Footnotes

CHAPTER 1 - PURPOSE OF THE BILL AND KEY ISSUES

[1]        House of Representatives, Votes and Proceedings, No. 145–28 November 2012, pp 2002-2003.

[2]        Senate, Journals of the Senate, No. 129–29 November 2012, pp 3480-3481.

[3]        Explanatory Memorandum (EM), p. 2.

[4]        EM, p. 2.

[5]        Australian Customs and Border Protection Notice No. 2012/53, Customs Amendment (Miscellaneous Measures) Bill 2012 Exposure Draft, available at: http://www.customs.gov.au/notices/acn/default.asp (accessed 25 February 2013).

[6]        Submission 2, p. 6.

[7]        Proposed new subsection 233BABAE(3) of the Customs Act 1901 (Cth) (Customs Act).

[8]        House of Representatives Hansard, 28 November 2012, p. 13667.

[9]        As the 'restricted goods' being brought into Australia are not being imported, the Commonwealth cannot rely on the Trade and Commerce provision in subsection 51(i) of the Constitution. The Commonwealth is relying on the external affairs power in subsection 51(xxix) of the Constitution on the grounds of domestic implementation of international treaty obligations, and matters of international concern: EM, p. 7.

[10]      Submission 2, p. 2. The EM explains that, although child pornography and child abuse material is a prohibited import, when detected in the personal effects of ship crew, as the material is not intended to be imported it is not considered to have 'landed, or intended to be landed, in Australia' so cannot be seized as a prohibited import: EM, p. 6.

[11]      Australian Customs and Border Protection Service, Submission 2, p. 2.

[12]      Australian Customs and Border Protection Service, Submission 2, p. 2. 

[13]      'Special forfeited goods' can be seized by Customs without the need for a warrant at a Customs place: EM, p. 6.

[14]      EM, p. 7; Australian Customs and Border Protection Service, Submission 2, p. 2.

[15]      EM, p. 6. Proposed new subsection 233BABAE(3) of the Customs Act provides that the person will not be subject to an offence if they have brought the goods into Australia 'in accordance with a written permission given by the Minister'.

[16]      Proposed new subsection 233BABAE(1) of the Customs Act.

[17]      EM, p. 6.

[18]      EM, p. 2 and pp 6-18.

[19]      Submission 1, p. 2.

[20]      Submission 1, pp 2 and 3.

[21]      Submission 1, p. 3.

[22]      Submission 1, pp 3-4.

[23]      Submission 1, pp 4-6.

[24]      Submission 1, p. 6.

[25]      Submission 1, p. 8.

[26]      Australian Customs and Border Protection Service, answer to written question on notice, received 28 February 2013, p. 1.

[27]      Australian Customs and Border Protection Service, answer to written question on notice, received 28 February 2013, p. 1.