{"id":"F2023L00548","name":"Customs (Obligations on Cargo Terminal Operators) Instrument 2023","slug":"customs-obligations-on-cargo-terminal-operators-instrument-2023","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":441860,"registerId":"F2023L00548-fast-fetch-1775957038119","compilationNumber":null,"startDate":"2026-04-12","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Customs (Obligations on Cargo Terminal Operators) Instrument 2023","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\nmeta-generator: Aspose.Words for .NET 22.10.0\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![Commonwealth Coat of Arms of Australia](image.001.jpeg)\n\n \n\nLIN23/041\n\n \n\nCustoms (Obligations on Cargo Terminal Operators) Instrument 2023\n\nI, Michael Outram APM, Comptroller-General of Customs, make the following Instrument.\n\nDated 12 May 2023   \n\n[signed]\n\nMichael Outram APM\n\nComptroller-General of Customs\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1  Name\n\n2  Commencement\n\n3  Authority\n\n4  Definitions\n\nPart 2—Obligations with respect to closed-circuit television systems\n\n5  Purpose of this Part\n\n6  Installation of closed-circuit television systems\n\n7  Operation, maintenance and removal of closed-circuit television systems\n\n \n\nPart 1—Preliminary\n\n1  Name\n\n  This instrument is the Customs (Obligations on Cargo Terminal Operators) Instrument 2023.\n\n2  Commencement\n\n (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.\n\n \n\n- Commencement information\n- Column 1 Column 2 Column 3\n- Provisions Commencement Date/Details\n- 1. The whole of this instrument. The day after this instrument is registered.\n\n\nNote: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument.\n\n (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument.\n\n3  Authority\n\n  This instrument is made under section 102CJ of the Customs Act 1901.\n\n4  Definitions\n\nNote: A number of expressions used in this instrument are defined in sections 4 and 102B of the Act, including the following:\n\n(a) cargo terminal;\n\n(b) cargo terminal operator;\n\n(c) officer of Customs.\n\n  In this instrument:\n\nAct means the Customs Act 1901.\n\nclosed‑circuit television includes wholly or partially wireless closed‑circuit television.\n\nclosed‑circuit television system includes:\n\n (a) the equipment of the closed‑circuit television system; and\n\n (b) any equipment, materials, utilities or infrastructure required in order to enable the closed-circuit television system to be operated or maintained.\n\nrelevant person means:\n\n (a) an officer of Customs; or\n\n (b) a person acting on behalf of the Department; or\n\n (c) a person providing services in relation to the installation, operation, maintenance or removal of a closed‑circuit television system operated, or to be operated, by or on behalf of the Department; or\n\n (d) an officer or employee of a person mentioned in paragraph (b) or (c).\n\nPart 2—Obligations with respect to closed-circuit television systems\n\n5  Purpose of this Part\n\n  This Part imposes obligations on cargo terminal operators with respect to closed‑circuit television systems.\n\n6  Installation of closed-circuit television systems\n\n (1) A cargo terminal operator must, on request by an officer of Customs, provide relevant persons with access to a cargo terminal for the installation of a closed-circuit television system to be operated by or on behalf of the Department.\n\n (2) Without limiting subsection (1), access must be provided to enable relevant persons:\n\n (a) to conduct preparatory work before the installation of the closed-circuit television system, including any work to determine whether and where to install the system or any part of the system;\n\n (b) to make any necessary modifications to the premises to enable the installation of the closed-circuit television system;\n\n (c) to install the closed-circuit television system;\n\n (d) to connect to and use the power supply and other utilities necessary for the installation of the closed-circuit television system.\n\n (3) Without limiting subsection (1), access must be provided to:\n\n (a) poles;\n\n (b) pit and pipe;\n\n (c) suitable rooms to install closed-circuit television racks and servers;\n\n (d) any other existing infrastructure necessary for the installation of the closed-circuit television system.\n\n (4) A cargo terminal operator must ensure that all reasonable facilities and assistance is given to relevant persons to enable the installation of the closed-circuit television system.\n\n (5) A request referred to in subsection (1) may relate to particular relevant persons or to a class or classes of relevant persons.\n\n7  Operation, maintenance and removal of closed-circuit television systems\n\n (1) A cargo terminal operator must, on request by an officer of Customs, provide relevant persons with ongoing access to a cargo terminal for the operation, maintenance or removal of a closed-circuit television system.\n\n (2) Without limiting subsection (1), access must be provided to enable relevant persons:\n\n (a) to conduct assessments of infrastructure as necessary after installation to ensure the closed-circuit television system is able to perform its function;\n\n (b) to connect to and use the power supply and other utilities necessary for the operation, maintenance or removal of the closed-circuit television system;\n\n (3) A cargo terminal operator must provide all reasonable facilities and assistance to relevant persons to enable the operation, maintenance or removal of the closed-circuit television system.\n\n (4) A request referred to in subsection (1) may relate to particular relevant persons or to a class or classes of relevant persons.\n","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":2,"scope_assessment":{"changed":false,"description":"The instrument remains tightly focused on its original purpose: imposing CCTV-related access obligations on cargo terminal operators. The scope has not expanded beyond this specific operational requirement."},"complexity_factors":["Short document: only 7 operative sections across 2 Parts","Minimal defined terms: only 4 definitions in the instrument itself, with 3 additional terms incorporated by reference from the parent Act","No nested exceptions or conditional logic: obligations are straightforward 'must provide access' commands","Simple structure: linear progression from definitions to installation obligations to maintenance obligations","No cross-references to other legislation beyond the enabling provision (section 102CJ of the Customs Act 1901) and standard definitions"],"plain_english_summary":"This law requires cargo terminal operators to allow Australian Customs to install, operate, maintain and remove CCTV systems on their premises, and to provide access to power, infrastructure and “all reasonable facilities and assistance” to Customs staff and contractors. \n\nIt gives Customs broad surveillance powers for security and border protection and imposes a legal duty on terminal operators to facilitate government monitoring of their sites."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"The Instrument itself does not compare or refer to an earlier version or prior scope. Based on the text, it establishes obligations under section 102CJ of the Customs Act for cargo terminal operators to facilitate CCTV work by Customs and authorised persons (see s3; ss5–7). There is no textual indication within this Instrument that it narrows or expands a previously stated scope."},"complexity_factors":["Direct access and assistance obligations are clear and limited in subject matter (installation, operation, maintenance, removal) (ss5–7).","Broad definition of “relevant person” includes Customs officers, Department agents, contractors and their employees, expanding who may seek access (definitions).","Detailed operational requirements — preparatory work, premises modifications, use of power/other utilities, access to poles, pits, rooms and existing infrastructure — create varied compliance tasks for operators (s6(2)–(3); s7(2)).","Access is triggered “on request” by an officer of Customs, creating administrative discretion about when obligations arise (s6(1); s7(1)).","No timeframes, compensation mechanisms or enforcement/penalty provisions are set out in the Instrument itself; implementation and dispute resolution are therefore left to other law or administrative practice (instrument text; s3 authority).","Compliance may interact with commercial operations, safety regimes and existing property or lease arrangements, requiring coordination though the Instrument does not prescribe procedures (s6(4); s7(3))."],"plain_english_summary":"This Instrument requires cargo terminal operators, on request by an officer of Customs, to provide Customs officers and authorised contractors access to terminals so closed‑circuit television (CCTV) systems can be installed, operated, maintained and removed (see ss6–7). \n\nIt affects terminal operators by imposing obligations to allow access, provide reasonable facilities, permit modifications and supply utilities; the decision to request access is made by officers of Customs under the Instrument (see s6(1), s7(1))."}},"importantCases":[],"_links":{"self":"/api/acts/customs-obligations-on-cargo-terminal-operators-instrument-2023","history":"/api/acts/customs-obligations-on-cargo-terminal-operators-instrument-2023/history","analysis":"/api/acts/customs-obligations-on-cargo-terminal-operators-instrument-2023/analysis","conflicts":"/api/acts/customs-obligations-on-cargo-terminal-operators-instrument-2023/conflicts","importantCases":"/api/acts/customs-obligations-on-cargo-terminal-operators-instrument-2023/important-cases","documents":"/api/acts/customs-obligations-on-cargo-terminal-operators-instrument-2023/documents"}}