Commonwealth Numbered Regulations - Explanatory Statements

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AUSTRALIAN POSTAL CORPORATION AMENDMENT REGULATIONS 2002 (NO. 1) 2002 NO. 260

Statutory Rules 2002 No. 260

Issued with the Authority of the Minister for Communications, Information Technology and the Arts

Australian Postal Corporation Act 1989

Australian Postal Corporation Amendment Regulations 2002 (No. 1)

Section 102 of the Australian Postal Corporation Act 1989 (the Act) provides that the GovernorGeneral may make regulations under the Act.

Section 90T of the Act provides for officers of the Australian Customs Service (Customs) to remove postal articles weighing 25 grams or more that are in the course of post between Australia and a place outside Australia from the normal course of carriage for examination where they reasonably believe that they may contain drugs or other chemical compounds in contravention of importation or exportation laws.

Subsection 90T(7) provides that regulations may be made for the purposes of section 90T that determine the procedure for removing an article from the post for a Customs examination and for the return of the article to the normal course of carriage (that is back into the normal postal stream).

In addition Customs must establish and maintain, in accordance with regulations made for the purposes of section 90T, a record setting out various matters, including the particulars of the article, the particulars of the nature of the examination of the article and its contents, and whether the article was returned to the normal course of carriage or dealt with according to law (subsection 90T(8)). Subsection 90T(9) details what regulations made for the purposes of subsection 90T(8) must specify.

Part 2 of the Australian Postal Corporation Regulations 1996 (the principal regulations) regulate matters relating to articles which have been removed from the normal course of carriage under section 90T of the Act.

The purpose of the accompanying Regulations is to amend the principal regulations to require additional records to be kept where Customs officers remove articles from the post under section 90T of the Act which reflect current Customs practice.

The accompanying Regulations provide that where a postal article is removed from the normal course of carriage by a Customs officer under section 90T of the Act, a record of the name and classification of the following people must be maintained by Customs:

•       the Customs officer who has removed the article from the normal course of carriage (the first customs officer);

•       the second Customs officer, to whom the first Customs officer gives the article and who may open and examine the article if he or she reasonably believes it to contain drugs or other chemical compounds in contravention of importation or exportation laws. The second Customs officer must have a classification higher than the first Customs officer,

•       if the second Customs officer opens the article, another Customs officer (the third Customs officer), in whose presence the second Customs officer must open and examine the article.

In addition, where a postal article is removed from the normal course of carriage and then referred to another agency (such as the Australian Federal Police), the accompanying regulations require Customs to maintain a record of the agency to which the article is referred and of the name and classification of the following people:

•       the Customs officer who refers the article to another agency; and

•       the officer in that agency to whom the article is referred.

These amendments reflect the current practice of Customs which already records this information.

Details of the accompanying Regulations appear in the Attachment.

The accompanying Regulations commence on gazettal.

ATTACHMENT

DETAILS OF THE REGULATIONS

Regulation 1 - Name of Regulations

Regulation 1 provides that the name of the accompanying regulations is the Australian Postal Corporation Amendment Regulations 2002 (No. 1).

Regulation 2 - Commencement

Regulation 2 provides that the accompanying regulations commence on gazettal.

Regulation 3 - Amendment of Australian Postal Corporation Regulations 1996

Regulation 3 provides that Schedule 1 amends the Australian Postal Corporation Regulations 1996.

Schedule 1 -Amendments

Item 1 - Before paragraph 3B(a)

This item amends regulation 3B of the Australian Postal Corporation Regulations 1996 (the regulations). Regulation 3B provides the details that must be recorded in respect of an article that is removed from the normal course of carriage and opened for the purpose of its examination by a Customs officer. It provides the particulars of the nature of the examination of the article and its contents. In addition to the details that are currently required to be recorded under regulation 3B, this amendment will require Customs to record the name and classification of the Customs officers involved in the removal and examination of the article.

Under section 90T of the Act three Customs officers may be involved in the process of removing and examining postal articles. The first Customs officer removes the article from the normal course of carriage and gives it to a second Customs officer who may open and examine the article in the presence of a third Customs officer. The amendment will require Customs to record the, name and classification of these three officers.

It requires Customs to record the name and classification of:

a)       the Customs officer who removes the article from the normal course of carriage under subsection 90T(2) of the Act;

b)       the Customs officer to whom this first Customs officer gives the article under subsection 90T(2) (the second Customs officer);

c)       the Customs officer in whose presence the second Customs officer opens the article under paragraph 90T(3)(c) of the Act (the third Customs officer).

Subsection 90T(3) of the Act requires the second Customs officer (who opens the article) to hold a higher classification than the first Customs officer (who removes the article from the normal course of carriage). This amendment ensures that the record details the classifications of each of these officers.

Item 2 - Paragraph 3B(b)

This item amends paragraph 3B(b) of the regulations. Paragraph 3B(b) provides the details that must be recorded if the article or its contents are referred to an agency other than Customs. This item provides that the record of the referral must include the name and classification of the Customs officer who refers the article, the name of the agency to which the article is referred, and the name and classification of the officer in that agency to whom the article is referred.