customs power

The federal government continues to be involved in adding or adjusting restrictions via the Attorney General's Department, using the customs power and consultation with states.

First, the Import, Export and Customs Powers (Defence) Act 1939 was emergency legislation passed at the outbreak of the Second World War.

Under the communications power the federal government can regulate the broadcast media (television and radio), online services (the internet), and under the customs power, the import/export of printed matter, audiovisual recordings and computer games.

This allows the concurrent exercise of customs powers by HMRC Commissioners and the Director of Border Revenue; it is the first step in overhauling immigration and customs legislation.

The Act replaced the export control powers contained within the Import, Export and Customs Powers (Defence) Act 1939 legislation on strategic export controls and, among other things, provides for a more transparent framework and increased Parliamentary accountability.

Section 24 gives officers of Her Majesty's Revenue and Customs power to detain a person for up to 6 hours to facilitate the carrying out of investigations into a criminal offence and/or whether criminal proceedings should be instigated for that offence.