Specification of areas to which section 234AA applies (No. 26/04) – Western Sydney International Airport

Overview

The Customs Act 1901, enacted by the Commonwealth of Australia's Parliament, is a pivotal piece of legislation governing the regulation of goods entering and exiting the country. The Act was introduced to address the need for effective customs management, ensuring compliance with international trade agreements, and protecting the economic and security interests of Australia. This Notice under subsection 234AA(3) of the Act, dated 30 June 2026 and commencing on 1 July 2026, specifies particular areas within the international terminal of Western Sydney International Airport designated for customs operations, thereby enhancing the efficiency and effectiveness of customs procedures at this key international gateway. This directive by Vincci Choy, a delegate of the Comptroller-General of Customs, aims to streamline customs processes at Western Sydney International Airport by clearly delineating the zones subject to customs oversight. By appointing these areas under section 234AA, the policy objective is to facilitate smoother operations, bolster security measures, and ensure compliance with customs regulations at one of Australia’s busiest airports, thus contributing to the overall integrity of the nation’s customs framework.

Scope and Application

The Customs Act 1901, specifically section 234AA, applies to designated areas within the international terminal of Western Sydney International Airport in New South Wales. These areas, detailed in Attachments A through E, are specified to fall under the jurisdiction of this section, effective from 1 July 2026. The application of section 234AA extends to all activities occurring within these defined boundaries, including the handling and processing of goods and passengers in compliance with customs regulations. The Act is a Commonwealth statute and its application is limited to the specified areas at the airport, with the rest of the airport and the surrounding areas not covered by this notice. Any exclusions or exemptions are not mentioned in the notice but would typically be addressed in the main body of the Act or relevant subordinate legislation. The enforcement and administration of this section are managed by the Australian Border Force, acting under the authority delegated by the Comptroller-General of Customs.

Key Provisions

The primary operative section of this Notice, as referenced in subsection 234AA(3) of the Customs Act 1901, specifies the areas within the red boundary lines at the international terminal of Western Sydney International Airport in New South Wales, which are designated as areas where section 234AA of the Act applies. This legal notice, dated 30 June 2026 and signed by Vincci Choy, a delegate of the Comptroller-General of Customs, is effective from 1 July 2026. The designated areas include the upper basement, ground floor, first floor, second floor, and third floor of the airport's international terminal, as detailed in Attachments A to E. These attachments provide visual representations of the specific zones within the airport terminal that are subject to section 234AA. The obligations and requirements imposed by this Act on the parties or entities it governs are primarily concerned with the customs procedures and compliance within the designated areas at Western Sydney International Airport. All activities within these areas must adhere to the regulations set out in section 234AA, which likely involves customs clearance, inspection of goods, and enforcement of customs laws. The specified areas are likely subject to enhanced security measures and monitoring to prevent illegal importation or exportation of goods, and to ensure compliance with Australian customs regulations. The Customs Act 1901 provides for various offences and penalties for breaches of its provisions. Section 234AA may carry civil or criminal penalties, depending on the nature and severity of the breach. For instance, failure to comply with customs requirements can result in civil penalties, including fines and, in some cases, the seizure of goods. Criminal offences under the Act may include charges of smuggling, fraud, or other illegal activities related to customs, which can lead to imprisonment, hefty fines, or both. The specific penalties for breaches of section 234AA are not detailed in the Notice but can be found in the relevant sections of the Customs Act 1901. The maximum penalties for serious customs offences can be significant, reflecting the importance of adhering to customs laws and regulations.