Boarding Station Appointment (No. 21/31) – Port of Onslow – Onslow Marine Supply Base

Overview

The Customs Act 1901, a foundational piece of Australian legislation, was enacted to regulate the customs and excise processes within the country. In 2021, the Australian Government introduced a notice under section 15 of the Customs Act 1901, aiming to address the need for specific boarding stations in designated ports for the effective regulation and monitoring of commercial maritime activities. This notice, issued by Jasmina Ackar, a delegate of the Comptroller-General of Customs, appoints the Onslow Marine Supply Base in the Port of Onslow, Western Australia, as a boarding station. This appointment facilitates the boarding of ships involved in commercial activities excluding the loading or unloading of containerised cargo, thereby ensuring compliance with customs regulations and enhancing maritime security. The enactment of this notice by the Australian Government, through the Australian Border Force, reflects a policy objective to streamline customs operations and improve the oversight of maritime activities in specified areas. This approach helps to maintain the integrity of customs processes while accommodating the diverse operational needs of commercial shipping within Australia's maritime jurisdiction.

Scope and Application

The Customs Act 1901 applies to a broad range of entities, including individuals, companies, and vessels, that engage in commercial activities within Australia’s jurisdiction. In this specific case, the Notice under section 15 Boarding Station Appointment (No. 21/31) designates the Onslow Marine Supply Base in the Port of Onslow, Western Australia, as a boarding station for ships involved in commercial activities other than the loading or unloading of containerised cargo. This appointment is made under the authority delegated by the Comptroller-General of Customs. The geographic scope of this legislation is limited to the defined area of the Onslow Marine Supply Base, as outlined in the attached document, and it operates within the Commonwealth jurisdiction. This appointment does not apply to vessels engaged in the handling of containerised cargo, which may be regulated under different provisions of the Customs Act 1901 or other maritime regulations. Subordinate instruments may further specify operational details and enforcement mechanisms for the boarding station.

Key Provisions

The Customs Act 1901 Notice under section 15, specifically Boarding Station Appointment (No. 21/31), appoints the Onslow Marine Supply Base within the Port of Onslow in Western Australia as a boarding station (s. 15). This appointment is made by Jasmina Ackar, a delegate of the Comptroller-General of Customs, effective from the date of the notice, 14 October 2021. The area designated as a boarding station is bounded by the red line in Attachment A, which outlines the specific location within the port. The primary obligation under this notice is the establishment of the Onslow Marine Supply Base as a boarding station for ships involved in commercial activities excluding those related to the loading or unloading of containerised cargo. This means that authorised officers can board and inspect ships within this area for compliance with customs regulations. The boarding station is specifically tailored to manage commercial activities that do not involve containerised cargo, providing a targeted approach to customs enforcement and inspection in the designated port area. Any breach of the regulations or failure to comply with the requirements set forth in the Customs Act 1901 may result in various consequences. Under the Act, offences can lead to civil penalties, which may include fines up to a specified maximum amount, or criminal penalties, which can involve imprisonment, depending on the severity of the breach. The exact penalties are determined by the nature and extent of the offence, and the Act provides a framework for enforcement actions by the Australian Border Force. It is essential for all parties and entities governed by this notice to adhere to the outlined provisions to avoid any legal repercussions.