Australia – Exposure Draft of Customs Amendment (Infringement Notices) regulation 2013

On 18 October 2013, Australian Customs and Border Protection Notice 2013/52 was issued which announces the release of an exposure draft of the Customs Amendment (Infringement Notices) Regulation 2013 and associated draft Infringement Notice Scheme Guide for industry comment.

Section 243X of the Customs Act provides a regulation making power to establish an infringement notice scheme. The Customs Act also sets out the maximum amount payable under an infringement notice and specifies that an infringement notice can only apply in lieu of prosecution for a strict or absolute liability offence contained in the Act.

Key aspects of the infringement notice scheme contained in the draft Customs Amendment (Infringement Notices) Regulation 2013 include:

• when an infringement notice can be issued
• the offences for which an infringement notice may be issued
• what matters must be included in an infringement notice
• the process for seeking a withdrawal of an infringement notice, and
• the process for seeking to extend the period for payment of the penalty.

The Infringement Notice Scheme Guide explains ACBPS’s approach to issuing an infringement notice. Section 9 of the Guide lists the penalty amounts for a natural person and a body corporate payable under the Infringement Notice Scheme for each offence in the scheme.

The closing date for submissions is 8 November 2013.