Did you hear the one about ...

We are aware that a significant number of Licensed Customs Brokers and Customs Consultants are wary of compliance with the recently introduced Additional Condition 2 which has been placed on Customs Broker Licences. 

This condition was first publicised in Australian Customs and Border Protection Notice 2012/29, which was followed by Guidance to Customs Brokers in Australian Customs and Border Protection Notice 2012/43.

The concerns held by Brokers and Customs Consultants we have spoken with include:

(i) The commercial ramifications that they will experience and/or suffer if the written particulars that they provide to Customs and Border Protection are ultimately found to be incorrect;

(ii) The negative impact on the commercial relationship with the client, once a client becomes aware that the Broker or Consultant whom they trusted has "dobbed" them in to Customs for what may be a minor breach;

(iii) The perception that forwarding written particulars to the generic email address compliance1@customs.gov.au does not guarantee that the information will be dealt with confidentially, as required by section 16 of the Customs Administration Act. One such concern is that if this generic email address was used to practice Customs Watch in relation to making reports of suspected or actual drug trafficking or other criminal activity,  a leakage of the source of the information provided by email could lead to ramifications for an informant or their family, which a potential informant would not be prepared to risk; and

(iv) The erroneously held view that information provided to Customs Brokers as "Commercial in Confidence" should not be disclosed without the authority of the principal whose information it is. Many Brokers mistakenly believe that they enjoy professional privilege over information provided to them by clients. Unfortunately for those who hold this view, no such privilege applies to Customs Brokers, so any differences between the truth and the information declared to Customs and Border Protection should be notified to Customs and Border Protection to protect the integrity of the licencee.

It is unfortunate that concealing a crime is a criminal offence, so in addition to Licenced Customs Brokers and Customs Consultants being exposed to commercial ramifications, they are also faced with the possibility of committing a criminal offence, if they do not report suspected criminal activity, such as defrauding the revenue or dealings in drugs or other criminal activity.

There will naturally be situations where Licenced Customs Brokers or Customs Consultants will have no hesitation in sending a written notification to Customs and Border Protection.

That will not always be the case, and where important information is not notified to Customs and Border Protection, a licence which allows Brokers to make their income may be taken and people may also face a charge of committing a criminal offence.

We have devised a simple and inexpensive method for dealing with situations where a concern or conflict arises, in regard to notifying Customs and Border Protection of your knowledge or your suspicions.

Our suggestion:

We are sympathetic to the concerns of Licenced Customs Brokers  and Customs Consultants which we have outlined above. We are also concerned that the integrity of our Border and Customs Barrier be maintained.

In summary: 

(A) The prospects of suffering commercial ramifications versus potential loss of licence and criminal charges is not an appealing choice; and

(B) The incorrect or non reporting of important information impacts negatively on the integrity of our Border and our Customs Barrier.

While our solution to the situations described in (A) and (B)  falls outside our usual approach to operating our practice, we believe that our approach is justified in these circumstances.

Our approach has the capacity to protect the integrity of our Border and the livelihoods of those Brokers and Consultants, who are caught in a quandry which could have expensive ramifications on several fronts. 

As such, we offer as A FREE SERVICE, to use the established channels we have developed within Customs and Border Protection, to make written notifications on your behalf.

This will be done in such a way that your identity is protected.

If you are ultimately questioned as to whether or not you provided or concealed or misrepresented material information, we expect that our relationship will operate as your shield from prosecution or against having your licence suspended or cancelled.

John Law

"Our Industry Experience, makes the difference"

Bennelong Legal

Bennelong Legal (in The Shire)

Central Coast Lawyers

Down Under Legal

Down Under Trade Group

mediating LATERAL Solutions -

Dispute Resolution without Litigation

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