Customs Act 1901
Notice under Subsection 234AA(3)
Specification of Areas to which Section 234AA Applies
I, Sharon Nyakuengama, delegate of the Chief Executive Officer of Customs, under subsection 234AA(3) of the Customs Act 1901(the Act):
(a) specify the area indicated in Attachment A to this notice at Sunshine Coast Airport, appointed under section 15 of the Act, as an area to which section 234AA of the Act applies.
This Notice is to take effect on 26 June 2015.
Dated the 18th day of June 2015.
signed
Sharon Nyakuengama
Assistant Secretary
Customs and Industry Branch
Attachment A – An area to which s234AA of the Customs Act 1901 applies at Sunshine Coast Airport
Overview
The Customs Act 1901, enacted by the Australian Parliament, addresses various issues related to customs and border protection. One such issue is the regulation of customs operations, including the designation of specific areas within airports where customs provisions apply. A notice issued under subsection 234AA(3) of the Act, dated 18 June 2015, by Sharon Nyakuengama, a delegate of the Chief Executive Officer of Customs, specifies an area at Sunshine Coast Airport as one to which section 234AA applies. This legislative measure is aimed at ensuring efficient and effective customs operations at designated airport areas, facilitating trade compliance and border security. The notice, effective from 26 June 2015, underscores the ongoing commitment to updating and enforcing customs regulations to meet contemporary needs.
Scope and Application
The Customs Act 1901, as amended by the Notice under Subsection 234AA(3) dated 18 June 2015, designates a specific area at Sunshine Coast Airport as an area to which Section 234AA of the Act applies. This Act applies to the specified geographical location, which is identified in Attachment A to the notice. The legislation pertains to entities and persons operating within or transiting through this designated area, subjecting them to the regulations outlined in Section 234AA. The application of this section extends to conduct and transactions occurring within the specified area, thereby imposing certain obligations and restrictions on those involved. The notice is effective from 26 June 2015, and its jurisdictional reach is limited to the Commonwealth of Australia. While the notice itself does not explicitly state any exclusions, exemptions, or thresholds, the application of Section 234AA can potentially be further defined or restricted through subordinate instruments, which may provide additional details on the scope and implementation of the designated area's regulations.
Key Provisions
The Customs Act 1901, in particular under section 234AA, allows for the specification of certain areas within airports where particular customs provisions can be applied. In this instance, section 234AA(3) of the Act is invoked to designate a specific area at Sunshine Coast Airport as an area to which section 234AA applies, as detailed in Attachment A to the notice issued on 18 June 2015 by Sharon Nyakuengama, a delegate of the Chief Executive Officer of Customs (subsection 234AA(3); Attachment A). This area is now subject to the specific customs regulations outlined in section 234AA, effective from 26 June 2015.
Under this notice, entities and individuals operating within the specified area at Sunshine Coast Airport are required to adhere to the customs provisions delineated in section 234AA. This may include compliance with certain reporting, documentation, or procedural requirements that are particular to this area. Entities and individuals must ensure they are aware of and follow these provisions to avoid any breaches of the Act.
The Act imposes several obligations on the parties or entities governed by this notice. These include, but are not limited to, ensuring that all customs-related activities within the specified area are conducted in accordance with section 234AA. This may involve detailed record-keeping, providing necessary documentation upon request, and following specific procedural protocols designed to enhance customs control and compliance within the designated area.
Failure to comply with the provisions of section 234AA as specified in this notice can result in various consequences. Depending on the nature and severity of the breach, individuals and entities may face both civil and criminal penalties. For civil breaches, the Act may impose fines up to a specified maximum amount. In cases of criminal offences, the penalties can include imprisonment, reflecting the seriousness of non-compliance with customs regulations within the designated area. These penalties are designed to enforce adherence to the Act and ensure effective customs management at Sunshine Coast Airport.