Work commenced in October 2014 on the Post Implementation Review for the
Customs and AusCheck Legislation Amendment (Organised Crime and Other Measures) Act 2013, also known as the Organised Crime Act. As a result of the submissions received from industry, we are commencing a broader review of the implementation of the Organised Crime Act. It is important to note that the Act itself is not being reviewed, rather the policies and guidelines that underpin its implementation.
The review will not seek to dilute the requirements of the Organised Crime Act, however will aim to ensure consistent application of the Act across Australia. This review will inform the final Post Implementation Review report. We are in the initial scoping stages of the review.
This page will be updated with further information on this review. For any enquiries, contact
Background to the Organised Crime Act
The Organised Crime Act received Royal Assent on 28 May 2013. The amendments to the Customs Act seek to strengthen the cargo supply chain against infiltration by:
- Placing statutory obligations on cargo terminal operators and those that load and unload cargo, which are similar to those that the Customs Act imposes on holders of depot and warehouses licences. These obligations include mandatory reporting of unlawful activity, ensuring the physical security of relevant premises and cargo, and fit and proper person checks on management at the Department's request. Non-compliance will attract criminal or administrative sanctions.
- Creating new offences for using information from the Integrated Cargo System (ICS) to aid criminal organisations and provide the Comptroller-General of Customs with the option to consider the suspension, refusal or cancellation of an Aviation or Maritime Security Identification Card (ASIC/MSIC) when determining whether the person is fit or proper under the Customs Act.
- Aligning aspects of the Customs broker licensing scheme with that of depots and warehouses including providing the Comptroller-General of Customs with the power to impose new licence conditions at any time and making it an offence to breach certain licence conditions.
- Adjusting other controls and sanctions in the Customs Act, including increasing penalties for certain liability offences and the offences in section 234 and improving the effectiveness of the Infringement Notice Scheme.
The amendments to the AusCheck Act:
- Give AusCheck the capacity to suspend a person’s ASIC or MSIC or the processing of an application for an ASIC or MSIC, if the person is charged with a serious offence. This amendment will aim to build on the existing ability to suspend a person’s ASIC or MSIC where the holder is convicted of an aviation or maritime security relevant offence but has not yet been sentenced.
- Require ASIC or MSIC holders and applicants to notify AusCheck or their issuing body if they have been charged with a serious offence. There will be penalties for failure to notify AusCheck. Law enforcement agencies would also be able to notify AusCheck when they charge the holder of, or applicant for, an ASIC or MSIC with a serious offence.