This instrument is the Customs (Australian Trusted Trader Programme) Rule 2025.
2 Commencement
This instrument commences on the day after registration.
3 Authority
This instrument is made under section 179 of the Customs Act 1901.
4 Definitions
Note: A number of expressions used in this instrument are defined in subsection 4(1) of the Act, including the following:
Container;
Customs-related law;
trusted trader agreement;
unmanufactured raw products.
In this instrument:
ABN has the meaning given by section 41 of the A New Tax System (Australian Business Number) Act 1999.
Act means the Customs Act 1901.
entity: see section 8.
Immigration and Border Protection worker has the meaning given by subsection 4(1) of the Australian Border Force Act 2015.
international supply chain: see section 5.
risk, in relation to an entity’s international supply chain, include but is not limited to the following:
(a) a risk of contraventions of Customs‑related laws arising from any or all of the activities forming part of the international supply chain;
(b) a risk to the security of goods arising from any activity forming part of the international supply chain;
(c) a risk to the security of goods arising from the nature of the goods.
show‑cause notice: see subsection 26(2).
5 Definition of international supply chain
General definition
(1) An entity’s international supply chain is any of the following activities undertaken by, or for the purposes of, the entity in relation to any goods that are imported into Australia or exported from Australia (whether by the entity or another person):
(a) activities that, at a particular time, start to be undertaken:
(i) for an unmanufactured raw product—where the product first comes into existence in a form in which it is to be supplied; or
(ii) in any other case—where the first significant process in the manufacture or production of the goods is performed;
(b) any other activities in relation to the goods that are undertaken after that particular time until:
(i) for imported goods, if subsection (2) does not apply—the goods are no longer subject to customs control; or
(ii) for imported goods, if subsection (2) applies—the goods are first received in Australia, as consignee, by that entity or another entity after the goods are no longer subject to customs control; or
(iii) for exported goods—the goods arrive at a place outside Australia.
First receipt of imported goods in Australia by a trusted trader
(2) This subsection applies if:
(a) the goods are no longer subject to customs control; and
(b) whichever entity first receives the goods in Australia, as consignee, after the goods are no longer subject to customs control has:
(i) nominated itself under section 176B of the Act to participate in the Australian Trusted Trader Programme; or
(ii) entered into a trusted trader agreement that is in force.
Note: The entity mentioned in paragraph 5(2)(b) may or may not be the entity first mentioned in subsection (1).
6 Schedules
Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Part 2—Qualification criteria
Division 1—Preliminary
7 Simplified outline of this Part
This Part prescribes the qualification criteria that an entity must satisfy in order for a trusted trader agreement to be entered into with an entity under section 176A of the Act.
The qualification criteria in this Part are:
(a) the entity has an ABN and has been undertaking activities that form part of an international supply chain for at least two years before nominating to be a trusted trader;
(b) the entity is able to pay all its debts;
(c) the entity’s electronic or manual operating systems accurately record and generate information;
(d) information in relation to the entity’s international supply chain is accurate and secure;
(e) the entity has undertaken a risk assessment and complies with measures to secure that entity’s international supply chain;
(f) the entity satisfactorily complies with Customs-related laws;
(g) the entity takes reasonable measures to ensure that persons doing anything in relation to that entity’s international supply chain complies with the qualification criteria.
8 Meaning of entity
For the purposes of 179(1)(a) of the Act, an entity must:
(a) be an entity within the meaning of the A New Tax System (Goods and Services Tax) Act 1999;
(b) have an ABN; and
(c) have been undertaking an activity or activities (which need not have been the same activity or activities) that form part of an international supply chain for at least 2 years before the entity’s nomination under section 176B of the Act.
9 Standard of compliance with certain qualification criteria
For the purposes of 179(1)(a) of the Act, an entity must satisfy the qualification criteria in sections 11 to 13 to a standard that adequately addresses the relevant risks in relation to the entity’s international supply chain.
Division 2—Detailed qualification criteria
10 Financial criterion
For the purposes of 179(1)(a) of the Act, the entity must be able to pay all its debts as and when they become due and payable.
11 Operating systems capability
(1) For the purposes of 179(1)(a) of the Act, this section prescribes qualification criteria with respect to operating systems capability.
(2) The electronic or manual operating systems used by the entity must be able to accurately record and generate information to enable an Immigration and Border Protection worker to do all of the following:
(a) assess the correctness of information in relation to the entity’s international supply chain that is provided by the entity to any of the following:
(i) the Department of Home Affairs;
(ii) the Comptroller‑General of Customs;
(iii) an Immigration and Border Protection worker;
(iv) an Agency within the meaning of the Public Service Act 1999;
(b) assess whether the entity is complying with all of the following:
(i) Customs‑related laws;
(ii) this instrument;
(ii) a trusted trader agreement entered into by the entity;
(c) identify the source of any information referred to in paragraph (a);
(d) obtain an audit trail of transactions, and of the entity’s international supply chain, that can be readily traced from the record or information.
(3) The electronic or manual operating systems used by the entity clearly records all of the following:
(a) financial transactions in relation to the entity’s international supply chain;
(b) the identity of other persons undertaking activities that form part of the entity’s international supply chain at any particular time;
(c) the identity of any person from whom information recorded or reported is sourced.
(4) The entity’s records must be in English or can be readily translated into English.
(5) The electronic or manual operating systems used by the entity must be secured against misuse, loss and unauthorised access.
12 Communication and information quality
(1) For the purposes of 179(1)(a) of the Act, this section prescribes qualification criteria with respect to an entity’s communications and information quality.
(2) The entity must take measures to ensure the following:
(a) information in relation to the entity’s international supply chain entered into, or provided from, the electronic or manual operating systems used by the entity is accurate;
(b) information provided by the entity to the Commonwealth complies with any of the requirements of the following:
(i) Customs‑related laws;
(ii) this instrument;
(ii) a trusted trader agreement entered into by the entity.
(3) The entity must take measures to secure the following communications against misuse, loss and unauthorised access:
(a) communications between the entity and persons doing anything for the purposes of, or incidental to, an activity that forms part of the entity’s international supply chain;
(b) communications between the entity and the Commonwealth in relation to the entity’s international supply chain.
(4) The entity complies with the measures mentioned in subsections (2) and (3).
(5) In this section, a reference to the Commonwealth includes the following:
(a) the Comptroller‑General of Customs;
(b) an Immigration and Border Protection worker;
(c) the Department of Home Affairs;
(d) an Agency within the meaning of section 7 of the Public Service Act 1999.
13 International supply chain security
(1) For the purposes of 179(1)(a) of the Act, this section prescribes qualification criteria with respect to an entity maintaining a secure international supply chain.
Security measures generally
(2) The entity must:
(a) have security risk assessments that identify risks specific to the entity’s international supply chain; and
(b) take measures to ensure that those risks are mitigated; and
(c) comply with those measures.
(3) The entity satisfies each of the qualification criteria set out in subsections (4) to (8) to the extent that the criterion is relevant to activities undertaken by the entity that form part of the entity’s international supply chain.
Personnel security
(4) The entity must take personnel security measures to ensure all of the following:
(a) screening of current and prospective employees and contractors engaged (or to be engaged) by the entity to identify any risk of such engagement for the entity’s international supply chain;
(b) relevant training for employees and contractors involved in compliance with Customs‑related laws or the security of goods, including training in such compliance;
(c) the denial of access for the entity’s former employees and contractors to the entity’s premises or systems, unless permitted by the entity;
and comply with those measures.
Physical security at premises
(5) The entity must take personnel security measures at the entity’s premises including, but not limited to, all of the following:
(a) measures to control access to the premises and to goods on the premises, with entry limited to authorised persons;
(b) measures to secure goods against unlawful or unauthorised movement, alteration or interference during movement of the goods into or out of the premises, and while the goods are stored in those premises;
and comply with those measures.
Transport security
(6) The entity must take security measures in relation to the transportation of goods including, but not limited to, all of the following:
(a) measures to keep goods secure and prevent unlawful or unauthorised movement, alteration, or interference during transportation;
(b) measures to reconcile goods moved into or out of the entity’s premises with commercial or other documentation in respect of the goods;
and comply with those measures.
Container security
(7) The entity must take security measures to ensure that containers are secure from unlawful or unauthorised alteration or interference including, but not limited to, all of the following:
(a) measures to ensure that the containers are secure before goods are packed and during transportation;
(b) measures to ensure that the containers are properly sealed to maintain security during transportation;
and comply with those measures.
Security for goods
(8) The entity must take security measures for goods including, but not limited to, all of the following:
(a) measures to secure the goods against unlawful or unauthorised movement, alteration or interference;
(b) measures to secure any goods that are subject to customs control against movement, alteration or interference except as permitted or authorised under a Customs‑related law;
and comply with those measures.
14 Compliance with Customs‑related laws
(1) For the purposes of paragraph 179(1)(a) of the Act, it is a qualification criterion that the entity satisfactorily complies with Customs‑related laws.
(2) In considering whether the entity satisfactorily complies with Customs‑related laws, the Comptroller‑General of Customs must consider the following matters:
(a) any action taken by the entity to ensure compliance with Customs‑related laws;
(b) the extent and frequency of the activities that form part of the entity’s international supply chain;
(c) the extent and degree of any non‑compliance with Customs‑related laws;
(d) any disclosure by the entity to the Commonwealth of any non‑compliance with Customs‑related laws in the course of the entity’s international supply chain;
(e) if there has been non‑compliance with those laws in the course of the entity’s international supply chain:
(i) whether that non‑compliance was for reasons beyond the control of the entity; and
(ii) any action taken by the entity to ensure future compliance or to prevent any non‑compliance with those laws;
(f) the effectiveness of any action referred to in subparagraph (e)(ii).
(3) In this section, a reference to the Commonwealth includes the following:
(a) the Comptroller‑General of Customs;
(b) an Immigration and Border Protection worker;
(c) the Department of Home Affairs;
(d) an Agency within the meaning of the Public Service Act 1999.
15 Entity’s responsibilities in relation to other persons
For the purposes of paragraph 179(1)(a) of the Act, it is a qualification criterion that the entity:
(a) takes reasonable measures to ensure that all persons doing anything for the purposes of, or incidental to, an activity that forms part of the entity’s international supply chain, are doing all of the following:
(i) satisfying the criteria set out in sections 11 to 13 to a standard that adequately addresses the relevant risks to the entity’s international supply chain; and
(ii) complying with Customs‑related laws; and
(b) complies with those measures taken by the entity.
Part 3—Trusted trader agreements
Division 1—Preliminary
16 Simplified outline
This Part prescribes the matters that the Comptroller‑General of Customs must consider when deciding whether to enter into a trusted trader agreement under section 176A of the Act.
The matters prescribed in this Part are:
(a) risks of entering into the trusted trader agreement with the entity;
(b) the entity’s compliance with Customs‑related laws;
(c) the entity’s offence history and the risk this poses to the entity’s international supply chain;
(d) the risks associated with any person involved in the management or control of the entity who has been insolvent or involved in another entity that has been insolvent.
Division 2—Matters the Comptroller‑General must consider when entering into a trusted trader agreement
17 Entering into a trusted trader agreement
Risks of entering into agreement with entity
(1) For the purposes of paragraph 179(1)(b) of the Act, this section prescribes the matters the Comptroller‑General of Customs must consider when deciding whether to enter into a trusted trader agreement.
(2) The Comptroller‑General of Customs must consider the risks associated with entering into a trusted trader agreement with the entity, including any risks to the following:
(a) the Commonwealth;
(b) the security of the entity’s international supply chain;
(c) the objectives or the administration of the Australian Trusted Trader Programme.
(3) If the entity has had a trusted trader agreement terminated under section 178A of the Act in the period of 3 years immediately before the entity’s current nomination under section 176B of the Act, the Comptroller‑General of Customs must consider the reasons for the termination.
Compliance with Customs‑related laws
(4) The Comptroller‑General of Customs must:
(a) consider whether the entity has satisfactorily complied with Customs-related laws at all times from the time that is 2 years before the entity’s nomination under section 176B of the Act; and
(b) in so doing—consider the matters mentioned in subsection 14(2) in relation to such compliance.
Offence history
(5) If a person covered by subsection (6) has been, in the previous 10 years, convicted of an offence against a Customs‑related law, or against another law of the Commonwealth, or a law of a State or Territory, the Comptroller‑General of Customs must consider whether there may be a risk to the following arising from the actions for which the person was convicted:
(a) the entity’s international supply chain; and
(b) the ability of a person having a role in relation to the management or control of the entity’s international supply chain to effectively undertake that role.
(6) The following persons are covered by this subsection:
(a) the entity;
(b) if the entity is a body corporate—each director;
(c) if the entity is a partnership—each partner;
(d) if the entity is a trust, or a trustee of a trust—each trustee of the trust;
(e) a person employed or contracted by the entity (or by a contractor of the entity) to undertake an activity that forms part of the entity’s international supply chain, if the Comptroller‑General of Customs considers that the person ought to be covered by this subsection in consideration of the risks to which subsection (2) applies.
Financial management
(7) The Comptroller‑General of Customs must consider the risks associated with any person involved in the management or control of the entity who has been:
(a) insolvent; or
(b) involved in the management or control of an entity that has been at any time insolvent.
Part 4—Trade facilitation benefits
Division 1—Preliminary
18 Simplified outline
This Part prescribes the kind of benefits that may be received by an entity under a trusted trader agreement. The benefits prescribed in this Part are:
(a) the entity may have direct contact with an Immigration and Border Protection worker to provide liaison assistance and information in relation to compliance with Customs‑related laws;
(b) the entity may receive priority processing for advance rulings, claims for drawbacks, and applications for refunds, rebates, and remissions;
(c) the entity may be entitled to use the Australian Trusted Trader logo and name;
(d) the entity may receive priority examination of its goods.
Division 2— Trusted trader benefits
19 Trusted trader benefits
(1) For the purposes of paragraph 179(1)(e) of the Act, this section prescribes the kinds of benefits an entity may receive under a trusted trader agreement.
Direct contact officer
(2) The entity may receive the benefit of direct contact with an Immigration and Border Protection worker, who may provide:
(a) liaison assistance with relevant Commonwealth agencies:
(i) to resolve an issue the entity has in relation to the entity’s international supply chain; or
(ii) to facilitate technical support in relation to an issue with Commonwealth systems the entity uses in relation to the entity’s international supply chain; and
(b) information in relation to compliance with Customs-related laws in the entity’s international supply chain.
Priority processing
(3) The entity may receive the benefit of priority processing for the following:
(a) a request for an advance ruling in relation to the tariff, valuation, or origin of imported goods, or any request for review by the Department of an advance ruling;
(b) a claim for a drawback of duty made in accordance with the condition in item 3 or 4 of the table in section 37 of the Customs (International Obligations) Regulation 2015;
(c) an application for a refund, rebate or remission of duty made in accordance with section 107 of the Customs Regulation 2015 or section 26 of the Customs (International Obligations) Regulation 2015.
Australian Trusted Trader logo and name
(4) The entity may be entitled to use:
(a) a logo, known as the Australian Trusted Trader logo; and
(b) the name “Australian Trusted Trader”.
Priority examination
(5) The entity may receive priority examination of its goods while the goods are subject to customs control.
Note: A trusted trader agreement may also require the entity to comply with specified conditions relating to the benefits the entity receives. Subsection 24(4) in Part 6 of this rule provides for conditions relating to benefits received under a trusted trader agreement.
Part 5—Variation of or release from obligations
Division 1—Preliminary
20 Simplified outline
This Part prescribes the kind of obligations under Part IV (imports) or VI (exports) of the Act that an entity may:
(a) satisfy in another way; or
(b) be released from performing.
Division 2—Prescribed obligations that may be satisfied in another way
21 Obligation to pay import processing charge under Part IV of the Act
For the purposes of subparagraph 179(1)(d)(ii) of the Act, the obligation to pay import declaration processing charge under Part IV of the Act may be satisfied in a way other than required under Part IV of the Act.
Part 6—Conditions
Division 1—Preliminary
22 Simplified outline
This Part prescribes:
(a) mandatory conditions that an entity subject to a trusted trader agreement must meet in order to continue participating in the Australian Trusted Trader Programme; and
(b) other conditions to which a trusted trader agreement may be subject.
Division 2—Mandatory prescribed conditions
23 Conditions for participation in the Australian Trusted Trader Programme
(1) For the purposes of paragraph 179(1)(c) of the Act, this section prescribes the conditions on which an entity participates in the Australian Trusted Trader Programme.
Qualification criteria and standards
(2) The entity must:
(a) continue to satisfy the qualification criteria mentioned in Part 2 of this instrument; and
(b) satisfy the qualification criteria to the standard (if any) specified in the trusted trader agreement.
Assistance to enable compliance assessment
(3) The entity must ensure that all practicable assistance is given to Immigration and Border Protection workers to enable such workers to undertake assessments of whether the entity is continuing to comply with the qualification criteria and the trusted trader agreement.
Note: The agreement may require such assessments to be undertaken in circumstances, and in the manner, provided by the agreement.
Offence history
(4) A person covered by subsection (5) must not be convicted of an offence against a Customs‑related law, another law of the Commonwealth, or a law of a State or Territory, for actions that may present a risk to the following:
(a) the entity’s international supply chain;
(b) the ability of a person having a function in relation to the management or control of the entity’s international supply chain to effectively perform that function.
(5) The following persons are covered by this subsection:
(a) the entity;
(b) if the entity is a body corporate—each director;
(c) if the entity is a partnership—each partner;
(d) if the entity is a trust, or a trustee of a trust—each trustee of the trust;
(e) each person employed or contracted by the entity (or by a contractor of the entity) to undertake an activity that forms part of the entity’s international supply chain.
Notification requirements
(6) The entity must, in accordance with the trusted trader agreement:
(a) from time to time, nominate a person as the entity’s primary contact person; and
(b) notify the Department of the contact details of the person currently nominated as the entity’s primary contact person.
(7) The entity must, in accordance with the trusted trader agreement, notify the Department as soon as practicable after becoming aware of any of the following:
(a) any change to the circumstances on the basis of which the agreement is entered into;
(b) any matters that may affect compliance by any person undertaking activities for the purposes of, or incidental to, the entity’s international supply chain with a Customs‑related law, this instrument or the agreement;
(c) any non‑compliance by such a person with a Customs‑related law, this instrument or the agreement;
(d) a conviction for an offence in relation to which subsection (4) applies.
False or misleading information
(8) The entity must not provide information to the Commonwealth that is false or misleading in a material particular in relation to:
(a) the entity’s entry into the trusted trader agreement; or
(b) compliance with these conditions, or any other conditions to which the trusted trader agreement is subject.
Compliance with police checks
(9) The entity must provide all of the following information in relation to a person covered by subsection (10) when requested by an Immigration or Border Protection worker for the purposes of conducting periodic police checks:
(a) full name;
(b) date of birth;
(c) position or job title.
(10) The following persons are covered by this subsection:
(a) the entity;
(b) if the entity is a body corporate—each director;
(c) if the entity is a partnership—each partner;
(d) if the entity is a trust, or a trustee of a trust—each trustee of the trust;
(e) each person employed or contracted by the entity (or by a contractor of the entity) to undertake an activity that forms part of the entity’s international supply chain.
(11) In this section, a reference to the Commonwealth includes the following:
(a) the Comptroller‑General of Customs;
(b) an Immigration and Border Protection worker;
(c) the Department of Home Affairs;
(d) an Agency within the meaning of the Public Service Act 1999.
Division 3—Other conditions
24 Other conditions for trusted trader agreements
(1) For the purposes of paragraph 179(1)(g) of the Act, this section prescribes other conditions to which an entity’s trusted trader agreement may be subject.
Self‑assessment
(2) The trusted trader agreement may be subject to the condition that the entity must, in the circumstances, and in the manner provided by the agreement, give the Comptroller‑General of Customs self‑assessment reports about the entity’s continuing compliance with the qualification criteria and the trusted trader agreement.
Conditions relating to assessments
(3) The trusted trader agreement may be subject to the condition that assessments for the purposes of the condition in subsection 23(3) are to be undertaken in circumstances, and in the manner, provided by the trusted trader agreement.
Conditions relating to benefits
(4) The trusted trader agreement may be subject to the condition that the entity must comply with any conditions specified in the agreement relating to the benefits the entity receives in accordance with section 19.
Use and disclosure of trusted trader information
(5) The trusted trader agreement may be subject to the condition that the entity may make a record of, disclose or otherwise use information, of a kind specified in the trusted trader agreement, that relates to the agreement and the administration of the Australian Trusted Trader Programme only:
(a) if authorised by the agreement; and
(b) in the circumstances, and in the manner, provided by the agreement.
Changes to the trusted trader agreement by mutual consent
(6) The trusted trader agreement may be subject to the condition that it may, by mutual consent, and in the circumstances, and in the manner, provided by the agreement, be:
(a) varied, or suspended, with the effect agreed between the entity and the Comptroller‑General of Customs; or
(b) terminated.
Part 7—Variation, termination, or suspension of trusted trader agreements
Division 1—Preliminary
25 Simplified outline
Subsection 178A(1) of the Act provides that the Comptroller‑General of Customs may vary, suspend or terminate a trusted trader agreement if the Comptroller‑General of Customs reasonably believes that the entity to which the agreement relates has not complied, or is not complying, with any condition prescribed by the rules or any term or condition specified in the agreement.
This Part prescribes:
(a) the procedures that the Comptroller‑General of Customs must follow when varying, suspending or terminating a trusted trader agreement;
(b) the matters that the Comptroller‑General of Customs must consider when deciding whether to vary, suspend or terminate a trusted trader agreement.
Division 2—Prescribed matters and procedures for variation or termination
26 Variation or termination
Application of this section
(1) This section applies if the Comptroller‑General of Customs proposes to make a decision to vary or terminate an entity’s trusted trader agreement under subsection 178A(1) of the Act because the Comptroller‑General reasonably believes that the entity has not complied, or is not complying, with:
(a) a condition prescribed by this instrument; or
(b) any term or condition specified in the trusted trader agreement.
Note: The Comptroller‑General of Customs may also suspend the agreement, with immediate effect, under section 27 of this instrument.
Show-cause notice required
(2) For the purposes of paragraph 179(1)(h) of the Act, before making the decision, the Comptroller‑General of Customs must give the entity a written notice (show‑cause notice) that:
(a) states that the Comptroller‑General of Customs proposes to vary or terminate the entity’s trusted trader agreement under subsection 178A(1) of the Act; and
(b) states the reasons for the proposed decision; and
(c) invites the entity to respond in writing within 10 business days of the show-cause notice being issued, or a longer period stated in the notice, to show-cause why the agreement should not be varied or terminated as proposed; and
(d) includes a summary of the effect of section 178A of the Act and of this section.
Matters to be considered when making decision
(3) For the purposes of paragraph 179(1)(i) of the Act, in deciding whether to vary or terminate the agreement after the show-cause notice has been given, the Comptroller‑General of Customs must consider the following matters:
(a) any response by the entity to the show-cause notice received within the period stated in the notice;
(b) the extent and degree of the non‑compliance referred to in subsection (1);
(c) any disclosure by the entity to the Department of that non‑compliance;
(d) whether that non‑compliance was for reasons beyond the entity’s control;
(e) any action taken, or proposed to be taken, by the entity to prevent or remedy that non‑compliance;
(f) any action taken, or proposed to be taken, by the entity to prevent further non‑compliance of a similar nature.
Note: Paragraph 178A(2)(b) of the Act provides that the Comptroller‑General, in deciding whether to vary, suspend or terminate a trusted trader agreement, must also consider any other matter that he or she considers relevant.
Notice of decision
(4) For the purposes of paragraph 179(1)(h) of the Act, within the applicable period under subsection (5), the Comptroller‑General of Customs must give the entity:
(a) written notice of a decision to vary or terminate the agreement, and the reasons for the decision; or
(b) written notice of a decision not to vary or terminate the agreement.
Note: A decision to vary or terminate a trusted trader agreement is reviewable by the Administrative Review Tribunal (see paragraph 273GA(1)(je) of the Act). The notice under paragraph (a) must include information about review of the decision by the Administrative Review Tribunal (see section 273K of the Act).
(5) For the purposes of subsection (4), the applicable period is:
(a) if the entity responds to the show-cause notice within the period specified under paragraph (2)(c):
30 calendar days after the response is received by the Comptroller‑General; or
(ii) another period after the response is received that is agreed between the Comptroller‑General and the entity; or
(b) in any other case:
30 calendar days after the end of the period specified in the show-cause notice under paragraph (2)(c); or
another period after the end of that specified period that is agreed between the Comptroller‑General and the entity.
Division 3—Prescribed matters and procedures for immediate suspension
27 Immediate suspension
Application of this section
(1) This section applies if the Comptroller‑General of Customs proposes to make a decision to suspend, with immediate effect, an entity’s trusted trader agreement under subsection 178A(1) of the Act because the Comptroller‑General reasonably believes that the entity has not complied, or is not complying, with:
(a) a condition prescribed by this instrument; or
(b) any term or condition specified in the agreement.
Matters to be considered for decision on immediate suspension
(2) For the purposes of paragraph 179(1)(i) of the Act, in deciding whether to suspend the agreement with immediate effect, the Comptroller‑General of Customs must consider whether the entity’s non‑compliance referred to in subsection (1) presents an immediate serious risk to any of the following:
(a) the Commonwealth;
(b) the security of the entity’s international supply chain;
(c) the objectives or the administration of the Australian Trusted Trader Programme.
Note: Paragraph 178A(2)(b) of the Act provides that the Comptroller‑General, in deciding whether to vary, suspend or terminate a trusted trader agreement, must also consider any other matter that he or she considers relevant.
Notice of immediate suspension
(3) For the purposes of paragraph 179(1)(h) of the Act, if the Comptroller‑General of Customs makes a decision to suspend the agreement with immediate effect, the Comptroller‑General of Customs must give the entity a written notice of the decision that:
(a) states that the agreement is suspended with immediate effect;
(b) states the reasons for the suspension;
(c) states the period of the suspension, and the effect of subsections (5) and (6);
(d) includes a summary of the effect of section 178A of the Act and of this section; and
(e) includes information about review by the Administrative Review Tribunal of the decision to suspend the agreement.
Note: A decision to suspend a trusted trader agreement is reviewable by the Administrative Review Tribunal (see paragraph 273GA(1)(je) of the Act). The notice under this subsection must also include information about review by the Administrative Review Tribunal of the decision to suspend the agreement (see section 273K of the Act).
(4) The notice of immediate suspension referred to in subsection (3) may be accompanied by a show-cause notice under subsection 26(2).
Period and effect of immediate suspension
(5) The agreement is suspended for the period beginning on the day the decision to suspend the agreement is made, and ending on the earliest of the following days:
(a) the day after the end of the period stated in the notice under paragraph (3)(c);
(b) if, before the end of that period, the Comptroller‑General of Customs decides:
to vary or terminate the agreement in accordance with section 26, or not to do so—the day that decision is made; or
to end the period of suspension—the day that decision is made.
(6) During the period of suspension:
(a) the agreement remains in force, and the entity must continue to comply with any requirements or conditions in relation to the agreement under the Act, this instrument or the agreement; but
(b) the benefits received by the entity in accordance with the agreement are not in effect.
(7) If the Comptroller‑General of Customs decides to end the period of suspension of the trusted trader agreement before the end of the period stated in the notice under paragraph (3)(c), the Comptroller‑General of Customs must give the entity written notice of that decision.
Part 8—Information for Register of Trusted Trader Agreements
Division 1—Preliminary
28 Simplified outline
This Part prescribes the information that may be published on the Register of Trusted Trader Agreements.
Division 2—Prescribed information that may be published
29 Information for publication on the Register of Trusted Trader Agreements
For the purposes of paragraph 179(1)(j) of the Act, the following kinds of information may be published on the Register of Trusted Trader Agreements for each trusted trader agreement entered into with an entity:
(a) in relation to the entity:
the entity’s business name, and if different, the entity’s trading name; and
if the entity is an individual—the individual’s name; and
the entity’s ABN;
(b) in relation to the trusted trader agreement:
the kinds of benefits the entity is receiving, or will receive, under the agreement; and
whether the agreement is in force; and
whether the agreement is currently suspended and, if so, the day the suspension started; and
whether the agreement has been terminated and, if so, the day of the termination.