The Border (Customs, Excise, and Tariff) Processing Bill was introduced to the House today by Customs Minister Maurice Williamson. The Omnibus Bill amends the Customs and Excise Act 1996 and the Tariff Act 1988 and makes consequential amendments to the Goods and Services Tax Act 1985, the Finance Act 1993 (No 2), and the Finance Act 1995 (No 2).
The amendments are to make improvements in the processing and administration of goods and people required under these interrelated Acts. The majority of amendments relate to border processing and administration by facilitating New Zealand’s international commitments or the use of new technology, while other amendments improve border processing or administration generally.
Mr Williamson says “This Government recently announced that low-risk Australian and New Zealand passport-holders will enjoy a faster, more stream-lined exit through border processes at Auckland, Wellington and Christchurch Airports.”
As part of this, automated processing through the ‘SmartGate’ system will become an option for travellers holding either an Australian or New Zealand ePassport. In reviewing the Act and taking SmartGate in to account, Customs officials have identified potential amendments relating to passenger interaction with the clearance process. These amendments are relatively minor; the focus of the amendments is to ensure that automated systems can be used in place of Customs officers.
“The effect of these amendments is to support the use of automated processing systems at the border,” says Mr Williamson. “Something which will benefit the travelling public and contribute to the Government’s objectives to improve the border crossing experience for trans-Tasman travellers.
“SmartGate will enhance the role of Customs officers at the border as frontline Customs officers can be redeployed to the secondary line where intervention with high-risk passengers occurs. I want to emphasize that Smartgate cannot, and will not, be a substitute for the observation skills and vigilance employed by trained Customs officers at the border,” says Mr Williamson.
Six amendments are included in the Bill to clarify and enhance the Customs and Excise Act, especially in relation to strengthening Customs’ law enforcement capability. The amendments:
- enable Customs officers to search a vehicle, whether it is being operated or is unattended, and the ability to use reasonable force to gain entry to effect the search of the vehicle
- create a power to arrest any person committing an offence punishable by imprisonment under the Act, whether or not that person is on a craft
- provide that duty on goods manufactured other than in a manufacturing area becomes due immediately upon the manufacture of the goods
- create a new offence of making a false allegation or report to Customs that an offence has been committed knowing that the statements are not true, or making statements with intention of wasting or diverting personnel or resources
- enable Customs to utilise future technology in those provisions that relate to the detection of tampering or interference with goods containers or packages
- provide Customs with the ability to require payment of debts within the 20 day time period where Customs receives advance warning that the company has a dubious financial situation and payment by the due date is unlikely.
The Bill also includes eight minor amendments to the Act aimed at addressing legislative gaps and uncertainties.
A copy of the Bill and associated Regulatory Impact Statement is available on this website. For information on how to make a submission on the Bill visit:
www.parliament.nz/en-NZ/PB/SC/MakeSub/