Boarding Station Appointment and Revocation (No. 21/12) – Port of Port Alma (Rockhampton) – Boarding Station 1

Overview

The Customs Act 1901, enacted by the Parliament of Australia, serves to regulate customs and border control across Australia. This legislation aims to facilitate efficient and effective border management, ensuring compliance with customs laws and the protection of national security. The Act was introduced to address the need for a comprehensive legal framework governing customs operations, including the regulation of goods entering and leaving the country, and the control of persons and vessels. The policy objective of the Customs Act 1901 is to maintain the integrity of the Australian border while facilitating legitimate trade and travel. The revocation and appointment of a boarding station in the Port of Port Alma, Rockhampton, as outlined in the notice issued under paragraph 15(2)(b), exemplifies the Act's ongoing role in adapting to changing operational requirements to maintain these objectives.

Scope and Application

The Customs Act 1901 governs the regulation of imports and exports in Australia, and through its various provisions, it facilitates the administration of customs duties and compliance with related laws. This particular notice, issued under paragraph 15(2)(b) of the Act, specifically addresses the revocation and reappointment of a boarding station at the Port of Port Alma in Rockhampton, Queensland. The notice revokes the previous appointment of a boarding station in the Port of Port Alma, which was established by a notice published in the Commonwealth of Australia Gazette No. GN 1 on 6 January 1999, and reappoints a new area within the port, as delineated by the red boundary line in Attachment A, as the designated boarding station. This reappointment aims to ensure the efficient and effective enforcement of customs regulations within the specified area of the port. The notice applies to any person or entity involved in customs operations at the port and is subject to the broader provisions and jurisdictional reach of the Customs Act 1901.

Key Provisions

The Customs Act 1901 (sections 15(2)(b)) includes provisions that allow for the appointment and revocation of boarding stations at ports. In this particular case, section 15(2)(b) allows a delegate of the Comptroller-General of Customs to revoke a previous notice appointing a boarding station at the Port of Port Alma in Queensland and to appoint a new boarding station within a specified area of the port. The revocation and new appointment, as detailed in the notice published in the Commonwealth of Australia Gazette No. GN 1 on 6 January 1999, are superseded by this new notice dated 10 May 2021. The specified area for the new boarding station is outlined in Attachment A to this notice. The obligations imposed by this Act on the parties or entities it governs include adherence to the newly appointed boarding station's boundaries and procedures. Custom officers and personnel must operate within the defined area to carry out their duties effectively. Additionally, entities such as shipping companies and port authorities must facilitate the operations of customs officers by ensuring that the designated area is accessible and that any required infrastructure is in place. Furthermore, the Act requires that all relevant stakeholders be notified of the changes in the boarding station’s location to ensure compliance and smooth operations at the port. Failure to comply with the provisions of the Customs Act 1901 can result in civil or criminal consequences. For instance, obstructing the duties of a customs officer or providing false information can lead to criminal charges. Under the Act, such offences can attract penalties, including fines and imprisonment. The maximum penalties for these offences are stipulated within the Act, with the exact amounts depending on the severity and nature of the breach. Additionally, non-compliance can also lead to civil penalties, which may include financial compensation or other remedies as deemed appropriate by the relevant authorities. These measures are designed to ensure that the Act's provisions are upheld and that the operations of the Australian Border Force are not impeded.