Footnotes
[1] Australian Customs Service, Submission 1, p. 2.
[2] Minister for Fisheries, Forestry and Conservation,
Senate Hansard, 21 June 2006, p. 1.
[3] Senate
Hansard, 21 June 2006, p. 1.
[4] Australian Customs Service, Submission 1, p. 2.
[5] Submission
1A, p. 2.
[6] p. 5.
[7] p. 5.
[8] p. 6.
[9] EM, p. 7.
[10] EM, p. 7.
[11] A section 234AA place is an area at an airport or
a port that is set aside for the questioning of passengers and the examination
of their personal baggage. According to the EM, most minor contraventions of
the PI Regulations occur at airports and ports: p. 8.
[12] Note that the scheme does not extend to dutiable
goods: Australian Customs Service, Submission
1, p. 2.
[13] Submission
1A, p. 4.
[14] Submission
1, p. 2.
[15] p. 7.
[16] p. 7.
[17] p. 8.
[18] pp 8-9.
[19] p. 9.
[20] p. 9.
[21] p. 10.
[22] p. 10.
[23] p. 11.
[24] p. 11.
[25] EM, p. 13.
[26] EM, p. 13.
[27] EM, p. 13.
[28] A Collector of Customs is a reference to the CEO,
the Regional Director for a state or territory, or any officer doing duty in
the matter in relation to which the expression is used: Customs Act 1901, para 8(1)(a).
[29] p. 16.
[30] p. 17.
[31] p. 18.
[32] EM, p. 18.
[33] p. 19.
[34] Submission
1, p. 3.
[35] Submission
1, p. 3.
[36] Submission
1, p. 3.
[37] Submission
1, p. 3.
[38] Submission
1, p. 3.
[39] For example, if a passenger fails to declare a
prohibited import on an IPC, he or she will be taken to have 'concealed' that
prohibited item from Customs.
[40] Submission
1, p. 3.
[41] p. 30.
[42] p. 30.
[43] p. 31.
[44] See, for example, Senate Legal and Constitutional
Legislation Committee, Provisions of the
Customs Legislation Amendment (Border Compliance and Other Measures) Bill 2006,
May 2006, p. 17.
[45] Submission
2, p. 2.
[46] Submission
2, p. 1.
[47] Submission
2, pp 1-2. The Law Council again noted
that this view is shared by other organisations and bodies such as the Customs
Brokers & Forwarders Council of Australia, the Australian Law Reform
Commission and the House of Representatives Standing Committee on Legal and
Constitutional Affairs.
[48] Submission
2, p. 2; see also Senate Legal and Constitutional Legislation Committee, Provisions of the Customs Legislation
Amendment (Border Compliance and Other Measures) Bill 2006, May 2006, pp
17-18.
[49] Submission
2, p. 2
[50] Submission
2, p. 2.
[51] Submission
2, p. 2.
[52] Senate Legal and Constitutional Legislation
Committee, Provisions of the Customs
Legislation Amendment (Border Compliance and Other Measures) Bill 2006, May
2006, p. 18.
[53] Submission
2, p. 3.
[54] Submission
2, p. 3.
[55] Submission
2, p. 3.
[56] Submission
2, p. 3.
[57] Submission
2, p. 3.
[58] Submission
1A, p. 1.
[59] Submission
1A, p. 1.
[60] Submission
1A, p. 2.
[61] Submission
1A, p. 2.
[62] Australian Law Reform Commission, Report 95, Principled Regulation: Federal Civil and
Administrative Penalties in Australia, 2002, http://www.austlii.edu.au/au/other/alrc/publications/reports/95
(accessed 26 July 2006).
[63] Submission
1A, p. 2.
[64] Submission
1A, p. 2.
[65] Submission
1A, p. 2.
[66] Submission
1A, p. 3.
[67] Submission
1A, p. 3.
[68] Submission
1A, p. 3.
[69] Submission
1A, p. 3.
[70] See para 2.27 above.
[71] Submission
2, p. 4.
[72] Submission
2, p. 4.
[73] See para 2.33 above.
[74] Submission
2, pp 4-5.
[75] Submission
1A, p. 3.
[76] For a detailed description of section 209P, see
para 2.28.
[77] Submission
2, p. 5.
[78] Submission
2, p. 5.
[79] Submission
1A, p. 3.
[80] Submission
1A, p. 3.
[81] Submission
2, p. 5.
[82] Submission
2, p. 5.
[83] The Law Council noted that infringement notices
in relation to other types of offences were introduced as part of the Trade
Modernisation Legislation; the Law Council's comments about the adoption of
infringement notices in the context of the Trade Modernisation Legislation are
also endorsed for the purposes of the current Bill: Submission 2, p. 6.
[84] Submission
2, p. 6.
[85] Submission
1A, p. 4.
[86] Submission
2, p. 6.
[87] Submission
1A, p. 4.
[88] Submission
2, p. 6.
[89] Submission
2, p. 6.
[90] Australian Law Reform Commission, Report 95, Principled Regulation: Federal Civil and
Administrative Penalties in Australia, 2002, http://www.austlii.edu.au/au/other/alrc/publications/reports/95
(accessed 26 July 2006).
[91] See further Australian Law Reform Commission,
Report 95, Principled Regulation: Federal
Civil and Administrative Penalties in Australia, 2002 at http://www.austlii.edu.au/au/other/alrc/publications/reports/95/12.Infringement_notices.html#heading13
(accessed 26 July 2006).
[92] Submission
2, p. 6.
[93] Submission
2, p. 7.
[94] Submission
1A, p. 4.
[95] Submission
2, p. 7.
[96] Submission
1A, p. 4.
[97] Submission
2, p. 7.
[98] Submission 1A, p. 5.
[99] Australian Customs Service, Answers to Questions
on Notice, Question No. 3.
[100] Australian Customs Service, Submission 1, p. 1.
[101] Australian Customs Service, Answers to Questions
on Notice, Question No. 39.
[102] Australian
Customs Service, Answers to Questions on Notice, Question No. 4.