Notice under section 15 – Revocation of airports, boarding stations and wharves

Overview

The Customs Act 1901, enacted by the Parliament of Australia, was established to regulate customs and border control, ensuring the protection of the nation's borders and the effective collection of customs duties. This legislation has undergone amendments over the years to address evolving needs in trade and border management. The Customs Act provides the legal framework for the administration of customs and excise, including the control of goods entering and leaving Australia, the assessment of customs duties, and the enforcement of related laws. This gazette, C2021G00485, issued under section 15 of the Customs Act 1901, addresses the revocation of specific notices related to the appointment of various airports, boarding stations, and wharves. Jasmina Ackar, as a delegate of the Comptroller-General of Customs, has revoked these notices to reflect changes in operational requirements or the cessation of certain facilities. The revocation aims to streamline and update the current list of appointed customs locations, ensuring the Customs Act remains relevant and effective in managing Australia's customs operations.

Scope and Application

The Customs Act 1901, as amended and in effect, governs the administration of customs and excise in Australia and applies to a wide range of entities, including individuals, businesses, and government authorities, in relation to the importation and exportation of goods, the collection of duties and taxes, and other related matters. The Act extends its jurisdictional reach across the entire Commonwealth of Australia, encompassing all states and territories, and applies to transactions involving goods that are imported into or exported from the country. The Act also provides for the appointment of various locations as customs locations, such as airports, boarding stations, and wharves, through notices issued under section 15 of the Act. However, the application of the Act can be modified or restricted through subordinate instruments, which may include regulations, determinations, or other legislative instruments made under the Act. In the present case, the revocation of certain notices under section 15 of the Customs Act 1901, as detailed in the Gazette Notice, affects the status of specific wharves and other locations as customs locations, and may have implications for the administration of customs and excise in relation to those locations.

Key Provisions

The Customs Act 1901 (section 15) mandates that the Comptroller-General of Customs, or a delegate, can appoint and revoke specific locations as wharves, boarding stations, or airports under the Act. This is done through notices published in the Commonwealth of Australia Gazette. In this instance, Jasmina Ackar, as a delegate of the Comptroller-General, has revoked several notices that previously appointed certain locations as wharves or boarding stations. The revocations include notices from 1998, 1999, 2002, 2003, 2005, 1970, 1955, 1956, 1974, 2000, and 2002. These notices are identified by their titles and gazette numbers. The revocations effectively remove the status of these locations as appointed under the Customs Act 1901. Entities or individuals that previously held the status of an appointed wharf, boarding station, or airport under the Customs Act 1901 must comply with the revocation of their status. This means they must cease any activities that were permissible under their appointed status, such as handling goods for customs purposes. Additionally, any operational or regulatory requirements previously applicable to these locations under the Customs Act 1901 no longer apply following the revocation. Compliance with the revocation may require adjustments to business operations, removal of any customs-related infrastructure, and adherence to any new regulatory requirements that apply to the locations post-revocation. Breach of any provision of the Customs Act 1901, including non-compliance with revocation notices, may result in civil or criminal penalties. For example, knowingly or recklessly contravening a provision of the Act can result in a fine of up to $22,200 for an individual or up to $111,000 for a body corporate, depending on the nature and circumstances of the offence. In more serious cases, criminal penalties may apply, with potential imprisonment for up to two years for an individual and up to five years for a body corporate. The penalties are outlined in section 283 of the Customs Act 1901, which details the maximum fines and imprisonment terms for various offences under the Act.