Notice of Appointment - Outer Harbour (Kwinana Grain Jetty) as a wharf in the port of Fremantle (2549)

Overview

The Customs Act 1901, enacted by the Parliament of Australia, addresses the need for regulation of customs and border protection, including the appointment of wharves for the purposes of trade and commerce. This particular notice, published in the Commonwealth Gazette under the authority of Rodney O’Donnell, delegate of the Chief Executive Officer of the Australian Customs and Border Protection Service, appoints a specific wharf within the Port of Fremantle in Western Australia and defines its limits. The policy objective underlying this appointment is to ensure that the designated wharf operates within clearly defined boundaries, facilitating effective oversight and management of customs-related activities. This appointment is crucial for maintaining the integrity of customs operations and ensuring compliance with the provisions of the Customs Act 1901.

Scope and Application

The Customs Act 1901 governs various aspects of customs and border protection in Australia, including the regulation and designation of wharfs where customs operations can take place. Under the authority granted by the Act, specifically section 15, the Chief Executive Officer of the Australian Customs and Border Protection Service has delegated certain powers to Rodney O’Donnell, Regional Commander Western Australia, who appointed the premises known as Outer Harbour (Kwinana Grain Jetty) in the port of Fremantle as a designated wharf. This appointment is confined to the State of Western Australia and delineates the boundaries of the wharf according to the description and map provided in the schedule and the Kwinana Grain Jetty map KGJ 09/2013. Notably, this appointment excludes any depots and warehouses that are licensed under sections 77G and 79 of the Customs Act 1901, both those existing at the time of the notice and any granted subsequently. This appointment ensures that the specific premises within the defined boundaries are recognised for customs operations, while clearly excluding certain licensed facilities from this designation.

Key Provisions

The Customs Act 1901 Notice under Section 15, Wharf Appointment No. 2549, specifies that Rodney O’Donnell, as a delegate of the Chief Executive Officer of the Australian Customs and Border Protection Service, has appointed the premises known as Outer Harbour (Kwinana Grain Jetty) in the State of Western Australia as a wharf in the port of Fremantle. The notice outlines the specific limits of this wharf, which are detailed in the schedule and depicted on the Kwinana Grain Jetty map KGJ 09/2013 dated 13 November 2013. The limits of the wharf are defined by the red boundary line on this map, encompassing all buildings, lands, ancillary constructions, and equipment within this boundary that are occupied, controlled, or used in connection with the wharf, excluding certain depots and warehouses that are or will be licensed under sections 77G and 79 of the Customs Act 1901. The Act imposes specific obligations and requirements on parties and entities involved with this wharf. For instance, any entity operating within the specified limits of the wharf must adhere to the conditions set out in the Customs Act 1901 and any other relevant legislation. This includes ensuring that all activities conducted within the wharf comply with the regulatory framework governing customs operations, including the handling, storage, and movement of goods. Additionally, any party wishing to operate a depot or warehouse within the wharf must obtain the necessary licenses as stipulated by sections 77G and 79 of the Customs Act 1901, and must ensure that their operations do not infringe upon the defined boundaries of the wharf. Failure to comply with the provisions of the Customs Act 1901 and the specific conditions set out in the Wharf Appointment Notice can result in various penalties and consequences. The Act provides for both civil and criminal penalties for breaches, depending on the nature and severity of the offence. Civil penalties can include fines and other monetary sanctions, while criminal penalties can include imprisonment, particularly for serious breaches such as smuggling or fraud. The maximum penalties for specific offences are detailed in the Customs Act 1901, and these can vary widely based on the particular provision breached and the circumstances of the offence. It is crucial for all parties involved to understand and adhere to these requirements to avoid facing such consequences.