Impact Publications : AirCargo-257
AIRCARGO ASIA-PACIFIC • NOV-DEC, 2018 • Page 13 cutions. There is also associated uncertainty on which matters are dealt with under the Act or are referred for prosecution by the DPP under the Commonwealth Crimes Act . * Should disputes on dumping and countervail- ing duties still be excluded by direct review by the AAT? * What type of regime will be required in the Act in the future to enable the adoption of new tech- nologies to govern how trade is undertaken such as single - window or blockchain? The need to review the Act and perhaps re- place it is hardly a new concept. Report 60 of the Australian Law Reform Commission (ALRC) from September 1992 included a new draft Bill to replace the Act . Report 61 of the ALRC (also from September 1992) then proposed amendments to the way that Customs imposed penalties. Report 95 of the ALRC (released in January 2003) found no reason, other than historical practice, why the area of customs and excise should not be brought into line with other federal legislation governing civil and administrative penalties. A report by a House of Representatives Standing Committee on Legal and Constitutional Affairs from May 2004 recommended reform into the usage of averments in Customs prosecutions. The former commissioner of the ABF (and comptroller-gen- eral of Customs) invited industry to advise what would be required to assist with trade and compli- ance, including a rewrite of the Act. As recently as the Department of Home Affairs National Summit on 30 October 2018, industry again called for reform of the Act at which time assistant minister for Home Affairs, senator Linda Reynolds invited industry to do the work creating a new Act . Based on my subsequent research with industry it seems clear that industry does want a new Act and is pre- pared to work with government to co-develop that new Act , accepting that government remains the only party able to effect legislative change. Based on recent experiences in the co-develop- ment of programs and regulation here and over- seas and taking into account the obvious need for reform of the Act , I would invite government to work with industry to determine the underlying principles and needs in reform of the Act . That work could be undertaken through the ‘Legislative Reform Working Group’ at the National Commit- tee of Trade Facilitation with the aim of develop- ing an outline of what manner of reform is needed and how it could be best effected. A model for the program can be found in the recent New Zealand experience creating its new Customs and Excise Act 2018. This has been proposed already and we hope that the idea is actively pursued. ULD CARE offers two safety tools TWO new tools to help ULD operators improve safety and reduce damage - the Strap App and Wind Speed Calculator – have been released by industry organisa- tion ULD CARE at its 2018 conference in Guangzhou. ULD CARE www.uldcare.com is a not-for-profit Canadian corporation. Its membership is open to any company or group whose scope encompasses any air- craft unit load device activity. The organisation start- ed as an IATA committee in 1971 and became a legal entity in 2011. It has strong Asia-Pacific membership. “These two new tools build on our commitment to helping the air cargo industry and align with the principles of our Code of Conduct,” explained Urs Wiesendanger, president of ULD CARE. “We will be adding these to our list of solutions and promot- ing them widely to the industry.” ULD CARE announced the Code of Conduct, 10 guiding principles for optimal handling of ULDs, at its 2017 conference. “The Strap App offers users guidance on how to properly secure non-ULD cargo within an aircraft, such as vehicles and equipment,” said Bob Rogers, the VP who led development of the tools. “The Wind Speed calcu- lator allows users to determine whether or not a ULD is at risk of being blown off the ramp during loading and unloading.” The Strap App is available in the iTunes stores, with an Android version coming soon. The Wind Speed Calculator is available on ULD CARE’s web site.