Australian Customs and the Cruising Sailor

by Nancy Knudsen on 28 Oct 2008 Arrival into Australia, with its insistence of compliance with Customs laws can come as a rude shock to sailors used to the laid back ways of the islands they visited in their transit across the Pacific:

'What are you doing here? I know you - You bad man - I want to see you in my office in ten minutes!'
'Okay Okay I'll come. I had a problem with my engine - I had to come back'

The yachtie had been caught red-handed by a Customs officer, walking down the main street of the South Pacific Island, two days after he and his yacht had been checked out of the country by the same officer.

After the irate Customs official strode off like an angry headmaster, the solo yachtie explained with a grin: 'I met that girl you know - I just wanted to come back for a couple of days.'

Later we learned that he had sweet talked the officer into a re-entry into the country without penalty.

In other instances in the South Pacific, some yachties avoid the bureaucratic and expensive process of checking into countries like French Polynesia, by simply staying away from official ports of arrival, and never checking in at all.

Even yachts with every desire to obey the rules find in the South Pacific that calling in for a couple of nights to smaller islands on the way to the official port of entry is considered acceptable - or at least ignored - by officials.

So arrival into Australia, with its insistence on compliance with Customs Immigration and Quarantine laws, can come as a rude shock to sailors lulled into a false sense of laisser faire.

Australia has a different set of issues to deal with from the islands of the South Pacific. It is an island without many of the diseases found in other geographic areas, it is seen as a desirable place for immigrants to find a better life, there is a sizable and hungry drug market, and it is seen as a potential target for terrorism.

Hence Australian authorities maintain that they are trying to enforce rules to combat a range of possibilities: illegal immigrants, drug smuggling, terrorism, the import of contaminating foods, and potential diseases from sea creatures attached to the hulls of arriving yachts.

So how reasonable or unreasonable are the rules for arrival into Australia? And what about the penalties? Someone who has been in a position to watch the procedures in action thinks the Customs requirements and the officials who enforce them are very reasonable. 'It’s just a matter of visiting an Internet café before leaving Port, or using the phone there,' Bundaberg Port Marina Manager, Geoff Beyer commented earlier this year. 'They’re everywhere these days.'

After ten years in the job, Beyer told Sail-World's Jeni Bone he had nothing but praise for Customs. He believes that like any government organization, there will always be complaints from the odd few.

'It’s just a shame that the 99% of satisfied people don’t rate a mention in media stories. My view is that most people are completely satisfied. One gentleman I had in here recently had just arrived back in Australia from Tahiti and he’d heard a lot of negative things through the grapevine. But he said he was over the moon about Customs – that they were the most friendly, professional service he’d ever experienced.'

That might be the case, but if those same officials are not convinced that a yachtie has done everything he could to observe the Australian requirements, there can be heavy penalties.

In March this year a New Zealand yachtsman was fined $2500 for failing to report his intended arrival, and also charged court costs of $1,417.

Neither is appealing necessarily a sensible avenue to take. The most serious case on record is that of the Manzari family, who were fined for the same reason, but when they appealed the result was a $4000 fine with an additional $15,000 in court costs. The Manzaris, who had to remain in Australia while the case was pending, claimed that the episode cost them $75,000 in total.

In justifying his rejection of the Manzari's appeal, the judge said that 'Customs is faced with the difficult task of emphasizing the serious nature of the (these) matters, whilst putting on a friendly face... The courts are not burdened with such baggage.' He added that non-compliance 'had to be met with a process that recognises the deterrence aspect.'

The crux of the issue is the 96 hour notice that yachts are required to give of their arrival into Australia. At first sight, yachtsmen typically have a problem with this sort of requirement.

'How can you know exactly when you are going to arrive? You NEVER know when sailing...'
'If I am on a ten day leg from a South Pacific Island to Australia and don't have a sat phone, fax or email on board, it will be impossible to comply.' These are the complaints most frequently heard from irritated cruising sailors.

Australian Customs have become aware of these concerns, and recently an Australian Customs Spokesperson made this considered statement to Sail-World in an effort to clarify the requirements and show that they are not unreasonable:

'The Master of a vessel arriving in Australia is required by law to give notice of impending arrival NOT LATER than 96 hours before arrival. Customs does realise that not all vessels are fitted with the latest communication equipment.

This requirement seems to cause confusion as people interpret it as notification must be given 96 hours prior to arrival. This is not the case. This is the minimum requirement. I'll explain this with an example below.

'A vessel is travelling from USA to Australia.The time frame is one month. The Master could report his impending arrival to Australia prior to departing USA. This would mean that he gives 1 months notice which meets the above criteria.

'Other alternatives is the Master could report his impending arrival from one of the ports he stops at on his way to Australia or prior to his departure from his last port before arriving in Australia. This may even be a week prior to his arrival, as long as the estimated sailing time is a minimum of 96 hours.

'Again this meets the above criteria for reporting to Customs.

'For journeys of between 72 and 96 hours, the requirement is not later than 72 hours; for journeys of between 48 and 72 hours, not later than 48 hours; for journeys of 24-48 hours, not later than 24 hours; and for journeys of less than 24 hours, yachties must notify Customs not later than 12 hours.

'If by chance the vessel arrives prior to lapsing of the 96 hours of arrival it can wait out the time anywhere it is safe to do so. If due to dangerous seas or there is a medical emergency etc then the vessel is able to progress to a safe haven or the Boarding Station.

'All that is required is that Customs is informed at the first possible opportunity. The 'Q' flag should be raised upon entry into the port. Customs, Quarantine and Immigration clearance must be completed prior to going ashore.

While waiting:

'Please stay on board. No persons other than a Quarantine or Customs officer is allowed to board your craft, nor can any person, animal or article leave the craft until you have been given full clearance;

Depending on your arrival time, Customs and Quarantine may require all persons to remain on board overnight before clearing you the following day;

Don't throw any waste or foodstuffs overboard while you're in Australian waters or while you are moored. Use designated quarantine disposal points;

Keep all food and animals secure until your vessel has been inspected by Quarantine officers;

Don't trade foodstuffs with other overseas vessels;

Keep your vessel free of insects.

To go ashore without prior clearance is an offence. Contact with other vessels in port prior to clearance is