Customs Amendment (Preventing Child Labour) Bill 2023

High-Level Summary

Amends the Customs Act 1901 to prohibit a person from importing goods involving child labour into Australia in certain circumstances where the importer has not complied with a notice in relation to the goods.


Summary
The bill modifies the Customs Act 1901 to introduce civil penalties and import bans for goods linked to child labour. An importer may receive a notice if an authorised officer suspects their goods involve child labour. Notices require importers to provide information or take corrective action within three months. Failure to comply can result in penalties scaling up to a total ban after 48 months. The definition of child labour is consistent with the International Labour Organisation Convention No. 138, focusing on underage work that interferes with compulsory education. The bill is designed with phased penalties to allow businesses time to adjust, ensuring international trade standards are met without adverse economic impacts.

Argument For
Normative Bases
  1. Non-Discrimination
  2. Pro-Democracy
  3. Egalitarianism

The bill should be supported because it aligns with international efforts to eradicate child labour and ensure children in foreign countries have access to education, which is a fundamental human right [Judgment]. By focusing on education, the bill aims to break cycles of poverty and improve long-term economic outcomes for children and their communities. Furthermore, it provides a structured approach for importers to amend their supply chains responsibly, thereby promoting ethical business practices without immediate economic fallout.


Argument Against
Normative Bases
  1. Hobbesianism
  2. Propertarianism

The bill should be opposed because it may inadvertently harm local economies in developing countries by removing a source of income before alternative arrangements are in place [Judgment]. Although the bill allows for a transition period, the economic impact on families who rely on child labour for survival may be significant. Additionally, the administrative burden on importers to verify supply chains could increase operational costs, potentially leading to higher consumer prices [Judgment].


Date:

2023-11-29

Status:

Before Senate

Sponsor:

ROBERTS, Sen Malcolm

Portfolio:

Unspecified

Categories:

Discrimination / Human Rights, Trade Policy, Criminal Law Reform

Timeline:
29/11/2023

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