Exemptions under the Torres Strait Treaty Notice 2019

Overview

The Exemptions under the Torres Strait Treaty Notice 2019 was enacted on 6 March 2019 and is a notice made by Jo Crooks, delegate of the Comptroller-General of Customs under the Customs Act 1901 and Acts Interpretation Act 1901. The notice aims to provide exemptions for Protected Zone ships and the importation and exportation of goods in the Torres Strait region, in line with the Torres Strait Treaty. The policy objective of the notice is to facilitate the movement of goods and people in the Torres Strait region while maintaining the integrity of Australia's borders and enforcing relevant laws and regulations. The notice exempts Protected Zone ships from certain sections of the Customs Act 1901, subject to certain conditions, such as the traditional inhabitant not being subject to a declaration under the Migration Act 1958. It also exempts the importation and exportation of goods from certain sections of the Customs Act 1901, subject to certain conditions, such as the goods not being prohibited imports or exports. The notice revokes previous Gazette notices published in 1986.

Scope and Application

The Exemptions under the Torres Strait Treaty Notice 2019, issued by Jo Crooks, the delegate of the Comptroller-General of Customs, provides specific exemptions under the Customs Act 1901 and the Acts Interpretation Act 1901. This notice applies to protected zone ships and the importation and exportation of goods, subject to certain conditions. Notably, exemptions are contingent upon traditional inhabitants not being subject to a declaration under the Migration Act 1958, and they do not apply to prohibited imports or exports. The notice revokes previous exemptions published in Gazette GN 32 on 12 August 1986. This legislation governs activities within the protected zones as defined by the Torres Strait Treaty, affecting maritime entities and goods traded within these zones, with its application extending across Commonwealth jurisdictions.

Key Provisions

The Exemptions under the Torres Strait Treaty Notice 2019 (section 1.01) provides exemptions from certain sections of the Customs Act 1901 (section 1.03(2)(a)) for goods imported or exported by a Protected Zone ship (section 2.01) and for the transfer of goods (section 2.02). These exemptions apply subject to specific conditions, such as the traditional inhabitant not being subject to a declaration under the Migration Act 1958 (sections 2.01(2)(a) and 2.02(2)(a)). The Notice came into effect the day after its publication in the Gazette (section 1.02) and revokes previous notices published on 12 August 1986 (section 3.01). The Notice imposes specific obligations on parties or entities it governs. For instance, any Protected Zone ship seeking to benefit from the exemptions must ensure that the traditional inhabitant associated with it is not subject to a declaration under the Migration Act 1958 (section 2.01(2)(a)). Additionally, entities involved in the importation or exportation of goods mentioned in the Notice must adhere to the conditions set forth, particularly ensuring that the goods are not prohibited imports or exports (section 2.02(2)(b)). The Notice outlines various civil and criminal consequences for breaches. The specific penalties are not detailed in the Notice, but breaches of the Customs Act 1901 generally can result in significant fines and potential imprisonment. The severity of the penalty depends on the nature and extent of the breach, with maximum penalties varying according to the specific sections of the Act that are contravened. For example, offences under sections such as 58, 64, or 175 could attract substantial penalties if the conditions for exemption are not met. Furthermore, the Notice revokes previous exemptions published in the Gazette on 12 August 1986, which means that any exemptions previously granted under those notices are no longer applicable. This revocation ensures that only the current exemptions specified in the 2019 Notice are in effect, streamlining compliance and enforcement efforts under the Customs Act 1901. In summary, the Exemptions under the Torres Strait Treaty Notice 2019 provides specific exemptions from certain customs provisions for Protected Zone ships and the transfer of goods, subject to conditions related to traditional inhabitants and the nature of the goods. It imposes obligations on those seeking to benefit from the exemptions and revokes previous related notices, ensuring that only the current provisions apply. Breaches of the Customs Act 1901 can lead to significant penalties, although the exact penalties are not specified in the Notice itself.