This unit involves the skills and knowledge required to review the decisions of regulatory bodies including current Australian Government departments with the responsibility for customs issues. It includes evaluating the need to initiate and/or respond to a dispute, developing and submitting a response and initiating further action.

This unit applies to individuals who work in the role of Customs Broker in an on-the-job environment.

No licensing, legislative or certification requirements apply to this unit at the time of publication.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1

Determine review options

1.1

Regulatory body decision is evaluated

1.2

Available internal appeal procedures are explained and exhausted

1.3

Available review mechanisms are outlined

1.4

Consultation is held with client

2

Develop dispute response

2.1

Appropriate dispute resolution protocols are followed

2.2

Stakeholders are engaged and consulted in response to development process

2.3

Response is drafted and feedback is sought from stakeholders to refine response as required

3

Submit dispute response

3.1

Import declaration is paid under protest in accordance with Customs Act Section167 as required

3.2

Dispute response documentation is forwarded to relevant regulatory authority in accordance with workplace procedures

4

Initiate further action

4.1

Dispute response is read and outcomes are evaluated to determine appropriateness of further action

4.2

Stakeholders are consulted about appropriateness of further action and advice about escalating and/or retreating is provided

4.3

Appropriate action is taken based on stakeholder consultation, in accordance with workplace procedures

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria on at least one occasion and include:

applying escalation and/or retreat processes as required

communicating with clients to outline further actions to be taken

determining action for the effective resolution of outstanding issues

engaging and consulting with clients and stakeholders

ensuring currency of relevant legislative and regulatory knowledge

following procedures

reading and interpreting legislation

sequencing a submission in logical order.

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria and include knowledge of:

clearance advice procedures in accordance with border control policy sections of the Customs Act dealing with payments under protest

customs prosecutions

forfeiture, seizure and condemnation provisions of the Customs Act

internal and external appeal processes for reviewing decisions

monitoring and export examination powers under the relevant and current Customs Act, and related infringement notice guidelines and infringement notice regulations.

As a minimum, assessors must satisfy applicable regulatory requirements, which include requirements in the Standards for Registered Training Organisations current at the time of assessment.

As a minimum, assessment must satisfy applicable regulatory requirements, which include requirements in the Standards for Registered Training Organisations current at the time of assessment.

Assessment must occur in workplace operational situations where it is appropriate to do so. Where this is not appropriate, assessment must occur in simulated workplace operational situations that replicate workplace conditions.

Assessment processes and techniques must be appropriate to the language, literacy and numeracy requirements of the work being performed and the needs of the candidate.

Resources for assessment include:

a range of relevant exercises, case studies and/or simulations

applicable documentation including workplace procedures, regulations, codes of practice and operation manuals

relevant materials, tools, equipment and personal protective equipment currently used in industry.