Customs Act 1901
Notice under Section 15
Wharf Appointment
Appointment No. 2543
I, Greg Corrigan, delegate of the Chief Executive Officer of the Australian Customs and Border Protection Service, under subsection 15(2) of the Customs Act 1901 hereby;
a) Appoint as a wharf in the Port of Brisbane, all those premises known as Fisherman Islands Berths at Fisherman Islands.
b) Fix the limits of that wharf according to the description contained in the Schedule and as shown in Port of Brisbane map 127775 dated 25 October 2013.
Dated 30 of October 2013
Greg Corrigan
Director, Eastern Region, Enforcement Operations
Australian Customs and Border Protection Service
The Schedule to Appointment No. 2543
The limits of the wharf in the Port of Brisbane in the State of Queensland known as Fisherman Islands, is fixed in accordance with the description below:
All buildings, lands, ancillary constructions and equipment contained within the red boundary line on the Port of Brisbane Map 127775 dated 25 October 2013 which are occupied, controlled or used in connection with or as part of a wharf, but excluding:
a) all depots and warehouses licensed under section 77G and section 79 (respectively) of the Customs Act 1901, as at the date of publication of this Notice and;
b) all depots and warehouses which are subsequently granted licences under sections 77G and 79 of the Customs Act 1901.
Overview
The Customs Act 1901, enacted to regulate the administration and control of customs and border protection, addresses issues surrounding the definition and operation of wharves within Australian ports. The Act provides the legal framework necessary for the designation and management of wharfs, ensuring compliance with customs regulations. Appointment No. 2543, published under section 15 of the Customs Act, designates Fisherman Islands Berths at Fisherman Islands in the Port of Brisbane as a wharf, fixing its limits according to a specified description and map. This appointment is made by Greg Corrigan, a delegate of the Chief Executive Officer of the Australian Customs and Border Protection Service, and is aimed at clarifying the boundaries and scope of the wharf for customs purposes, thereby facilitating efficient customs operations and compliance within the designated area.
Scope and Application
The Customs Act 1901, through Notice under Section 15 Wharf Appointment No. 2543, designates specific premises at Fisherman Islands in the Port of Brisbane as a wharf. This appointment applies to the particular buildings, lands, ancillary constructions, and equipment contained within the defined boundaries, which are utilised or controlled in connection with wharf activities. The jurisdictional reach of this Act extends to the Commonwealth, as it is administered by the Australian Customs and Border Protection Service. Notably, the Act excludes any depots and warehouses licensed under sections 77G and 79 of the Customs Act 1901, both those already licensed at the time of publication and any subsequently licensed. This appointment and the fixed limits of the wharf are detailed in the Schedule and illustrated on Port of Brisbane Map 127775 dated 25 October 2013. Through subordinate instruments, the application and boundaries of the wharf may be further extended or restricted, ensuring compliance with the overarching provisions of the Customs Act 1901.
Key Provisions
The Customs Act 1901, specifically under Section 15, provides for the appointment of wharves in Australian ports, with Appointment No. 2543 detailing the designation of Fisherman Islands Berths at Fisherman Islands in the Port of Brisbane as a wharf (1). The limits of this wharf are precisely defined according to the description in the Schedule and the accompanying Port of Brisbane map 127775 dated 25 October 2013 (1). These provisions outline the physical boundaries and areas within which the wharf operates, excluding certain depots and warehouses licensed under sections 77G and 79 of the Customs Act 1901 (1).
Under the Act, entities and individuals operating within the designated wharf must adhere to the specific operational limits and conditions as outlined in the Schedule. This includes ensuring that all activities within the wharf are confined to the areas within the red boundary line on the map, excluding the specified depots and warehouses (1). These operational limits are crucial for maintaining the integrity and regulatory compliance of the wharf operations, ensuring they do not encroach on areas that are subject to different licensing and regulatory requirements.
Breach of the operational limits and conditions set out in the Customs Act 1901 can result in significant legal consequences. The Act does not explicitly state the penalties for such breaches within this particular appointment notice; however, the overarching Customs Act includes provisions for offences and penalties that can apply. Generally, penalties for contravening the Customs Act can include substantial fines and, in severe cases, imprisonment. The specifics of these penalties can vary depending on the nature and severity of the breach but are intended to enforce compliance with the Act’s requirements.
In summary, Appointment No. 2543 under the Customs Act 1901 designates Fisherman Islands Berths as a wharf in the Port of Brisbane, with clear operational limits. Entities and individuals must ensure their operations comply with these limits to avoid potential legal consequences, including fines and imprisonment, as stipulated by the broader provisions of the Customs Act 1901.