Boarding Station Appointment and Revocation (No. 21/08) – Essendon Airport – Boarding Station 1

Overview

The Customs Act 1901 was enacted to provide for the administration of revenue laws relating to customs and excise, and to facilitate the movement of goods across Australian borders. One of the key objectives of the Act is to regulate and control the importation and exportation of goods, ensuring compliance with customs and excise regulations. The Act was introduced to address the need for a cohesive legal framework governing the collection of customs duties and the regulation of trade, thus supporting the economic stability and security of Australia. This legislation was enacted by the Parliament of Australia and is administered by the Australian Border Force, which is responsible for the enforcement and regulation of customs and border control activities. The policy objective of the Customs Act 1901 is to efficiently manage and protect the nation's borders while facilitating legitimate trade and travel, thereby contributing to Australia's economic prosperity and national security.

Scope and Application

The Customs Act 1901, as amended and applied through the notice C2021G00257, pertains to the revocation and appointment of specific areas within Essendon Airport in Victoria as boarding stations. This act applies to the designated areas of Essendon Airport as indicated in Attachment A to the notice, which are now officially recognised as boarding stations for customs purposes. The notice revokes the earlier Customs Proclamation No. 1213 from 1968, which had appointed a broader area at Essendon Airport as a boarding station, and replaces it with a more defined area. The scope of the act is confined to the Commonwealth of Australia and specifically targets the operational aspects of customs boarding stations within the airport. There are no stated exclusions or exemptions in the notice, but the precise boundaries of the new boarding stations are detailed in the accompanying Attachment A. The application of this act is further extended or restricted through subordinate instruments as necessary, ensuring compliance with customs regulations and border control measures.

Key Provisions

The main operative sections of the Customs Act 1901, as evidenced in this notice, involve the revocation and appointment of boarding stations at Essendon Airport. Specifically, section 15(2)(b) grants the delegate of the Comptroller-General of Customs the authority to make such appointments. The notice revokes the previous Customs Proclamation No. 1213, which designated Essendon Airport as a boarding station in 1968 (section 15(2)(b)). It also appoints new areas at Essendon Airport, as specified in Attachment A, as the boarding stations effective from 12 April 2021. The Act imposes certain obligations and requirements on the parties governed by it. The delegate of the Comptroller-General of Customs, in this case, Jasmina Ackar, must follow the procedures outlined in the Act to appoint or revoke boarding stations. This includes ensuring that the new areas designated as boarding stations comply with the Act's requirements and are clearly marked as per Attachment A. Furthermore, the delegate must publish the notice in the Commonwealth of Australia Gazette, as required, to inform the public of the changes. Breaching the provisions of the Customs Act 1901 can lead to various civil or criminal consequences. While the notice itself does not specify the penalties, the Act generally provides for substantial penalties for non-compliance. For instance, under section 241 of the Act, a person who contravenes the Act may be liable for a penalty of up to $22,200 for individuals and $111,000 for bodies corporate, depending on the severity of the offence. Additionally, the Act allows for criminal prosecution, which could result in imprisonment if the breach is considered serious enough. The exact penalties depend on the specific provisions of the Act that are contravened and the discretion of the court.