EXPLANATORY STATEMENT

 

Select Legislative Instrument 2009 No. 255

 

Issued by the Authority of the Minister for Home Affairs

Customs Act 1901

Customs Amendment Regulations 2009 (No. 5)

 

Section 270 of the Customs Act 1901 (the Customs Act) provides, in part, that the Governor‑General may make regulations not inconsistent with the Act prescribing all matters which by the Act are required or permitted to be prescribed, or as may be necessary or convenient to be prescribed, for giving effect to the Act.

The Customs Act gives certain law enforcement powers to the commanders of Commonwealth aircrafts including the ability to request another pilot to land his or her aircraft and to commence or take over the chase of a ship or aircraft. The term 'Commonwealth aircraft' is defined in section 4 of the Customs Act to mean "an aircraft that is in the service of the Commonwealth and displaying the prescribed ensign or prescribed insignia".

Regulation 1C of the Customs Regulations 1926 (the Principal Regulations) prescribes for the purposes of the definition of 'Commonwealth aircraft' in section 4, the ensign and insignia that an aircraft must display in order to be a 'Commonwealth aircraft' for the purposes of the Customs Act. Separate insignia are prescribed for an aircraft in the service of Customs and for an aircraft in the service of the Australian Defence Force (ADF).

Paragraph 1C(d) of the Principal Regulations prescribed the insignia for aircraft in the service of the ADF as: "a disc that displays, within a blue rim the inner diameter of which is two-thirds of the diameter of the disc, a red silhouette of a kangaroo on a white background".

As the colour scheme prescribed in paragraph 1C(d) is not displayed on all ADF aircraft (some ADF aircraft have the insignia in black and grey for operational reasons), the amending Regulations update the insignia prescribed for aircraft in the service of the ADF.

The amending Regulations prescribe, as the insignia for an aircraft in the service of the ADF, the Australian Air Force roundel (displayed in any colour or combination of colours) which forms part of the flag that is appointed under section 5 of the Flags Act 1953 (Flags Act). Section 5 of the Flags Act permits the Governor-General, by Proclamation, to appoint other flags and ensigns of Australia that he or she thinks fit.

No consultation was undertaken specifically in relation to the amending Regulations as they are of a minor or machinery nature and do not substantially alter existing arrangements.

The amending Regulations commence on the day after they are registered on the Federal Register of Legislative Instruments.

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