PURPOSE 3: BORDER AND CUSTOMS OPERATIONS
Table 8: Purpose 3 – Performance framework
ACTIVITY | PERFORMANCE MEASURES |
Purpose 3—Border and Customs Operations: Advance a prosperous and secure Australia through trade and travel modernisation, effective customs, immigration, maritime and enforcement activities across the border continuum. | |
Activity 3.1: Effective border management and revenue systems. | Measure 3.1.1: Effective trade and travel policy and regulation settings contributes to Australia’s economic prosperity. PBS Program 1.2 Border Management PBS Program 3.2 Trade Facilitation and Industry Engagement |
Measure 3.1.2: Border revenue laws and processes increase revenue collection and reduce revenue evasion. PBS Program 3.1 Border Revenue Collection | |
Activity 3.2: Effective security and maritime surveillance. | Measure 3.2.1: Border security and contemporary maritime surveillance activities reduce the number of people and goods crossing Australian borders that pose a risk. PBS Program 1.1 Border Enforcement PBS Program 1.3 Onshore Compliance and Detention |
Purpose 3: At a glance 2019-20
Figure 7 – Purpose 3: At a glance 2019–20
Purpose 3: Analysis of performance
COVID-19 and emergency management response
The ABF was at the forefront of the Australian Government’s response to the COVID-19 pandemic, and have focused on the implementation and enforcement of enhanced border measures for trade and travel throughout this period.
As an island nation, our borders are our first line of defence in protecting the Australian community from the introduction and spread of COVID-19, particularly from high-risk countries and locations. The ABF was able to implement each tranche of border restrictions within hours of the Government’s decisions. Initial restrictions on travellers from China were implemented swiftly on 2 February 2020 with broader travel bans coming into force on 20 March 2020 prohibiting entry to Australia of all non-exempt foreign nationals. On 25 March 2020, further restrictions came into force prohibiting Australian Citizens and permanent residents from departing Australia (with limited exemptions).
The implementation of border measures has significantly reduced volumes of travel across Australia in both air and sea domains. In 2019–20, the ABF facilitated 32.73 million international air travellers and 2.27 million sea travellers at the border. This is a 26.83 per cent reduction in the number of international air travellers and a 14.33 per cent reduction in sea travellers compared to 2018–19. The ABF adapted border clearance processes to support whole-of-government efforts to target biosecurity threats from those travellers who did arrive at the border throughout the COVID-19 pandemic.
While traveller numbers steadily increased throughout Quarter 1 and Quarter 2, the clear decrease in Quarter 3, then the sharp decrease in traveller numbers in Quarter 4 has contributed significantly to the overall decline for 2019–20. In Quarter 3 of 2019–20, the number of international air travellers declined by 17.77 per cent and the number of sea travellers declined by 8.27 per cent while in Quarter 4 the number of international air travellers declined by 97.55 per cent and sea travellers declined by 49.94 per cent compared to the same periods in 2018–19.
During unprecedented travel restrictions, the ABF Commissioner was authorised by the Australian Government to grant individual travel exemptions to non-citizens providing critical services, including medical specialists and military personnel, as well as those travelling for compassionate reasons, immediate family members of Australian citizens and permanent residents, and New Zealand citizens who usually reside in Australia. The management and coordination of exemption requests required a sustained surge effort from ABF and departmental officers redeployed from frontline activities, such as passenger facilitation and immigration services, to develop and implement a robust system for travel exemption requests.
In March 2020, the ABF responded swiftly to a ban on international cruise ships which prohibited foreign-flagged vessels from entering Australia’s ports, and facilitated departures of cruise ships from Australian waters. Through an agile re-deployment of ABF officers, the ABF implemented border measures under the Biosecurity Act 2015 and worked closely with key stakeholders, such as industry, state and territory partners, and Australian Government agencies.
Operation PINCER was put into effect to repatriate Australian families, individuals and residents from Wuhan, China. Alongside the Department of Defence, Australian Medical Assistance Teams, the Department of Health, and state and territory police and health bodies, the ABF coordinated the quarantine arrangements of 270 people on Christmas Island and 266 people at the Howard Springs facility in the Northern Territory. These operations were managed through a whole-of-government effort led by the ABF. The quick establishment of a quarantine capability on Christmas Island and in Howard Springs demonstrated the ABF’s agility in challenging situations and the importance of cooperation with partner agencies.
In March 2020, the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Essential Goods) Determination 2020 came into effect to prohibit the re-selling of certain essential goods purchased at retail on or after 30 January 2020 for more than 120 per cent of the original purchase price. The ABF re-directed resources to target revenue evasion and identify imports and exports of critical medical and surgical supplies to ensure the security of goods and facilitation of legitimate trade.
The Customs (Prohibited Exports) Amendment (COVID-19 Human Biosecurity Emergency) Regulations 2020 was also implemented in response to concerns about shortages of Personal Protective Equipment (PPE) and other sanitation products. The amendment applies to goods such as face masks, sanitizer, gowns and goggles, and targeted exploitative practices and profiteering while safeguarding legitimate trade and supply chains. With partner agencies, the ABF has since detained thousands of consignments of PPE destined for offshore users. Detained goods were provided to the National Medical Stockpile, ensuring essential supplies stayed within Australia for the benefit of the Australian community.
Border security and management
Despite the impact of COVID-19, the ABF has continued to deliver strong outcomes for the protection, security and management of our borders. In 2019–20, in support of Operation Sovereign Borders, the ABF intercepted three vessels under the Maritime Powers Act 2013 (Maritime Powers Act) for maritime people smuggling. All potential illegal immigrants on board these vessels were safely returned to their country of origin. No vessels reached Australia without intervention.
During 2019–20, the ABF also continued to enhance border management and revenue capability to contribute to greater economic prosperity, particularly through the development of the trade modernisation agenda. The development of a Single Trade Window will allow parties to lodge standardised information and documents with a single entry point to fulfil all import and export requirements.
To support seamless trade, the ABF continued to expand the Australian Trusted Trader (ATT) program and promote legitimate two-way trade. By the close of 2019–20, 340 new entities were accredited as Trusted Traders, which is an increase of 107 entities to the 233 accredited in 2018–19.
In 2019–20, the ABF detected 40,223 major illicit, prohibited and restricted drugs in trade and travel streams, which is an increase of 4349 from 2018–19. The weight of detected major illicit drugs and precursors was 10,881.52 kilograms, reflecting a 45.5 per cent decrease from 2018–19. Despite the unprecedented disruption to international travel, the ABF has focused on targeting high risk consignments across all Operational Priorities.
In 2019–20, there were 18,487 unlawful non-citizens detained in Australia compared to 6992 unlawful non-citizens detained in 2018–19, an increase of 164.4 per cent. Of these, 14,113 were detained in Australia on board vessels under section 249 of the Migration Act 1958 in order to enforce COVID-19 compulsory quarantine measures on board where crew members were less than 14 days from last port of departure. Therefore, 4374 unlawful non-citizens were detained in Australia under section 189 of the Migration Act 1958, a decrease of 37.44 per cent when compared to 2018–19.
Detailed performance information related to Purpose 3 and results for each measure is in Purpose 3: Performance information .
CASE STUDY
Case study: Border Watch program supports export restrictions on goods that stop the spread of COVID-19
The Department’s Border Watch program is the single collection point for the Department and the ABF for community and industry information about activities which pose threats to Australia’s immigration and citizenship programs, or attempts to circumvent Australia’s customs, trade and border protection controls. Throughout the COVID-19 pandemic, the Border Watch Program engaged, educated and encouraged industry to report suspicious and adverse behaviour and activities in relation to the temporary export restrictions prohibiting the non-commercial export of goods that help stop the spread of COVID-19, including disposable face masks, gloves, gowns, protective eyewear and hand sanitizer.
During 2019–20, the Border Watch program received over 80 allegations from industry and community which assisted efforts to prevent harmful activities during the COVID-19 pandemic.
CASE STUDY
Case study: Supporting trade and travel throughout the COVID-19 pandemic
Following the announcement of COVID-19 border restrictions, the National Coordination Mechanism (NCM) facilitated engagement across the Commonwealth, states and territories to resolve a number of issues. This included the management of international returns to Australia and providing input into the development of an air freight import prioritisation list, led by Department of Industry, Science, Energy and Resources (DISER), comprising key medical supplies and PPE for frontline workers.
The NCM worked with the ABF to raise issues around access to essential goods. This resulted in amendments to the Customs (Prohibited Imports) Regulations 1958 to temporarily prohibit exports of certain essential goods, including PPE, to prevent exploitative exports and profiteering on these goods during the pandemic. The NCM also worked closely with the DISER and the Department of Infrastructure, Transport, Regional Development and Communications to advise leaders on risks associated with the movement of airfreight in the national interest, including options to remedy.
Purpose 3: Performance information
3and an additional threeTable 9: Purpose 3 – Performance information
ACTIVITY 3.1 Effective border management and revenue systems. |
MEASURE 3.1.1 Effective trade and travel policy and regulation settings contributes to Australia’s economic prosperity. | |
PERFORMANCE METRIC | RESULTS |
3.1.1.1: The Department develops and implements border and customs modernisation reforms in line with Government priorities * | This metric was met. In 2019–20, the ABF continued to develop a customs and border modernisation agenda. Short to medium-term initiatives, which form an evidence base for Government, were progressed. Examples of the Department’s key activities in 2019–20:
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3.1.1.2: Increase in the number (in proportion to the volume) of travellers who use automated systems ^ | This metric was met. In 2019–20, 61.9 per cent of travellers used SmartGates, which is an increase of 0.5 per cent compared to results in 2018–19.1 In 2019–20, the ABF processed 32.7 million international air travellers, compared to more than 44.7 million 2018–19. The decrease in the number of travellers arriving in Australia was due to the impact of world-wide COVID-19 restrictions on travel. Current border restrictions and adjustments to clearance processes will continue to impact the use of SmartGates as passengers may be required to use non-automated systems to ensure health-related requirements are met. |
3.1.1.3: Number of businesses accredited as Australian Trusted Traders (ATT) increases compared with the previous year # | This metric was met. The Department and the ABF continued to promote legitimate two-way trade through the ongoing implementation of the ATT program. In 2019–20, 340 new entities were accredited as Trusted Traders, which is an increase of 107 entities compared to the 233 accredited in 2018–19. As at 30 June 2020, there were 765 ATTs accredited, representing 10.71 per cent by volume and 18.42 per cent by value of Australia’s two-way trade. The growth in accreditations is expected to continue into 2020–21, remaining consistent at around 50 new accreditations per quarter, however this may be impeded by COVID-19. The ABF continues to target a mix of high volume and high value entities, small and medium entities, and service providers to the program. In November 2019, the ABF’s ATT program ‘Origin Waiver benefit’ was expanded to least developed and developing countries. The Origin Waiver benefit reduces non-tariff barriers to trade for importations from over 90 per cent of economies globally. This encourages trade volumes and reduces the cost of doing business for ATT. |
3.1.1.4: 100 per cent of accredited ATTs, subject to quality assurance processes, pass or are subject to compliance activity * | This metric was met. All accredited ATTs subject to quality assurance processes by the ABF in 2019–20 passed. Of the 426 quality assurance processes undertaken, no accredited Trusted Traders failed or were identified for further compliance activity. As a result, no accredited Trusted Traders had further compliance activities completed during 2019–20. Prior to accreditation as Trusted Traders, entities are subject to detailed quality assurance processes. Periodic risk-based compliance activity is scheduled for all Trusted Traders post-accreditation. Applicants that ‘fail’ pre-accreditation or accreditation checks are not admitted in to the ATT program until they comprehensively address any identified issues and reapply. To ensure ongoing compliance within the Trusted Trader cohort, the Department undertakes secondary follow-ups where necessary. Re-validation activities of accredited entities will become a key focus area in 2020–21. |
3.1.1.5: Number of Mutual Recognition Arrangements (MRA) in place are maintained or increased compared to the previous year * | This metric was met. As at 30 June 2020, Australia had eight Mutual Recognition Arrangements (MRAs) consistent with the number in place during 2018–19. The ABF signed Australia’s most recent MRA with Japan on 27 June 2019. The ABF actively maintains MRAs through activities including detailed monthly data exchanges, periodic engagement with partner customs administrations to discuss any issues regarding our respective Authorised Economic Operator schemes, and annual surveys between customs administrations. The ABF continues to pursue MRAs with key partner economies based on the size of the trade relationship and industry interest. The ABF concluded negotiations on a new MRA during 2019–20, however, it has not yet been possible to sign this MRA due to travel restrictions imposed since March 2020. MRAs are complex agreements and signing is based on an array of variables. |
3.1.1.6: Advice provided to industry regarding tariff classification, valuation and rules of origin is provided within service standards # | This metric was partially met. The Department and the ABF continued to promote Australia as a preferred trade option by contributing to a positive, seamless trade experience for legitimate traders. In 2019–20, the Department received 2244 requests for tariff classification advice. This represents an increase from 2100 received in 2018–19. Of the requests received, 81.0 per cent of tariff classification advices were completed within services standards (advice provided within 30 days of receiving all required information in 85 per cent of cases). This represents an increase from 67.0 per cent in 2018–19. Additionally, the Department received 267 requests for valuation and rules of origin advice in 2019–20. This represents a decrease from 411 requests received in 2018–19. Of the 267 requests received, 92.5 per cent of valuation and rules of origin advices were completed within service standards (advice provided within 30 days of receiving all required information). This represents a slight increase from 92.0 per cent in 2018–19. Service standards for valuation and rules of origin advices vary for each individual Free Trade Agreement. The Department measures success against a baseline of advice being provided within 30 days of receiving all required information as this is the minimum service standard set within an active Free Trade Agreement. This includes in instances where the individual service standard may be greater than 30 days. |
3.1.1.7: The proportion of licence holders under the Customs Act 1901 who have their licence suspended or revoked * | This metric was met. The Department and the ABF continued to promote lawful trade by ensuring compliance with the framework of controls that seek to maintain and facilitate the integrity of goods moving through the border. Depot and Warehouse Licensing As at 30 June 2020, there were 625 registered depot and warehouse licence holders in comparison to the 623 registered at 30 June 2019. 0.8 per cent of registered depot and warehouse licence holders had their licence suspended or revoked in 2019–20. The ABF received five referrals to suspend a depot or warehouse licence, of which all were suspended or revoked. This represents an increase compared to 2018–19 where only one referral was received and one depot or warehouse license holder had their licence suspended or revoked. Broker Licensing As at 30 June 2020, there were 2121 registered broker licence holders in comparison to 2141 as at 30 June 2019. During 2019–20, the ABF referred 32 customs brokers (and an additional three which remained from the previous year) to the National Customs Broker Licensing Advisory Committee (NCBLAC) of which:
A total of 0.66 per cent of registered broker licence holders that had their licence suspended or revoked in 2019–20 in comparison to 0.28 per cent in 2018–19. |
1 Statistics provided are subject to change as data may be updated within systems to reflect actual travel undertaken by passengers.
MEASURE 3.1.2 Border revenue laws and processes increase revenue collection and reduce revenue evasion | |
PERFORMANCE METRIC | RESULTS |
3.1.2.1: Total revenue collected from customs duty, Import Processing Charge and Passenger Movement Charge achieves Portfolio Additional Estimates Statements (PAES) estimates ^ | This metric was not met. In 2019–20, the Department and the ABF actively collected revenue totalling $20.778 billion from Customs Duties, Import Processing Charge and Passenger Movement Charges in accordance with Government settings. This revenue was down by $1.667 billion against the PAES estimates, but increased by $3.217 billion (or 18.3 per cent) over the $17.561 billion collected in 2018–19. The increase is largely due to the 2018–19 Budget measure Black Economy Package—combatting illicit tobacco where revenue was recognised for all tobacco stocks held in Excise Equivalent Goods (EEG) licensed warehouse as at 1 July 2019. Additionally, collections were also impacted by the COVID-19 pandemic and the associated border restrictions and social distancing measures imposed by the Government in 2019–20. In 2019–20, the Department and the ABF collected the following revenue:
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3.1.2.2: 100 per cent of refunds and drawbacks under the Refund Scheme are delivered in accordance with published service standards # | This metric was partially met. In 2019–20, the Department and the ABF maintained or delivered improvements against service standards for refunds and drawbacks. The ABF approved $419.4 million in drawbacks in 2019–20, an increase of 54 per cent from $273.0 million for 2018–19. During 2019–20, 2481 drawbacks claims were processed. This is a decrease of 2.3 per cent from 2540 in the same period in 2018–19. Of these, 95.2 per cent met client service standards (processed within 30 days of receiving all required information). This was an increase from 93.7 per cent in 2018–19. Drawbacks processing was impacted by the ABF Operation CABESTRO, which was launched following a review of the Duty Drawback Scheme to investigate allegations of large scale fraud. The ABF approved $263.4 million in refunds in 2019–20 as compared to $249.6 in 2018–19, an increase of 6 per cent. 98.7 per cent of refunds were paid within the client service standards (assessed within 30 days of receiving all documents). This is consistent to 98.8 per cent for 2018–19. Actual performance against the service standard is likely to be higher due to cases where documents were requested but never received to support refunds which were then subsequently rejected. The total value of refunds and drawbacks in 2019–20 was higher ($682.7 million) than the 2019–20 MYEFO estimate of $500 million. The increase is partially due to drawback claims related to Excise Equivalent Goods (EEG) including alcohol and tobacco. Drawbacks payments were also higher following the publication on 15 November 2018 of Australian Customs Notice (ACN) 2018/35 - Amendments to the Customs Act 1901 Collecting tobacco duties at the border. This meant from 1 July 2019, importers were required to pay import duty on tobacco products upon importation into Australia. This resulted in an upswing of the number of duty drawback claims for tobacco products that were subsequently exported. Prior to publication of the ACN, tobacco products were routinely imported directly into under-bond warehouses without the need to pay duties and taxes at the time of import, therefore nullifying usage of the duty drawback scheme. |
3.1.2.3: Amount ($) of detected revenue evasion – duty/taxes * | This metric was met. In 2019–20, revenue evasion identified by the Department and the ABF resulting from Investigation and Compliance activities was $136.70 million, compared to $134.53 million in 2018–19 (1.61 per cent increase). Activities included post transaction verifications, pre-clearance interventions, voluntary disclosures, refused refund and the general monitoring program. Factors contributing to these results include:
During 2019–20, the ABF increased compliance activities targeting dumping duties and GST exemption misuse, resulting in substantial revenue detections during the reporting year. However, the ABF remained operationally agile in providing significant support to COVID-19-related activities. From March 2020, resources were diverted from traditional activities targeting revenue evasion to support the COVID-19 response, particularly in relation to the identification of import and export of critical medical and surgical supplies and securing and facilitating legitimate trade of these supplies. |
ACTIVITY 3.2 Effective security and maritime surveillance |
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MEASURE 3.2.1 Border security and contemporary maritime surveillance activities reduce the number of people and goods crossing Australian borders that pose a risk | |
PERFORMANCE METRIC | RESULTS |
3.2.1.1: Maintain 2018–19 clearance volumes of cargo within air, sea and international mail * | This metric was partially met. Despite disruption in trade due to the COVID-19 pandemic in the second half of the 2019–20 financial year, there has been an overall increase in the number of air and sea cargo consignments cleared in comparison to 2018–19. However there has been an overall decrease in actual volume of air cargo and value of sea cargo. In 2019–20 the ABF cleared the following: Air cargo 57,736,091 air cargo consignments, compared to 53,048,477 in 2018–19 (8.84 per cent increase). The number of air cargo consignments increased by 8.84 per cent, however, the actual volume of air cargo reduced by 9 per cent overall as a result of an increase in smaller e-commerce goods and a reduction in large volume consignments being imported by business. Sea cargo 4,487,627 sea cargo consignments, compared to 3,380,878 in 2018–19 (32.74 per cent increase). The cancellation of flights from China in February 2020 contributed to a number of cargo consignments being diverted to the sea cargo stream resulting in an overall increase in sea cargo consignment numbers. However, the sector saw a decrease in the overall value of cargo arriving by sea. International mail The ABF has continued to facilitate legitimate trade across Australia’s borders, including through the clearance of cargo arriving through international mail. Throughout 2019–20, as a result of the COVID-19 pandemic impacts, the volume of international mail decreased in comparison to 2018–19.1 |
3.2.1.2: Number and weight of detections by category in trade and traveller streams ^ | This metric was met. Disruptions to travel and trade during 2020 as a result of COVID-19 border restrictions have impacted detection volumes in 2019–20. The impact of the COVID-19 pandemic has seen significant reductions in passenger and mail volume along with fluctuations in cargo volume across air and sea. This has impacted the ABF’s detections in both the trade and traveller streams. The ABF has focused on targeting high risk consignments across all Operational Priorities, despite this unprecedented disruption to international trade and travel. This has seen an overall increase in detections of illicit drugs, and firearms in 2019–20. However, there has been an overall reduction in the weight of detected major illicit drugs and precursors, and the number of and weight of detected illicit tobacco. In 2019–20, the ABF detected the following: Drug detections (trade and travel streams) 40,223 major illicit, prohibited and restricted drugs, compared to 35,874 in 2018–19 (12.12 per cent increase). The weight of detected major illicit drugs and precursors was approximately 10,881.52 kilograms compared to approximately 19,962.84 kilograms in 2018–19 (45.49 per cent decrease). Firearms detections (trade and travel streams) 2541 undeclared conventional firearms, parts and accessories, compared to 2269 detections in 2018–19 (11.99 per cent increase). The increase in firearm detections in 2019–20 compared to 2018–19 could be partially attributed to an increase in the detection of magazines. Tobacco detections (trade and travel streams) 157,549 undeclared tobacco detections, compared to 286,657 detections in 2018–19 (45.04 per cent decrease). The tobacco detections have an equivalent weight of 494.28 tonnes, compared to 631.32 equivalent tonnes in 2018–19 (21.71 per cent decrease). Overall detections in international mail Detections in international mail increased to 179,151 in 2019–20, compared to 79,685 in 2018–19 (124.8 per cent increase). The increase in international mail detections for 2019–20 can be attributed to the Black Economy Taskforce initiative to legislate a prohibition on tobacco importations through the international mail stream as of July 2019. Tobacco detections represent 64 per cent of the total international mail stream detections (115,435 out of a total 179,151). |
3.2.1.3: Maintain 2018–19 clearance volumes of international air and sea travellers * | This metric was not met. In 2019–20, the ABF processed 32.73 million international air travellers and 2.27 million sea travellers at the border, compared to 44.74 million international air travellers and 2.66 million sea travellers in 2018–19. This represents a 26.83 per cent reduction in the number of international air travellers and a 14.33 per cent reduction in sea travellers in 2019–20 compared to 2018–19. As a result of the COVID-19 pandemic, the ABF introduced restrictions for travellers from certain countries in February 2020. On 20 March 2020, the travel ban was expanded to prohibit entry to Australia of all non-exempt foreign nationals. On 25 March 2020, a travel ban was implemented disallowing all Australian citizens and permanent residents from departing Australia unless exempted. In Quarter 3 of 2019–20, the number of international air travellers declined by 17.77 per cent and the number of sea travellers declined by 8.27 per cent while in Quarter 4 the number of international air travellers declined by 97.55 per cent and sea travellers declined by 49.94 per cent compared to the same periods in 2018–19. While international traveller movement steadily increased throughout Quarters 1 and 2 in 2019–20, the significant decrease in Quarters 3 and 4 resulted in an overall decline for 2019–20. |
3.2.1.4: Assessment of interdictions/immigration refusals pre-border and at the border compared to previous years ^ | This metric was met. In 2019–20, 2274 people were refused immigration clearance at the border, a reduction of 45.74 per cent compared to 4191 immigration refusals in 2018–19. This reduction is largely attributed to the significant decrease in people movement due to COVID-19 border restrictions. The ABF has focused its effort on pre-border interdiction using the Airline Liaison Officer (ALO) network and the ABF Border Operations Centre (BOC) capability. A total of 704 (361 ALO and 343 BOC) travellers were identified attempting to travel to Australia with fraudulent or improperly obtained travel documents, which is a 26 per cent increase compared to 2018–19. Airline Liaison Officers In 2019–20, ALOs interdicted 361 improperly documented persons attempting travel to Australia, compared to 387 in 2018–19, a 6.72 per cent decrease. Due to the COVID-19 pandemic, ALOs have been withdrawn from all overseas ports with the exception of an ALO in Doha, Johannesburg, as well as a First Secretary in Kuala Lumpur and Dubai respectively. These officers continue to work closely and engage with host government authorities and stakeholders to assist airlines with facilitation and complex issues involving Australian nationals and permanent residence travellers seeking to return to Australia. There has been an upwards trend in ALO interdictions over the past two years as a result of improved risk profiling, engagement and training activities offshore. The reduction in 2019–20 compared to 2018–19 can be directly attributed to the reduction in people movement as a result of COVID-19 travel restrictions. Border Operations Centre In 2019–20, the BOC interdicted 343 improperly documented passengers, a significant increase of 99.4 per cent compared to 172 in 2018–19. The majority of BOC interdictions are for passengers that attempt travel on fraudulently obtained visas by misrepresenting nationality on visa application. In 2019–20, the BOC denied uplift to 11,229 passengers on inbound and outbound travel. Denied uplift passengers included 563 passengers who were the subject of an alert, 205 travellers with cancelled visas and 102 travellers attempting travel on travel documents reported on the Interpol Stolen and Lost Travel Documents Database. This represents a reduction of 11.8 per cent compared to 2018–19 when 12,730 passengers were denied uplift by the BOC. Due to the COVID-19 travel restrictions, the BOC authorised 84,753 Government overrides to authorise inbound and outbound travel for passengers in 2019–20, reflecting an increase of 94.8 per cent compared to 2018–19 when 43,501 passengers were provided Government overrides to facilitate travel. |
3.2.1.5: Number of high risk traveller alerts actioned on behalf of partners * | This metric was met. In 2019–20, 100 per cent of intelligence-informed national security alerts were actioned at the border, including alerts on behalf of partners.2 A total of 9954 high-risk traveller alerts were received and actioned on behalf of partner agencies in 2019–20, compared to 14,378 received and actioned in 2018–19. The decrease in alerts received and actioned compared to 2018–19 can be attributed to a decrease in travel by those subject to alert due to COVID-19 travel restrictions. |
3.2.1.6: 100 per cent of unlawful non-citizens in immigration detention, are detained and/or returned/removed in accordance with Australian legislation ^ | This metric was met. In 2019–20, 100 per cent of unlawful non-citizens in immigration detention were detained and/or returned or removed in accordance with Australian legislation, consistent with 2018–19. In 2019–20, there were 18,487 unlawful non-citizens detained in Australia compared to 6992 unlawful non-citizens detained in 2018–19, an increase of 164.4 per cent. Of these, 14,113 were detained in Australia on board vessels under section 249 of the Migration Act 1958 in order to enforce COVID-19 compulsory quarantine measures on board where crew members were less than 14 days from last port of departure. Therefore, 4374 unlawful non-citizens were detained in Australia under section 189 of the Migration Act 1958 (37.44 per cent decrease when compared to 2018–19). In 2019–20, 10,505 unlawful non-citizens were returned from the Australian community or removed from onshore detention, compared to 12,985 in 2018–19, a decrease of 19.1 per cent. All officers acted in accordance with Australian law based on the information available to them at the point of detention. The ABF continues to prioritise its work against the ABF Operational Priorities, maintaining critical field compliance activities and affording the highest priority to targeting high-risk unlawful non-citizens who pose a significant risk to the Australian community. The ABF is currently limited in its ability to facilitate the removal of unlawful non-citizens due to flight restrictions and travel bans as a result of COVID-19. The ABF is continuing to work to facilitate the timely and safe removal of unlawful non-citizens as soon as practicable in line with COVID-19 requirements. |
3.2.1.7: Average number of people in detention ^ | This metric was met. In 2019–20, the average number of persons in held detention was 1414. This is an increase compared to 2018–19 where the average number was 1308. The transfer of people under the Miscellaneous Measures Act 2019 (repealed on 5 December 2019) contributed to the increased average number of people in detention. As at 30 June 2020, 167 medical transferees under the now repealed Medevac legislation were in immigration detention (including alternative places of detention). Average number of people in detention in 2019–20:
The ability of the ABF to facilitate removals of those held in immigration detention was impacted by flight restrictions and travel bans that resulted from the Government’s response to COVID-19. This was and will continue to be a stressor on the immigration detention population and will continue to impact the ABF’s field operations, including efforts to re-balance the Immigration Detention Network population between detention centre locations. |
3.2.1.8: 95 per cent of funded sea going days are completed* | This metric was not met. In 2019–20, the ABF achieved 69.2 per cent (2298 days) of its 3320 funded sea going days. While the results are below the target range of 95 per cent, the figure represents an improvement of 4.7 per cent compared to 2018–19 patrol days (2195 days). This is despite the significant pressures on vessel availability during 2019–20. The total days achieved in 2019–20 was impacted by an unprecedented maintenance program for 2019–20, which includes five-yearly Depot Level Maintenance for five of the Cape Class vessels, in addition to Annual Surveys, Intermediate Level Maintenance and unavoidable work across the fleet to address emergent safety issues. |
3.2.1.9: 95 per cent of funded air surveillance days are completed * | This metric was partially met. In 2019–20, the combined flying hours completed across both service providers resulted in achievement of 93.62 per cent (15,212.91 hours) of the maximum funded aerial surveillance hours of 16,250. This is comparable to the 2018–19 financial year figure of 92.56 per cent (15,921.41 hours) out of maximum funded aerial surveillance hours of 17,200. In 2019–20, both service providers experienced impacts to the delivery of flying hours due to planned heavy maintenance and unscheduled maintenance. Some maintenance rectification activity was delayed due to COVID-19 travel restrictions and the reduction in international/domestic flights that assist in the global aviation industries spare parts distribution network. The ABF continues to engage with both aviation surveillance service providers on options to improve performance and availability. The ABF expects to see an increase in flying hours in 2020–21. |
3.2.1.10: 100 per cent of identified non-compliant vessels operating in the Australian Maritime Domain, were subject to a prioritised, risk-based law enforcement response ^ | This metric was met. During 2019–20, 100 per cent of identified non-compliant vessels operating in the Australian Maritime Domain (AMD) were subject to a prioritised, risk-based law enforcement response, consistent with results in 2018–19. During 2019–20, there have been:
The ABF’s COVID-19 response impacted a number of essential activities undertaken by operational units. The ABF has changed its approach to boarding activities to meet additional safety requirements. To address this, the ABF developed a set of procedures and physical measures to ensure that maritime interdictions and deterrence capabilities continued. These have proven successful and law enforcement efforts in the civil maritime space have not been hampered. |
3.2.1.11: ABF undertake law enforcement responses to illegal maritime arrivals consistent with Government policies * | This metric was met. In 2019–20, a total of three vessels were intercepted and detained under the Maritime Powers Act 2013 for maritime people smuggling, of which zero vessels reached Australia. For each of the three ventures intercepted in 2019–20, all potential illegal immigrants on board the ventures were safely returned to their country of origin, consistent with Australian Government border protection policies and Australia’s international protection obligations. The ABF’s partner agencies continued to exchange intelligence and cooperate with regional partners throughout 2019–20 to further deter and disrupt maritime people smugglers. Numerous undertakings were disrupted, most very early in their journey, with only two with Australia as the confirmed destination. This takes the total number of foreign law enforcement disruptions of ventures targeting Australia to 83 since the commencement of Operation Sovereign Borders (OSB). In April 2020, following an investigation by the Australian Federal Police (AFP), one person was sentenced to an aggregate term of 12 years imprisonment for his role in facilitating multiple people smuggling ventures from Indonesia to Australia between November 2011 and May 2013. In June 2020, the AFP also arrested two people in Cairns and Newcastle for alleged involvement in an attempted maritime people smuggling venture in January 2020, which was intercepted by OSB. Both men have been charged with people smuggling offences and have been remanded in custody. COVID-19 global border controls and international movement restrictions further supressed maritime people smuggling activity, reducing the number of disruptions in Quarter 3 and Quarter 4. The ABF continued to deliver the Zero Chance messaging campaign, which is a critical component of the multi-layered OSB approach. The Zero Chance branded online advertising generates thousands of views of deterrence messaging each month through YouTube, Facebook, Google, online gaming, mobile apps and popular websites. During 2019–20, the Zero Chance campaign (online elements) had a total audience reach of 36,825,333 persons in source and transit countries. This campaign further suppresses maritime people smuggling activities and has contributed to a reduction in the willingness of potential illegal immigrants to consider an illegal maritime journey to Australia. In support of OSB’s mission to combat maritime people smuggling and to reinforce relationships with key law enforcement, migration and intelligence partners the OSB Commander continued to meet with international partners, including New Zealand, Sri Lanka, India, Malaysia and Indonesia. Due to the impacts of the COVID-19 pandemic, further international engagements were cancelled, deferred or occurred virtually. |
3.2.1.12: Qualitative assessment demonstrates the impact of strengthening relationships with partner governments to improve border security # | This metric was partially met. Through international cooperation, the Department seeks to strengthen relationships with partner governments to improve migrations, border management and national security outcomes. International travel bans, border closures and quarantine efforts have had an adverse impact on engagement and strengthening relations with partner governments in improving border security. Of the 187 International Capability Building Program (ICBP) projects and activities, 82 were cancelled or delayed, which represents 44 per cent of the total planned programs, compared with only 1 per cent of cancelled or delayed programs in the previous financial year. The majority of practical activities between February and June 2020 have been cancelled or deferred to the 2020–21 financial year. Despite these challenges, the Department and the ABF undertook a range of activities in 2019–20 to strengthen our relationships with partner governments and to improve border security. Examples of the Department’s key activities in 2019–20:
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3.2.1.13: Number of infringement notices issued for trade and travel non-compliance ^ | This metric was met. In 2019–20, the Department and the ABF actively targeted non-compliance through the issuing of infringements to deter illegal activities and encourage increased compliance with border revenue laws and processes. In 2019–20, the Department issued:
The decrease in trade-related infringement notices reflects a pivot to real-time interventions on COVID-19-related goods restrictions at the border and officers being redeployed to other COVID-19-related priorities. The significant reduction in the issuing of infringement notices by the ABF in the passenger stream is attributed the reduction of travellers crossing the border due to COVID-19 border restrictions. |
1 The number of international mail items is commercial-in-confidence and is unable to be reported in the Annual Report.
2 ‘Actioned at the border’ means that an alert was triggered at the border and was recorded in the Alerts Management System as being a ‘confirmed match’ during that period.
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https://www.transparency.gov.au/annual-reports/department-home-affairs/reporting-year/2019-20-35