Introduction of Customs Licensing Amendments - Bills introduced into Parliament

Wednesday, June 26, 2024

The Hon Clare O'Neil MP (Minister for Home Affairs) has introduced the Customs Amendment (Strengthening and Modernising Licensing and Other Measures) Bill 2024 and the Customs Licensing Charges Amendment Bill 2024 into Parliament earlier today.

The amendments outlined in the Bills follow extensive industry engagement by the Australian Border Force (ABF) with a focus to modernise and strengthen the customs licensing regime and digitise certain customs processes. These measures form part of the Simplified Trade System (STS) reforms announced in MYEFO 2023-24, which aim to deliver simpler and better aligned rules for cross-border trade.
 
The Bills and related explanatory memoranda are publicly available as follows: A summary of proposed legislative changes include:
  • enables the digital transformation of depot, warehouse and customs broker's forms through permitting electronic applications in respect of licences;
  • modernises provisions in respect of serving notices for the customs licencing regime;
  • modernises the publishing of notices by the Comptroller-General of Customs;
  • streamlines the disciplinary and licence cancellation process for licensed customs brokers;
  • removes restrictions on the eligibility of contractors to be a nominee of a customs broker that is a company or a partnership;
  • facilitates the disclosure of information by AusCheck for a purpose or function under the Customs Act;
  • strengthens the fit and proper person test in the customs licensing regime including updating and ensuring that 'management or control' has the same meaning with regards to depots and warehouses;
  • strengthens the criteria for the grant and cancellation of depot and warehouse licences;
  • and strengthens integrity controls such as by extending the powers of authorised Australian Border Force (ABF) officers to give directions to persons operating in a customs licensed place and matters relating to the conditions attached to depot and warehouse licences;
  • streamlines and strengthens licence fee compliance by aligning payment and renewal requirements and enhancing suspension and cancellation provisions for non-payments;
  • facilitates the surrender of a licence upon request and removes the requirement to return or surrender licences after, or when they are in the process, of being cancelled;
  • provides for the refund of licence charges only where the licence has been voluntarily surrendered;
  • enables digitised forms relating to the loading, unloading and use of aircraft's and ship's stores and for these stores to be taken on board an aircraft or ship;
  • enables digitised forms relating to claims for the return of seized goods; and
  • makes amendments in respect of provisions for warehouses licenced under Part V of the Customs Act, and which are contingent on the commencement of the Excise and Customs Legislation Amendment (Streamlining Administration) Act 2024 which updates the drafting of those provisions.
Freight & Trade Alliance (FTA) sees merit in the proposed changes which largely aligns with member feedback and translated into formal submissions. FTA will keep members up to date as the Bills progress through the parliamentary process. 

Paul Zalai - Director FTA | Secretariat APSA | Director GSF