Customs and Border Protection is currently implementing changes introduced through the Customs Amendment (Enhanced Border Controls and Other Measures) Act 2009. This new legislation introduces new offences under section 36 of the Customs Act for failing to keep goods safely, and the failure to account for goods. Section 37 identifies how goods are to be accounted for to the satisfaction of an officer of Customs and Border Protection.

An administrative moratorium is in place for these offences, and was due to end on 22 May 2010. However, due to delays in implementing the new legislation, AFIF has been advised that this moratorium has been extended to the end of this financial year or 30 June 2010.

The new legislation has included strict liability versions of these offences, and as such these offences are now also included within the Infringement Notice Scheme (INS) managed by Customs Compliance Assurance Branch. More information will be made available very soon through the release of an Australian Customs Notice (ACN) and through correspondence with all Cargo Terminal Operator's and licensed s77G depots and s79 warehouses.

The introduction of these offences, and the amendments to the INS Guidelines, have been published in the latest versions of the Compliance Update. This publication is available at the following link: http://www.customs.gov.au/site/page4271.asp

Please advise all concerned.

Thanks and regards