Clare O'Neil
O'Neil supports the bill and says it is a sensible, overdue update that will modernise customs licensing, cut red tape, and strengthen border integrity.
Read in Hansard ↗This bill became law on Sep 5th, 2024.
Immigration, border & security
Once the relevant provisions commence, businesses will be able to apply for customs depot, warehouse and broker licences online, with required documents and fees submitted electronically instead of relying on paper forms.
Operation JARDENAAn ABF operation that exposed weaknesses in the supply chain and helped justify the tighter licensing and integrity checks in this bill. exposed supply chain vulnerabilities and the customs licensing system still relied on outdated, paper-heavy processes that limited checks on who was fit to hold a licence. The bill digitises licence applications and notices, expands suitability and security-card checks, and gives Customs stronger powers to direct and enforce compliance.
Australia’s customs licensing system for depots, warehouses and brokers was still built around paper forms and fragmented administration even as the government’s Simplified Trade SystemThe government reform agenda this bill is linked to, aimed at making cross-border trade processes simpler, faster and more digital. agenda pushed for faster, cheaper and more secure cross-border trade. In 2024 the bill responded by moving applications and notices online, tightening suitability and security-card checks, and giving Customs clearer compliance powers. Parliament passed it in August, and Royal AssentThe step that turns a passed bill into an Act; for this Act, it commenced sections 1 to 3 but not all substantive schedules immediately. in September made it an Act while the main reform schedules remained subject to commencement by Proclamation or fallback.
No significant public case against the bill is recorded so far, and the debate does not show a clear warning that it would cause harm beyond ordinary implementation demands. Speeches from both government and coalition members supported it, and no party represented in the debate opposed the bill or raised substantial drafting, cost or safeguard concerns.
Clare O'Neil MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 05 Sept 2024
Final passage
Passed without a counted vote
Members called out ‘aye’ or ‘no’ — no individual votes were recorded.
Passage speed
71 days
From introduction to the latest recorded parliamentary step
Meaning
Once the relevant provisions commence, businesses will be able to apply for customs depot, warehouse and broker licences online, with required documents and fees submitted electronically instead of relying on paper forms.
Once commenced, Customs will be able to send licence notices by email and other electronic methods, making cancellations, refusals and other decisions faster to deliver to depot and warehouse operators.
The depot licenceA licence needed to operate a customs depot, which is a place used to store and handle goods under customs control. checks will reach beyond the named applicant to people managing or helping run the depot, so Customs can refuse a licence if those people are not considered suitable.
Warehouse operators will be able to be directed to secure goods, provide records, move goods or correct information, and ignoring a lawful direction can lead to financial penalties.
Customs officers will be able to receive AusCheckThe government checking system that provides security-card information to customs officers so they can assess whether a licence holder is suitable. information about a person’s security card being refused, suspended or cancelled, strengthening checks on who is suitable to hold a customs licence.
The Customs Amendment (Strengthening and Modernising Licensing and Other Measures) Bill 2024 (the Bill) amends the Customs Act 1901 (Customs Act) to modernise and strengthen the customs licensing regime and makes amendments to streamline administrative processes including digitisation of forms. The customs licensing regime encompasses depot, warehouse and customs broker’s licences. The Bill also amends the AusCheck Act 2007 to support these reforms by allowing for the disclosure of security identity card information to an officer of Customs for the purposes of the Customs Act.Customs Amendment (Strengthening and Modernising Licensing and Other Measures) explanatory memorandum
These amendments facilitate the electronic giving of notices under Part IVA of the Customs Act by providing for different methods for giving a notice. Notices may now be given, rather than served, by email or any other electronic means to the relevant person, in addition to the existing methods currently provided for under Part IVA.Customs Amendment (Strengthening and Modernising Licensing and Other Measures) explanatory memorandum
This item also provides that a depot licence must not be granted to an individual, partnership or company if a person who would participate in the operations of the depot is not a fit and proper person. As stated above, this expands the scope of operation of the section to encompass any person who would participate in the general operation of the depot. In particular, the person does not need to be present at the proposed depot. The expanded scope reflects the broader risks with the modern supply chain and seeks to be in line with new and emerging threats such as cybercrime where persons can access and influence remotely.Customs Amendment (Strengthening and Modernising Licensing and Other Measures) explanatory memorandum
New subsection 87C(5) provides that it is an offence if a person fails to comply with a direction under subsection 87C(1) or (4). The penalty is 120 penalty units.Customs Amendment (Strengthening and Modernising Licensing and Other Measures) explanatory memorandum
AusCheck scheme personal information is defined under the AusCheck Act as information obtained under or relating to the administration of the AusCheck scheme. The AusCheck scheme itself relates to the conduct and coordination of background checks of individuals. The addition of paragraph (e) will allow the disclosure by AusCheck staff members to an officer of customs of information pertaining to the refusal, cancellation or suspension of a “transport security identification card” held by an individual. This will align the Department of Home Affairs’ fit and proper person checks for the purposes of licensing with that of other agencies.Customs Amendment (Strengthening and Modernising Licensing and Other Measures) explanatory memorandum
Context
Australia’s customs licensing system for depots, warehouses and brokers was still built around paper forms and fragmented administration even as the government’s Simplified Trade SystemThe government reform agenda this bill is linked to, aimed at making cross-border trade processes simpler, faster and more digital. agenda pushed for faster, cheaper and more secure cross-border trade. In 2024 the bill responded by moving applications and notices online, tightening suitability and security-card checks, and giving Customs clearer compliance powers. Parliament passed it in August, and Royal AssentThe step that turns a passed bill into an Act; for this Act, it commenced sections 1 to 3 but not all substantive schedules immediately. in September made it an Act while the main reform schedules remained subject to commencement by Proclamation or fallback.
Government says reforms will help stop criminal infiltration of the supply chain
The explanatory memorandumThe official background paper that explains what the bill changes, why it was introduced and how each clause is meant to work. said the changes would improve the Australian Border ForceThe enforcement arm of Home Affairs that oversees customs compliance and the supply chain risks discussed in this bill.’s ability to manage threats from criminal organisation infiltration in the supply chain.
Customs Amendment (Strengthening and Modernising Licensing and Other Measures) explanatory memorandum ↗Bill proposes digital applications and stronger integrity checks
The explanatory memorandumThe official background paper that explains what the bill changes, why it was introduced and how each clause is meant to work. said the reforms would digitise licence administration, align requirements across licence types and strengthen checks to protect goods under customs control.
Customs Amendment (Strengthening and Modernising Licensing and Other Measures) explanatory memorandum ↗Government ties customs licensing reform to the Simplified Trade SystemThe government reform agenda this bill is linked to, aimed at making cross-border trade processes simpler, faster and more digital. agenda
When the bill was introduced, ministers said it would modernise paper-heavy customs licensing as part of a wider push to make trade processes simpler, cheaper and more effective.
Hansard ↗House passes the bill
The House agreed to the bill at third reading, sending the licensing and enforcement reforms to the Senate.
Parliamentary timeline ↗Parliament passes the bill
Both houses passed the bill in the same form, completing Parliament’s approval of the customs licensing overhaul.
Parliamentary timeline ↗Royal AssentThe step that turns a passed bill into an Act; for this Act, it commenced sections 1 to 3 but not all substantive schedules immediately. given, with main reforms still to commence
Royal AssentThe step that turns a passed bill into an Act; for this Act, it commenced sections 1 to 3 but not all substantive schedules immediately. made the bill an Act, but the main digital licensing, integrity-check and compliance powers commence by Proclamation or fallback rather than all taking effect on 5 September 2024.
Parliamentary timeline ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The bill reached this recorded parliamentary step.
The bill reached this recorded parliamentary step.
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The bill reached this recorded parliamentary step.
Reported from Federation Chamber
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The scrutiny record says the Senate Standing Committee for the Scrutiny of Bills considered the bill in Scrutiny Digest 11 of 2024.
Considered
Collected source bundleThe bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Both houses passed the bill in the same form, completing parliamentary passage.
Finally passed both Houses
The Governor-General gave Royal AssentThe step that turns a passed bill into an Act; for this Act, it commenced sections 1 to 3 but not all substantive schedules immediately., turning the bill into an Act.
Key criticism
No significant public case against the bill is recorded so far, and the debate does not show a clear warning that it would cause harm beyond ordinary implementation demands. Speeches from both government and coalition members supported it, and no party represented in the debate opposed the bill or raised substantial drafting, cost or safeguard concerns.
No significant public case against the bill is recorded so far.
Votes
The bill passed both chambers on the voices, so there is no list of individual Aye and No votes for final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Parliamentary debate
Start here — lead voices
O'Neil supports the bill and says it is a sensible, overdue update that will modernise customs licensing, cut red tape, and strengthen border integrity.
Read in Hansard ↗Tehan says the coalition will support the bill because it reduces red tape, modernises customs licensing, and strengthens integrity and compliance controls.
Read in Hansard ↗Chisholm supports the bill, saying it is a sensible and overdue update to customs licensing that will modernise administration, reduce red tape, and strengthen border integrity.
Read in Hansard ↗Thistlethwaite supports the bill and says it is a sensible, overdue modernisation of customs licensing that will save businesses time and money while strengthening border integrity.
Read in Hansard ↗All speeches by bloc
3 speakers · 3 support
“These Bills represent some sensible and overdue steps to modernise Australia's customs processes.”Read the full speech in Hansard ↗
“These bills represent some sensible and overdue steps to modernise Australia's customs processes.”Read the full speech in Hansard ↗
“The bills represent sensible and overdue steps to modernise Australia's customs processes. They come about as a result of the review of customs licensing regimes that was undertaken many years ago. That review reported on 31 March 2017, so it's taken some time to get this reform to the parliament, and they are long overdue. Many of these reforms will save Australian businesses time and money and will reduce the regulatory burden associated with certain customs processes.”Read the full speech in Hansard ↗
1 speaker · 1 support
“As I've said previously, the coalition is happy to support this legislation. It builds on important work that we did in government, and my hope is that, especially when it comes to the simplified trade system, that very important and hard microeconomic reform work will be continued by the government.”Read the full speech in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Referred to Federation Chamber
Referred to Federation Chamber
The bill reached this recorded parliamentary step.
House · Second reading debate
Second reading debate
The bill reached this recorded parliamentary step.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Reported from Federation Chamber
Reported from Federation Chamber
The bill reached this recorded parliamentary step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Parliament · Finally passed both Houses
Passed both houses
Both houses passed the bill in the same form, completing parliamentary passage.
Assent · Assent
Assent
The Governor-General gave Royal AssentThe step that turns a passed bill into an Act; for this Act, it commenced sections 1 to 3 but not all substantive schedules immediately., turning the bill into an Act.
Senate Standing Committee for the Scrutiny of Bills
Considered
The scrutiny record says the Senate Standing Committee for the Scrutiny of Bills considered the bill in Scrutiny Digest 11 of 2024.
Considered by scrutiny committee (14/Aug/2024): Senate Standing Committee for the Scrutiny of Bills; Scrutiny Digest 11 of 2024
Collected source bundle