Legislation passed allowing controlled trials of Customs reforms FTA / APSA to develop proposals under new framework

The Customs Legislation Amendment (Controlled Trials and Other Measures) Bill 2022 passed both Houses of Parliament on 5 September 2023 - refer HERE.

As a part of the Government's Simplified Trade System agenda, the Australian Border Force (ABF) now has in place a legislative and governance framework to support trials of new practices under the Customs Act 1901 and associated regulations. The framework will enable time limited trials with approved entities in a controlled regulatory environment.

The Controlled Trials Bill seeks to encourage innovation in developing best practice regulation through testing new business practices and technologies before committing to legislative change. This will assist Government in simplifying the Australian customs framework whilst maintaining, and achieving, Australia's border security objectives. The Controlled Trials Bill is also an important enabler for the whole-of-Government Simplified Trade System (STS) agenda.

The Controlled Trials Bill amends the Customs Act to allow the Comptroller-General of Customs to waive or vary requirements under the Customs Act or create new obligations to enable a controlled trial. The new legislative framework sets out the requirements for establishing, and approving an entity's participation in, a trial, and would also specify the circumstances in which an entity's participation in a trial may be varied, suspended or revoked.