Commonwealth of Australia Explanatory Memoranda

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CUSTOMS AMENDMENT (SERIOUS DRUGS DETECTION) BILL 2011

                                  2010-2011








               THE PARLIAMENT OF THE COMMONWEALTH OF AUSTRALIA





                                   SENATE













            CUSTOMS AMENDMENT (SERIOUS DRUGS DETECTION) BILL 2011










                    SUPPLEMENTARY EXPLANATORY MEMORANDUM


            (Amendments to be moved on behalf of the Government)














         (Circulated by authority of the Minister for Home Affairs,
                     the Honourable Brendan O'Connor MP)





CUSTOMS AMENDMENT (Serious Drugs Detection) BILL 2011


OUTLINE


The purpose of these amendments is to address an issue raised by the Senate
Standing Committee for the Scrutiny of Bills (the Committee).


The Explanatory Memorandum to the Bill states that if procured technology
has a broader scan capability that that which is required for the purposes
of carrying out an internal non-medical scan, the equipment will be
configured so as to limit the scan capability to internal cavities within a
skeletal structure, when carrying out an internal non-medical scan.


The Committee has recommended that this limitation to the capability of the
technology be expressly included in the primary legislation.


It is proposed to amend the Bill so as to provide that equipment prescribed
for the purposes of this new scan must be configured so that the
equipment's use, when carrying out an internal non-medical scan, is limited
to that which is necessary to produce an indication that a person is or may
be internally concealing a suspicious substance.


FINANCIAL IMPACT STATEMENT


These amendments have no financial impact.



CUSTOMS AMENDMENT (Serious drugs deteCTion) BILL 2011


NOTES ON AMENDMENTS


Amendment (1)


Amendment 1 inserts a new subsection (2A) into Schedule 1, after new
subsection 219ZAB(2) of the Customs Act 1901 (the Act).


New subsection 219ZAB(2A) will provide that any equipment prescribed under
subsection (2) must be configured so that the equipment's use, when
carrying out an internal non-medical scan, is limited to that which is
necessary to produce an indication that a person is or may be internally
concealing a suspicious substance.


This will ensure that the equipment will only be used for the purpose under
the Act for which it is procured, namely, to carry out an internal non-
medical scan, of internal cavities within a skeletal structure.