Disclosure of cargo information held by the ABF
Overview
The Australian Border Force (ABF) holds large volumes of data relating to the movement of goods across the Australian border. This data is restricted information as it provides commercial and other information used for border enforcement purposes.
The ABF primarily uses the Integrated Cargo System (ICS) to risk assess cargo crossing the Australian border and intervene where necessary to protect the community and the economy. The ICS allows registered users in industry to legitimately track the movement of goods. The ABF also uses other cargo information sources where necessary.
There is a risk that individuals may abuse access to cargo movement information to track illicit goods to determine whether law enforcement authorities are interested in certain containers, and pass that information to criminal groups.
Subsection
233BABAF(3) of the Customs Act 1901 (Customs Act) makes it an offence to:
- obtain and use restricted information to commit an offence against a law of the Commonwealth, a State or a Territory (Subsection 1) -.
- obtain restricted information from Customs, and disclose that information to another person without authority to do so under the Customs Act or the Australian Border Force Act 2015 Customs Administration Act 1985 (Subsection 3).
These offences apply to conduct on or after 29 May 2013, even if the information to which the offence relates was obtained before that date.
Both offences are punishable by a maximum penalty of imprisonment for 2 years or 120 penalty units, or both.
The offences are intended to deter:
- individuals with access to restricted zones at airports and seaports who have been identified on law enforcement high threat priority target lists
- individuals using access to cargo movement information to track illicit goods and providing that information to criminal groups
- individuals accessing containers in terminals to collect illicit goods for criminal groups.
Scenarios
These scenarios provide information on when the ABF will
not consider the disclosure of information to contravene subsection 233BABAF(3).
Generally, we will not consider that a disclosure of restricted information contravenes subsection 233BABAF(3) where the disclosure occurs in, and is necessary to, the ordinary course of business. In determining this, we will consider whether:
- the recipient of the disclosed information has a legitimate and direct commercial interest in the cargo to which the information relates
- the information disclosed is relevant to that person's role in the cargo supply chain, and
- the person disclosing restricted information has verified the credentials of the recipient of this information.
The following examples provide further guidance. Please note this is not an exhaustive list.
Table 1: Disclosure Scenarios
Scenario Number | Industry groups disclosing information | To whom restricted information is provided | What type of restricted information can be disclosed | What type of restricted information cannot be disclosed |
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1 | Customs broker representing the importer of the goods | Importer of the goods that has engaged that customs broker to arrange clearance of their goods. | Information held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Act, including the ICS that relates to the goods the client is importing and which the client would have obtained if the client had not employed the customs broker to act on his or her behalf. | Information held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Act, including the ICS that does not relate to the goods that the client is importing. This includes information relating to other goods in the same container. Advice that the container is subject to an examination at a Customs Cargo Examination Facility (CEF) or that the container is being examined by the ABF. |
2 | Customs broker representing the importer of the goods. | Freight forwarders/ transport companies that have been engaged by the customs broker to move the goods from the container terminal or customs licensed premises to the importer's address or another customs licensed premises. Or Freight forwarder that has evidence of the relevant transport contract or is listed as a consignee or notify party on the contract. | Relevant information held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Act, including the ICS that relates to goods that the freight forwarder/transport company has been engaged to move. This includes the consolidated status (CLEAR or HELD) of the goods and the details required for the effective movement of the goods. Any publicly available information relating to the goods. | Information held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Act, including the ICS, relating to other goods that the freight forwarder/transport company has not been engaged to move. Information not relevant to the movement of the goods. |
3 | Customs broker Shipping line Airline
CTO
Cargo handler Cargo reporter | Freight forwarder/transport company without an established connection to the goods. | Publicly available information relating to the goods. | Any other restricted information. |
4 | CTO
Cargo handler | Importer of the goods.
Logistics provider employed by the importer of the goods e.g. freight forwarder, customs broker, cargo reporter. | Information held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Act, including the ICS that is available in the public domain. For instance, the arrival time of vessels and aircrafts. When the goods are physically available. Consolidated Status (CLEAR or HELD). | Information held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Act, including the ICS relating to other goods. Information not relevant to the movement of the goods. Advice from the ABF that the container is subject to an examination at a Customs Cargo Examination Facility (CEF) or that the container is being examined by the ABF. |
5 | Shipping Line | Person claiming to be an importer of goods, or a logistics provider representing the importer, quoting a container number and vessel and voyage numbers. However, the person is not listed as the consignee on the bill of lading or other transport documentation and their relationship to the goods cannot be established. | Publicly available information relating to the goods. | Any other restricted information. |
6 | All users with access to the ICS | A member of the public calls requesting further details about particular goods quoting relevant reference information (Container Number, HAWB, bill of lading, consignee /consignor information etc.) and the goods in question are not being handled by you or your company. | Publicly available information relating to the goods. | Any other restricted information. |
7 | Cargo reporter representing the importer | Importer of low value goods. | Information held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Act, including the ICS that relates to the goods the client is importing and that the client would have obtained if the client had reported the goods themselves. | Information held in a computer owned, leased or operated by the Commonwealth for use for the purposes of the Customs Act, including the ICS that does not relate to the goods that the client is importing. |
8 | Importer | A client of the importer with an interest in the end use of the goods but not involved in the importation process. | Publicly available Information relating to the goods. | Any other restricted information. |
Related provisions
The offences at section 233BABAF build on complementary controls already in place.
All customs brokers, depots and warehouses licences are subject to the following condition:
the holder of the licence must not allow Department systems or information provided by the Department to be used for an unauthorised purpose or to assist, aid, facilitate in any lawful or illegal activity.
Users of the Customs Connect Facility (CCF) who access ABF information systems, such as the ICS, agree to the Terms and Conditions of using the CCF including the following section relating to the Disclosure of Information:
Information regarding cargo, cargo movements, status of cargo, organisations and individuals provided to you through the Customs Interactive is confidential. You must ensure that unauthorised persons do not have access to that data and you must not divulge any information to any unauthorised person.
You must not use or allow Customs and Border Protection systems or information to be used for an unauthorised purpose or to assist, aid, facilitate or participate in any unlawful or illegal activity.
Further information
The ABF will review this information periodically and update this page when required.
If you believe there are circumstances where you are legitimately required to disclose 'restricted information' that is not covered by the disclosure scenarios on this page, please advise the ABF before doing so.