Airport Appointment and Revocation (No. 21/21) – Hobart International Airport

Overview

The Customs Act 1901 was enacted by the Parliament of Australia and provides the legislative framework for the regulation of customs and excise within Australia. This Act was amended to address the need to update the operational framework of customs at airports, particularly in light of changes in airport infrastructure and operations. The 2021 amendment revokes the previous appointment of Hobart Airport under Customs Proclamation No. 1011, which was published in 1960, and instead appoints Hobart International Airport as the designated customs airport. This amendment aims to ensure that the Customs Act continues to effectively manage the importation and exportation processes at this key international gateway in Tasmania. The policy objective is to streamline customs operations in alignment with modern airport facilities and international trade requirements.

Scope and Application

The Customs Act 1901, as modified by the Gazette Notice C2021G00748, outlines significant changes to the administrative arrangements for Customs operations at airports within Australia. This notice specifically addresses the revocation of the existing customs designation for Hobart Airport, as previously established under Customs Proclamation No. 1011, and the subsequent appointment of Hobart International Airport as the new customs airport. The notice is executed under the authority delegated to Jasmina Ackar, a delegate of the Comptroller-General of Customs, and is effective from the date of its publication. The geographic reach of this Act is confined to the State of Tasmania, with the newly defined limits of Hobart International Airport as an airport under the Customs Act specified within the notice. Any exclusions, exemptions, or thresholds that might apply are not explicitly mentioned in the notice but would be governed by the broader provisions of the Customs Act 1901. The application of the Act is further delineated through the attachment provided, which visually marks the boundaries of the newly appointed airport.

Key Provisions

The Customs Act 1901 (Cth) outlines the regulations concerning the designation and operation of airports for customs purposes. Under this Act, the delegate of the Comptroller-General of Customs, Jasmina Ackar, has issued a notice revoking the previous appointment of Hobart Airport as an airport under Customs Proclamation No. 1011 and has instead appointed Hobart International Airport as an airport (section 15(1)(b)). This notice specifies that the limits of the new airport are defined by the area within the red boundary line as depicted in Attachment A. In terms of obligations and requirements, the Act imposes certain duties on the parties involved. The delegate of the Comptroller-General of Customs is tasked with ensuring that the designated airport meets all necessary criteria for customs operations. This includes maintaining clear and defined boundaries, which are crucial for the effective management and control of customs activities at the airport. The new appointment of Hobart International Airport requires compliance with these criteria, ensuring that the airport operates within the specified limits and adheres to all customs regulations. For breaches of the Customs Act 1901, the legislation stipulates various penalties and consequences. Under section 285 of the Act, a person who contravenes the Act, or an order or direction made under it, is liable to a penalty. The maximum penalty for a corporation can be up to 500 penalty units ($96,500 as of 2021), while an individual may face up to 100 penalty units ($19,300 as of 2021). Additionally, for serious offences, individuals can face imprisonment for up to 2 years, and corporations can be fined up to 10,000 penalty units ($1,930,000 as of 2021). These stringent penalties underscore the importance of compliance with the Act's provisions regarding the operation and management of customs airports.