Annex: Administration of Commerce (Trade Descriptions) Act 1905


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​​1. Status

  1. This Annex is made in accordance with clause 10 of the Memorandum of Understanding (Memorandum) between the Australian Customs and Border Protection Service (Customs and Border Protection) and the Department of Agriculture, Fisheries and Forestry (DAFF).
    1. not intending to create any legally binding obligations; and
    2. an opportunity to ensure that there is a nationally consistent approach to their working relationship on specific matters outlined in this Annex.
  2. The Parties view this Annex as:

2. Objectives

  1. This Annex sets out the governing principles for the Parties to:
    1. facilitate work practices between the agencies to support Customs and Border Protection’s administration and enforcement of the Commerce (Trade Descriptions) Act 1905 (CTDA);
    2. provide a framework for a collaborative approach to the provision of advice between Customs and Border Protection and DAFF about products that are of interest in relation to the CTDA; and
    3. promote cooperative arrangements which enhance DAFF’s ability to assist Customs and Border Protection in the administration of the CTDA.

3. Key Principles

  1. The Memorandum and this Annex provide the basis for the collaborative working relationship between the two agencies in relation to the CTDA.
  2. Customs and Border Protection has the responsibility for administering the CTDA and DAFF primarily assists Customs and Border Protection in performing its administrative role through inspection activities.
  3. Customs and Border Protection and DAFF will ensure efforts will focus on further strengthening the relationship between the two agencies in performing the functions of detecting and assisting in the investigation and deterrence of non-compliance with the CTDA.
  4. Each Party will liaise with the other to identify new opportunities for collaboration in relation to CTDA inspection activities within CTDA frameworks.

4. Operating Principles

  1. Each Party acknowledges the importance of a collaborative approach which assists Customs and Border Protection to administer the CTDA. This approach includes:
    1. Customs and Border Protection providing DAFF with information about products of CTDA interest, including details of CTDA requirements, that are likely to be inspected by DAFF for biosecurity purposes;
    2. when carrying out inspections of goods for biosecurity purposes, DAFF Biosecurity will verify whether CTDA requirements have been met, or provide Customs and Border Protection with sufficient information to allow a determination as to whether the CTDA requirements have been met, and advise Customs and Border Protection of the outcomes of these inspections; and
    3. both Parties accept that DAFF Biosecurity will not inspect products for the specific purpose of verifying whether CTDA requirements have been met.

5. Access to documents and information

  1. Each Party will make available to the other Party documentation and information, held by either of them, which is essential for the proper management of the border security and biosecurity functions. This includes material which may indicate possible breaches of relevant legislation. All information exchanged between the Parties will be in accordance with Commonwealth legislation and requirements including the Privacy Act 1988 and section 16 of the Customs Administration Act 1985 which will only be used for the purpose it was given or a related purpose.
  2. 5.2 The Parties understand that they are not to disclose to any other party confidential information provided by a Party in conjunction with this Annex, except where this is required or authorised by law or is required as part of the parliamentary process. Where possible, the disclosing Party will notify the other Party before doing so.
  3. Each Party disclosing information will ensure that the security classification, including any caveat or handling instruction, is clearly identified.
  4. The Parties will ensure that their officers hold the required level of security clearance appropriate to access or receive the other Party’s information. The Parties will consult with each other and agree on the level of security clearance required for accessing or receiving information as well as for officers to attend briefings, operations planning and gain access to facilities as required, for border and biosecurity activities.

6. Governance and reporting

  1. The Customs and Border Protection - DAFF Strategic Working Group (SWG) will oversight the implementation of responsibilities under this Annex.
  2. For the purposes of ensuring that each Party can effectively carry out their respective roles, senior officials of Customs and Border Protection and DAFF responsible for areas conducting CTDA activities will engage in regular and, high level meetings at the national level. These meetings will set and monitor the strategic direction and priorities for inter-agency activity.
  3. Reports of meetings between the above mentioned officials will be provided quarterly to the SWG for information.

7. Costs

  1. 7.1 In accordance with clause 9 of the Memorandum, the Parties agree that each agency will bear their own costs in fulfilling their commitments under this Annex except where a prior written agreement has been reached by both Parties as to their sharing or apportionment of costs.

8. Procedural Material

  1. The Parties may, either jointly or independently, develop Procedural Material that is consistent with this Annex in accordance with clause 10 of the Memorandum.
  2. Where the creation or modification of any Procedural Material by one Party may affect the other Party, Customs and Border Protection and DAFF will consult with each other and discuss any concerns to allow for the efficient operation of both Parties.

9. Nominated Contacts

  1. Each Party may raise matters relevant to performing the statutory functions of detecting, investigating and deterring non-compliance with relevant CTDA legislation with the following nominated contacts:
    Customs and Border Protection –
    National Manager, Trade Policy
    Ph: 02 6275 6462
    DAFF –
    Assistant Secretary, Cargo and Shipping
    DAFF Switchboard Ph: 02 6272 3933

10. Rrview of Annex

  1. The Parties will review the operation of this Annex three (3) years after commencement or at such other time as mutually determined by the Parties to assess the suitability of arrangements under this Annex.

11. Commencement

  1. This Annex commences, unless otherwise specified, on:
    1. the date it is signed by both Parties; or
    2. the date the last Party signs, where the agencies do not sign the Annex on the same day.

12. Definitions

  1. Unless the contrary intention appears, a term used in this Annex has the meaning shown in the table below:
  2. TermDefinition
    Annexmeans this Annex made in accordance with the Memorandum;
    Commonwealthmeans the Commonwealth of Australia;
    Memorandummeans the Memorandum of Understanding on the collaborative working relationship between the Australian Customs and Border Protection Service and the Department of Agriculture, Fisheries and Forestry signed on 21 July 2011; and
    Procedural Materialincludes Standard Operating Procedures, Instructions and Guidelines or Business Practice Statements or any procedural material made in accordance with this Memorandum.

13. Modification and Termination

  1. This Annex can be modified or terminated by a written agreement signed by the Chief Executive Officer of Customs and Border Protection and the Secretary of DAFF or their delegates.
    1. takes effect from the date the last Party signs the modification or termination; and
    2. has no effect unless endorsed in accordance with this clause.
  2. Unless otherwise specified, a modification or termination:

14. Signatures

Signed at Canberra
for and on behalf of the
Australian Customs and Border Protection Service by
Raelene Vivian
National Director
Cargo and Trade

Signed at Canberra
for and on behalf of the
Department of Agriculture,
Fisheries and Forestry by
Tim Chapman
First Assistant Secretary, Biosecurity Quarantine Operations Division

Last reviewed: 4 November 2019
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