Customs Act 1901
Notice under Section 15
Boarding Station Appointment
Appointment No. 2539
I, Jeff Buckpitt, delegate of the Chief Executive Officer of Customs, under subsection 15(2) of the Customs Act 1901;
(a) appoint the area known as Darwin Airport Boarding Station in the territory of Northern Territory as a boarding station; and
(b) fix the limits of that boarding station in accordance with the description set out below;
All of that piece of hard standing, being an area of approximately 3.36 hectares and contained by a line commencing at a point which lies at the north-eastern corner of Bay 6 at a point (1) Latitude 12° 24’ 32.45” South, Longitude 130° 52’ 44.60” East; then in a south south-westerly direction for a distance of approximately 63 metres to a point Latitude 12° 24’ 34.40” South, Longitude 130° 52’ 43.90” East; then in a generally west north-westerly direction for a distance of approximately 373 metres to a point Latitude 12° 24’ 32.20” South, Longitude 130° 52’ 31.75” East; then in a north north-easterly direction for a distance of approximately 118 metres to the north-western corner of Bay 22 at a point Latitude 12° 24’ 28.40” South, Longitude 130° 52’ 39.50” East; then in an east south-easterly direction for a distance of approximately 385 metres to the point of commencement.
The map below shows an aerial view of these limits.
Geographic coordinates are referenced to the Geodetic Datum Australia (GDA94, MGA Zone 52).
Dated the 25th day of January 2013
Jeff Buckpitt
National Director
Passengers Division
Overview
The Customs Act 1901, enacted by the Australian Parliament, serves to regulate customs and border control, ensuring the smooth and secure movement of goods across the nation’s borders. This piece of legislation was introduced to address the need for effective customs management and border security, which is crucial for maintaining national security and economic integrity. Through the appointment of boarding stations, such as the Darwin Airport Boarding Station in the Northern Territory, the Act facilitates the enforcement of customs laws and the inspection of goods and passengers. This specific appointment, issued under Section 15 of the Act by a delegate of the Chief Executive Officer of Customs, aims to clearly define the area for customs operations at Darwin Airport, enhancing the efficiency and effectiveness of customs activities in the region.
Scope and Application
The Customs Act 1901, as evidenced in the Gazette notice C2013G00198, designates Darwin Airport Boarding Station in the Northern Territory as a boarding station under the authority of the delegate of the Chief Executive Officer of Customs. This appointment is made under subsection 15(2) of the Customs Act 1901, which applies to the Commonwealth of Australia, thereby affecting the activities and responsibilities of those involved in international trade and travel within the specified area. The appointment delineates the boarding station by geographic coordinates, establishing its boundaries within approximately 3.36 hectares, and is subject to the Geodetic Datum Australia (GDA94, MGA Zone 52). The act is focused on regulating the conduct of persons and entities involved in customs activities at this boarding station, thereby ensuring compliance with national customs regulations. The notice does not specify any exclusions, exemptions, or thresholds but implies that the scope of the Act may be further defined through subordinate instruments that might provide additional detail or extend its application.
Key Provisions
Section 15(2) of the Customs Act 1901 authorises the Chief Executive Officer to delegate certain powers, including the appointment of boarding stations. In this case, Jeff Buckpitt, as a delegate, appoints Darwin Airport Boarding Station in the Northern Territory as a boarding station and specifies its limits. This appointment ensures that the Customs officers have jurisdiction to board and search aircraft and vessels arriving from overseas within these defined boundaries.
The Customs Act 1901 imposes specific obligations on entities operating within the designated boarding station. These include compliance with customs regulations, the provision of necessary documentation, and adherence to the inspection and search procedures as mandated by the Act. Entities such as airlines, shipping companies, and freight operators must ensure that their operations within this area are in line with the provisions set out in the Act, facilitating the enforcement of customs laws and the protection of Australia's borders.
Failure to comply with the provisions of the Customs Act 1901 can result in significant legal consequences. The Act includes a range of offences, including the unauthorised movement of goods, evasion of duty, and the provision of false information. The severity of penalties varies depending on the nature and extent of the breach, but they can include substantial fines and, in serious cases, imprisonment. For example, under Section 214, an individual may face a fine of up to $132,000 or imprisonment for up to 10 years, or both, for contravening certain customs provisions. Additionally, civil penalties may also apply, such as pecuniary penalties for non-compliance with administrative requirements.
In summary, the Customs Act 1901, through Section 15(2), facilitates the designation of boarding stations like Darwin Airport Boarding Station, ensuring that customs officers have the authority to enforce customs regulations within these areas. Entities operating within these stations must comply with various obligations to facilitate lawful trade and protect the nation's borders. Non-compliance can lead to serious legal consequences, including fines, imprisonment, and civil penalties, underscoring the importance of adhering to the Act's provisions.