Summary heading

Agency descriptive note – CA 9269

Abolition

 The Australian Customs and Border Protection Service was changed to Australian Border Force as from 1 July 2015.  See CA 9531

Creation

The Australian Customs Service was established on 10 June 1985 by subsection 4(1) of the Customs Administration Act 1985. It became responsible to the Minister for Justice and Customs on 21 October 1998 as an agency under the Attorney-General's portfolio.

In the Administrative Arrangement Orders of 3 December 2007, the agency became responsible to the Minister for Home Affairs.

Subject to Chief Executive Officer (CEO) statutory powers, the Attorney-General has overall responsibility for the portfolio and its departments and agencies, including issues affecting the Portfolio Budget. In early Attorney-General's Portfolio Budget Statements, Customs is included in the maintenance of law, order and safety group of agencies.

The Prime Minister, the Hon Kevin Rudd, announced on 4 December 2008, that the Australian Customs Service would be renamed the Department of Customs and Border Protection Service.  Royal Assent was given to the name change on 22 May 2009.

In the Adminstrative Orders of 18 September 2013, the agency came under the responsibility of the Department of Immigration and Border Protection and it was foreshadowed that the agency would become part of the main department from 1 July 2015

Functions and activities

As the Australian Customs Service, the principal functions carried out by the agency were:

• Border protection (ensure the security and integrity of Australia’s borders)
• Facilitate the movement of legitimate travellers and goods across the border
• Collect border-related duties and taxes
• Analyse and coordinate the gathering of intelligence, coordinate surveillance and on-water response, and engage internationally to deter maritime people smugglers
• Undertake investigations
• (The transition of capability will involve the transfer of some responsibilities, functions and resources from the Department of Immigration and Citizenship)
• (Maintenance of law, order & safety)

Authorised officers from the branch may exercise the following powers:

• Examine good subject to customs control
• Question or search persons and search packages, containers, etc for the purpose of customs control
• Patrol coasts, shores, ports, rivers, banks, beaches or railways; seize or impound goods, including animals and plants, suspected of being involved in the contravention of customs and excise laws, and quarantine and other laws;
• require the identification of crew, prevent or arrest illegal immigrants entering Australia or prevent and arrest a deportee leaving a vessel on which he or she has been placed;
• detain ships until light dues are paid;
• Require persons to leave ships and make arrests pursuant to the Navigation Act 1912;
  for the purposes of the Banking (Foreign Exchange) Regulations, question persons leaving Australia and search them for articles in their possession, board vessels to carry out such duties;
• require proof of proper entry of goods subject to customs control; exercise the right of access to licensed warehouses;
  enter, inspect and search premises; search vehicles, ships, aircraft and good for the purposes of the Excise Act 1901;
  in certain circumstances, arrest persons pursuant to the Customs Act 1901:
• for the purposes of the Distillation Act 1901, enter and search the premises; stop and question persons and search goods being conveyed; stop and search vehicles and boats and take samples; examine documents.
  

In the Attorney-General’s Portfolio Budget Statements for 2009-2010, the principal functions of the agency are described in similar terms, although the renaming of the Australian Customs Service to the Australian Customs and Border Protection Service, announced in December 2008, reflected the transfer to Customs and Border Protection from the Department of Immigration and Citizenship of some activities relating to the rise in people-smuggling by sea.  Royal Assent was given to the name change on the 22 May 2009 following the announcement by the Minister in the House of Representatives on 12 March 2009, and in the Senate on 20 March 2009.  The increased facility to address people-smuggling operations permits the Australian Customs and Border Protection Service to play a leading role in deterring people-smuggling from source countries to Australian shores.

Legislation administered

Prior to the amendments made by Royal Assent on 22 May 2009, the following legislation was administered by the Australian Customs Service:

Customs Tariff Act 1995
Commerce (Trade Descriptions) Act 1905
Copyright Act 1968
Trade Marks Act 1995
Customs Regulations 1926
Customs (Prohibited Exports) Regulations 1958
Customs (Prohibited Imports) Regulations 1956
Commerce (Imports) Regulations 1940

The following amendments were made by Royal Assent on the 22 May 2009 to the following legislation:

ACIS Administration Act 1999
Air Services Act 1995
A New tax System (Goods and Services Tax) Act 1999
A New Tax System (WindeEqualisation Tax) Act 1999
Anti-Money Laundering and Counter-Terrorism Financing Act 2006
Customs Administration Act 1985
Australian Crime Commission Act 2002
Australian Nuclear Science and Technology Organisation Act 1987
Australian Postal Corporation Act 1989
Australian Sports Anti-Doping Authority Act 2006
Civil Aviation Act 1988
Crimes Act 1914
Criminal Code Act 1995
Environment Protection (Sea Dumping) Act 1981)
Evidence Act 1995
Excise Act 1901
Fisheries Management Act 1991
Hazardous Waster (Regulation of Exports and Imports) Act 1989
Horticulture Marketing and Research and Development Services Act 2000
Imported Food Control Act 1992
Maritime Transport and offshore Facilities Security Act 2003
Migration Act 1958
National Health Act 1953
Privacy Act 1988

The following legislation was invoked on 22 May 2009 in connection with the name change from the Australian Customs Service to the Department of Customs and Border Protection:

Customs Legislation Amendment (Name Change) Act 2009

Administrative structure

The Attorney-General has overall responsibility for the portfolio and its departments and agencies, including issues affecting the Portfolio Budget.  The following is a list of the Attorneys-General since the inception of the Australian Customs Service in 1985:

1984 – 1990                Hon Lionel Bowen
1990 – 1993                Hon Michael Duffy
1993 - 1993                 Hon Duncan Kerr
1993 – 1996                Hon Michael Lavarch
1996 – 2003                Hon Daryl Williams
2003 – 2007                Hon Philip Ruddock
2007 -                          Hon Robert McClelland

From 1998 until 2007, the Australian Customs Service reported to the Minister for Justice and Customs.  The following is a list of Ministers from 1998 until 3 December 2007:

21 Oct 1998 – 30 Jan 2001                 Hon Amanda Vanstone
30 Jan 2001 – 9 Mar 2007                   Hon Chris Ellison
9 Mar 2007 – 3 Dec 2007                   Hon David Johnston

Following the Administrative Arrangements Order of 3 December 2007, announced in the Commonwealth of Australia Gazette (Special) No S248, the Department was no longer responsible to the Minister for Justice and Customs but to the Minister for Home Affairs.  The following is a list of Ministers from 2007:

3 Dec 2007 – 10 Jun 2009                   Hon Robert John Debus
10 Jun 2009 -                           Hon Brendan Patrick O’Connor

The notification of the Hon Brendan Patrick O’Connor as the Minister for Home Affairs was announced in Commonwealth of Australia Gazette (Special) No S102 of 10 June 2009. 

The Secretaries of the Department of the Attorney-General have been:

Sept 2008 -                                          Hon Roger Williams AO

(Earlier Secretaries to be advised)

The Chief Executive Officers of the Australian Customs Service and the Department of Customs and Border Protection have been:

1 Jan 2006 -                                         Michael Carmody AO

(Earlier CEOs to be advised)

Historical agency address

Customs House
1010 LaTrobe Street
MELBOURNE DOCKLANDS VIC

State/regional structure

Customs national office is in Canberra however the Department also has offices located in each state and territory through out Australia including regional areas.

Melbourne – Regional Head Office
Customs House
1010 La Trobe Street
Melbourne Docklands VIC

Portland
Customs House
1 Cliff Street
Portland VIC 3305

Geelong
Corio Quay West
Corio Quay Road
North Shore VIC 3214

Records created by the agency

Additional information

End notes

Sources

1. Commonwealth of Australia Gazette (Special), No S248, 3 December 2007.
2. Commonwealth of Australia Gazette (Special), No S102, 10 June 2009.
3. Department of Customs and Border Protection website, http://www.customs.gov.au/, accessed on 15 July 2009.
4. Australian Parliamentary website, http://www.aph.gov.au/, accessed on 15 July 2009.
5. Department of Customs and Border Protection, National Office, by email, on 12 June 2009.