Notice under Paragraph 15(2)(a) of the Customs Act 1901 – Wharf Notice of Appointment (No. 19/03) – Batavia Coast Marina (Geraldton) Wharf

Overview

The Customs Act 1901, originally enacted in 1901, was introduced to regulate and control the movement of goods into and out of Australia, ensuring compliance with customs laws and facilitating international trade. This Act empowers the Commonwealth Government to establish and manage customs procedures and enforce regulations regarding the importation and exportation of goods. The Customs Act 1901 provides a framework for the administration of customs and excise duties, and it is the primary legislation governing the Australian Border Force in the execution of its functions. The Customs (Wharf Notice of Appointment) Notice 2019, issued under the authority of the Customs Act 1901, serves to appoint a specific wharf within the Batavia Coast Marina in the Port of Geraldton, Western Australia, and to define the limits of this wharf. The appointment of this wharf is necessary to allow for the lawful operation of customs and excise activities within its boundaries. This notice was issued by Melissa Bennett, acting as a delegate of the Comptroller-General of Customs, and it reflects the ongoing commitment of the Australian Government to maintaining efficient and effective customs operations throughout the nation's ports.

Scope and Application

The Customs Act 1901, through the Notice under Paragraph 15(2)(a) Wharf Notice of Appointment (No. 19/03), appoints a specific wharf within the area known as the Batavia Coast Marina in the Port of Geraldton, in the State of Western Australia. This Act applies to the wharf designated within the red boundary line specified in Attachment A to the notice. The appointment of this wharf under the Customs Act 1901 ensures that it is subject to the regulatory framework of the Customs Act, which includes provisions related to the control of goods imported into or exported from Australia, and the administration of customs duties and taxes. The appointment is made by Melissa Bennett, acting as a delegate of the Comptroller-General of Customs, and the notice specifies the geographic reach of the Act as being limited to this particular wharf in Geraldton. There are no stated exclusions, exemptions, or thresholds in this specific notice, but the application of the Customs Act 1901 can be extended or restricted through subordinate instruments and regulations.

Key Provisions

The main operative sections of this notice under the Customs Act 1901, specifically paragraph 15(2)(a), establish the appointment of a wharf within the designated area and the setting of its boundaries. This notice appoints the wharf known as the Batavia Coast Marina (Geraldton) within the Port of Geraldton, Western Australia, as a Customs wharf (section a). It further specifies the exact limits of this wharf by referring to the area within the red boundary line as indicated in Attachment A to this notice (section b). This legal notice ensures that the wharf is officially recognised and its operational boundaries are clearly defined for customs purposes. Under this appointment, the parties or entities governed by the Customs Act 1901, including operators and users of the wharf, are required to adhere to customs regulations applicable to the wharf. This means that any goods imported or exported through this wharf must comply with all relevant customs laws and procedures. The appointment of this wharf also implies that any customs duties, taxes, or other charges applicable to goods passing through this wharf must be properly accounted for and paid. Additionally, any person or entity involved in the handling of goods at this wharf must ensure that all customs documentation is accurate and submitted in a timely manner. Failure to comply with the provisions of the Customs Act 1901 can result in various penalties and consequences. Offences under this Act can include the illegal importation or exportation of goods, failure to declare goods, or providing false information to customs officers. The penalties for such offences can vary depending on the severity of the breach. For example, individuals or entities found guilty of serious breaches may face substantial fines, with maximum penalties often set out in the Act. Additionally, persistent or egregious non-compliance can result in legal action, including potential criminal charges, which could lead to imprisonment. It is crucial for all parties involved to understand and comply with the requirements to avoid these potential legal and financial repercussions.