澳大利亚海关与边境保护局(以下简称“海关”)最近收到了全国审计委员会关于海关行使法定权力的审核报告。 海关同意审计的三个基本建议,但是对于某些具体的活动还需要进一步的澄清。 海关是一个执法部门,涉及到各种活动,包括协助货物与人员进过边境,保护机场、港口,防止移民欺诈,有组织的跨国犯罪对国家的威胁。 对于调查报告中提到的超越权限执法的问题,海关会进行调查。
Response to ANAO report on the Australian Border Force’s use of statutory powers 27-02-2017 - The Department welcomes the finalisation of the Australian National Audit Office’s (ANAO) report on The Australian Border Force’s Use of Statutory Powers and agrees primarily with the three recommendations. There are, however, certain matters presented in the report which require clarification. The Australian Border Force (ABF) is the operational enforcement arm of the Department, responsible for a diverse range of activities, including facilitating the lawful passage of people and goods across the border. ABF officers protect Australia's airports, seaports, international mail and cargo streams from the entry of illegal and harmful goods, those intending to commit immigration fraud, organised and transnational crime and national security threats. The ABF also conducts investigations, compliance and enforcement operations in relation to the Migration Act, Citizenship Act, Maritime Powers Act and Customs Act and other offences related to illegal activity at the border. The current range of ABF statutory powers represent the consolidation of the powers which existed in the former Department and former Australian Customs and Border Protection Service prior to integration on 1 July 2015. The Australian Border Force Act 2015 did not create new powers to be exercised by ABF officers. The Department has informed the ANAO that it does not agree with its characterisation that the powers available to ABF officers are solely coercive powers. While some powers are clearly coercive, such as the power in s.18 of the Migration Act 1958 to require a person to give information or produce a document about an unlawful non-citizen, many other powers are administrative, such as the power in s.25(1) that allows ABF officers to inspect and make copies of a document produced under s.18. Further, the Department notes the report’s conclusions that the ANAO found instances of potentially unlawful searches of and failure to comply with mandatory instructions under both the Customs Act 1901 and Migration Act 1958. The Department contends these instances are in the category inadvertent and administrative breaches rather than deliberate and intentional breaches. Notwithstanding, the Department is conducting a detailed review to verify whether the searches were conducted lawfully/appropriately, identify and address any control weaknesses, and if recommended by the review, will take necessary remedial actions. Recommendations The Department has taken account of the issues raised in the report and has provided responses against all recommendations. A summary of the Department’s response is outlined below. Recommendation one The Department agrees with this recommendation and will ensure that the risk of officers exercising powers unlawfully or inappropriately due to inadequate guidelines, training or supervision is addressed as part of its review of enterprise risks to be undertaken in the first half of 2017. Recommendation two The Department agrees in principle with this recommendation. Significant progress has been made by the Department to upload all operational instructions, guidance, delegations and authorisations to the Document Control Register. Currently, there are 645 documents that are accessible to staff on the Policy and Procedure Control Register (PPCR) which is a single point of access to policies and procedures, and direct access to delegations and authorisations. While the Department agrees that an integrated platform for instructions, guidance, delegations and authorisations should be delivered, its ability to do so within one year will be conditional upon the availability of sufficient funding and resourcing. Considerable progress has already been made with the implementation of the PPCR and successful commissioning of a technical upgrade of the LEGEND system to accommodate delegations, authorisations and Customs legislation. Recommendation three The Department agrees with this recommendation. The Learning and Development Branch is continually working with the ABF College and relevant business lines to ensure the certification of training records relating to statutory powers are entered into the Learning Management System (LMS). The Department is conducting training needs analysis in roles that require officers to exercise coercive powers which will then assist in identifying the pre-requisite qualifications in ABF roles. The enhancements to the LMS that are underway will align an individual’s position to a job role and then to the curriculum and relevant qualifications. Media contact: Immigration and Border Protection (02) 6264 2244
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