Following publication of last week's member notice regarding the proposed Customs and Other Legislation Amendment (Illicit Tobacco Enforcement Modernisation and Other Measures) Bill 2026, Freight & Trade Alliance (FTA) has now met with senior Australian Border Force representatives to discuss a number of member concerns.
In relation to the proposed requirement for customs brokers, depot licence holders and warehouse operators to take "all reasonable steps" to prevent a person from engaging in conduct that facilitates, assists or enables the importation of tobacco products that are prohibited imports, ABF advised that the intent of the reforms is to emphasise that licence holders are responsible for preventing misuse of their licences and licensed arrangements.
ABF noted that customs brokers are already subject to professional and due diligence obligations and that the proposed amendments are intended to reinforce and make explicit those existing obligations, particularly in relation to identifying and responding to indicators of unlawful activity.
For depot and warehouse licence holders, ABF advised that the reforms are intended to introduce requirements, aligning more closely with those already applying to customs brokers. The focus is on circumstances where operators fail to identify, report or respond to obvious indicators of unlawful activity occurring within their operations.
ABF also noted that the proposed condition is not intended to impose liability where a licence holder has taken all reasonable steps in the circumstances. Rather, the expectation is that licence holders make reasonable enquiries where concerns arise, and maintain effective systems and controls to prevent misuse of their licence, premises or services.
FTA also sought clarification regarding proposed amendments to licensing committee arrangements.
ABF advised that the existing customs broker licensing committee framework will remain largely unchanged. The proposed legislation establishes a broader licensing committee structure incorporating separate sub-committees for customs brokers and for depot and warehouse licensing matters. According to ABF, these changes are intended to support administration of depot and warehouse licensing applications and are not expected to materially impact existing customs broker licensing processes.
As previously noted, the Bill has only been introduced into Parliament and remains subject to debate, amendment and passage through both Houses before becoming law. FTA will continue to engage with ABF and government stakeholders as the legislation progresses and will provide further updates as additional information becomes available.
ABF will provide FTA further information on the proposed changes in due course, which will be shared with all members.
Sal Milici - Licensed Customs Broker
General Manager Trade Policy & Operations - FTA / APSA
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