Notice of Appointment - Wheatstone Materials Offload Facility Jetty as a wharf, Western Australia (2552)

Overview

The Customs Act 1901 was enacted to regulate customs and border protection, ensuring effective control and management of goods entering and exiting Australia. This legislation was introduced to address the need for clear and comprehensive regulation of customs processes, including the designation of wharfs, to facilitate trade and protect the nation's borders. The Customs Act 1901 is administered by the Parliament of Australia, with the aim of enhancing the efficiency and security of customs operations. Through this specific notice, the Australian Customs and Border Protection Service, under the authority of the Act, appoints the Wheatstone Materials Offload Facility (MOF) Jetty in the port of Onslow as a designated wharf, thereby formalising its role in customs operations and delineating its operational boundaries according to the Wheatstone map referenced in the notice.

Scope and Application

The Customs Act 1901, specifically under the authority of Section 15, designates a specific wharf in the port of Onslow, Western Australia, as a recognised facility for the purposes of customs administration. This appointment, under the authority of Rodney O’Donnell, a delegate of the Chief Executive Officer of the Australian Customs and Border Protection Service, pertains to the Wheatstone Materials Offload Facility (MOF) Jetty. The boundaries and limits of this wharf are precisely defined in accordance with the description provided in the Wheatstone map reference WSD_667A_Rev4 dated 14 April 2014, with the notable exclusion of any depots or warehouses licensed under sections 77G and 79 of the Customs Act 1901. This appointment ensures that the designated area is subject to customs regulations and oversight, thereby facilitating the control and management of goods entering or leaving the port, while specific licensed depots and warehouses remain exempt from this designation.

Key Provisions

The Customs Act 1901, through Notice under Section 15, establishes specific provisions regarding wharf appointments within the Australian maritime framework. Section (a) of the Notice, under Appointment No. 2552, appoints the premises known as the Wheatstone Materials Offload Facility (MOF) Jetty in the port of Onslow, Western Australia, as a wharf. This designation is pivotal as it officially recognises the jetty as a wharf under the Act, thereby conferring upon it certain legal and operational statuses and responsibilities. Section (b) of the Notice specifies the geographical limits of this wharf, referencing the detailed description in the attached schedule and the Wheatstone map Reference WSD_667A_Rev4 dated 14 April 2014. These limits are crucial as they delineate the exact boundaries within which the wharf operates, ensuring clarity and legal precision. The Customs Act 1901 imposes several obligations and requirements on parties and entities governed by this legislation. For the Wheatstone Materials Offload Facility (MOF) Jetty, being designated as a wharf means it must comply with all the statutory provisions applicable to wharfs, including but not limited to, customs and border protection regulations. This includes ensuring that all activities conducted within the wharf's limits adhere to the specified operational protocols, maintain necessary documentation, and comply with any security and safety standards stipulated by the Australian Customs and Border Protection Service. The Act also mandates that any activities involving the import or export of goods must be conducted in accordance with the relevant customs procedures and regulations. The Act outlines various offences, penalties, and consequences for non-compliance with its provisions. For example, operating outside the designated limits of the wharf without proper authorisation can result in civil or criminal penalties. The severity of these penalties can vary based on the nature and extent of the breach. In cases of serious non-compliance, such as smuggling or other illegal activities, the penalties can be severe, including substantial fines and potential imprisonment. The maximum penalties for breaches of the Customs Act 1901 are specified in other sections of the Act and can include fines up to $220,000 for individuals and significantly higher amounts for corporate entities, alongside potential imprisonment terms that can extend up to 10 years for serious offences. These provisions underscore the importance of strict adherence to the Act's requirements and the serious consequences that can follow from non-compliance.