Update to Customs Infringement Notice Scheme and Monitoring

The Australian Customs and Border Protection Service (ACBP) has released an Exposure Draft of the Customs Amendment (Infringement Notice) Regulations 2013 and associated Draft Infringement Notice Scheme Guide (INSG) for industry comment (ACN 2013/52).

The INSG explains ACBP’s approach to issuing an Infringement Notice. Section 9 of the Guide lists the penalty amounts for a natural person and a body corporate payable under the Infringement Notice Scheme for each offence in the scheme which has been increased dramatically.

While the types of errors and terms have been expanded in regards to False or misleading statements resulting in a loss of duty or no loss of duty Under S 243U(1) and S 243T(1),  Some key points we would like to bring to our Customers attention are

  • S 181(5) – A person other than the owner or under the provision acts on behalf of the owner, does or represents he or she is able to do any act or thing in relation to the goods that is required or permitted to be done by the owner – customs brokers may be obliged to carry out functions and/or duties as instructed to do so by the ACBP without consultation with the owner.
  • S240AB(3),(3A) and (7) – Failure of a person to keep a communication to Customs for the specific period – this includes electronic communications from in-house clearance systems and the reliance on customs brokers computer systems to ensure data is secured and accessible.

In previous communication we have also advised and updated on Customs policy in regards to the use of complete and correct Documentation for clearance purpose ( ACN2013/46). In addition the scope of our obligations as a Licence Holder under the Customs Act have been extended (ACN2012/73) to include alerting Customs to any possible behaviour or action which may be of concern to them. Joining these with the proposed amendments currently drafted for the INSG, we feel this should serve as a reminder to all stakeholders of ACBP’s commitment to ensure industry compliance.