Overview

The Customs Act 1901 (NI) was enacted to facilitate the integration of Norfolk Island with mainland tax and social security systems, commencing the delivery of essential national functions such as immigration, biosecurity, and customs. The Act applies a modified version of the Customs Act 1901 to Norfolk Island, maintaining a customs border required for these reforms. The "Approval of place for the examination of international mail No. 1 of 2016" legislative instrument was made under the authority of the Comptroller-General of Customs, approving the Norfolk Island Delivery Annex, Bicentennial Building, Taylors Rd, Norfolk Island NSW 2899 as a place for the examination of international mail. This approval allows Customs officers to exercise their powers to seize special forfeited goods or impound dutiable goods found during the examination of international mail at this location. The instrument was deemed minor and of a machinery nature, thus no consultation was required, and it commenced on 1 July 2016. The instrument is compatible with human rights as it does not engage, impact on, or limit any human rights and freedoms recognised in the international instruments.

Scope and Application

The "Approval of place for the examination of international mail No. 1 of 2016" legislative instrument, under the Customs Act 1901 (Norfolk Island) (Customs Act 1901 (NI)), specifies that the Norfolk Island Delivery Annex at the Bicentennial Building, Taylors Rd, Norfolk Island NSW 2899, is officially recognised as a Customs place. This approval allows customs officers to exercise their powers to seize special forfeited goods or impound dutiable goods when examining international mail at this location. The Act applies to any officers of Customs who are granted the authority to conduct such examinations and seizures. Geographically, this legislation pertains to Norfolk Island, aligning with the Australian Government's integration of Norfolk Island into mainland tax and social security systems, and the delivery of essential national functions such as immigration, biosecurity, and customs. The commencement of this instrument on 1 July 2016 aligns with the Norfolk Island Customs Ordinance 2016, which applies a modified version of the Customs Act 1901 and associated regulations to Norfolk Island. The approval is a minor legislative instrument and does not require consultation under section 17 of the Legislation Act 2003. The instrument is compatible with human rights as it does not engage, impact on or limit any human rights and freedoms recognised in international instruments.

Key Provisions

The "Approval of place for the examination of international mail No. 1 of 2016" (the Instrument) under subsection 183UA(2) of the Customs Act 1901 (NI) approves the Norfolk Island Delivery Annex, located in the Bicentennial Building on Taylors Rd, Norfolk Island NSW 2899, as a designated place for the examination of international mail (subsection 183UA(1)(f)). This approval permits customs officers to exercise their powers to seize special forfeited goods or impound dutiable goods found during the examination of international mail at this location. By establishing this place as a Customs place, the Instrument ensures that the examination of international mail aligns with the broader framework of customs regulations and enforcement activities. The Instrument imposes obligations on customs officers and entities operating at the Norfolk Island Delivery Annex. Customs officers are authorised to carry out their duties, including the seizure of special forfeited goods and the impoundment of dutiable goods, in accordance with the Act. The approved place must comply with the standards and procedures set out in the Customs Act 1901 (NI) and associated regulations, ensuring that the examination of international mail is conducted efficiently and in accordance with legal requirements. The entities operating at this location must facilitate the activities of customs officers, providing necessary access and cooperation for the examination process. Failure to comply with the requirements of the Customs Act 1901 (NI) may result in various civil and criminal consequences. Offences related to the seizure or impoundment of goods can lead to penalties, including fines and imprisonment. For example, section 203B of the Act addresses the seizure of special forfeited goods, while section 209 pertains to the impoundment of dutiable goods. The penalties for breaches of these provisions can include significant fines and imprisonment terms, depending on the severity of the offence. Additionally, any entity failing to cooperate with customs officers or obstructing their duties may face legal action, including fines or other penalties as prescribed by the Act. The legislative instrument is compatible with the human rights and freedoms recognised in international instruments, as outlined in section 3 of the Human Rights (Parliamentary Scrutiny) Act 2011. The Instrument does not engage, impact on, or limit any human rights and freedoms, ensuring that its provisions do not raise any human rights issues. This compatibility affirms that the approval of the Norfolk Island Delivery Annex as a Customs place aligns with the broader legal and human rights framework in Australia.