Customs Point-in-Time Service Updates

The Customs Point-in-Time Service has been updated to include the Crimes and Other Legislation Amendment (Omnibus No. 2) Act 2023 (Cth) (Act 98 of 2023).

Act 98 of 2023

This Act amends the Crimes Act 1914 (Cth) (the Crimes Act) and the Criminal Code Act 1995 (Cth) (the Criminal Code) to update, improve and clarify the intended operation of key provisions. It also makes consequential amendments to the Customs Act 1901 (Cth) and the Defence Force Discipline Act 1982 (Cth). 

Schedule 1 to the Act amends Part 1B and Part 1D of the Crimes Act to clarify the Attorney-General’s duty in relation to consideration or reconsideration of making or refusing to make a parole order after the non-parole period has ended, and related consequential amendments. This will address circumstances where it is not possible for a parole decision to be made by the Attorney-General prior to the end of a non-parole period, such as where the non-parole period is reduced on appeal.

Schedule 2 to the Act amends the Criminal Code to ensure the relevant regulation-making powers are capable of listing known and emerging substances in the Criminal Code Regulations 2019 in a consistent manner. This will ensure that substances can still be imported for legitimate use, while better enabling agencies to disrupt the supply and manufacture of illicit drugs and precursors in Australia.

Schedule 3 to the Act retrospectively confirms the validity of all things done in reliance on, or in relation to, an authorisation given, or a determination made by the Australian Criminal Intelligence Commission (ACIC) Board on or after 4 September 2013 authorising a special ACIC operation or special ACIC investigation. This will also have the effect of validating any further derivative uses of any information or intelligence obtained by the ACIC in reliance on these authorisations and determinations.

These amendments have been updated in the Point-in-Time Customs Service current to 7 December 2023. (NB: subscription required).

If you are not already a subscriber to this or other Point-in-Time Services then please contact us to find out more or to take a free trial.