Customs Act 1901 immediately before the commencement
of this item has effect on and after that commencement as if it were an
instrument approving that form and in force under that subsection as
amended by this Schedule.
932 Duties—general
(1) A notice published by the Chief Executive Officer of Customs under
subsection 132B(1) of the Customs Act 1901 before the commencement
of this item is taken on and after that commencement to have been a
notice published by the Comptroller-General of Customs under that
subsection as amended by this Schedule.
(2) An order made by the Chief Executive Officer of Customs and in force
under subsection 132B(3) of the Customs Act 1901 immediately before
the commencement of this item (including an order varied under
section 132C of that Act) is taken on and after that commencement to
have been an order made by the Comptroller-General of Customs under
subsection 132B(3) of that Act as amended by this Schedule.
(3) A requirement made by Customs before the commencement of this item
as mentioned in subsection 132B(8) of the Customs Act 1901 is taken
on and after that commencement to have been a requirement made by
the Commonwealth.
(4) A security taken by Customs before the commencement of this item as
mentioned in subsection 132B(8) of the Customs Act 1901 is taken on
and after that commencement to have been a security taken by the
Commonwealth.
(5) An approval in force under subsection 137(3) of the Customs Act 1901
immediately before the commencement of this item has effect on and
after that commencement as if it were an approval in force under that
subsection as amended by this Schedule.
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933 Duties—alcoholic beverages
An instrument in force under subsection 153AC(1) of the Customs Act
1901 immediately before the commencement of this item has effect on
and after that commencement as if it were an instrument in force under
that subsection as amended by this Schedule.
934 Duties—preference claim goods
(1) A notice given by the Chief Executive Officer of Customs under
subsection 153E(4), (5) or (6), paragraph 153L(1)(c) or (4)(b),
153P(2)(c) or 153Q(1)(c), subsection 153R(1) or paragraph 153VA(d)
of the Customs Act 1901 before the commencement of this item is taken
on and after that commencement to have been a notice given by the
Comptroller-General of Customs under that subsection or paragraph as
amended by this Schedule.
(2) A determination made by the Chief Executive Officer of Customs and
in force under subsection 153LA(1), 153VC(1) or (2), 153VD(1) or
153ZIH(2) of the Customs Act 1901 immediately before the
commencement of this item is taken on and after that commencement to
have been a determination made by the Comptroller-General of
Customs under that subsection as amended by this Schedule.
(3) A requirement made by the Chief Executive Officer of Customs under
section 153UC of the Customs Act 1901 before the commencement of
this item is taken on and after that commencement to have been a
requirement made by the Comptroller-General of Customs under that
section as amended by this Schedule.
935 Valuation of imported goods
(1) A notice in force under subsection 161J(2) of the Customs Act 1901
immediately before the commencement of this item has effect on and
after that commencement as if it were a notice given under that
subsection as amended by this Schedule.
(2) A determination made by the Chief Executive Officer of Customs and
in force under paragraph 161J(3)(b) of the Customs Act 1901
immediately before the commencement of this item is taken on and
after that commencement to have been a determination made by the
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Comptroller-General of Customs under that paragraph as amended by
this Schedule.
(3) If a review by the Chief Executive Officer of Customs as mentioned in
subsection 161L(1) of the Customs Act 1901 was pending immediately
before the commencement of this item, then on and after that
commencement the Comptroller-General of Customs is to complete that
review.
(4) A decision made by the Chief Executive Officer of Customs under
subsection 161L(1) of the Customs Act 1901 before the commencement
of this item has effect on and after that commencement as if it were a
decision made by the Comptroller-General of Customs under that
subsection as amended by this Schedule.
936 Payment and recovery of deposits, refunds and unpaid duty
(1) A period allowed by the Chief Executive Officer of Customs before the
commencement of this item under subparagraph 162(3)(b)(i) or
162A(5)(b)(ii) of the Customs Act 1901 is taken on and after that
commencement to have been a period allowed by the
Comptroller-General of Customs under that subparagraph as amended
by this Schedule.
(2) A security or undertaking accepted by the Chief Executive Officer of
Customs before the commencement of this item as mentioned in
subsection 162A(2) of the Customs Act 1901 is taken on and after that
commencement to have been a security or undertaking accepted by the
Comptroller-General of Customs.
(3) A direction given under section 164B of the Customs Act 1901 before
the commencement of this item is taken on and after that
commencement to have been a direction given under that section as
amended by this Schedule.
(4) A demand made by the Chief Executive Officer of Customs under
subsection 165(3) of the Customs Act 1901 before the commencement
of this item is taken on and after that commencement to have been a
demand made by the Comptroller-General of Customs under that
subsection as amended by this Schedule.
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(5) A notice given by the Chief Executive Officer of Customs under
subsection 165A(2) of the Customs Act 1901 before the commencement
of this item is taken on and after that commencement to have been a
notice given by the Comptroller-General of Customs under that
subsection as amended by this Schedule.
937 Disputes as to duty
A notice given to Customs before the commencement of this item under
subsection 167(3) of the Customs Act 1901 is taken on and after that
commencement to have been a notice given to the Collector under that
subsection as amended by this Schedule.
938 Coasting trade
An instrument approving a form and in force under subsection 175(3G)
of the Customs Act 1901 immediately before the commencement of this
item has effect on and after that commencement as if it were an
instrument approving that form and in force under that subsection as
amended by this Schedule.
939 Agents and customs brokers
(1) A notice in force under subsection 181(2) of the Customs Act 1901
immediately before the commencement of this item has effect on and
after that commencement as if it were a notice given under that
subsection as amended by this Schedule.
(2) A notice given by the Chief Executive Officer of Customs under
subsection 183CK(1) or (2), section 183CP or subsection 183CQ(1) or
183CS(1) or (2) of the Customs Act 1901 before the commencement of
this item is taken on and after that commencement to have been a notice
given by the Comptroller-General of Customs under that subsection or
section as amended by this Schedule.
(3) A licence in force under Division 3 of Part XI of the Customs Act 1901
immediately before the commencement of this item (including one
varied under section 183CF of that Act), continues in force on and after
that commencement as if it had been granted by the
Comptroller-General of Customs.
(4) Any conditions of such a licence continue in force on and after that
commencement. For this purpose, the conditions set out in
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subsections 183CG(1) and (3) of the Customs Act 1901, as amended by
this Schedule, apply in relation to such a licence.
(5) Subitem (3) is taken to apply to a licence that was suspended
immediately before the commencement of this item. This subitem does
not affect the period of suspension of the licence.
(6) An application for a licence under Division 3 of Part XI of the Customs
Act 1901 that was made to the Chief Executive Officer of Customs
before the commencement of this item and that had not been decided
before that commencement is taken on and after that commencement to
have been an application made to the Comptroller-General of Customs.
(7) An application referred by the Chief Executive Officer of Customs to
the Committee before the commencement of this item as mentioned in
subsection 183CB(1) of the Customs Act 1901 is taken on and after that
commencement to have been an application referred by the
Comptroller-General of Customs.
(8) A report to the Chief Executive Officer of Customs before the
commencement of this item as mentioned in subsection 183CB(2) of the
Customs Act 1901 is taken on and after that commencement to have
been a report to the Comptroller-General of Customs.
(9) An exemption given by the Chief Executive Officer of Customs under
subsection 183CC(3) of the Customs Act 1901 before the
commencement of this item is taken on and after that commencement to
have been an exemption given by the Comptroller-General of Customs
under that subsection as amended by this Schedule.
(10) An approval given by the Chief Executive Officer of Customs under
subsection 183CC(5) of the Customs Act 1901 before the
commencement of this item is taken on and after that commencement to
have been an approval given by the Comptroller-General of Customs
under that subsection as amended by this Schedule.
(11) An application under section 183CF or subsection 183CG(7) or
183CJ(1) of the Customs Act 1901 that was made to the Chief Executive
Officer of Customs before the commencement of this item and that had
not been decided before that commencement is taken on and after that
commencement to have been an application made to the
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Comptroller-General of Customs under that section or subsection as
amended by this Schedule.
(12) If a notice was given by the Chief Executive Officer of Customs under
paragraph 183CGA(2)(a) of the Customs Act 1901 and the conditions in
the notice had not taken effect before that commencement, then on and
after that commencement the notice is taken to have been given by the
Comptroller-General of Customs under that paragraph as amended by
this Schedule.
(13) If a notice was given by the Chief Executive Officer of Customs under
subsection 183CGB(1) of the Customs Act 1901 and the variation had
not taken effect before that commencement, then on and after that
commencement the notice is taken to have been given by the
Comptroller-General of Customs under that subsection as amended by
this Schedule.
(14) A question referred by the Chief Executive Officer of Customs to the
Committee before the commencement of this item as mentioned in
subsection 183CQ(5) of the Customs Act 1901 is taken on and after that
commencement to have been a question referred by the
Comptroller-General of Customs.
(15) A report to the Chief Executive Officer of Customs before the
commencement of this item as mentioned in subsection 183CQ(7) of
the Customs Act 1901 is taken on and after that commencement to have
been a report to the Comptroller-General of Customs.
(16) A request made by the Chief Executive Officer of Customs before the
commencement of this item as mentioned in paragraph 183D(2)(d) of
the Customs Act 1901 is taken on and after that commencement to have
been a request made by the Comptroller-General of Customs.
(17) An appointment made under subsection 183DA(3), 183DC(1) or
183DD(1) of the Customs Act 1901 and that was in force immediately
before the commencement of this item is taken on and after that
commencement to have been an appointment made by the
Comptroller-General of Customs under that subsection as amended by
this Schedule.
(18) An instrument in force under subsection 183DA(5) or 183DD(2) of the
Customs Act 1901 immediately before the commencement of this item
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has effect on and after that commencement as if it were an instrument in
force under that subsection as amended by this Schedule.
(19) A determination in force under subsection 183DC(3) or 183DD(3) of
the Customs Act 1901 immediately before the commencement of this
item has effect on and after that commencement as if it were a
determination in force under that subsection as amended by this
Schedule.
940 Customs place
An instrument referred to in paragraph (f) of the definition of Customs
place in subsection 183UA(1) of the Customs Act 1901, being an
instrument in force immediately before the commencement of this item,
is taken on and after that commencement to be an instrument in force
under subsection 183UA(2) of that Act.
941 Person assisting
An authorisation of a person before the commencement of this item as
mentioned in paragraph (b) of the definition of person assisting in
subsection 183UA(1) of the Customs Act 1901 is taken on and after that
commencement to have been an authorisation by the
Comptroller-General of Customs.
942 Powers of officers
(1) An arrangement made under subsection 201(1B) of the Customs Act
1901 before the commencement of this item has effect on and after that
commencement as if it were an arrangement made under that subsection
as amended by this Schedule.
(2) A notice given under subsection 203T(2) of the Customs Act 1901
before the commencement of this item has effect on and after that
commencement as if it were a notice given under that subsection as
amended by this Schedule.
(3) A claim made to the Chief Executive Officer of Customs under
section 205B of the Customs Act 1901 before the commencement of this
item is taken on and after that commencement to have been a claim
made to the Comptroller-General of Customs under that section as
amended by this Schedule.
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(4) Goods dealt with in accordance with subsection 206(1), (1A) or (2) or
209J(1) of the Customs Act 1901 before the commencement of this item
are taken on and after that commencement to have been dealt with in
accordance with that subsection as amended by this Schedule.
(5) A notice given or published by the Chief Executive Officer of Customs
under subsection 206(3) of the Customs Act 1901 before the
commencement of this item is taken on and after that commencement to
have been a notice given or published by the Comptroller-General of
Customs under that subsection as amended by this Schedule.
(6) A security given to the Chief Executive Officer of Customs under
section 208 of the Customs Act 1901 before the commencement of this
item is taken on and after that commencement to have been a security
given to the Comptroller-General of Customs under that section as
amended by this Schedule.
(7) Directions in force under paragraph 208D(a), subsection 209K(1) or
section 209R of the Customs Act 1901 immediately before the
commencement of this item continue in force on and after that
commencement as if they were directions in force under that paragraph,
subsection or section as amended by this Schedule.
(8) A notification to, or evidence provided to, Customs before the
commencement of this item as mentioned in section 209X, 209Z or
209ZA of the Customs Act 1901 is taken on and after that
commencement to have been a notification to, or evidence provided to,
the Department.
943 Security identification cards
A determination in force under paragraph 213B(3)(b) of the Customs
Act 1901 immediately before the commencement of this item has effect
on and after that commencement as if it were a determination in force
under that paragraph as amended by this Schedule.
944 Monitoring powers
(1) Information communicated by a person to Customs as mentioned in
paragraph 214AB(2)(e), 214AE(1)(c) or 214AF(2)(c) of the Customs
Act 1901 before the commencement of this item is taken on and after
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that commencement to have been information communicated by the
person to the Department.
(2) An authorisation in force under subsection 214AC(1) or 214BAD(1) of
the Customs Act 1901 immediately before the commencement of this
item has effect on and after that commencement as if it were an
authorisation in force under that subsection as amended by this
Schedule.
945 Disposal of abandoned goods
Expenses incurred by the Customs before the commencement of this
item as mentioned in subsection 218A(3) of the Customs Act 1901 are
taken on and after that commencement to have been expenses incurred
by the Commonwealth.
946 Detention and search of suspects
(1) An application by the Chief Executive Officer of Customs under
section 219SB, 219T, 219U, 219V or 219X of the Customs Act 1901
that was pending immediately before the commencement of this item
has effect on and after that commencement as if it were an application
by the Comptroller-General of Customs under that section as amended
by this Schedule.
(2) The amendments made by this Schedule do not affect the validity of an
order made before the commencement of this item under section 219T,
219U, 219V or 219X of the Customs Act 1901. Such an order made in
relation to an application by the Chief Executive Officer of Customs is
taken on and after that commencement to have been an order made in
relation to an application by the Comptroller-General of Customs.
(3) A statement made by the Chief Executive Officer of Customs before the
commencement of this item as mentioned in subsection 219ZAB(3) of
the Customs Act 1901 is taken on and after that commencement to have
been a statement made by the Comptroller-General of Customs.
(4) An authorisation in force under subsection 219ZAC(1) of the Customs
Act 1901 immediately before the commencement of this item has effect
on and after that commencement as if it were an authorisation in force
under that subsection as amended by this Schedule.
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(5) A specification under subsection 219ZAC(1) of the Customs Act 1901
that was in force immediately before the commencement of this item is
taken on and after that commencement to have been a specification
under that subsection as amended by this Schedule.
(6) Directions of the Chief Executive Officer of Customs in force under
subsection 219ZH(3) of the Customs Act 1901 immediately before the
commencement of this item have effect on and after that
commencement as if they were directions of the Comptroller-General of
Customs in force under that subsection.
947 Special provisions relating to prohibited items
(1) Conditions in force under subsection 227F(7) of the Customs Act 1901
immediately before the commencement of this item have effect on and
after that commencement as if they were conditions in force under that
subsection as amended by this Schedule.
(2) Activity undertaken by or on behalf of Customs before the
commencement of this item as mentioned in paragraph 227G(1)(a) of
the Customs Act 1901 is taken on and after that commencement to have
been activity undertaken by or on behalf of the Commonwealth.
948 Protection from criminal responsibility
Section 233BABA of the Customs Act 1901, as in force immediately
before the commencement of this item, continues to apply on and after
that commencement in relation to a person who was an officer of
Customs at any time before that commencement.
949 Evidence of analyst
An appointment in force under subsection 233BA(1) of the Customs Act
1901 immediately before the commencement of this item has effect on
and after that commencement as if it were an appointment in force
under that subsection as amended by this Schedule.
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950 Customs offences
A thing treated or taken to be a statement made to the Chief Executive
Officer of Customs before the commencement of this item as mentioned
in subsection 234(2A), (2B), (2BA), (2BB) or (2BC) of the Customs Act
1901 is taken on and after that commencement to have been a thing
treated or taken to be a statement made to the Comptroller-General of
Customs.
951 Places set aside for purposes of Act
A notice in force under subsection 234AA(3) of the Customs Act 1901
immediately before the commencement of this item has effect on and
after that commencement as if it were a notice in force under that
subsection as amended by this Schedule.
952 Unauthorised entry to places and on ships, aircraft or wharves
A determination in force under paragraph 234A(1A)(e) of the Customs
Act 1901 immediately before the commencement of this item has effect
on and after that commencement as if it were a determination in force
under that paragraph as amended by this Schedule.
953 Verifying communications to Customs
Section 240AB of the Customs Act 1901 applies on and after the
commencement of this item as if a reference in that section to a
communication to the Department included a reference to a
communication to Customs.
954 Pecuniary penalties
(1) Proceedings instituted by the Chief Executive Officer of Customs, on
behalf of the Commonwealth, under subsection 243B(1) of the Customs
Act 1901 that were pending in a court immediately before the
commencement of this item are taken on and after that commencement
to have been proceedings instituted under that subsection by the
Comptroller-General of Customs, on behalf of the Commonwealth.
(2) An application by the Chief Executive Officer of Customs under
paragraph 243CA(2)(a) of the Customs Act 1901 that was pending in a
court immediately before the commencement of this item is taken on
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and after that commencement to have been an application by the
Comptroller-General of Customs under that paragraph as amended by
this Schedule.
(3) An application by the Chief Executive Officer of Customs under
subsection 243E(1) of the Customs Act 1901 that was pending in a court
immediately before the commencement of this item is taken on and
after that commencement to have been an application by the
Comptroller-General of Customs under that subsection as amended by
this Schedule.
(4) For the purposes of an application referred to in subitem (3), if, before
the commencement of this item, the Chief Executive Officer of
Customs had given an undertaking mentioned in subsection 243E(6) of
the Customs Act 1901, the undertaking is taken on and after that
commencement to have been an undertaking given by the
Comptroller-General of Customs.
(5) An application by the Chief Executive Officer of Customs under
subsection 243F(2), 243G(2A) or 243K(2) of the Customs Act 1901 that
was pending in a court immediately before the commencement of this
item is taken on and after that commencement to have been an
application by the Comptroller-General of Customs under that
subsection as amended by this Schedule.
(6) An order in force under subsection 243F(1) of the Customs Act 1901
immediately before the commencement of this item directing a person
to give the Chief Executive Officer of Customs a statement (where the
statement had not been given before that commencement) is taken on
and after that commencement to be an order directing the person to give
the Comptroller-General of Customs the statement.
(7) If before the commencement of this item a person gave a statement to
the Chief Executive Officer of Customs under an order under
subsection 243F(1) of the Customs Act 1901, then on and after that
commencement the statement is taken to have been given to the
Comptroller-General of Customs under that order.
(8) Subsection 243L(1) of the Customs Act 1901 applies on and after the
commencement of this item as if a reference in that subsection to the
Comptroller-General of Customs included a reference to the Chief
Executive Officer of Customs.
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955 Failure to answer questions
A nomination in force immediately before the commencement of this
item as mentioned in paragraph 243SA(2)(a) of the Customs Act 1901 is
taken on and after that commencement to have been a nomination to a
monitoring officer.
956 Electronic communications
An electronic communication taken to be a statement made to the Chief
Executive Officer of Customs before the commencement of this item as
mentioned in section 243W of the Customs Act 1901 is taken on and
after that commencement to be a statement made to the
Comptroller-General of Customs.
957 Infringement notices
Directions in force under subsection 243Y(3) of the Customs Act 1901
immediately before the commencement of this item have effect on and
after that commencement as if they were directions in force under that
subsection as amended by this Schedule.
958 Customs prosecutions
(1) Proceedings instituted by the Chief Executive Officer of Customs in the
name of the office of the Chief Executive Officer of Customs under
Part XIV of the Customs Act 1901 that were pending in a court
immediately before the commencement of this item are taken on and
after that commencement to have been proceedings instituted by the
Comptroller-General of Customs.
(2) A certification under section 256 of the Customs Act 1901 before the
commencement of this item is taken on and after that commencement to
have been a certification under that section as amended by this
Schedule.
(3) A direction in force under subsection 264(1) of the Customs Act 1901
immediately before the commencement of this item has effect on and
after that commencement as if it were a direction in force under that
subsection as amended by this Schedule.
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959 Tenders for rights to enter goods for home consumption at concessional rates
(1) An undertaking given before the commencement of this item under
subsection 267(1) or 268(2) of the Customs Act 1901 is taken on and
after that commencement to have been an undertaking given under that
subsection as amended by this Schedule.
(2) An approval in force under subsection 268(1) of the Customs Act 1901
immediately before the commencement of this item has effect on and
after that commencement as if it were an approval in force under that
subsection as amended by this Schedule.
(3) A security given before the commencement of this item under
subsection 268(2) of the Customs Act 1901 is taken on and after that
commencement to have been a security given under that subsection as
amended by this Schedule.
960 Tariff concession orders
(1) Directions in force under subsection 269D(4) of the Customs Act 1901
immediately before the commencement of this item have effect on and
after that commencement as if they were directions in force under that
subsection as amended by this Schedule.
(2) An application under subsection 269F(1) or 269SH(1) of the Customs
Act 1901 that was pending immediately before the commencement of
this item has effect on and after that commencement as if it were an
application under that subsection as amended by this Schedule.
(3) A notice published under subsection 269G(3), 269HA(2) or 269K(1),
paragraph 269L(4B)(b), subsection 269N(4), paragraph 269R(1)(b),
subsection 269SC(1A), 269SD(1AA), 269SE(2), 269SH(3A),
paragraph 269SH(10)(b) or subsection 269SHA(2) or 269SJ(3) of the
Customs Act 1901 before the commencement of this item is taken on
and after that commencement to have been a notice published under that
subsection or paragraph as amended by this Schedule.
(4) A notice given by the Chief Executive Officer of Customs under
subsection 269H(1), paragraph 269HA(1)(b), subsection 269L(1),
269M(1) or (4) or paragraph 269R(1)(a), 269SE(1)(a) or 269SH(10)(a)
of the Customs Act 1901 before the commencement of this item is taken
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on and after that commencement to have been a notice given by the
Comptroller-General of Customs under that subsection or paragraph as
amended by this Schedule.
(5) If, under section 269H of the Customs Act 1901 and before the
commencement of this item, the Chief Executive Officer of Customs
accepted an application as a valid application, then on and after that
commencement the Comptroller-General of Customs is taken to have
accepted that application as a valid application.
(6) A declaration under section 269J of the Customs Act 1901 that was in
force immediately before the commencement of this item has effect on
and after that commencement as if it were a declaration in force under
that section as amended by this Schedule.
(7) A submission lodged with the Chief Executive Officer of Customs
under section 269K, 269M or 269SD of the Customs Act 1901 before
the commencement of this item is taken on and after that
commencement to have been a submission lodged with the
Comptroller-General of Customs under that section as amended by this
Schedule.
(8) A notification to or by the Chief Executive Officer of Customs under
subsection 269L(2), paragraph 269L(4B)(a) or subsection 269L(5) or
269N(3) or (5) of the Customs Act 1901 before the commencement of
this item is taken on and after that commencement to have been a
notification to or by the Comptroller-General of Customs under that
subsection or paragraph as amended by this Schedule.
(9) A thing done by the Chief Executive Officer of Customs under
subsection 269L(4) or 269M(6) of the Customs Act 1901 before the
commencement of this item is taken on and after that commencement to
have been a thing done by the Comptroller-General of Customs under
that subsection as amended by this Schedule.
(10) A tariff concession order made under section 269P or 269Q of the
Customs Act 1901, or taken to be made under that section because of the
operation of section 269SC of that Act, and that was in force
immediately before the commencement of this item is taken on and
after that commencement to have been a tariff concession order made
under section 269P or 269Q of that Act as amended by this Schedule (as
the case requires).
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(11) A request made under section 269SB of the Customs Act 1901 before
the commencement of this item is taken on and after that
commencement to have been a request made under that section as
amended by this Schedule.
961 Special provisions relating to anti-dumping duties
(1) Information disclosed under subsection 269SMT(1) of the Customs Act
1901 to the Chief Executive Officer of Customs before the
commencement of this item is taken on and after that commencement to
have been information disclosed to the Comptroller-General of Customs
under that subsection as amended by this Schedule.
(2) Section 269TN of the Customs Act 1901 applies on and after the
commencement of this item as if a reference in that section to the
Commonwealth having the right to require and take a security included
a reference to the Customs having the right to require and take a
security.
962 International Trade Remedies Forum
Information disclosed under subsection 269ZZYH(1) of the Customs
Act 1901 to the Chief Executive Officer of Customs before the
commencement of this item is taken on and after that commencement to
have been information disclosed to the Comptroller-General of Customs
under that subsection as amended by this Schedule.
963 By-laws and determinations
A by-law or determination that was in force immediately before the
commencement of this item under Part XVI of the Customs Act 1901 is
taken on and after that commencement to be a by-law or determination
in force under that Part as amended by this Schedule.
964 Miscellaneous
(1) Subsections 273GA(1) and (6A) and 273H(1) of the Customs Act 1901
apply on and after the commencement of this item as if a decision made
by the Chief Executive Officer of Customs before that commencement
were a decision made by the Comptroller-General of Customs.
(2) An application under section 273GA or 273H of the Customs Act 1901
that was pending in the Administration Appeals Tribunal immediately
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before the commencement of this item may continue to be dealt with by
the Tribunal on and after that commencement.
965 Part does not limit operation of section 7 of the Acts Interpretation Act 1901
This Part does not limit the operation of section 7 of the Acts
Interpretation Act 1901.
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Part 1 Repeals
Schedule 2—Repeal of Customs Administration Act
Part 1—Repeals
Customs Administration Act 1985
1 The whole of the Act
Repeal the Act.
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Part 2—Consequential amendments
Commerce (Trade Descriptions) Act 1905
2 Subsection 5(4)
Omit “Without limiting the generality of the power conferred on the
CEO under subsection 4(4) of the Customs Administration Act 1985, the
CEO may give directions in writing under that subsection concerning”,
substitute “The Comptroller-General of Customs may, by writing, give
directions concerning”.
3 Paragraph 5(4)(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
Horticulture Marketing and Research and Development
Services Act 2000
4 Section 26A
Omit “Horticulture Australia Limited”, substitute “Horticulture
Innovation Australia Limited”.
5 Section 26A
Omit “a Commonwealth agency for the purposes of section 16 of the
Customs Administration Act 1985”, substitute “an authority of the
Commonwealth for the purposes of Part 6 of the Australian Border
Force Act 2015”.
6 Section 26A (note)
Repeal the note, substitute:
Note: Part 6 of the Australian Border Force Act 2015 allows certain persons
to disclose information to authorities of the Commonwealth in certain
circumstances.
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Quarantine Act 1908
7 Subsection 16AC(6)
Omit “a person to whom section 16 of the Customs Administration Act
1985 applies may, despite that section”, substitute “an entrusted person
(within the meaning of the Australian Border Force Act 2015) may,
despite Part 6 of the Australian Border Force Act 2015”.
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Part 3—Saving provisions
8 Saving provisions
Reporting of serious misconduct
(1) Despite the repeal of the Customs Administration Act 1985 made by this
Schedule, subsections 4C(2) and (3) of that Act, as in force immediately
before the commencement of this item, continue to apply on and after
that commencement in relation to information given, an answer given or
a document produced before that commencement.
Declaration of serious misconduct
(2) Despite the repeal of the Customs Administration Act 1985 made by this
Schedule, section 15A of that Act, as in force immediately before the
commencement of this item, continues to apply on and after that
commencement in relation to a declaration that was made under
subsection 15A(2) of that Act before that commencement.
Secrecy
(3) Despite the repeal of the Customs Administration Act 1985 made by this
Schedule, section 16 of that Act, as in force immediately before the
commencement of this item, continues to apply on and after that
commencement in relation to the making of a record, or the disclosure,
of protected information before that commencement.
Alcohol and drug tests
(4) Despite the repeal of the Customs Administration Act 1985 made by this
Schedule, that Act and the regulations under that Act, as in force
immediately before the commencement of this item, continue to apply
on and after that commencement in relation to the following:
(a) a requirement given under subsection 16B(1) of that Act
before that commencement;
(b) a direction given under subsection 16C(1) of that Act before
that commencement;
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(c) an incident that occurred before that commencement in
relation to which paragraphs 16D(1)(a) and (b) of that Act
applied or paragraph 16D(2)(a) or (b) of that Act applied;
(d) a direction given under subsection 16D(3) or (5) of that Act
before that commencement.
For the purposes of that Act and those regulations continuing to so
apply:
(e) the Customs worker concerned is taken to continue to be a
Customs worker on and after that commencement; and
(f) a person who was an authorised officer under that Act
immediately before that commencement is taken to continue
to be an authorised officer on and after that commencement.
(5) Despite the repeal of the Customs Administration Act 1985 made by this
Schedule, section 16G of that Act, as in force immediately before the
commencement of this item, continues to apply on and after that
commencement in relation to the following:
(a) a certificate or other document recording the results of a test
conducted under section 16B, 16C or 16D of that Act;
(b) any other information, answer to a question or document
relevant to conducting such a test.
For the purposes of section 16G of that Act continuing to so apply:
(c) the Customs worker concerned is taken to continue to be a
Customs worker on and after that commencement; and
(d) a reference in paragraph 16G(c) of that Act to the CEO is
taken to include a reference to the Secretary of the
Department.
Interpretation
(6) This item does not limit the operation of section 7 of the Acts
Interpretation Act 1901.
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Schedule 3—Amendments of Migration Act
Migration Act 1958
1 Subsection 5(1)
Insert:
Australian Border Force Commissioner has the same meaning as
in the Australian Border Force Act 2015.
2 Subsection 5(1) (definition of authorised officer)
Omit “or the Secretary”, substitute “, the Secretary or the Australian
Border Force Commissioner”.
3 Subsection 5(1) (subparagraph (a)(ii) of the definition of immigration detention)
After “Secretary”, insert “or Australian Border Force Commissioner”.
4 Subsection 5D(1)
Omit “or Secretary”, substitute “, Secretary or Australian Border Force
Commissioner”.
5 Subsection 137(1)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
6 Subsection 137(2)
After “Secretary” (first occurring), insert “or Australian Border Force
Commissioner”.
7 Subsection 137(2)
After “Secretary” (second occurring), insert “, the Australian Border
Force Commissioner”.
8 Subsection 137(4)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
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9 Paragraph 140XD(1)(a)
After “Secretary”, insert “or Australian Border Force Commissioner”.
10 Section 140XJ (heading)
Repeal the heading, substitute:
140XJ Disclosure of information by the Secretary or Australian
Border Force Commissioner
11 Subsection 140XJ(2)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
12 Subsection 213(1)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
13 Section 216
After “Secretary”, insert “or Australian Border Force Commissioner”.
14 Subsections 217(1) and (2)
After “Secretary”, insert “or Australian Border Force Commissioner”.
15 Subsections 218(1) and (2)
After “Secretary”, insert “or Australian Border Force Commissioner”.
16 Paragraph 219(b)
After “Secretary”, insert “or Australian Border Force Commissioner”.
17 Subsections 222(1) and (2)
After “Secretary”, insert “or Australian Border Force Commissioner”.
18 Section 223 (heading)
Repeal the heading, substitute:
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223 Secretary or Australian Border Force Commissioner may give
direction about valuables of detained non-citizens
19 Sections 223 and 224
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
20 Paragraphs 247(2)(a) and (b), (3)(b) and (4)(c)
After “Secretary”, insert “or Australian Border Force Commissioner”.
21 Subsection 251(4)
After “Secretary”, insert “or Australian Border Force Commissioner”.
22 Subparagraph 252A(3)(c)(i)
After “Secretary”, insert “or Australian Border Force Commissioner”.
23 Subsections 253(8) and (9)
Omit “or the Secretary”, substitute “, Secretary or Australian Border
Force Commissioner”.
24 Subsection 254(2)
After “Secretary”, insert “or Australian Border Force Commissioner”.
25 Subsections 259(1) and (2)
After “Secretary”, insert “or Australian Border Force Commissioner”.
26 Subsection 260(1)
After “Secretary”, insert “or Australian Border Force Commissioner”.
27 Subsection 260(1)
After “Secretary’s”, insert “or Australian Border Force
Commissioner’s”.
28 Subsections 260(2), (4) and (5)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
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29 Subsections 261(1) and (2)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
30 Subsection 261AE(8) (definition of senior authorising officer)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
31 Subsections 261AK(3) and (4)
After “Secretary”, insert “, Australian Border Force Commissioner”.
32 Subsection 261AK(10) (definition of senior authorising officer)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
33 Subsections 261AKC(1), (2) and (3)
After “Secretary”, insert “or Australian Border Force Commissioner”.
34 Subparagraph 261D(3)(d)(i)
After “Secretary”, insert “or Australian Border Force Commissioner”.
35 At the end of paragraph 261D(3)(e)
Add “or Australian Border Force Commissioner”.
36 Subsections 261E(1) and (2)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
37 Subparagraph 261F(1)(a)(i)
After “Secretary”, insert “or Australian Border Force Commissioner”.
38 Paragraph 261G(1)(c)
After “Secretary”, insert “or Australian Border Force Commissioner”.
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39 Subsection 261G(1) (notes 1 and 2)
After “Secretary”, insert “or Australian Border Force Commissioner”.
40 Subsection 261G(2)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
41 Subsection 261H(1)
After “Secretary”, insert “or Australian Border Force Commissioner”.
42 Section 263 (heading)
Repeal the heading, substitute:
263 Secretary or Australian Border Force Commissioner able to
issue notice of debt
43 Paragraph 263(b)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
44 Subsections 264(1), (3) and (5)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
45 Section 266
After “Secretary”, insert “or Australian Border Force Commissioner”.
46 Subsections 267(1), (2) and (3)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
47 Subsections 268BA(1) and (2)
After “Secretary”, insert “or Australian Border Force Commissioner”.
48 Subsection 268BA(2) (note)
After “Secretary”, insert “or Australian Border Force Commissioner”.
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49 Subsections 268BC(1) and (2)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
50 Subsections 268BD(1) and (2)
After “Secretary”, insert “or Australian Border Force Commissioner”.
51 Subsection 268BD(2) (note)
After “Secretary”, insert “or Australian Border Force Commissioner”.
52 Subsections 268BN(1) and (3)
After “Secretary”, insert “or Australian Border Force Commissioner”.
53 Subsection 268CZA(1)
After “Secretary”, insert “or Australian Border Force Commissioner”.
54 At the end of paragraph 268CZA(2)(c)
Add “or Australian Border Force Commissioner”.
55 Section 274 (heading)
Repeal the heading, substitute:
274 Secretary or Australian Border Force Commissioner may issue
documents containing information concerning certain
persons
56 Subsection 274(2)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
57 Paragraph 274(3)(b)
After “Secretary’s”, insert “or Australian Border Force
Commissioner’s”.
58 Paragraph 274(3)(c)
After “Secretary”, insert “or Australian Border Force Commissioner”.
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59 Subsections 336D(1), (2) and (3)
After “Secretary”, insert “or Australian Border Force Commissioner”.
60 Subsections 336F(1) and (2)
After “Secretary”, insert “or Australian Border Force Commissioner”.
61 Subsections 336FC(1), (2), (3) and (4)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
62 Sections 478 and 479
After “Secretary”, insert “or Australian Border Force Commissioner”.
63 Section 487B (heading)
Repeal the heading, substitute:
487B Secretary or Australian Border Force Commissioner may
require a person to give information or produce a
document
64 Subsection 487B(1)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
65 Subsection 487Y(1)
After “Secretary”, insert “or Australian Border Force Commissioner”.
66 Subsection 487Y(3)
After “The Secretary”, insert “or Australian Border Force
Commissioner”.
67 Paragraph 487Y(3)(c)
After “Secretary”, insert “, the Australian Border Force Commissioner”.
68 Subsections 487Z(1) and (2)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
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69 Subsections 487ZA(1) and (2)
After “Secretary” (wherever occurring), insert “or Australian Border
Force Commissioner”.
70 Subsection 487ZG(1)
After “Secretary”, insert “or Australian Border Force Commissioner”.
71 Paragraph 487ZG(3)(a)
After “Secretary”, insert “or Australian Border Force Commissioner”.
72 At the end of paragraph 487ZG(4)(c)
Add “or Australian Border Force Commissioner”.
73 Saving provisions
(1) The amendment of the definition of authorised officer in
subsection 5(1) of the Migration Act 1958 made by this Schedule does
not affect the validity of an authorisation that is in force immediately
before the commencement of this item.
(2) The amendments of subsections 253(8) and (9) of the Migration Act
1958 made by this Schedule do not affect the validity of a direction
under subsection 253(8) of that Act, or an order under subsection 253(9)
of that Act, that is in force immediately before the commencement of
this item.
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Amendments of Work Health and Safety Act Schedule 4
Schedule 4—Amendments of Work Health and Safety Act
Work Health and Safety Act 2011
1 Section 4
Insert:
Australian Border Force has the same meaning as in the
Australian Border Force Act 2015.
Australian Border Force Commissioner has the same meaning as
in the Australian Border Force Act 2015.
Australian Border Force worker means the following persons:
(a) a person who is covered by paragraph (a) of the definition of
Immigration and Border Protection worker in
subsection 4(1) of the Australian Border Force Act 2015 and
who is in the Australian Border Force or whose services are
made available to the Australian Border Force;
(b) a person who is covered by paragraph (b), (c), (d), (e) or (f)
of that definition and whose services are made available to,
or who is performing services for, the Australian Border
Force.
Immigration and Border Protection Secretary means the
Secretary of the Department administered by the Minister
administering the Australian Border Force Act 2015.
2 After subsection 12C(2A)
Insert:
(2B) Without limiting the generality of subsection (1), the Australian
Border Force Commissioner may, by instrument in writing, declare
that specified provisions of this Act do not apply, or apply subject
to modifications set out in the declaration, in relation to an
Australian Border Force worker.
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(2C) The Australian Border Force Commissioner must consult the
Immigration and Border Protection Secretary and the
Director-General of Security before making an instrument under
subsection (2B).
3 Subsection 12C(3)
Omit “subsection (2) or (2A)”, substitute “subsection (2), (2A) or (2B)”.
4 At the end of section 12C
Add:
(6) In controlling the operations of the Australian Border Force and in
the exercise of the power under subsection (2B), the Australian
Border Force Commissioner must take into account the need to
promote the objects of this Act to the greatest extent consistent
with the maintenance of Australia’s national security.
5 After subsection 12D(2)
Insert:
(2A) Without limiting the generality of subsection (1), the Australian
Border Force Commissioner may, by instrument in writing, declare
that specified provisions of this Act do not apply, or apply subject
to such modifications as are set out in the declaration, in relation
to:
(a) a specified operation of the Australian Border Force; or
(b) a specified Australian Border Force worker; or
(c) Australian Border Force workers included in a specified class
of such workers.
(2B) The Australian Border Force Commissioner must consult the
Immigration and Border Protection Secretary and the Chief of the
Defence Force before making an instrument under subsection (2A).
6 Subsection 12D(3)
After “subsection (2)”, insert “or (2A)”.
7 At the end of section 12D
Add:
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(5) In the exercise of the power under subsection (2A), the Australian
Border Force Commissioner must take into account the need to
promote the objects of this Act to the greatest extent consistent
with the maintenance of Australia’s defence.
8 Paragraph 273B(1)(b)
After “section 12D(2)”, insert “or (2A)”.
9 Paragraph 273B(2)(a)
Omit “section 12C(2) or (2A)”, substitute “section 12C(2), (2A) or
(2B)”.
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Schedule 5—Amendments of Acts referring to the Customs
Air Services Act 1995
1 Subsection 3(1) (paragraph (b) of the definition of authority of the Commonwealth)
Repeal the paragraph.
A New Tax System (Wine Equalisation Tax) Act 1999
2 Section 7-20
Omit “the control of *Customs”, substitute “customs control under the
Customs Act 1901”.
3 Section 9-75
Omit “the control of *Customs”, substitute “customs control under the
Customs Act 1901”.
4 Section 33-1 (definition of Customs)
Repeal the definition.
Anti-Money Laundering and Counter-Terrorism Financing
Act 2006
5 Section 5 (paragraph (e) of the definition of designated agency)
Repeal the paragraph.
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6 Saving provision
Despite the amendment of the definition of designated agency in
section 5 of the Anti-Money Laundering and Counter-Terrorism
Financing Act 2006 made by this Schedule, section 127 of that Act, as
in force immediately before the commencement of this item, continues
to apply on and after that commencement in relation to a person who
was at any time before that commencement an official of a designated
agency that was Customs.
Australian Crime Commission Act 2002
7 Subsection 4(1)
Insert:
Immigration and Border Protection Department means the
Department administered by the Minister administering the
Australian Border Force Act 2015.
8 Subparagraph 7A(ca)(iii)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
Australian Nuclear Science and Technology Organisation
Act 1987
9 Subsection 3(1)
Insert:
Immigration and Border Protection Department means the
Department administered by the Minister administering Part XII of
the Customs Act 1901.
10 Subsection 3(1) (paragraph (c) of the definition of law enforcement agency)
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department; or
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Australian Postal Corporation Act 1989
11 Section 90E (paragraph (a) of the definition of compliance agency)
Repeal the paragraph, substitute:
(a) the Immigration and Border Protection Department;
12 Section 90E
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
13 Section 90E (definition of customs officer)
Omit “an Officer of Customs”, substitute “an officer of Customs”.
14 Section 90E
Insert:
Immigration and Border Protection Department means the
Department administered by the Minister administering Part XII of
the Customs Act 1901.
15 Subsections 90T(1), (2), (3), (4), (5) and (7)
Omit “Customs officer” (wherever occurring), substitute “customs
officer”.
16 Subsection 90T(8)
Omit “Customs must”, substitute “The Comptroller-General of Customs
must”.
17 Subsection 90T(8)
Omit “Customs officer”, substitute “customs officer”.
18 Subsections 90V(2) and (2A)
Omit “Customs officer” (wherever occurring), substitute “customs
officer”.
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19 Subsection 90V(2A)
Omit “opened by Customs”, substitute “opened by a customs officer”.
20 Paragraph 90ZC(2)(a)
Omit “Customs officer”, substitute “customs officer”.
21 Transitional provision
A record established by Customs before the commencement of this item
under subsection 90T(8) of the Australian Postal Corporation Act 1989
is taken on and after that commencement to be a record established by
the Comptroller-General of Customs.
Civil Aviation Act 1988
22 Section 3 (paragraph (b) of the definition of authority of the Commonwealth)
Repeal the paragraph.
23 Transitional provision
Subparagraph 32AO(1)(c)(ii) of the Civil Aviation Act 1988 applies on
and after the commencement of this item as if a reference to a
Commonwealth entity included a reference to Customs (within the
meaning of section 4AA of the Customs Administration Act 1985 as in
force immediately before the commencement of this item).
Commerce (Trade Descriptions) Act 1905
24 Section 3 (definition of Trade description)
Omit “a Customs entry”, substitute “an import entry”.
25 Subsection 6(1)
Omit “the Customs”, substitute “an officer”.
26 Transitional provisions
(1) For the purposes of the Commerce (Trade Descriptions) Act 1905, a
Customs entry relating to goods made before the commencement of this
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item is taken on and after that commencement to have been an import
entry relating to the goods.
(2) A notice given to the Customs before the commencement of this item as
mentioned in subsection 6(1) of the Commerce (Trade Descriptions)
Act 1905 is taken on and after that commencement to have been a notice
given to an officer.
Copyright Act 1968
27 Paragraph 135(7)(d)
Omit “the control of the Customs within the meaning of the Customs
Act 1901”, substitute “customs control under the Customs Act 1901”.
Crimes Act 1914
28 Subsection 3(1)
Insert:
officer of Customs has the meaning given by subsection 4(1) of the
Customs Act 1901.
29 Section 15GC (paragraph (c) of the definition of chief officer)
Omit “to Customs”, substitute “to the Immigration and Border
Protection Department”.
30 Section 15GC (paragraph (c) of the definition of law enforcement agency)
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department;
31 Section 15GC (note at the end of the definition of staff member)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
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32 Section 15GC (paragraph (c) of the definition of target agency)
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department.
33 Subsection 15GI(2) (note 2)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
34 Subparagraphs 15GK(1)(k)(iii) and (v)
Omit “Customs”, substitute “an officer of Customs”.
35 Subsection 15GQ(2) (note 2)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
36 Subsection 15GV(2) (note 2)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
37 Paragraph 15HG(5)(b)
Omit “to Customs”, substitute “to the Immigration and Border
Protection Department”.
38 Paragraph 15J(1)(b)
Omit “Customs”, substitute “an officer of Customs”.
39 Subparagraphs 15J(2)(c)(i) and (ii)
Omit “the control of Customs”, substitute “customs control under the
Customs Act 1901”.
40 Section 15JA
Omit “Australian Customs and Border Protection Service”, substitute
“Immigration and Border Protection Department”.
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41 Section 15JC (paragraph (d) of the definition of integrity testing agency)
Repeal the paragraph, substitute:
(d) the Immigration and Border Protection Department.
42 Section 15JC (paragraph (c) of the definition of target agency)
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department.
43 Subsection 15JD(2) (note 1)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
44 Subsection 15JE(1) (note 1)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
45 Subsection 15JS(5) (paragraph (c) of the definition of chief officer)
Omit “for Customs”, substitute “for the Immigration and Border
Protection Department”.
46 Section 15K (subparagraph (c)(ii) of the definition of chief officer)
Omit “to Customs”, substitute “to the Immigration and Border
Protection Department”.
47 Section 15K (paragraph (b) of the definition of law enforcement agency)
Repeal the paragraph, substitute:
(b) the Immigration and Border Protection Department;
48 Section 15K (paragraph (b) of the definition of law enforcement officer)
Omit “to Customs”, substitute “to the Immigration and Border
Protection Department”.
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49 Paragraph 15KB(4)(b)
Repeal the paragraph, substitute:
(b) in the case of the Immigration and Border Protection
Department—an APS employee who holds or performs the
duties of an Executive Level 1 position, or an equivalent or
higher position, in that Department; or
50 Subsection 15LH(3) (paragraph (b) of the definition of senior officer)
Repeal the paragraph, substitute:
(b) in relation to the Immigration and Border Protection
Department—any SES employee in that Department; and
51 Subsection 15M(1) (paragraph (b) of the definition of chief officer)
Omit “to Customs”, substitute “to the Immigration and Border
Protection Department”.
52 Subsection 15M(1) (paragraph (b) of the definition of law enforcement agency)
Repeal the paragraph, substitute:
(b) the Immigration and Border Protection Department;
53 Subsection 15MX(3) (paragraph (b) of the definition of senior officer)
Omit “to Customs”, substitute “to the Immigration and Border
Protection Department”.
54 Section 85ZL (paragraph (ba) of the definition of law enforcement agency)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
55 Transitional provisions
(1) An instrument in force immediately before the commencement of this
item under Part IAB or IABA of the Crimes Act 1914 in relation to a
person, being a staff member of Customs, continues in force on and
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after that commencement as if it were an instrument in force in relation
to the person, being a staff member of the Immigration and Border
Protection Department.
(2) An instrument in force immediately before the commencement of this
item under Part IAC of the Crimes Act 1914 in relation to a law
enforcement officer, being an officer of Customs, continues in force on
and after that commencement.
(3) An instrument in force immediately before the commencement of this
item under Part IACA of the Crimes Act 1914 in relation to an
operative, being an officer of Customs, continues in force on and after
that commencement.
(4) Paragraphs 15HK(2)(e), 15HL(2)(e) and 15LC(4)(d) of the Crimes Act
1914, as in force immediately before the commencement of this item,
continue to apply on and after that commencement in relation to a
disclosure before that commencement in connection with the
performance of functions or duties, or the exercise of powers, of
Customs.
(5) If a formal authority in force under section 15GI of the Crimes Act 1914
immediately before the commencement of this item identified the
details referred to in subparagraph 15GK(1)(k)(iii) or (v) of that Act in
relation to Customs, then on and after that commencement the authority
continues in force as if it identified the details referred to in that
subparagraph as amended by this Schedule.
(6) The amendments made by this Schedule do not affect the validity of a
statutory declaration from an operative given under section 15MF of the
Crimes Act 1914 before the commencement of this item.
Crimes (Currency) Act 1981
56 Subsection 29(3)
Omit “An Officer of Customs”, substitute “An officer of Customs”.
57 Subsection 29(8) (definition of Officer of Customs)
Repeal the definition.
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58 Subsection 29(8)
Insert:
officer of Customs has the same meaning as in the Customs Act
1901.
Criminal Code Act 1995
59 Section 146.1 of the Criminal Code (paragraph (e) of the definition of Commonwealth law enforcement officer)
Repeal the paragraph, substitute:
(e) a person who is an APS employee in the Department
administered by the Minister administering the Australian
Border Force Act 2015 and who is in the Australian Border
Force (within the meaning of that Act).
60 Saving provision
Part 7.8 of the Criminal Code, as in force immediately before the
commencement of this item, continues to apply on and after that
commencement in relation to a thing done in relation to a person
employed in Customs before that commencement.
Customs Depot Licensing Charges Act 1997
61 Section 3 (definition of electronic)
Repeal the definition.
62 Section 3 (definition of line of cargo)
Omit “an electronic or documentary cargo report”, substitute “a cargo
report”.
Environment Protection and Biodiversity Conservation Act
1999
63 Paragraph 303GW(3)(c)
Omit “the control of the Customs”, substitute “customs control under
the Customs Act 1901”.
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Evidence Act 1995
64 Part 1 of the Dictionary (subparagraph (b)(i) of the definition of Commonwealth document)
Omit “to Customs”, substitute “to the Department administered by the
Minister administering Part XII of the Customs Act 1901”.
65 Transitional provision
A report communicated to Customs before the commencement of this
item as mentioned in subparagraph (b)(i) of the definition of
Commonwealth document in Part 1 of the Dictionary in the Evidence
Act 1995 is taken on and after that commencement to have been a report
communicated to the Department administered by the Minister
administering Part XII of the Customs Act 1901.
Excise Act 1901
66 Subsection 24(2)
Omit “control of Customs”, substitute “customs control under the
Customs Act 1901”.
67 Paragraph 24(3)(b)
Omit “the control of Customs”, substitute “customs control under the
Customs Act 1901”.
68 Subsection 59AA(1)
Omit “clearance through Customs”, substitute “clearance under the
Customs Act 1901”.
69 Paragraph 61E(2)(b)
Omit “clearance through Customs”, substitute “clearance under the
Customs Act 1901”.
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Fisheries Management Act 1991
70 Subsection 84C(1)
Omit “a Customs vessel”, substitute “an Australian Border Force
vessel”.
71 Subsection 84C(5)
Insert:
Australian Border Force vessel means a Commonwealth ship
(within the meaning of the Customs Act 1901) that is under the
command of an officer of Customs (including an officer of
Customs exercising powers as an officer within the meaning of this
Act) and flying the flag mentioned in section 14 of the Customs Act
1901.
72 Subsection 84C(5) (definition of Customs vessel)
Repeal the definition.
73 Section 167B (heading)
Repeal the heading, substitute:
167B AFMA may give information about boats to officers of
Customs
74 Subsection 167B(2)
Omit “to Customs”, substitute “to an officer of Customs”.
75 Subsection 167B(2)
Omit “from Customs”, substitute “from an officer of Customs”.
76 Subsection 167B(2)
Omit “giving Customs”, substitute “giving an officer of Customs”.
77 Subsection 167B(2)
Omit “help Customs”, substitute “help an officer of Customs”.
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78 Subsection 167B(2)
Omit “of Customs”.
79 Subsection 167B(4)
Insert:
officer of Customs has the meaning given by subsection 4(1) of the
Customs Act 1901.
Hazardous Waste (Regulation of Exports and Imports) Act
1989
80 Subsection 42(3) (note)
Omit “of Customs and”.
Imported Food Control Act 1992
81 Subsection 3(1) (definition of Customs control)
Repeal the definition.
82 Subsection 3(1)
Insert:
customs control, in relation to food, means customs control under
the Customs Act.
Immigration and Border Protection Department means the
Department administered by the Minister administering Part XII of
the Customs Act.
83 Subsection 11(2)
After “section 71A”, insert “or 71DH”.
84 Subsections 11(2) and (3)
Omit “to Customs”, substitute “to the Immigration and Border
Protection Department”.
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85 Paragraphs 13(4)(b) and (c)
Omit “Customs control”, substitute “customs control”.
86 Subsection 13(5) (note)
Repeal the note.
87 Paragraph 14(1)(b)
Omit “Customs control”, substitute “customs control”.
88 Subsections 14(5) and (7)
Omit “Customs control”, substitute “customs control”.
Independent National Security Legislation Monitor Act 2010
89 Section 4 (paragraph (c) of the definition of head)
Repeal the paragraph.
90 Section 4
Insert:
Immigration and Border Protection Department means the
Department administered by the Minister administering the
Australian Border Force Act 2015.
91 Section 4 (paragraph (c) of the definition of law enforcement or security agency)
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department;
Industrial Chemicals (Notification and Assessment) Act 1989
92 Subparagraph 21(6)(b)(ii)
Omit “the control of Customs (within the meaning of the Customs Act
1901)”, substitute “customs control under the Customs Act 1901”.
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Major Sporting Events (Indicia and Images) Protection Act
2014
93 Section 4
Omit “Customs”, substitute “the Comptroller-General of Customs”.
94 Subsection 25(1)
Omit “the control of the Customs (within the meaning of the Customs
Act 1901)”, substitute “customs control under the Customs Act 1901”.
Maritime Transport and Offshore Facilities Security Act
2003
95 Paragraphs 9(2)(b) and (3)(b)
Repeal the paragraphs, substitute:
(b) the Immigration and Border Protection Department; or
96 Section 10 (definition of customs officer)
Omit “an Officer”, substitute “an officer of Customs”.
97 Section 10
Insert:
Immigration and Border Protection Department means the
Department administered by the Minister administering Part XII of
the Customs Act 1901.
98 Section 10 (note at the end of the definition of maritime industry participant)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
99 Section 10 (note at the end of the definition of offshore industry participant)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
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Migration Act 1958
100 Subsection 260(3)
Omit “the law relating to the Customs”, substitute “a law of the
Commonwealth”.
101 Subsection 260(5)
Omit “the law relating to the Customs”, substitute “the Customs Act
1901”.
National Health Act 1953
102 Subsection 99ZH(1) (definition of Customs documentation purposes)
Omit “enabling Customs”, substitute “enabling the Immigration and
Border Protection Department”.
103 Subsection 99ZH(1)
Insert:
Immigration and Border Protection Department means the
Department administered by the Minister administering Part XII of
the Customs Act 1901.
104 Section 99ZM (heading)
Repeal the heading, substitute:
99ZM Detention of some drug like substances and not others
105 Section 99ZN (heading)
Repeal the heading, substitute:
99ZN Treatment of detained substances and retained documents
106 Subsection 99ZN(6)
Omit “Customs must”, substitute “the Comptroller-General of Customs
must”.
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Navigation Act 2012
107 Section 11 (heading)
Repeal the heading, substitute:
11 Application of Act to certain Australian Border Force vessels
108 Section 11
Omit “A customs vessel”, substitute “An Australian Border Force
vessel”.
109 Section 11
Omit “a customs vessel”, substitute “an Australian Border Force
vessel”.
110 Paragraph 11(a)
Omit “customs vessel management plan”, substitute “Australian
Border Force vessel management plan”.
111 Subparagraphs 11(a)(ii) and (iii)
Omit “customs vessel”, substitute “Australian Border Force vessel”.
112 Paragraph 11(b)
Omit “the customs vessel or the person complies with the requirements
of the customs vessel management plan”, substitute “the Australian
Border Force vessel or the person complies with the requirements of the
Australian Border Force vessel management plan”.
113 Subsection 14(1)
Insert:
Australian Border Force vessel: see section 17.
114 Subsection 14(1) (definition of customs vessel)
Repeal the definition.
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115 Subsection 14(1) (definition of officer of Customs)
Omit “an Officer of Customs”, substitute “an officer of Customs”.
116 Subsection 15(2)
Omit “a customs vessel”, substitute “an Australian Border Force
vessel”.
117 Section 17 (heading)
Repeal the heading, substitute:
17 Definition of Australian Border Force vessel
118 Subsection 17(1)
Omit “is a customs vessel”, substitute “is an Australian Border Force
vessel”.
119 Paragraph 17(1)(a)
Omit “Customs”, substitute “the Australian Border Force (within the
meaning of the Australian Border Force Act 2015)”.
120 Paragraph 17(1)(b)
Omit “a customs vessel”, substitute “an Australian Border Force
vessel”.
121 Subsection 17(1) (note)
Repeal the note.
122 Subsection 17(2)
Omit “a customs vessel”, substitute “an Australian Border Force
vessel”.
123 Section 237 (heading)
Repeal the heading, substitute:
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237 Powers of officers of Customs
124 Section 237
Omit “powers of Customs, the CEO of Customs or an officer of
Customs”, substitute “powers of an officer of Customs”.
125 Subsection 240(4)
Omit “powers of Customs, the CEO of Customs or an officer of
Customs”, substitute “powers of an officer of Customs”.
126 Subsection 244(3)
Omit “Customs”, substitute “an officer of Customs”.
127 Paragraph 249(1)(a)
Omit “Customs”, substitute “an officer of Customs”.
128 Section 252 (heading)
Repeal the heading, substitute:
252 Power for officer of Customs to detain or refuse clearance
129 Subsection 252(3) (heading)
Repeal the heading, substitute:
Officer of Customs may detain if certificates not produced
130 Subsection 252(3)
Omit “detained by Customs”, substitute “detained by an officer of
Customs”.
131 Subsection 252(4)
Omit “If Customs”, substitute “If an officer of Customs”.
132 Subsection 252(6)
Omit “Customs”, substitute “An officer of Customs”.
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133 Paragraph 253(a)
Omit “section 247”, substitute “section 248”.
134 Paragraph 313(2)(a)
Omit “section 249 to released”, substitute “section 250 to release”.
135 Paragraph 313(2)(b)
Omit “section 251”, substitute “subsection 252(3)”.
136 Transitional provisions
(1) A customs vessel management plan in effect under section 11 of the
Navigation Act 2012 immediately before the commencement of this
item that relates to a vessel or person continues in effect under that
section on and after that commencement as if it were an Australian
Border Force vessel management plan that relates to the vessel or
person.
(2) A declaration in force under subsection 17(2) of the Navigation Act
2012 immediately before the commencement of this item that a vessel,
or a vessel included in a class of vessels, is a customs vessel continues
in force on and after that commencement as if it were a declaration that
the vessel, or a vessel included in the class of vessels, is an Australian
Border Force vessel.
(3) If, immediately before the commencement of this item, Customs was
detaining a vessel under subsection 252(3) of the Navigation Act 2012,
then on and after that commencement an officer of Customs may
continue to detain the vessel under that subsection as amended by this
Schedule.
Offshore Petroleum and Greenhouse Gas Storage Act 2006
137 Paragraph 615(1)(d)
Omit “officer of customs”, substitute “officer of Customs”.
138 Paragraph 695X(2)(e)
Repeal the paragraph, substitute:
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(e) the Department administered by the Minister administering
Part XII of the Customs Act 1901;
139 Transitional provision
Offshore information or a thing made available to Customs before the
commencement of this item under subsection 695X(1) of the Offshore
Petroleum and Greenhouse Gas Storage Act 2006 is taken on and after
that commencement to have been made available to the Department
administered by the Minister administering Part XII of the Customs Act
1901.
Olympic Insignia Protection Act 1987
140 Paragraph 54(1)(b)
Omit “the control of the Customs within the meaning of the Customs
Act 1901”, substitute “customs control under the Customs Act 1901”.
Privacy Act 1988
141 Subsection 6(1) (paragraph (c) of the definition of enforcement body)
Repeal the paragraph.
142 Transitional provision
A disclosure of information to Customs before the commencement of
this item as mentioned in paragraph 20E(3)(d) or 21G(3)(d) of the
Privacy Act 1988 is taken on and after that commencement to have been
a disclosure to the Immigration Department.
Proceeds of Crime Act 2002
143 Subsection 15B(1) (note 1)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
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144 Section 15C (note)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
145 Subsection 15D(1) (note)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
146 Subsection 15P(1) (note)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
Protection of Movable Cultural Heritage Act 1986
147 Subsection 3(1)
Insert:
officer of Customs has the meaning given by subsection 4(1) of the
Customs Act 1901.
148 Subsection 27(2)
Omit “a Customs officer”, substitute “an officer of Customs”.
Surveillance Devices Act 2004
149 Subsection 6(1)
Insert:
Immigration and Border Protection Department means the
Department administered by the Minister administering the
Australian Border Force Act 2015.
150 Subsection 6(1) (paragraph (c) of the definition of target agency)
Repeal the paragraph, substitute:
(c) the Immigration and Border Protection Department.
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151 Transitional provisions
(1) The Surveillance Devices Act 2004, as in force immediately before the
commencement of this item, continues to apply on and after that
commencement in relation to:
(a) a surveillance device warrant in force under that Act
immediately before that commencement, being a warrant
issued as a result of an application under subsection 14(3B)
of that Act in relation to a staff member of Customs; or
(b) an application for a warrant under subsection 14(3B) of that
Act in relation to a staff member of Customs that was
pending immediately before that commencement.
(2) Section 45A of the Surveillance Devices Act 2004, as in force
immediately before the commencement of this item, continues to apply
on and after that commencement in relation to a person who was a staff
member of Customs at any time before that commencement.
(3) The amendments of the Surveillance Devices Act 2004 made by this
Schedule do not affect the validity of a retrieval warrant in force under
that Act immediately before the commencement of this item.
Taxation Administration Act 1953
152 Subsection 155-15(1) in Schedule 1 (cell at table item 3, column 2)
Repeal the cell, substitute:
the Collector (within the
meaning of the Customs
Act 1901) or the
Department administered
by the Minister
administering Part XII of
that Act
153 Paragraph 155-20(1)(a) in Schedule 1
Omit “Customs”, substitute “the Department administered by the
Minister administering Part XII of the Customs Act 1901,”.
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154 Paragraph 155-20(1)(b) in Schedule 1
Omit “Customs”, substitute “a Collector (within the meaning of the
Customs Act 1901)”.
155 Subsection 155-20(1) in Schedule 1 (table, heading to column 1)
Repeal the heading, substitute:
Column 1
Document communicated
156 Subsection 155-20(2) in Schedule 1
Omit “Customs”, substitute “a Collector (within the meaning of the
Customs Act 1901)”.
157 Paragraph 155-20(4)(b) in Schedule 1
Omit “Customs”, substitute “a Collector (within the meaning of the
Customs Act 1901)”.
158 Paragraph 155-40(2)(b) in Schedule 1
Omit “Customs”, substitute “a Collector (within the meaning of the
Customs Act 1901)”.
159 Saving and transitional provisions
(1) Section 155-15 in Schedule 1 to the Taxation Administration Act 1953,
as in force immediately before the commencement of this item,
continues to apply on and after that commencement in relation to a
document mentioned in column 3 of item 3 of the table in
subsection 155-15(1) in that Schedule that was given to Customs before
that commencement.
(2) Section 155-20 in Schedule 1 to the Taxation Administration Act 1953,
as in force immediately before the commencement of this item,
continues to apply on and after that commencement in relation to the
following documents given before that commencement:
(a) a document mentioned in column 1 of item 1 or 2 of the table
in subsection 155-20(1) in that Schedule communicated to
Customs in respect of an importation or dealing;
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(b) a document mentioned in column 2 of that table item given
by Customs to an entity in respect of that importation or
dealing.
(3) If:
(a) before the commencement of this item, a document
mentioned in column 1 of item 1 or 2 of the table in
subsection 155-20(1) in Schedule 1 to the Taxation
Administration Act 1953 was communicated to Customs in
respect of an importation or dealing; but
(b) before that commencement, Customs had not given the
document mentioned in column 2 of that table item to an
entity in respect of that importation or dealing;
then section 155-20 in that Schedule applies on and after that
commencement as if the document mentioned in column 1 of that table
item had been communicated to the Department administered by the
Minister administering Part XII of the Customs Act 1901.
(4) Section 155-40 in Schedule 1 to the Taxation Administration Act 1953,
as in force immediately before the commencement of this item,
continues to apply on and after that commencement in relation to an
advice mentioned in paragraph 155-40(2)(b) in that Schedule that was
given by Customs to an entity before that commencement.
Telecommunications Act 1997
160 Paragraph 47(2)(aa) of Schedule 3A
Repeal the paragraph, substitute:
(aa) the Department administered by the Minister administering
Part XII of the Customs Act 1901;
161 Transitional provision
A notification given under subclause 47(1) of Schedule 3A to the
Telecommunications Act 1997 before the commencement of this item to
the Australian Customs and Border Protection Service is taken on and
after that commencement to have been a notification given to the
Department administered by the Minister administering Part XII of the
Customs Act 1901.
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Telecommunications (Interception and Access) Act 1979
162 Subsection 5(1) (after paragraph (d) of the definition of enforcement agency)
Insert:
(da) the Immigration and Border Protection Department; or
163 Subsection 5(1)
Insert:
Immigration and Border Protection Department means the
Department administered by the Minister administering Part XII of
the Customs Act 1901.
164 Subsection 5(1) (definition of permitted purpose)
Omit “Customs” (first occurring), substitute “the Immigration and
Border Protection Department”.
165 Subsection 5(1) (paragraphs (a) and (aaa) of the definition of permitted purpose)
Omit “Customs” (wherever occurring), substitute “the Immigration and
Border Protection Department”.
166 Subsection 6S(1)
Omit “Customs” (first occurring), substitute “the Immigration and
Border Protection Department”.
167 Subsection 6S(1) (table, heading to column 1)
Repeal the heading, substitute:
Column 1—Commonwealth
agency or Immigration and
Border Protection Department
168 Subsection 6S(1) (table item 1, column 1, paragraph (d))
Repeal the paragraph, substitute:
(d) Immigration and Border Protection Department.
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169 Subparagraph 68(n)(i)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
170 Subparagraphs 68(o)(i) and (ii)
Omit “Customs”, substitute “the Immigration and Border Protection
Department”.
Torres Strait Fisheries Act 1984
171 Paragraph 50(2)(b)
Omit “the control of the Customs”, substitute “customs control”.
Trade Marks Act 1995
172 Paragraph 133(1)(b)
Omit “the control of the Customs within the meaning of the Customs
Act 1901”, substitute “customs control under the Customs Act 1901”.
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Schedule 6—Amendments of Acts referring to the CEO of Customs
A New Tax System (Goods and Services Tax) Act 1999
1 Paragraph 117-5(1)(a)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs (within the meaning of the Customs
Act 1901)”.
2 Transitional provision
A determination made by the Chief Executive Officer of Customs,
before the commencement of this item, as mentioned in
paragraph 117-5(1)(a) of the A New Tax System (Goods and Services
Tax) Act 1999, has effect on and after that commencement as if it had
been made by the Comptroller-General of Customs.
Anti-Money Laundering and Counter-Terrorism Financing
Act 2006
3 Section 5
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
4 Section 5 (definition of customs officer)
Repeal the definition, substitute:
customs officer means an officer of Customs within the meaning
of the Customs Act 1901.
5 Section 5 (paragraph (c) of the definition of investigating officer)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
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6 Paragraph 49(1)(e)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
7 Subsection 61(4)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
8 Paragraphs 122(1)(h) and (3)(h)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
9 Subparagraph 212(2)(a)(v)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
10 Saving and transitional provisions
(1) A thing done by, or in relation to, a customs officer, being the Chief
Executive Officer of Customs, under the Anti-Money Laundering and
Counter-Terrorism Financing Act 2006 before the commencement of
this item has effect on and after that commencement as if it had been
done by, or in relation to, a customs officer, being the
Comptroller-General of Customs.
(2) A notice given by the Chief Executive Officer of Customs before the
commencement of this item under subsection 49(1) of the Anti-Money
Laundering and Counter-Terrorism Financing Act 2006 has effect on
and after that commencement as if it had been given under that
subsection by the Comptroller-General of Customs.
(3) An authorisation given by the Chief Executive Officer of Customs
before the commencement of this item under subsection 61(4) of the
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
has effect on and after that commencement as if it had been given under
that subsection by the Comptroller-General of Customs.
(4) Despite the amendments of section 122 of the Anti-Money Laundering
and Counter-Terrorism Financing Act 2006 made by this Schedule, that
section, as in force immediately before the commencement of this item,
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continues to apply on and after that commencement in relation to a
person who was at any time before that commencement the Chief
Executive Officer of Customs.
Australian Crime Commission Act 2002
11 Subsection 4(1)
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
12 Subsection 4(1) (paragraph (c) of the definition of eligible Commonwealth Board member)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
13 Paragraph 7B(2)(c)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
Australian Jobs Act 2013
14 Paragraph 107(1)(n)
Repeal the paragraph, substitute:
(n) the Comptroller-General of Customs (within the meaning of
the Customs Act 1901);
15 Saving provision
Despite the amendment of section 107 of the Australian Jobs Act 2013
made by this Schedule, subsection 107(4) of that Act, as in force
immediately before the commencement of this item, continues to apply
on and after that commencement in relation to a person who was at any
time before that commencement the Chief Executive Officer of
Customs.
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Clean Energy Regulator Act 2011
16 Paragraph 49(1)(u)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs (within the meaning of the Customs
Act 1901)”.
17 Saving provision
Despite the amendment of section 49 of the Clean Energy Regulator
Act 2011 made by this Schedule, subsection 49(4) of that Act, as in
force immediately before the commencement of this item, continues to
apply on and after that commencement in relation to a person who was
at any time before that commencement the Chief Executive Officer of
Customs.
Commerce (Trade Descriptions) Act 1905
18 Section 1A
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
19 Section 3 (definition of CEO)
Repeal the definition.
20 Section 3
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
21 Subsections 7(3), 10(3), 11(3), 13(3) and 15(1)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
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22 Transitional provisions
(1) A notice given by the Chief Executive Officer of Customs before the
commencement of this item under paragraph 7(3)(a), 10(3)(a), 11(3)(a)
or 13(3)(a) of the Commerce (Trade Descriptions) Act 1905 has effect
on and after that commencement as if it had been given under that
paragraph by the Comptroller-General of Customs.
(2) If an application made under subsection 15(1) of the Commerce (Trade
Descriptions) Act 1905 before the commencement of this item for
review of a decision of the Chief Executive Officer of Customs had not
been decided by the Administrative Appeals Tribunal before that
commencement, then the application has effect on and after that
commencement as if it had been made under that subsection for review
of a decision of the Comptroller-General of Customs.
Copyright Act 1968
23 Section 134B (definition of CEO)
Repeal the definition.
24 Section 134B
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
25 Subsections 135(2), (6) and (6A)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
26 Subsection 135(6A) (note)
Omit “CEO”, substitute “Comptroller-General of Customs”.
27 Subsection 135(7)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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28 Paragraph 135(8)(c)
Omit “CEO”, substitute “Comptroller-General of Customs”.
29 Subsections 135AA(1), (2) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
30 Section 135AB
Omit “CEO”, substitute “Comptroller-General of Customs”.
31 Subsections 135AC(1), (2) and (8)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
32 Subsections 135AD(1), (2), (3), (4) and (5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
33 Subsection 135AE(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
34 Subsection 135AEA(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
35 Subsection 135AEB(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
36 Subsections 135AEC(1) and (2)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
37 Subsection 135AED(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
38 Paragraph 135AED(2)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
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39 Subsections 135AF(1), (2), (3) and (4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
40 Paragraph 135AFA(a)
Omit “CEO”, substitute “Comptroller-General of Customs”.
41 Subsections 135AG(3), (5) and (6)
Omit “CEO”, substitute “Comptroller-General of Customs”.
42 Section 135AH
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
43 Paragraph 135AI(1)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
44 Subsections 135AJ(1), (3) and (4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
45 Paragraph 135AK(a)
Omit “CEO”, substitute “Comptroller-General of Customs”.
46 Paragraphs 195B(1)(ba), (c), (ca), (cb) and (d)
Omit “CEO”, substitute “Comptroller-General of Customs”.
47 Subsection 195B(3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
48 Subsection 195B(8) (definition of CEO)
Repeal the definition.
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49 Transitional provision
A thing done by, or in relation to, the Chief Executive Officer of
Customs under Division 7 of Part V, or under subsection 195B(3), of
the Copyright Act 1968 before the commencement of this item has
effect on and after that commencement as if it had been done by, or in
relation to, the Comptroller-General of Customs.
Crimes Act 1914
50 Subsection 3(1)
Insert:
Immigration and Border Protection Department means the
Department administered by the Minister administering the
Australian Border Force Act 2015.
51 Section 15GC (paragraph (c) of the definition of chief officer)
Omit “Chief Executive Officer of Customs”, substitute “Secretary of
that Department”.
52 Paragraph 15HG(5)(b)
Omit “a Deputy Chief Executive Officer of Customs or a person
occupying an equivalent or higher position”, substitute “a person who
holds or performs the duties of an SES Band 3 position, or an equivalent
or higher position, in that Department”.
53 Section 15J (heading)
Repeal the heading, substitute:
15J Secretary of Immigration and Border Protection Department to
be notified of certain authorities
54 Subsection 15J(2)
Omit “Chief Executive Officer of Customs”, substitute “Secretary of the
Immigration and Border Protection Department”.
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55 Subsection 15JE(1) (table item 3)
Repeal the item, substitute:
3 the integrity of a staff the Immigration and (a) the Secretary of
member of the Border Protection the Immigration
Immigration and Department and Border
Border Protection Protection
Department Department; or
(b) an SES employee
in the
Immigration and
Border Protection
Department.
56 Subsection 15JS(5) (paragraph (c) of the definition of chief officer)
Omit “Chief Executive Officer of Customs”, substitute “Secretary of
that Department”.
57 Section 15K (subparagraph (c)(ii) of the definition of chief officer)
Omit “Chief Executive Officer of Customs”, substitute “Secretary of
that Department”.
58 Subsection 15M(1) (paragraph (b) of the definition of chief officer)
Omit “Chief Executive Officer of Customs”, substitute “Secretary of
that Department”.
59 Subsection 15MX(3) (paragraph (b) of the definition of senior officer)
Omit “a Deputy Chief Executive Officer of Customs, or a person
occupying an equivalent or higher position in Customs”, substitute “a
person who holds or performs the duties of an SES Band 3 position, or
an equivalent or higher position, in that Department”.
60 Saving and transitional provisions
(1) A thing done by, or in relation to, the Chief Executive Officer of
Customs under Part IAB, IABA, IAC or IACA of the Crimes Act 1914
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before the commencement of this item has effect on and after that
commencement as if it had been done by, or in relation to, the Secretary
of the Immigration and Border Protection Department.
(2) An application made by the Chief Executive Officer of Customs as
mentioned in section 15KG of the Crimes Act 1914 before the
commencement of this item has effect on and after that commencement
as if it had been made by the Secretary of the Immigration and Border
Protection Department.
(3) Sections 15KN, 15KO, 15KQ, 15KR and 15KS of the Crimes Act 1914,
as in force immediately before the commencement of this item,
continue to apply on and after that commencement in relation to a
person who was the Chief Executive Officer of Customs, or an officer
of Customs, at any time before that commencement.
(4) A request made by the Chief Executive Officer of Customs under
subsection 15KX(2) of the Crimes Act 1914 before the commencement
of this item and that had not been complied with before that
commencement has effect on and after that commencement as if it had
been made under that subsection by the Secretary of the Immigration
and Border Protection Department.
Criminal Code Act 1995
61 Section 146.1 of the Criminal Code (paragraph (d) of the definition of Commonwealth law enforcement officer)
Omit “Chief Executive Officer of Customs”, substitute “Australian
Border Force Commissioner (within the meaning of the Australian
Border Force Act 2015)”.
62 Saving provision
Part 7.8 of the Criminal Code, as in force immediately before the
commencement of this item, continues to apply on and after that
commencement in relation to a thing done in relation to the Chief
Executive Officer of Customs before that commencement.
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Customs Securities (Penalties) Act 1981
63 Section 2A
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs (within the meaning of the Customs
Act 1901)”.
Customs Tariff Act 1995
64 Subsection 3(1)
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
65 Subsection 9(2)
Omit “Chief Executive Officer”, substitute “Comptroller-General of
Customs”.
66 Subsection 19(9)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
67 Subsection 19AB(11)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
68 Schedule 4 (table item 20, column headed “Rate of duty”)
Omit “Chief Executive Officer of Customs” (wherever occurring),
substitute “Comptroller-General of Customs”.
69 Transitional provision
A determination made before the commencement of this item by the
Chief Executive Officer of Customs as mentioned in item 20 of
Schedule 4 to the Customs Tariff Act 1995 has effect on and after that
commencement as if it had been made by the Comptroller-General of
Customs.
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Customs Undertakings (Penalties) Act 1981
70 Section 2A
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs (within the meaning of the Customs
Act 1901)”.
Excise Act 1901
71 Subsection 61E(1) (definition of officer of Customs)
Repeal the definition, substitute:
officer of Customs has the same meaning as in the Customs Act
1901.
Financial Transaction Reports Act 1988
72 Subsection 3(1)
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
73 Subsection 3(1) (definition of customs officer)
Repeal the definition, substitute:
customs officer means an officer of Customs within the meaning
of the Customs Act 1901.
74 Subsection 16(6) (paragraph (c) of the definition of investigating officer)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
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75 Subsection 16(6) (paragraph (d) of the definition of relevant authority)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
76 Transitional provisions
(1) A thing done by, or in relation to, a customs officer, being the Chief
Executive Officer of Customs, under the Financial Transaction Reports
Act 1988 before the commencement of this item has effect on and after
that commencement as if it had been done by, or in relation to, a
customs officer, being the Comptroller-General of Customs.
(2) A request made before the commencement of this item by the Chief
Executive Officer of Customs under subsection 16(4) of the Financial
Transaction Reports Act 1988 that had not been complied with before
that commencement has effect on and after that commencement as if it
had been made under that subsection by the Comptroller-General of
Customs.
Fisheries Management Act 1991
77 Subsection 84C(1)
Omit “Chief Executive Officer of Customs (CEO)”, substitute
“Comptroller-General of Customs”.
78 Subsection 84C(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
79 Paragraph 84C(3)(d)
Omit “CEO”, substitute “Comptroller-General of Customs”.
80 Subsection 84C(5)
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
Customs and Other Legislation Amendment (Australian Border Force) Act 2015 191
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81 Transitional provision
A direction of the Chief Executive Officer of Customs as mentioned in
subsection 84C(1) or paragraph 84C(3)(d) of the Fisheries Management
Act 1991 that was in force immediately before the commencement of
this item continues in force on and after that commencement as if it had
been given by the Comptroller-General of Customs.
Illegal Logging Prohibition Act 2012
82 Paragraph 11(b)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs (within the meaning of the Customs
Act 1901)”.
83 Transitional provision
A notification given to the Chief Executive Officer of Customs before
the commencement of this item as mentioned in paragraph 11(b) of the
Illegal Logging Prohibition Act 2012 has effect on and after that
commencement as if it had been given to the Comptroller-General of
Customs.
Law Enforcement Integrity Commissioner Act 2006
84 Subsection 5(1)
Insert:
Australian Border Force Commissioner has the same meaning as
in the Australian Border Force Act 2015.
85 Subsection 5(1) (paragraph (ba) of the definition of head)
Repeal the paragraph, substitute:
(ba) if the agency is the Immigration and Border Protection
Department—the Secretary of that Department; or
86 Subsection 5(1)
Insert:
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Immigration and Border Protection Department means the
Department administered by the Minister administering the
Australian Border Force Act 2015.
87 Subsection 5(1) (paragraph (ba) of the definition of law enforcement agency)
Repeal the paragraph, substitute:
(ba) the Immigration and Border Protection Department; or
88 Subsection 10(2A)
Repeal the subsection, substitute:
Immigration and Border Protection Department staff members
(2A) The following are staff members of the Immigration and Border
Protection Department for the purposes of this Act:
(a) the Secretary of the Immigration and Border Protection
Department;
(b) the Australian Border Force Commissioner (including in his
or her capacity as the Comptroller-General of Customs);
(c) an APS employee in the Immigration and Border Protection
Department;
(d) a person covered by paragraph (d), (e) or (f) of the definition
of officer of Customs in subsection 4(1) of the Customs Act
1901;
(e) a person covered by paragraph (f) or (g) of the definition of
officer in subsection 5(1) of the Migration Act 1958.
89 Paragraph 10(5)(ba)
Repeal the paragraph, substitute:
(ba) a person referred to in paragraph (2A)(d) or (e) is a secondee
to the Immigration and Border Protection Department; and
90 Saving provisions
(1) The Law Enforcement Integrity Commissioner Act 2006, as in force
immediately before the commencement of this item, continues to apply
on and after that commencement in relation to conduct engaged in
before that commencement by a staff member of Customs.
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(2) Without limiting subitem (1), if any process had begun, but had not
concluded, under that Act before that commencement in relation to such
conduct, then the process may be completed under that Act on and after
that commencement.
(3) For the purposes of the continued application of the Law Enforcement
Integrity Commissioner Act 2006 in relation to such conduct:
(a) the law enforcement agency concerned is taken, on and after
that commencement, to be the Immigration and Border
Protection Department; and
(b) the head of that law enforcement agency is taken, on and
after that commencement, to be the Secretary of that
Department.
Major Sporting Events (Indicia and Images) Protection Act
2014
91 Section 9
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
92 Section 9 (definition of Customs CEO)
Repeal the definition.
93 Subsection 12(3)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
94 Section 15
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
95 Section 21 (heading)
Repeal the heading, substitute:
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21 Notifying Secretary and Comptroller-General of Customs of
changes to registers
96 Section 21
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
97 Section 22
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
98 Subsections 23(1) and (4)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
99 Section 25 (heading)
Repeal the heading, substitute:
25 Seizure of goods by Comptroller-General of Customs
100 Subsection 25(1) (heading)
Repeal the heading, substitute:
Comptroller-General of Customs must seize goods
101 Subsection 25(1)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
102 Subsection 25(2) (heading)
Repeal the heading, substitute:
When Comptroller-General of Customs is not required to seize
goods
103 Subsections 25(2), (3), (4), (5) and (6)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
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104 Subsections 26(1), (2) and (4)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
105 Subsections 27(1), (2), (3), (4) and (5)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
106 Paragraph 28(a)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
107 Subsection 29(1)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
108 Subsection 30(2)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
109 Subsections 31(1), (2) and (3)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
110 Subsection 32(1)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
111 Paragraph 32(2)(b)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
112 Subsections 33(1), (2), (3) and (4)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
113 Subsection 33(4) (note)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
114 Subsection 34(4)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
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115 Subsection 34(4) (note)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
116 Paragraph 34(5)(b)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
117 Paragraph 35(a)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
118 Paragraph 36(1)(b)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
119 Subsections 36(1) and (2) (notes)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
120 Section 37 (heading)
Repeal the heading, substitute:
37 Power of Comptroller-General of Customs to retain control of
goods
121 Section 37
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
122 Subsections 38(1) and (3)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
123 Subsection 39(1)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
124 Paragraph 40(a)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
125 Section 41
Omit “The Customs CEO or an officer of Customs”, substitute “An
officer of Customs”.
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126 Section 42 (heading)
Repeal the heading, substitute:
42 Notice to Comptroller-General of Customs of imports by official
users
127 Subsections 42(1) and (2)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
128 Transitional provisions
(1) A thing done by, or in relation to, the Chief Executive Officer of
Customs under the Major Sporting Events (Indicia and Images)
Protection Act 2014 before the commencement of this item has effect
on and after that commencement as if it had been done by, or in relation
to, the Comptroller-General of Customs.
(2) A determination under section 41 of the Major Sporting Events (Indicia
and Images) Protection Act 2014 that was in force immediately before
the commencement of this item continues in force on and after that
commencement as if it were a determination made under that section as
amended by this Schedule.
Maritime Powers Act 2013
129 Paragraph 114(3)(a)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs (within the meaning of the Customs
Act 1901)”.
130 Transitional provision
A waiver made by the Chief Executive Officer of Customs before the
commencement of this item as mentioned in paragraph 114(3)(a) of the
Maritime Powers Act 2013 has effect on and after that commencement
as if it had been made by the Comptroller-General of Customs.
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Narcotic Drugs Act 1967
131 Section 3
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
132 Subsection 4(1) (definition of CEO)
Repeal the definition.
133 Subsection 4(1)
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
134 Section 6
Omit “CEO”, substitute “Comptroller-General of Customs”.
135 Subsection 12(1)
Omit “CEO”, substitute “Comptroller-General of Customs”.
136 Subsection 14A(1)
Omit “(1)”.
137 Paragraph 14A(1)(d)
Omit “CEO”, substitute “Comptroller-General of Customs”.
138 Subsection 22(3)
Omit “CEO”, substitute “Comptroller-General of Customs”.
139 Subsection 24(2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
140 Transitional provisions
(1) A direction given by the Chief Executive Officer of Customs before the
commencement of this item under section 12 of the Narcotic Drugs Act
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1967 has effect on and after that commencement as if it had been given
under that section by the Comptroller-General of Customs.
(2) Directions given by the Chief Executive Officer of Customs before the
commencement of this item under subsection 22(3) of the Narcotic
Drugs Act 1967 have effect on and after that commencement as if they
had been given under that subsection by the Comptroller-General of
Customs.
(3) An appointment made by the Chief Executive Officer of Customs
before the commencement of this item as mentioned in subsection 24(2)
of the Narcotic Drugs Act 1967 has effect on and after that
commencement as if it had been made by the Comptroller-General of
Customs.
National Health Act 1953
141 Subsection 99ZH(1) (definition of CEO of Customs)
Repeal the definition.
142 Subsection 99ZH(1)
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
143 Subsection 99ZN(1)
Omit “CEO of Customs”, substitute “Comptroller-General of Customs”.
144 Paragraph 99ZN(2)(d)
Omit “CEO of Customs”, substitute “Comptroller-General of Customs”.
145 Paragraph 99ZN(3)(b)
Omit “CEO of Customs”, substitute “Comptroller-General of Customs”.
146 Subsections 99ZS(1) and (3)
Omit “CEO of Customs”, substitute “Comptroller-General of Customs”.
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147 Transitional provisions
(1) A place specified by the Chief Executive Officer of Customs before the
commencement of this item as mentioned in subsection 99ZN(1) or
paragraph 99ZN(2)(d) or (3)(b) of the National Health Act 1953 has
effect on and after that commencement as if it had been specified by the
Comptroller-General of Customs.
(2) Guidelines issued by the Chief Executive Officer of Customs before the
commencement of this item under section 99ZS of the National Health
Act 1953 and that were in force immediately before that commencement
continue in force on and after that commencement as if they had been
issued under that section by the Comptroller-General of Customs.
Olympic Insignia Protection Act 1987
148 Section 49 (definition of CEO)
Repeal the definition.
149 Section 49
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
150 Section 50
Omit “The CEO or an officer of Customs”, substitute “An officer of
Customs”.
151 Subsections 52(1) and (4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
152 Section 54 (heading)
Repeal the heading, substitute:
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54 Comptroller-General of Customs may seize goods
153 Subsections 54(2), (3) and (4)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
154 Subsections 55(1), (2), (4) and (5)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
155 Subsections 56(1) and (2)
Omit “CEO”, substitute “Comptroller-General of Customs”.
156 Subsections 57(1), (2) and (3)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
157 Subsection 57(3) (note)
Omit “CEO”, substitute “Comptroller-General of Customs”.
158 Paragraph 58(2)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
159 Subsections 58(5) and (6)
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
160 Section 59
Omit “CEO”, substitute “Comptroller-General of Customs”.
161 Section 60 (heading)
Repeal the heading, substitute:
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60 Power of Comptroller-General of Customs to retain control of
goods
162 Section 60
Omit “CEO” (wherever occurring), substitute “Comptroller-General of
Customs”.
163 Section 61
Omit “CEO”, substitute “Comptroller-General of Customs”.
164 Paragraph 62(a)
Omit “CEO”, substitute “Comptroller-General of Customs”.
165 Transitional provisions
(1) A thing done by, or in relation to, the Chief Executive Officer of
Customs under Division 2 of Part 3.4 of the Olympic Insignia
Protection Act 1987 before the commencement of this item has effect
on and after that commencement as if it had been done by, or in relation
to, the Comptroller-General of Customs.
(2) A determination under section 50 of the Olympic Insignia Protection
Act 1987 that was in force immediately before the commencement of
this item continues in force on and after that commencement as if it
were a determination made under that section as amended by this
Schedule.
Passenger Movement Charge Collection Act 1978
166 Section 3 (paragraph (b) of the definition of authorised officer)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
167 Section 3
Insert:
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Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
168 Subsection 7(2)
Omit “(2)”.
169 Subsection 7(2)
Omit “authorized officer” (wherever occurring), substitute “authorised
officer”.
170 Subsection 8(1)
Omit “subsection 7(2)”, substitute “section 7”.
171 Subsections 8(3) and (4)
Omit “authorized officer”, substitute “authorised officer”.
172 Subsection 9(2)
Omit “authorized officer”, substitute “authorised officer”.
173 Subsections 11(1) and (2)
Omit “authorized officers”, substitute “authorised officers”.
174 Transitional provision
An authorisation given by the Chief Executive Officer of Customs
before the commencement of this item as mentioned in paragraph (b) of
the definition of authorised officer in section 3 of the Passenger
Movement Charge Collection Act 1978 has effect on and after that
commencement as if it had been given by the Comptroller-General of
Customs.
Proceeds of Crime Act 2002
175 Paragraph 213(3)(g)
Omit “Chief Executive Officer of Customs”, substitute
“*Comptroller-General of Customs”.
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176 At the end of section 223
Add:
(5) For the purposes of paragraph (4)(a), the head of the *enforcement
agency, that is the *Immigration and Border Protection
Department, is the *Comptroller-General of Customs.
177 At the end of section 254
Add:
(3) For the purposes of this section, the head of the *enforcement
agency, that is the *Immigration and Border Protection
Department, is the *Comptroller-General of Customs.
178 Section 338 (paragraph (c) of the definition of authorised officer)
Repeal the paragraph, substitute:
(c) a person who is an APS employee in the *Immigration and
Border Protection Department and who is authorised by the *Comptroller-General of Customs; or
179 Section 338
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
180 Section 338
Insert:
Immigration and Border Protection Department means the
Department administered by the Minister administering Part XII of
the Customs Act 1901.
181 Transitional provisions
(1) A notice mentioned in paragraph 15Q(2)(b) or subsection 15R(2) of the
Proceeds of Crime Act 2002 that was given to Customs before the
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commencement of this item is taken on and after that commencement to
have been given to the Immigration and Border Protection Department.
(2) If:
(a) a freezing order under the Proceeds of Crime Act 2002 is
made before, on or after the commencement of this item; and
(b) the order is made because of an application made by an
authorised officer described in paragraph (c) of the definition
of authorised officer in section 338 of that Act, as in force
immediately before that commencement;
then, for the purposes of the application of paragraph 15Q(2)(b) or
subsection 15R(2) of that Act in relation to that order on and after that
commencement, the enforcement agency is taken to be the Immigration
and Border Protection Department.
(3) An application referred to in subsection 202(3), 219(4) or 225(3) of the
Proceeds of Crime Act 2002 that was made before the commencement
of this item by an authorised officer described in paragraph (c) of the
definition of authorised officer in section 338 of that Act and that was
pending immediately before that commencement is taken on and after
that commencement to be an application made by an authorised officer
described in paragraph (c) of that definition (as amended by this
Schedule).
(4) A notice given by the Chief Executive Officer of Customs before the
commencement of this item under subsection 213(1) of the Proceeds of
Crime Act 2002 is taken on and after that commencement to have been
given under that subsection by the Comptroller-General of Customs.
(5) A monitoring order in force immediately before the commencement of
this item that, under paragraph 220(1)(d) of the Proceeds of Crime Act
2002, specifies Customs as the enforcement agency is taken on and after
commencement, under that paragraph, to specify the Immigration and
Border Protection Department as the enforcement agency.
(6) If, immediately before the commencement of this item, the head of
Customs was the responsible custodian of a thing under section 254 of
the Proceeds of Crime Act 2002, then on and after that commencement
the Comptroller-General of Customs is taken to be the responsible
custodian of that thing.
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Psychotropic Substances Act 1976
182 Section 2A
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
183 Section 3
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
184 Subsection 9(3)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
185 Transitional provision
Directions given by the Chief Executive Officer of Customs before the
commencement of this item under subsection 9(3) of the Psychotropic
Substances Act 1976 have effect on and after that commencement as if
they had been given under that subsection by the Comptroller-General
of Customs.
Taxation Administration Act 1953
186 Subsection 355-65(8) in Schedule 1 (table item 2)
Repeal the item, substitute:
2 the Comptroller-General of is for the purpose of administering any
Customs (within the meaning of Act to the extent to which the
the Customs Act 1901) Comptroller-General of Customs has
the general administration of the Act or
any instrument under such an Act.
187 Application and transitional provisions
(1) The amendment of subsection 355-65(8) in Schedule 1 to the Taxation
Administration Act 1953 made by this Schedule applies in relation to
records and disclosures of information made on or after the
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commencement of this item (whether the information was acquired
before, on or after that commencement).
(2) A record or disclosure made before the commencement of this item that
was covered by item 2 of the table in subsection 355-65(8) in
Schedule 1 to the Taxation Administration Act 1953 is taken on and
after that commencement to have been a record or disclosure covered
by that item as repealed and substituted by this Schedule.
Telecommunications (Interception and Access) Act 1979
188 Paragraph 68(o)
Omit “Chief Executive Officer of Customs”, substitute “Secretary of the
Immigration and Border Protection Department”.
189 Transitional provision
Information communicated to the Chief Executive Officer of Customs
before the commencement of this item as mentioned in paragraph 68(o)
of the Telecommunications (Interception and Access) Act 1979 is taken
on and after that commencement to have been information
communicated to the Secretary of the Immigration and Border
Protection Department.
Therapeutic Goods Act 1989
190 Subsection 3(1)
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
191 Paragraph 14B(b)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
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192 Paragraph 19B(7)(b)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
193 Paragraph 19D(5)(b)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
194 Paragraph 41MD(b)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
195 Paragraph 41MJ(b)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
196 Subsections 42F(1) and (2)
Omit “Chief Executive Officer of Customs”, substitute
“Comptroller-General of Customs”.
197 Transitional provision
A notification given to the Chief Executive Officer of Customs before
the commencement of this item as mentioned in paragraph 14B(b),
19B(7)(b), 19D(5)(b), 41MD(b) or 41MJ(b) or subsection 42F(1) or (2)
of the Therapeutic Goods Act 1989 has effect on and after that
commencement as if it had been given to the Comptroller-General of
Customs.
Trade Marks Act 1995
198 Readers guide (list of terms defined in section 6)
Insert “Comptroller-General of Customs”.
199 Readers guide (list of terms defined in section 6)
Omit “Customs CEO”.
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200 Subsection 6(1)
Insert:
Comptroller-General of Customs means the person who is the
Comptroller-General of Customs in accordance with
subsection 11(3) or 14(2) of the Australian Border Force Act 2015.
201 Subsection 6(1) (definition of Customs CEO)
Repeal the definition.
202 Subparagraph 26(1)(d)(i)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
203 Paragraph 84C(2)(b)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
204 Section 131
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
205 Subsections 132(1), (3), (4) and (5)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
206 Section 133 (heading)
Repeal the heading, substitute:
133 Comptroller-General of Customs may seize goods infringing
trade mark
207 Subsections 133(2), (3), (3A), (3B) and (4)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
208 Section 133A
Omit “The Customs CEO or an officer of Customs”, substitute “An
officer of Customs”.
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209 Subsection 134(1)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
210 Subparagraph 134(2)(b)(ii)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
211 Subsection 134(4)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
212 Subsections 134A(1), (2), (3), (4) and (5)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
213 Subsections 135(1), 136(1) and 136A(2)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
214 Subsections 136B(1), (2) and (3)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
215 Subsection 136C(1)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
216 Paragraph 136C(2)(b)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
217 Subsections 136D(1), (2) and (3)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
218 Subsection 136D(4)
Omit “CEO”, substitute “Comptroller-General of Customs”.
219 Paragraph 136E(a)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
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220 Paragraph 137(2)(b)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
221 Subsection 137(6)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
222 Paragraph 139(1)(b)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
223 Subsection 139(2) (note)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
224 Section 140 (heading)
Repeal the heading, substitute:
140 Power of Comptroller-General of Customs to retain control of
goods
225 Section 140
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
226 Section 141
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
227 Subsections 141A(1) and (3)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
228 Paragraph 142(a)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
229 Subsection 143(1)
Omit “Customs CEO” (wherever occurring), substitute
“Comptroller-General of Customs”.
230 Subsection 143(1) (note 2)
Omit “Customs CEO”, substitute “Comptroller-General of Customs”.
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231 Section 261
Repeal the section.
232 Transitional provisions
(1) A thing done by, or in relation to, the Chief Executive Officer of
Customs under the Trade Marks Act 1995 before the commencement of
this item has effect on and after that commencement as if it had been
done by, or in relation to, the Comptroller-General of Customs.
(2) A determination under section 133A of the Trade Marks Act 1995 that
was in force immediately before the commencement of this item
continues in force on and after that commencement as if it were a
determination made under that section as amended by this Schedule.
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Schedule 7 Amendments of Acts referring to the Comptroller-General of Customs
Schedule 7—Amendments of Acts referring to the Comptroller-General of Customs
Agricultural and Veterinary Chemicals (Administration) Act
1992
1 Paragraph 69B(4)(b)
After “Comptroller-General of Customs”, insert “(within the meaning
of the Customs Act 1901)”.
Remuneration and Allowances Act 1990
2 Part 3 of Schedule 2 (table item dealing with the Comptroller-General of Customs)
Repeal the item.
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Contingent amendments Schedule 8
Schedule 8—Contingent amendments
Australian Border Force Act 2015
1 Paragraph 46(g)
Omit “or the Education Services for Overseas Students Act 2000”,
substitute “, the Education Services for Overseas Students Act 2000 or
the Biosecurity Act 2015”.
Biosecurity Act 2015
2 Section 9 (definition of international mail centre)
Repeal the definition, substitute:
international mail centre means a place approved by the
Comptroller-General of Customs (within the meaning of the
Customs Act 1901) in an instrument under subsection 183UA(2) of
that Act.
3 Paragraph 98(1)(d)
Repeal the paragraph.
Customs Act 1901
4 Paragraph 205EA(2)(b)
Omit “CEO”, substitute “Comptroller-General of Customs”.
5 Paragraph 206(2A)(b)
Omit “the CEO or a Regional Director for a State or Territory”,
substitute “the Comptroller-General of Customs”.
6 Subsection 206(2A)
Omit “the CEO or Regional Director concerned”, substitute “the
Comptroller-General of Customs”.
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7 Transitional provisions—prohibited psychoactive substances and prohibited serious drug alternatives
(1) A notice given by the Chief Executive Officer of Customs under
paragraph 205EA(2)(b) of the Customs Act 1901 before the
commencement of this item is taken on and after that commencement to
have been a notice given by the Comptroller-General of Customs under
that paragraph as amended by this Schedule.
(2) Goods dealt with in accordance with subsection 206(2A) of the Customs
Act 1901 before the commencement of this item are taken on and after
that commencement to have been dealt with in accordance with that
subsection as amended by this Schedule.
Migration Act 1958
8 Subsection 245LB(2)
Omit “, or under subsection 64ACA(11) or 64ACB(8) of the Customs
Act 1901,”.
9 Subsection 245LB(3)
Repeal the subsection.
Telecommunications (Interception and Access) Act 1979
10 Paragraph 110A(1)(e)
Repeal the paragraph, substitute:
(e) subject to subsection (1A), the Immigration and Border
Protection Department;
11 After subsection 110A(1)
Insert:
(1A) Paragraph (1)(e) applies to the Immigration and Border Protection
Department only in connection with the investigation by that
Department of a contravention of:
(a) the Customs Act 1901; or
(b) the Crimes Act 1914; or
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(c) the Criminal Code; or
(d) the Environment Protection and Biodiversity Conservation
Act 1999; or
(e) Part 6 of the Australian Border Force Act 2015; or
(f) an Act prescribed in a legislative instrument made by the
Minister for the purposes of this paragraph; or
(g) a provision of an Act, being a provision prescribed in a
legislative instrument made by the Minister for the purposes
of this paragraph.
Note: See also section 110B.
12 After section 110A
Insert:
110B Declarations in relation to the Immigration and Border
Protection Department
Provisions of Chapter 3 or 4 that do not apply to the Immigration
and Border Protection Department
(1) The Minister may, by legislative instrument, declare that:
(a) a specified provision in Chapter 3 or 4, referring to a criminal
law-enforcement agency, does not apply in relation to the
Immigration and Border Protection Department; or
(b) a specified provision in Chapter 4, referring to an
enforcement agency, does not apply in relation to the
Immigration and Border Protection Department.
Provisions of Chapter 3 or 4 that have a limited application to the
Immigration and Border Protection Department
(2) The Minister may, by legislative instrument, declare that:
(a) a specified provision in Chapter 3 or 4, referring to a criminal
law-enforcement agency, applies in relation to the
Immigration and Border Protection Department only to the
extent specified in the declaration; or
(b) a specified provision in Chapter 4, referring to an
enforcement agency, applies in relation to the Immigration
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and Border Protection Department only to the extent
specified in the declaration.
13 At the end of subsection 176A(1)
Add:
Note: See also section 110B (about declarations in relation to the
Immigration and Border Protection Department).
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Other application and transitional provisions Schedule 9
Schedule 9—Other application and transitional provisions
1 References to APS employee in Australian Border Force Act
To avoid doubt, a reference in the Australian Border Force Act 2015 to
an APS employee in the Department is a reference to a person who is an
APS employee in the Department, whether the person became such an
employee before, on or after the commencement of this item.
2 Immigration and Border Protection workers—former Customs workers
Person whose services made available to Customs
(1) A person to whom paragraph (b) of the definition of Customs worker in
section 3 of the Customs Administration Act 1985 applies immediately
before the commencement of this item is taken on and after that
commencement to be a person to whom paragraph (d) of the definition
of Immigration and Border Protection worker in subsection 4(1) of the
Australian Border Force Act 2015 applies.
Consultants and contractors
(2) A person to whom paragraph (c) of the definition of Customs worker in
section 3 of the Customs Administration Act 1985 applies immediately
before the commencement of this item is taken on and after that
commencement to be a person to whom paragraph (e) of the definition
of Immigration and Border Protection worker in subsection 4(1) of the
Australian Border Force Act 2015 applies.
Other persons
(3) A person to whom paragraph (d) of the definition of Customs worker in
section 3 of the Customs Administration Act 1985 applies immediately
before the commencement of this item is taken on and after that
commencement to be a person to whom paragraph (f) of the definition
of Immigration and Border Protection worker in subsection 4(1) of the
Australian Border Force Act 2015 applies.
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3 Immigration and Border Protection workers—Departmental workers
Person whose services made available to Department
(1) For the purposes of paragraph (d) of the definition of Immigration and
Border Protection worker in subsection 4(1) of the Australian Border
Force Act 2015, it does not matter whether a person’s services were
first made available to the Department before, on or after the
commencement of this item.
Consultants and contractors
(2) For the purposes of paragraph (e) of the definition of Immigration and
Border Protection worker in subsection 4(1) of the Australian Border
Force Act 2015, it does not matter whether the engagement of a person
occurred before, on or after the commencement of this item.
Other persons
(3) For the purposes of paragraph (f) of the definition of Immigration and
Border Protection worker in subsection 4(1) of the Australian Border
Force Act 2015, it does not matter whether the engagement of a person
occurred, or whether the employment of a person commenced, before,
on or after the commencement of this item.
4 Prohibited drugs
An instrument in force under section 16H of the Customs
Administration Act 1985 immediately before the commencement of this
item is taken on and after that commencement to be an instrument made
by the Secretary and in force under subsection 4(3) of the Australian
Border Force Act 2015.
5 Secrecy—protected information
(1) Part 6 of the Australian Border Force Act 2015 applies in relation to the
making of a record of, or the disclosure of, information on or after the
commencement of this item, whether the information was obtained
before, on or after that commencement.
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(2) A person who was, at any time before the commencement of this item, a
person to whom section 16 of the Customs Administration Act 1985
applied is taken, on and after that commencement, to be an entrusted
person for the purposes of the Australian Border Force Act 2015.
6 Secrecy—agreements
(1) Subsection 45(4) of the Australian Border Force Act 2015 applies in
relation to agreements entered into before, on or after the
commencement of this item.
(2) An agreement referred to in subsection 16(3D) of the Customs
Administration Act 1985 that was entered into by Customs and that was
in force immediately before the commencement of this item is taken on
and after that commencement to have been an agreement entered into
by the Commonwealth and to be an agreement to which
subsection 45(4) of the Australian Border Force Act 2015 applies.
7 Officer of Customs
A thing done under a law of the Commonwealth before the
commencement of this item by, or in relation to, an Officer of Customs
within the meaning of subsection 4(1) of the Customs Act 1901 is taken
on and after that commencement to have been a thing done under that
law by, or in relation to, an officer of Customs within the meaning of
that subsection as amended by this Act.
8 Transitional—legal proceedings involving the Chief Executive Officer of Customs
If, immediately before the commencement of this item, the Chief
Executive Officer of Customs was a party to proceedings pending in
any court or tribunal, the Comptroller-General of Customs is substituted
for the Chief Executive Officer of Customs as a party to the proceedings
on and after that commencement.
9 Transitional rules
(1) The Minister may, by legislative instrument, make rules prescribing
matters of a transitional nature (including prescribing any saving or
application provisions) relating to:
(a) the amendments or repeals made by this Act; or
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(b) the enactment of this Act or the Australian Border Force Act
2015.
(2) To avoid doubt, the rules may not do the following:
(a) create an offence or civil penalty;
(b) provide powers of:
(i) arrest or detention; or
(ii) entry, search or seizure;
(c) impose a tax;
(d) set an amount to be appropriated from the Consolidated
Revenue Fund under an appropriation in this Act;
(e) amend this Act.
(3) This Act (other than subitem (2)) does not limit the rules that may be
made for the purposes of subitem (1).
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Endnotes
Endnote 1—About the endnotes
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that
has amended (or will amend) the compiled law. The information includes
commencement details for amending laws and details of any application, saving
or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at
the provision (generally section or equivalent) level. It also includes information
about any provision of the compiled law that has been repealed in accordance
with a provision of the law.
Editorial changes
The Legislation Act 2003 authorises First Parliamentary Counsel to make
editorial and presentational changes to a compiled law in preparing a
compilation of the law for registration. The changes must not change the effect
of the law. Editorial changes take effect from the compilation registration date.
If the compilation includes editorial changes, the endnotes include a brief
outline of the changes in general terms. Full details of any changes can be
obtained from the Office of Parliamentary Counsel.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe
the amendment to be made. If, despite the misdescription, the amendment can
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Endnote 1—About the endnotes
be given effect as intended, the amendment is incorporated into the compiled
law and the abbreviation “(md)” added to the details of the amendment included
in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the
abbreviation “(md not incorp)” is added to the details of the amendment
included in the amendment history.
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Endnotes
Endnote 2—Abbreviation key
Endnote 2—Abbreviation key
ad = added or inserted o = order(s)
am = amended Ord = Ordinance
amdt = amendment orig = original
c = clause(s) par = paragraph(s)/subparagraph(s)
/sub-subparagraph(s)C[x] = Compilation No. x
Ch = Chapter(s) pres = present
def = definition(s) prev = previous
Dict = Dictionary (prev…) = previously
disallowed = disallowed by Parliament Pt = Part(s)
Div = Division(s) r = regulation(s)/rule(s)
ed = editorial change reloc = relocated
exp = expires/expired or ceases/ceased to have renum = renumbered
effect rep = repealed
F = Federal Register of Legislation rs = repealed and substituted
gaz = gazette s = section(s)/subsection(s)
LA = Legislation Act 2003 Sch = Schedule(s)
LIA = Legislative Instruments Act 2003 Sdiv = Subdivision(s)
(md) = misdescribed amendment can be given SLI = Select Legislative Instrument
effect SR = Statutory Rules
(md not incorp) = misdescribed amendment Sub-Ch = Sub-Chapter(s)
cannot be given effect SubPt = Subpart(s)
mod = modified/modification underlining = whole or part not
commenced or to be commencedNo. = Number(s)
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Endnote 3—Legislation history
Endnote 3—Legislation history
Act Number
and year
Assent Commencement Application,
saving and
transitional
provisions
Customs and Other
Legislation Amendment
(Australian Border
Force) Act 2015
41, 2015 20 May
2015
Sch 1–7, Sch 8 (items 8,
9) and Sch 9: 1 July
2015 (s 2(1) items 2, 5,
7)
Sch 8 (items 1–3):
16 June 2016 (s 2(1)
item 3)
Sch 8 (items 4–7): 5 Sept
2015 (s 2(1) item 4)
Sch 8 (items 10–13): 13
Oct 2015 (s 2(1) item 6)
Remainder: 20 May
2015 (s 2(1) item 1)
Australian Border Force 115, 2017 30 Oct Sch 1 (item 26): 1 July —
Amendment (Protected 2017 2015 (s 2(1) item 2)
Information) Act 2017
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Endnote 4—Amendment history
Endnote 4—Amendment history
Provision affected How affected
Schedule 9
item 5.............................................am No 115, 2017
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