Document ID: chunk:federal_register_of_legislation:C2004A04500:body:0:p2
Version: federal_register_of_legislation:C2004A04500
Segment Type: other
Provision Reference: 
Character Range: 2872–5688

to have commenced on 1 September 1992.

(6)    If a provision of this Act referred to in subsection (3) does not commence within the period of 6 months commencing on the day on which this Act receives the Royal Assent, it commences on the first day after the end of that period.

PART 2—AMENDMENTS OF THE CUSTOMS ACT 1901

Principal Act

  3. In this Part, "Principal Act" means the Customs Act 19011.

Interpretation

  4. Section 4 of the Principal Act is amended:

    (a)     by omitting from the definition of "warehoused goods" in subsection (1) "section 40AA" and substituting "section 71";

    (b)    by omitting from subsection (1) the definition of "owner" in respect of a ship or aircraft and substituting the following definition:

     " 'owner', in respect of a ship or aircraft, includes a charterer of the ship or aircraft or a slot charterer or freight forwarder responsible for the transportation of goods on the ship or aircraft;";

  (c) by inserting in subsection (1) the following definitions:

     " 'Air Cargo Automation System' means the computer system established under subsection 67A(2);

     'AQI' means the operating group within the Department of Primary Industries and Energy having responsibility in relation to the administration of the Quarantine Act 1908;

     'cargo automation system' means the Air Cargo Automation System or the Sea Cargo Automation System;

     'port authority' means a body established by or under a law of a State or Territory to administer the business carried on at a port or ports in that State or Territory;

     'Sea Cargo Automation System' means the computer system established under subsection 67A(1);".

Insertion of new section

5. After section 19 of the Principal Act the following section is inserted:

Waterfront area control

"20.(1) person who is in a waterfront area must, at the request of a Customs officer, produce appropriate identification for the officer's inspection.

"(2) If a person refuses or fails to produce appropriate identification to a Customs officer on request, the officer may, if he or she has reason to believe that the person is a member of the crew of an international ship, request the person to return to the ship forthwith to obtain that identification.

"(3) If a member of the crew of an international ship refuses or fails to produce appropriate identification to a Customs officer, the master of the ship is taken, because of that refusal or failure, to have committed an offence against this Act.

Penalty: $1,000.

"(4) In any proceedings for an offence against subsection (3), it is a defence if the master of the ship establishes that he or she has taken all reasonable steps to ensure that crew members:

   (a)     have appropriate identification; and

     (b)     understand their obligation to