Boarding Station Notice of Appointment (No. 20/04) - Lucky Bay

Overview

The Customs Act 1901 was enacted to regulate the importation and exportation of goods in Australia, ensuring compliance with customs and border protection laws. The Act was introduced to address the need for a comprehensive framework to control the flow of goods across Australia's borders, facilitate legitimate trade, and protect against illegal activities such as smuggling and the evasion of customs duties. This legislation is administered by the Australian Parliament and serves the policy objective of maintaining effective border control while facilitating legitimate trade. The Boarding Station Notice of Appointment (No. 20/04) issued under paragraph 15(2)(b) of the Act on 28 February 2020 by Jasmina Ackar, on behalf of the Comptroller-General of Customs, designates specific locations in Lucky Bay, South Australia, as boarding stations for commercial vessels. This appointment aims to enhance the enforcement of customs regulations in the region, ensuring compliance and facilitating the smooth operation of commercial maritime activities.

Scope and Application

The Customs Act 1901, through this specific notice issued by Jasmina Ackar, designates particular locations in Lucky Bay, South Australia, as boarding stations for customs purposes. These boarding stations are solely designated for use by commercial vessels, as stipulated by the notice. The appointed locations, specified by their geographic coordinates, are intended to facilitate customs activities such as inspections, documentation checks, and other regulatory compliances necessary for commercial maritime activities in the region. The notice under paragraph 15(2)(b) of the Act applies exclusively to the designated areas and serves to clarify the jurisdictional reach within this specific geographic scope, ensuring that customs operations are conducted in a defined and controlled manner. The notice does not extend to other areas outside the coordinates provided, nor does it apply to non-commercial vessels or activities not related to customs oversight. The application of this notice is further governed by any additional regulations or subordinate instruments that may be applicable under the Customs Act 1901.

Key Provisions

The Customs Act 1901, under the authority of the Comptroller-General of Customs, designates specific boarding stations at Lucky Bay in South Australia through the Notice under Paragraph 15(2)(b) Boarding Station Notice of Appointment (No. 20/04). These boarding stations, indicated by red crosses in Attachment A to the notice, are located at coordinates: Longitude 137° 2’ 54.67” East, Latitude 33° 48’ 0.13” South, and Longitude 137° 2’ 0.05” East, Latitude 33° 50’ 30.03” South. The primary function of these boarding stations is restricted to the use of commercial vessels, ensuring that only designated maritime activities occur at these locations. Under the Customs Act 1901, the obligations of the parties involved are clear. The delegate of the Comptroller-General of Customs, Jasmina Ackar, has the authority to appoint these boarding stations, and these stations are explicitly limited in their use to commercial vessels. This restriction ensures that the activities taking place at these locations adhere to the specified purpose, which is to facilitate the customs-related activities for commercial maritime operations. The act of appointing these stations and limiting their use is intended to maintain regulatory control over maritime customs procedures in the designated area. The Customs Act 1901 includes provisions for offences and penalties for non-compliance with the act's requirements. Any party that violates the stipulations regarding the use of these boarding stations may face civil or criminal consequences. Although specific penalties are not detailed in the notice, the Customs Act 1901 generally outlines a range of penalties for non-compliance, which can include fines and imprisonment. The maximum penalties may vary depending on the nature and severity of the breach, but they serve as a deterrent to ensure adherence to the regulatory framework established by the Act.