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under subsection 79(1).".

Security of identifying codes and PIN numbers

24. Section 234AC of the Principal Act is amended by inserting after subsection (2) and before the penalty at the foot of that subsection the following subsection:

  "(3) A registered user of a cargo automation system must:

     (a)     take all reasonable steps, in accordance with the user agreement applicable to that cargo automation system, to safeguard the security of the identifying code allocated to the user; and

     (b)     notify Customs, at the earliest available opportunity, if the user is aware that the identifying code allocated to the user is, or is likely to be, known to any person other than an employee of the user.".

Review of decisions

25. Section 273GA of the Principal Act is amended by inserting after paragraph (1)(aaa) the following paragraphs:

       "(aaaa) a decision by the Comptroller under section 67C to refuse to register a person as a registered user in relation to a cargo automation system;

        (aaab) a decision by the Comptroller under section 67C to cancel the registration of a person as a registered user in relation to a cargo automation system;".

PART 3—AMENDMENTS OF THE CUSTOMS ADMINISTRATION ACT 1985

Principal Act

26. In this Part, "Principal Act" means the Customs Administration Act 19852.

Breaches of confidence

  27. Section 16 of the Principal Act is amended:

     (a)     by omitting from subsection (2) "subsection (3)" and substituting "subsections (3) and (4)";

   (b)    by adding at the end the following subsections:

     "(4) Nothing in subsection (2) prohibits the disclosure of cargo reports under section 64AB of the Customs Act 1901:

       (a) to AQIS for the purpose of determining whether or not:

             (i) there has been a breach of the Quarantine Act 1908; or

              (ii) there is a requirement to exercise powers under that Act; or

         (b) to a port authority for the purpose of enabling the authority to gather statistics or compute liability for wharfage charges.

     "(5) A person to whom information is disclosed for a purpose referred to in subsection (4) must not:

       (a)     use that information for any other purpose; or

         (b)     disclose that information to any person except to the extent necessary for a purpose so referred to.

     Penalty: Imprisonment for 2 years.

     "(6) For the purposes of subsections (4) and (5), disclosure of information includes disclosure by way of the provision of computer access to the Sea Cargo Automation System or the Air Cargo Automation System referred to in section 67A of the Customs Act 1901.".

NOTES

  1. No. 6, 1901, as amended. For previous amendments, see No. 21, 1906; Nos. 9 and 36, 1910; No. 10, 1916; No. 41, 1920; No. 19, 1922; No. 12, 1923; No. 22, 1925, No. 6,