Document ID: chunk:federal_register_of_legislation:F2021C00601:reg:18:p1
Version: federal_register_of_legislation:F2021C00601
Segment Type: reg
Provision Reference: reg 18 (pt 1/2)
Character Range: 21250–24383

18  Conditions for participation in the Australian Trusted Trader Programme

        (1) For paragraph 179(1)(c) of the Act, an entity that has entered into a trusted trader agreement participates in the Australian Trusted Trader Programme subject to the conditions prescribed by this section.

       Qualification criteria and standards

        (2) The entity must:
           (a) continue to satisfy the qualification criteria; and
           (b) satisfy the qualification criteria to the standard (if any) specified in the agreement.

       Assistance to enable compliance assessment

        (3) The entity must ensure that all practicable assistance is given to Immigration and Border Protection workers to enable such workers to undertake assessments of whether the entity is continuing to comply with the qualification criteria and the agreement.

            Note: The agreement may require such assessments to be undertaken in circumstances, and in the manner, provided by the agreement.

       Offence history

        (4) A person covered by subsection (5) must not be convicted of an offence against a Customs‑related law, or against another law of the Commonwealth, or a law of a State or Territory, for actions that may present a risk to the following:
           (a) the entity's international supply chain;
           (b) the ability of a person having a function in relation to the management or control of the entity's international supply chain to effectively perform that function.

        (5) The following persons are covered by this subsection:
           (a) the entity;
           (b) if the entity is a body corporate—each director;
           (c) if the entity is a partnership—each partner;
           (d) if the entity is a trust, or a trustee of a trust—each trustee of the trust;
           (e) each person employed or contracted by the entity (or by a contractor of the entity) to undertake an activity that forms part of the entity's international supply chain.

       Notification requirements

        (6) The entity must, in accordance with the agreement:
           (a) from time to time, nominate a person as the entity's primary contact person; and
           (b) notify the Department of the contact details of the person currently nominated as the entity's primary contact person.

        (7) The entity must, in accordance with the agreement, notify the Department as soon as practicable after becoming aware of any of the following:
           (a) any change to the circumstances on the basis of which the agreement is entered into;
           (b) any matters that may affect compliance by any person undertaking activities for the purposes of, or incidental to, the entity's international supply chain with a Customs‑related law, this instrument or the agreement;
           (c) any non‑compliance by such a person with a Customs‑related law, this instrument or the agreement;
           (d) a conviction for an offence in relation to which subsection (4) applies.

       False or misleading information

        (8) The entity must not provide information to the Commonwealth