Boarding Station Appointment No. 2602 - Southport Yacht Club Marina, Gold Coast, Queensland

Overview

The Customs Act 1901, enacted by the Commonwealth Parliament, has been amended through the appointment of specific boarding stations to address the need for streamlined customs clearance processes for smaller vessels within designated maritime areas. The Act aims to facilitate efficient border management by designating particular locations for the clearance of small watercraft, thereby reducing unnecessary congestion at larger ports and enhancing the security and efficiency of customs operations. This particular amendment, effective from 1 July 2017, designates the Super Yacht Berths SY1-SY5 and the adjacent gangway at South Port Yacht Club Marina in the Port of Brisbane as a boarding station, limiting its purpose to the clearance of vessels 50 meters or less in overall length, and explicitly excluding the loading or unloading of cargo. This measure reflects the policy objective of improving customs processing for smaller vessels, thereby supporting maritime trade and recreational boating activities within the specified area.

Scope and Application

The Customs Act 1901, through a notice issued by Anna-Maree Prowse, a delegate of the Comptroller-General of Customs, designates specific locations at the South Port Yacht Club Marina within the Port of Brisbane, Queensland, as a boarding station. This appointment applies to the Super Yacht Berths SY1-SY5 and the adjacent gangway, identified in Attachment A. The primary purpose of this boarding station is limited to the clearance of watercraft that are 50 meters or less in overall length, excluding the loading or unloading of cargo. This notice is effective from 1 July 2017. The geographic reach of this Act is confined to the state of Queensland, and its application is restricted to the specified berths and gangway, ensuring that the boarding station serves its designated function without interference in broader maritime operations.

Key Provisions

The key operative sections of this notice under the Customs Act 1901 (paragraph 15(2)(b) and subsection 15(3)) involve the appointment of a specific location as a boarding station and the limitation of its purpose. Section 15(2)(b) allows the Comptroller-General of Customs to designate a place as a boarding station, while subsection 15(3) enables the setting of limitations on the use of such a station. In this instance, the Super Yacht Berths SY1-SY5 and the adjacent gangway at South Port Yacht Club Marina in the Port of Brisbane have been appointed as a boarding station (paragraph 15(2)(b)), and its use has been restricted to the clearance of vessels that are 50 meters or less in overall length, excluding any activities related to the loading or unloading of cargo (subsection 15(3)). The obligations imposed by this Act on the parties or entities it governs are primarily focused on ensuring that the designated boarding station is used strictly for the purposes outlined in the notice. This means that any activities related to the clearance of vessels of 50 meters or less in overall length must be conducted within the specified boundaries of the boarding station, and any other activities, such as the loading or unloading of cargo, are strictly prohibited. The notice also implies that any person or entity operating within the designated boarding station must comply with the conditions set out in the notice and adhere to any relevant customs regulations. In terms of offences, penalties, or consequences for breach, the Customs Act 1901 outlines a range of potential civil and criminal penalties. While the specific penalties are not detailed in this notice, breaches of the Act can result in fines, imprisonment, or both, depending on the nature and severity of the offence. For instance, knowingly or recklessly contravening the conditions of the boarding station appointment could lead to substantial penalties, including fines of up to $22,200 for individuals and $111,000 for bodies corporate, as well as potential imprisonment for up to two years. Additionally, persistent or serious breaches may result in further legal action, such as the seizure of vessels or goods, and ongoing legal proceedings. The notice also implies that failure to comply with the conditions of the boarding station appointment could result in the revocation of the boarding station status, effectively closing the designated area for customs clearance activities. This could have significant implications for the operations of the South Port Yacht Club Marina and any businesses or individuals who rely on the boarding station for their activities. Furthermore, the Australian Border Force and relevant authorities may take enforcement action against those who fail to comply with the terms of the notice, which could include the imposition of fines, legal proceedings, or other sanctions. In summary, the Customs Act 1901 notice under paragraph 15(2)(b) and subsection 15(3) appoints the Super Yacht Berths SY1-SY5 and adjacent gangway at South Port Yacht Club Marina as a boarding station for the clearance of vessels of 50 meters or less in overall length, excluding cargo loading or unloading activities. The notice imposes obligations on the parties or entities governed by the Act to comply with the conditions of the boarding station appointment, and failure to do so could result in civil or criminal penalties, including fines, imprisonment, or the revocation of the boarding station status.