Freight & Trade Alliance (FTA) is a key member of the Australian Border force Trade and Goods Compliance Advisory Group (CAG).  The CAG is a collaborative forum for Government and industry to co-design solutions for trade and goods compliance issues.

Following is a summary of the discussions from the most recent CAG meeting held on  April 19^th 2023

Feedback and comments can be sent to Sue Danks, Head of Customs and Regulatory Compliance, as required at sdanks@ftalliance.com.au 

1.Changes to Broker Licensing

 
ABF provided an updated provided an update on ABF enhanced supply chain integrity controls, which include the following:

• Australian Customs Notice (ACN) No. 2022/46, New Obligations on Customs Depot and Warehouse Licences, was published on 1 November 2022
• The Fit and Proper regime includes scope of all persons and employees, and requires completion of the B1555 Fit and Proper Consent Form, which is valid for 5 years
• ACN 2021/10, New Obligations on Customs Broker Licences, informs licenced customs brokers of additional conditions that came into effect in July 2021. The Australian Border Force is now reviewing the current conditions outlined in ACN2021/10 and proposing a number of new conditions. With the template provided, members may provide comment on the proposed wording, changes to key terminology, and updates.

It is recommended that members read the proposed changes, which appear to still be subject to some negotiation. Those members with any comment on the proposed wording or suggestions on changes to key terminology are encouraged to share them via email them to sdanks@ftalliance.com.au
 

2.Additional Mutual Recognition Arrangements (MTA)

• AEO MRAs have been signed with Customs administrations of Canada, the People's Republic of China, Hong Kong Special Administration Region (SAR), Japan, the Republic of Korea, New Zealand, Singapore, Taiwan and Thailand
• Further negotiations are progressing with Indonesia, Malaysia, the United Kingdom and the United States.
• Reciprocal benefit is being received by Australian exporters under these AEO MRAs. Exports to Australia from these countries do not receive the full range of ATT benefits, but they do receive priority / streamlined processing at the border. 

3.Addressing the risks of silica in manufactured stone 

The Department of Employment and Workplace Relations is the policy lead on a discussion with government of this matter and will drive consultation to assist with addressing concerns related to crystalline silica. 
 
Work Health and Safety Ministers, and Safe Work Australia (SWA), incorporated within the Workplace Relations portfolio, are to prepare a report providing further analysis on this issue. The report is due by end of August 2023.
 
Any import prohibition on engineered stone/crystalline silica would need to be informed by WHS, health and scientific advice as well as policy guidance, including consideration of acceptable silica content levels and other risk factors. The ABF will continue to engage with its Commonwealth counterparts on the pros and cons of different models, considering any border management and regulatory burden on industry.
 
Further background can be found on the SWA website at https://engage.swa.gov.au
 

4.Intellectual Property Infringements

Form B1228, Claim for release of seized goods, has been updated to capture evidentiary support from importers to validate the legitimacy of branded goods. These changes provide a clearer process to issue infringements under the Infringement Notice Scheme. 
 
Changes have been implemented to support and protect brand owners. This will transfer the financial burden of seized counterfeit goods to the importer. 
 
Seizures of counterfeit goods remains for those considered to be at a commercial level. It appears that the passenger pathway is not a main area of focus, however it should be noted that such goods do infringe copy marks.

5.Streamlining Excise Administration of Fuel and Alcohol

The ABF, ATO and Treasury are working to prepare for the implementation of the 'Aligning excise and customs reporting with other indirect taxes' measure.

• Currently, businesses are required to lodge and pay excise and customs duty on entry to home consumption, unless authorised to defer.
• The Aligning Reporting measure will allow fuel and alcohol businesses with an annual aggregated turnover of less than $50 million to apply to lodge returns and pay excise and excise-equivalent customs duty, on a quarterly basis rather than weekly or monthly.
• Fuel and alcohol businesses will benefit from reporting and paying excise and customs duty at the same time as they lodge their business activity statements, assisting to reduce administrative burden.