Commonwealth: Customs Legislation Amendment Act 1992 (Cth)

Customs Legislation Amendment Act 1992 No. 209 of 1992 TABLE OF PROVISIONS PART 1—PELIMINARY Section 1. Short title 2. Commencement PART 2—AMENDMENTS OF THE CUSTOMS ACT 1901 3. Principal Act 4. Interpretation 5. Insertion of new section: 20. Waterfront area control 6. Impending arrival report 7. Cargo report 8. Insertion of new section: 64ABA. Amendment of cargo reports 9. Communication of reports to Customs 10. Insertion of Division: Division 3A—The use of computers in sea and air cargo automation systems 67A. Sea and air cargo automation systems 67B. Computer access to Customs 67C. Registered users 67D. Unauthorised use of registered user's identifying code 67E. What happens if a cargo automation system is down? 11. Like customable goods 12. Special clearance goods 13. Authority to deal with goods entered under section 71A 14. Application for movement permission 15. Manner and effect of communicating with Customs by computer 16. Authority for unshipment 17. Insertion of new section: 74A. Cargo clearance 18. Authority to deal with goods entered under section 114 TABLE OF PROVISIONS—continued Section 19. Goods to be dealt with in accordance with export entry 20. Rate of import duty 21. Rebate of duty in respect of diesel fuel used for certain purposes 22. Payments under protest 23, Repeal and substitution of section 197: 197. Power to stop and search vehicles 24. Security of identifying codes and PIN numbers 25. Review of decisions PART 3—AMENDMENTS OF THE CUSTOMS ADMINISTRATION ACT 1985 26. Principal Act 27. Breaches of confidence Customs Legislation Amendment Act 1992 No. 209 of 1992 An Act to amend legislation relating to Customs, and for related purposes [Assented to 22 December 1992] The Parliament of Australia enacts: PART 1—PRELIMINARY Short title 1. This Act may be cited as the Customs Legislation Amendment Act 1992. Commencement 2.(1) Sections 1, 2 and 3, subsection 13(1), paragraphs 15(a), (b) and (c) and sections 18 and 26 commence on the day on which this Act receives the Royal Assent. (2) Sections 5 and 23 commence 28 days after the day on which this Act receives the Royal Assent. (3) Subject to subsection (6), paragraphs 4(b) and (c), sections 6, 7, 8, 9 and 10, subsection 13(2), section 14, paragraph 15(d) and sections 16, 17, 24, 25 and 27 commence on a day or days to be fixed by Proclamation. (4) Section 21 is taken to have commenced on 18 August 1992. (5) Paragraph 4(a) and sections 11, 12, 19, 20 and 22 are taken 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 carry their identification in a waterfront area and to produce it to Customs officers when requested to do so. "(5) If: (a) a person refuses or fails to produce appropriate identification to a Customs officer on request; and (b) the officer has no reason to believe that the person is a member of an international ship's crew; the officer may: (c) if the person can otherwise establish his or her identity to the satisfaction of the officer and explain his or her presence in the waterfront area—issue the person with a temporary identification; or (d) if the person is unable to establish his or her identity or to explain his or her presence in the waterfront area—request the person to leave the waterfront area forthwith. "(6) For the purposes of this section, a temporary identification issued under subsection (5) has effect, until that document expires, as if it were an appropriate identification. "(7) A person must not, without reasonable excuse, refuse or fail to comply with a request under subsection (2) or paragraph (5)(d). Penalty: $500. "(8) In this section: 'appropriate identification' means: (a) if a person is a member of the crew of an international ship: (i) a current passport; or (ii) a document issued by the shipping company having control of the ship concerned setting out the full name and nationality of the person and the passport number or other official identification number of the person; or (iii) a document issued by, or by an instrumentality of, the Commonwealth, a State or a Territory providing photographic identification of the person and setting out the person's full name, address, and date of birth; and (b) if the person is not a member of the crew of such a ship—either: (i) a document issued by the employer of the person providing photographic identification of the employee; or (ii) a document issued by, or by an instrumentality of, the Commonwealth, a State or a Territory providing photographic identification of the person and setting out the person's full name, address, and date of birth; 'international ship' means a ship that is currently engaged in making international voyages; 'waterfront area' means an area: (a) that is: (i) a port or wharf that is appointed, and the limits of which are fixed, under section 15; or (ii) a boarding station that is appointed under section 15; or (iii) a place that is appointed under paragraph 17(b); and (b) that is signposted so as to give persons present in the area a clear indication: (i) that it is an area under Customs control; and (ii) that they must not enter, or remain in, the area unless they carry appropriate identification; and (iii) that they may be required to produce appropriate identification and, if they fail to do so, that they may be requested to leave the area.". Impending arrival report 6. Section 64 of the Principal Act is amended: (a) by inserting in subsection (1) "or (4)" after "subsection (3)"; (b) by inserting after subsection (2) the following subsection: "(2A) A report under subsection (1) or (2) may be made by document, telephone call, facsimile or, in the case of a report under subsection (1) made by an owner of a ship who is a registered user in relation to the Sea Cargo Automation System, by computer."; (c) by inserting in subsection (3) "(other than a computer report for the purposes of subsection (1))" after "subsection (1) or (2)"; (d) by adding at the end the following subsection: "(4) A computer report for the purposes of subsection (1) must: (a) be transmitted to Customs using the Sea Cargo Automation System; and (b) communicate such information as is set out in an approved statement; and (c) be signed by transmitting the identifying code of the person making the report.". Cargo report 7. Section 64AB of the Principal Act is amended: (a) by omitting from subsection (2) ", by document or by computer"; (b) by omitting from subsection (3) all the words after "must communicate" and substituting: "to Customs a report of the cargo that is intended to be unshipped at the airport not later than: (a) if that report is made by document—3 hours after the arrival of the aircraft at the airport; or (b) if that report is made by computer—2 hours before the arrival of the aircraft at the airport."; (c) by inserting after subsection (3) the following subsection: "(3A) A report under subsection (2) or (3) may be made by document or, in the case of a report by an owner of a ship or aircraft who is a registered user, by computer."; (d) by omitting from paragraph (5)(a) "the prescribed computer system" and substituting "a cargo automation system"; (e) by omitting paragraph (5)(c) and substituting the following paragraph: "(c) be signed by transmitting the identifying code of the person making the report."; (f) by omitting subsections (6) and (7) and substituting the following subsection: "(6) Nothing in this section prevents the Comptroller-General from approving different approved forms and different approved statements for the cargo reports of different kinds of owner of a ship or aircraft.". Insertion of new section 8. After section 64AB of the Principal Act the following section is inserted: Amendment of cargo reports "64ABA.(1) At any time after a cargo report is communicated to Customs but before the delivery of the goods into home consumption or warehousing covered by the report, the person who communicated the report to Customs may, by document or by computer, communicate a variation of the report to Customs. "(2) If a variation of a cargo report will result in a decrease in the quantity of any kind of goods previously covered by the report, the person communicating the variation must, as soon as practicable after so doing but not later than 90 days after so doing, also communicate to Customs an explanation of why the quantity of goods of that kind is so decreased. "(3) The variation and, if it is dealt with at a separate time, the explanation, must: (a) if it is a variation of, or an explanation relating to, a documentary cargo report—be communicated to Customs, and be signed, as required for the original cargo report under subsection 64AB(4); and (b) if it is a variation of, or an explanation relating to, a computer cargo report—be transmitted to Customs, and signed, as required for the original cargo report under subsection 64AB(5). "(4) A variation of a report is taken to have been communicated to Customs at the time when, in accordance with section 64AD, it would be taken to be so communicated if it constituted a complete cargo report and, with effect from that time, the original cargo report has effect as if it had been communicated incorporating the variations.". Communication of reports to Customs 9. Section 64AD of the Principal Act is amended: (a) by omitting from subsections (1) and (2) "an impending" (wherever occurring) and substituting "a documentary impending"; (b) by inserting in subsection (3) "a computer impending arrival report," before "a computer cargo report". Insertion of Division 10. After Division 3 the following Division is inserted in Part IV: "Division 3A—The use of computers in sea and air cargo automation systems Sea and air cargo automation systems "67A.(1) Customs must establish and maintain a computer system, to be known as the Sea Cargo Automation System, for purposes that include: (a) the receipt and processing of reports relating to the impending arrival of ships or relating to their cargo; and (b) the receipt and processing of variations of cargo reports referred to in paragraph (a); and (c) the acknowledgment of such report or variations of such cargo reports; and (d) the grant or refusal of permits to unship at a port goods covered by such cargo reports; and (e) the grant or refusal of cargo clearance advices under section 74A in respect of all or a part of the goods covered by such cargo reports; and (f) the receipt and processing of movement applications under section 71E. "(2) Customs must establish and maintain a computer system, to be known as the Air Cargo Automation System, for purposes that include: (a) the receipt and processing of reports relating to an aircraft's cargo; and (b) the receipt and processing of variations to cargo reports referred to in paragraph (a); and (c) the acknowledgment by Customs of such reports or variations of such cargo reports; and (d) the grant or refusal, by Customs, of cargo clearance advices under section 74A in respect of all or a part of the goods covered by such cargo reports; and (e) the receipt and processing of movement applications under section 71E. Computer access to Customs "67B.(1) A person cannot transmit information to Customs using either the Sea Cargo Automation System or the Air Cargo Automation System unless the person is a registered user in relation to that system. "(2) A person cannot obtain information from Customs using the Sea Cargo Automation System or the Air Cargo Automation System unless: (a) the person is a registered user in relation to that system, is AQIS or, in relation to the Sea Cargo Automation System, is a port authority; and (b) if the person is AQ1S or is a port authority—the information is provided, and used, only in accordance with section 16 of the Customs Administration Act 1985. "(3) A person who becomes a registered user in relation to a cargo automation system will, according to the nature of the person's business, be permitted access to that system in accordance with this Act and with any user agreement entered into by the person. "(4) A registered user, in relation to the Sea Cargo Automation System, is permitted only such access to the system as is set out below: (a) if the registered user is the owner of a ship: (i) access to transmit reports relating to the impending arrival of the ship or relating to its cargo; and (ii) access to transmit variations of reports relating to the cargo of the ship; and (iii) access to discover whether a permit to unship has been granted, granted subject to conditions, or refused in respect of any goods covered by such a report; and (iv) access to discover whether a cargo clearance advice has been granted or refused in respect of any goods covered by such a report; (b) if the registered user is not the owner of a ship: (i) access to discover whether a permit to unship has been granted, granted subject to conditions, or refused in respect of particular cargo; and (ii) access to discover whether a cargo clearance advice has been granted or refused in respect of particular cargo. "(5) A registered user, in relation to the Air Cargo Automation System, is permitted only such access to the system as is set out below: (a) if the registered user is the owner of an aircraft: (i) access to transmit reports relating to the cargo of the aircraft; and (ii) access to transmit variations of reports relating to the cargo of the aircraft; and (iii) access to discover whether a cargo clearance advice has been granted or refused; (b) if the registered user is not the owner of an aircraft—access to discover whether a cargo clearance advice has been granted or refused in respect of particular cargo. "(6) AQIS is permitted only such access to a cargo automation system as is set out below: (a) access to any cargo report transmitted to Customs on the computer; (b) access to discover, in the case of cargo brought to Australia by ship, whether a permit to unship has been granted, granted subject to conditions, or refused in respect of any goods covered by such a report; (c) access to discover whether a cargo clearance advice has been granted or refused in respect of any goods covered by such a report. "(7) A port authority is permitted access only to the Sea Cargo Automation System and is permitted that access only to obtain such particulars from any cargo report transmitted to Customs on the system as are required for the purpose of compiling statistics and calculating wharfage charges. Registered users "67C.(1) A person who wishes to become a registered user in relation to the Sea Cargo Automation System or the Air Cargo Automation System may apply to the Comptroller to be so registered in relation to that system. "(2) An application must: (a) be in writing; and (b) be in an approved form; and (c) contain such information as the form requires; and (d) be signed in the manner indicated in the form. "(3) The Comptroller may require an applicant for registration to give such additional information as the Comptroller considers necessary for the purposes of the application and may refuse to register the person until the information is given to the satisfaction of the Comptroller. "(4) If an application is made to the Comptroller under this section for registration in relation to the Sea Cargo Automation System or the Air Cargo Automation System, the Comptroller must, having regard to that application and, where additional information is supplied in response to a request under subsection (3), to that additional information: (a) register the applicant as a registered user in relation to that system by signing a notice stating that the applicant is such a registered user; or (b) refuse to register the applicant as a registered user in relation to that system by signing a notice stating that the Comptroller has refused to register the applicant and setting out the reasons for the refusal. "(5) Without limiting the generality of subsection (4), the Comptroller may refuse to register an applicant as a registered user in relation to a system if the Comptroller is satisfied that the applicant does not have, and is not likely to acquire within a reasonable time after making the application, computer facilities of the kind referred to in paragraph (7)(a) in respect of an application for such a registration. "(6) If the Comptroller registers a person as a registered user in relation to a system, the registration has effect from the day on which the relevant notice was signed. "(7) Each registered user in relation to a system must, as soon as practicable after registration, enter into an agreement with Customs, setting out the terms and conditions of computer access to Customs in accordance with section 67B including: (a) a condition that the user will use computer facilities of a kind specified in the agreement as suitable for all computer communications with Customs on that system; and (b) a condition that the user, when assigned an identifying code by the Comptroller, will ensure the security of the code in a manner indicated in the agreement. "(8) Where a registered user in relation to a system enters into a user agreement, the Comptroller must forthwith allocate to the user an identifying code for the use of the registered user and any employee of the user when communicating with Customs on that system. "(9) Where, at any time, the Comptroller becomes satisfied that a person who is a registered user in relation to a system has failed to comply: (a) with an obligation imposed on the user under this Act; or (b) with a term of the applicable user agreement; the Comptroller may cancel the person's registration as a registered user in relation to that system by sending a notice to the person to the effect that the registration has been cancelled and setting out the reasons for that cancellation. "(10) The cancellation of the registration of a registered user in relation to a system has effect from the day the relevant notice is signed. "(11) The Comptroller must, as soon as practicable after signing a notice under subsection (4) or (9), serve a copy of the notice on the person concerned but a failure to do so does not alter the effect of the notice. Unauthorised use of registered user's identifying code "67D. If a computer report is communicated to Customs using a registered user's identifying code: (a) without the authority of the user to whom the code is assigned; and (b) before notification to Customs by the user of a possible breach of security; that report will be taken, subject to any evidence of the user to the contrary, to have been communicated by the user. What happens if a cargo automation system is down? "67E.(1) If, because a cargo automation system is inoperative, a registered user in relation to that system cannot transmit a report or, in relation to a cargo report, a variation of the report, to Customs by computer, the user must communicate that report, or that variation, to Customs by document. "(2) If, because a cargo automation system is inoperative, Customs cannot transmit an acknowledgment by computer of a report, or of a variation of a cargo report, to the user, Customs must acknowledge that report, or that variation, by document.". Like customable goods 11. Section 69 of the Principal Act is amended: (a) by omitting subsection (1) and substituting the following subsection: "(1) In this section: 'like customable goods' means: (a) goods to which section 68 applies that are classified under a subheading specified in column 1 of the Table to section 26 of the Customs Tariff Act 1987; and (b) any other goods that are prescribed for the purposes of this section."; (b) by inserting in paragraph (5)(c) "or 71L" after "71K". Special clearance goods 12. Section 70 of the Principal Act is amended: (a) by inserting in paragraph (7)(a) "or 71L" after "71K"; (b) by inserting in paragraph (7)(b) "or sales tax" after "duty". Authority to deal with goods entered under section 71A 13.(1) Section 71B of the Principal Act is amended: (a) by omitting from subsection (8) "doing duty in relation to import entries"; (b) by omitting subparagraph (8)(b)(ii) and substituting the following subparagraph: "(ii) by signing and serving a notice of the kind referred to in paragraph (a) on the registered COMPILE user to whom the authority was given, or, if that person does not have possession of the goods, on the person who has possession of the goods;". (2) Section 71B of the Principal Act is further amended by inserting after subsection (3) the following subsection: "(3A) An authority to deal may not be issued unless a cargo clearance advice authorising the goods the subject of the import entry advice to be released for home consumption or warehousing has first been issued under section 74A.". Application for movement permission 14. Section 71E of the Principal Act is amended: (a) by omitting from subsection (1) "in writing" and substituting "by document or by computer"; (b) by inserting in subsection (2) "documentary" before "movement application"; (c) by inserting after subsection (2) the following subsection: "(2A) A computer movement application must be transmitted by a registered user of a cargo automation system, or a registered COMPILE user, as the owner, or on behalf of the owner, of the goods concerned."; (d) by inserting in subsection (3) "or (2A)" after "subsection (2)"; (e) by inserting after subsection (3) the following subsections: "(3A) A person to whom a permission has been given under subsection (3) must not, without reasonable excuse, move the goods to which the permission relates otherwise than in accordance with the permission. Penalty: $50,000. "(3B) If a person moves goods otherwise than in accordance with the requirement of a permission to which the goods relate, the movement of the goods is, for the purposes of paragraph 229(1)(g), taken not to have been authorised by this Act.". Manner and effect of communicating with Customs by computer 15. Section 71L of the Principal Act is amended: (a) by omitting from subsection (1) "or a withdrawal of such an entry" and substituting ", a withdrawal of such an entry, or a return for the purposes of subsection 69(5) or 70(7)"; (b) by omitting from subsection (2) "or a withdrawal of such an entry" and substituting ", a withdrawal of such an entry, or a return for the purposes of subsection 69(5) or 70(7)"; (c) by omitting from subsection (2) "of a withdrawal" and substituting "of the withdrawal or of the return"; (d) by adding at the end the following subsections: "(3) A movement application that is transmitted to Customs by computer: (a) must be transmitted using a cargo automation system or the COMPILE computer system during a time when, under regulations made for the purposes of section 28, a person can transmit a computer entry to Customs; and (b) must be signed by transmitting, in relation to the application, the registered user's identifying code under the cargo automation system or the registered COMPILE user's PIN number, as the case requires; and (c) must communicate such information as is set out in an approved statement relating to that communication. "(4) For the purposes of this Act, a movement application is taken to have been communicated to Customs by computer: (a) when an acknowledgment of the application is transmitted by Customs using a cargo automation system to the registered user of that system whose identifying code was transmitted in relation to the application; or (b) when an acknowledgment of the application is transmitted by Customs using the COMPILE computer system to the registered COMPILE user whose PIN number was transmitted in relation to the application; as the case requires.". Authority for unshipment 16. Section 74 of the Principal Act is amended by adding at the end the following subsections: "(3) Subject to subsection (4), a permit to unship must be communicated: (a) to the person who communicated to Customs the cargo report covering the goods to which the permit relates; and (b) to any other person responsible for the physical removal of the cargo covered by the report from the ship or aircraft. "(4) If a permit to unship goods is communicated to a person other than the person who communicated to Customs that cargo report covering the goods, Customs may inform that other person of any conditions attaching to the grant of the permit that directly affect the physical removal of goods covered by the cargo report but must not disclose any other conditions or the reasons for the imposition of any of the conditions to which the grant of the permit is subject.". Insertion of new section 17. After section 74 of the Principal Act the following section is inserted: Cargo clearance "74A. If: (a) a person has lodged a cargo report in respect of goods intended to be discharged at a port or airport in Australia; and (b) a permit to unship the goods has been issued under section 74; and (c) an officer of Customs doing duty in relation to cargo is satisfied that there is no reason why the goods cannot be released for home consumption or warehousing; the Customs officer may, by document or by computer, grant a cargo clearance advice authorising the goods to be so released.". Authority to deal with goods entered under section 114 18. Section 114C of the Principal Act is amended by omitting from subsection (6) "doing duty in relation to export entries". Goods to be dealt with in accordance with export entry 19. Section 114D of the Principal Act is amended by omitting from paragraph (3)(b) "40AA" and substituting "71E". Rate of import duty 20. Section 132 of the Principal Act is amended by adding at the end the following subsection: "(3) For the purposes of this section, if an entry for home consumption in respect of goods is withdrawn under section 71F and the goods are subsequently entered for warehousing, the entry for home consumption is to be disregarded.". Rebate of duty in respect of diesel fuel used for certain purposes 21. Section 164 of the Principal Act is amended: (a) by inserting after paragraph (d) of the definition of "mining operation" in subsection (7) the following paragraph: "(da) the undertaking: (i) of voyages to or from an Australian port by a ship that is proposed to be, or that is, used wholly or primarily in carrying out northern mining activities within the meaning of this section for the purposes of refitting or repairing the ship or its equipment for, or as a result of, carrying out those activities; or (ii) of trials in connection with such a refit or repair of the ship or its equipment;"; (b) by inserting in subsection (7) the following definition: " 'northern mining activities' means activities associated with or incidental to, the exploration for, or exploitation of, oil or natural gas in waters within the geographical boundaries of 100° east longitude to 140° east longitude and the equator to 30° south latitude;". Payments under protest 22. Section 167 of the Principal Act is amended by inserting in subsection (3A) "at the time of making payment in respect of those goods following an import entry advice under section 71B" after "transmits to Customs". Repeal and substitution of section 197 23. Section 197 of the Principal Act is repealed and the following section is substituted: Power to stop and search vehicles "197.(1) A Customs officer may request the driver of: (a) any carriage in a Customs place; or (b) any carriage carrying goods that are subject to Customs control within the meaning of section 30; or (c) any carriage that a Customs officer reasonably believes to be carrying goods that are subject to Customs control within the meaning of section 30; either to permit the carriage to be searched or both to stop the carriage and to permit it to be searched. "(2) A driver of whom a request is made under subsection (1) must not, without reasonable excuse, refuse or fail to comply with the request. Penalty: $1,000. "(3) A Customs officer may request the driver of a carriage to permit the carriage to be searched, or both to stop the carriage and permit it to be searched, otherwise than in the circumstances referred to in subsection (1), only if the officer has reasonable grounds to suspect: (a) that the carriage has been used, or is being used, in the commission of an offence against this Act; and (b) that the search of the carriage is necessary to prevent a thing in the carriage from being concealed, lost or destroyed; and (c) that the power to search the carriage needs to exercised without a warrant because the circumstances of the case are serious and urgent. "(4) In this section, 'Customs place' means: (a) a port, airport or wharf that is appointed, and the limits of which are fixed, under section 15; or (b) a boarding station that is appointed under section 15; or (c) a place that is appointed under paragraph 17(b); or (d) a place described in a licence for warehousing goods that is granted 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, 1930; Nos 7 and 45, 1934; No. 7, 1935; No. 85, 1936; No. 54, 1947; No. 45, 1949; No. 56 and 80, 1950; No. 56, 1951; No. 108, 1952; No. 47, 1953; No. 66, 1954; No. 37, 1957; No. 54, 1959; Nos. 42 and 111, 1960; No. 48, 1963; Nos. 29, 82 and 133, 1965; No. 28, 1966; No. 54, 1967; Nos. 14 and 104, 1968; Nos. 12 and 132, 1971; No. 162, 1973; No. 216, 1973 (as amended by No. 20, 1974); Nos. 28 and 120, 1974; Nos. 56, 77 and 107, 1975; Nos. 41, 91 and 174, 1976; No. 154, 1977; Nos. 36 and 183, 1978; Nos. 92, 116, 177 and 180, 1979; Nos. 13, 15 and 110, 1980; Nos. 45, 64, 67, 152 and 157, 1981; Nos. 48, 51, 80, 108, 115 and 137, 1982; No. 81, 1982 (as amended by No. 39, 1983); Nos. 19, 39 and 101, 1983; Nos. 2, 22, 63, 72 and 165, 1984; Nos. 39, 40 and 175, 1985; Nos. 10, 34 and 149, 1986; Nos. 51, 76, 81, 104 and 141, 1987; Nos. 63, 66 and 76, 1988; Nos. 23, 24, 78, 108 and 174, 1989; Nos. 5, 6, 11, 70, 79 and 111, 1990; Nos. 28, 82, 120 and 123, 1991; and Nos. 34, 89 and 104, 1992. 2. No. 38, 1985, as amended. For previous amendments, see Nos. 78 and 107, 1989; No. 5, 1990; and No. 122, 1991. [Minister's second reading speech made in— House of Representatives on 4 November 1992 Senate on 12 November 1992]