Notice of Appointment - Darwin Marine Supply Base Wharf in the Northern Territory (2553)

Overview

The Customs Act 1901, enacted by the Australian Parliament, provides the legal framework for the regulation of customs and border protection in Australia. The Act was introduced to address the need for a comprehensive legislative approach to the management of customs, border control, and related activities. This legislation aims to ensure the effective administration of customs duties and the protection of Australia’s borders. The Customs Act 1901 outlines various provisions for the regulation of goods entering and leaving the country, including the control of imported and exported items, the assessment of duties and taxes, and the enforcement of customs laws. Through this Act, the Australian government seeks to maintain border security, facilitate legitimate trade, and protect public revenue. This notice, dated 29 August 2014 and issued by James Watson, a delegate of the Chief Executive Officer of the Australian Customs and Border Protection Service, appoints the Darwin Marine Supply Base Wharf in the Northern Territory as a wharf under the Customs Act 1901. The notice fixes the limits of the wharf according to the description provided in the schedule, which corresponds to the map reference DMSB L01 dated 24 April 2014. This appointment is part of the ongoing administrative process under the Customs Act 1901, aimed at ensuring the proper designation and management of wharfs within Australian ports.

Scope and Application

The Customs Act 1901, as exemplified by the gazetted Notice under Section 15, pertains specifically to the designation and delimitation of a wharf within the Port of Darwin in the Northern Territory. This particular notice, issued by James Patrick Watson, a delegate of the Chief Executive Officer of the Australian Customs and Border Protection Service, appoints the premises known as the Darwin Marine Supply Base Wharf as a wharf within the Port of Darwin. The notice delineates the physical boundaries of this wharf according to a specified schedule and map reference, which are explicitly referenced in the document. Notably, the appointment excludes certain areas, such as depots and warehouses licensed under sections 77G and 79 of the Customs Act 1901, both those existing at the time of publication and any subsequently licensed. This appointment is a Commonwealth exercise of power, demonstrating the federal reach of the Customs Act 1901, which extends to the regulation of wharf operations within Australian ports.

Key Provisions

Section 15(2) of the Customs Act 1901 empowers the delegate of the Chief Executive Officer of the Australian Customs and Border Protection Service to appoint specific premises as a wharf within a designated port and to define its limits. In this instance, Appointment No. 2553 appoints the Darwin Marine Supply Base Wharf in the Port of Darwin, Northern Territory, as a wharf (subsection (a)). The boundaries of the wharf are established according to the detailed description and the map reference provided in the schedule, which is denoted as Port of Darwin – Darwin Marine Supply Base Wharf Map Reference DMSB L01 (subsection (b)). The obligations and requirements imposed by this appointment under the Customs Act 1901 ensure that the premises, including all buildings, lands, ancillary constructions, and equipment within the specified boundary, are managed and used in accordance with the Act’s provisions for wharf operations. This includes the exclusion of any depots and warehouses that are licensed under sections 77G and 79 of the Act, both existing and future, from the wharf's defined limits. The map reference DMSB L01 dated 24 April 2014 provides a visual and legal demarcation of the wharf’s boundaries, ensuring clarity and compliance with the Act’s requirements. Breaching the provisions of the Customs Act 1901 can lead to various civil and criminal consequences. While specific penalties are not detailed in the notice, the Act generally provides for substantial penalties for non-compliance with its provisions. Offences may include fines and imprisonment, with the exact penalties varying based on the severity and nature of the breach. For example, under sections 195 and 196 of the Act, significant penalties can be imposed for offences such as smuggling, which could include substantial fines and imprisonment terms up to several years, depending on the circumstances. The Act’s provisions are designed to ensure strict adherence to its regulations to maintain the integrity of customs operations and border protection.