Explanatory Memorandum
(Circulated by authority of the Minister for Home Affairs, the Honourable Bob Debus MP)SCHEDULE 15 - ENTERING PLACES OTHER THAN PORTS OR AIRPORTS
Customs Act 1901
Background
226. Section 58 of the Customs Act places an obligation on the master of a ship and a pilot of an aircraft to enter Australia at appointed ports and airports. Subsection 58(1) provides that the master of a ship and the pilot of any aircraft shall not suffer his or her ship or aircraft to enter any place other than a port or airport unless from stress or weather or other reasonable cause. Section 4(1) of the Customs Act defines 'port' and 'airport' to mean those appointed under section 15 of the Customs Act by the Chief Executive Officer of Customs. It is an offence for failing to comply with subsection 58(1) to which up to 500 penalty units may apply.
227. As the terminology used in subsection 58(1) is dated, at the request of industry subsection 58(1) will be amended to update the language used in that subsection.
Item 1 - Subsection 58(1)
228. This item substitutes in subsection 58(1) the words "suffer his or her ship or aircraft to enter any" with the words "bring his or her ship or aircraft to a". The amendment is not intended to change how subsection 58(1) operates.