Port Appointment and Revocation (No. 21/30) – Port of Onslow

Overview

The Customs Act 1901, enacted by the Australian Parliament, aims to regulate the import and export of goods, including the management of customs ports. This particular notice under section 15, issued on 14 October 2021, addresses a specific administrative change concerning the Port of Onslow in Western Australia. By revoking the previous port appointment notice from 2004 and issuing a new one, the legislation seeks to re-establish the port's boundaries and redefine its operational scope, specifically excluding the loading and unloading of containerised cargo. This action is taken by Jasmina Ackar, a delegate of the Comptroller-General of Customs, who is tasked with managing port appointments and revocations as part of the Australian Border Force. The policy objective appears to be ensuring that the port's operations are clearly delineated to avoid any confusion or overlap in customs responsibilities.

Scope and Application

The Customs Act 1901 governs various aspects of customs and border control in Australia, and this specific notice under section 15 pertains to the designation and modification of port limits for commercial shipping activities. The notice revokes the previous designation of the Port of Onslow as outlined in the 2004 Gazette and reappoints it under specific conditions. This reappointment limits the port's function to ships involved in commercial activities excluding the handling of containerised cargo. This adjustment affects maritime entities operating within the newly defined geographical boundaries of the port, which are detailed in Attachment A to the notice. The geographic scope of this Act is confined to the Port of Onslow in the State of Western Australia, thereby impacting local maritime operations and trade activities within this specific jurisdiction.

Key Provisions

This notice, issued under section 15 of the Customs Act 1901, primarily involves the revocation and reappointment of the Port of Onslow as a designated port, with specific alterations to its designated boundaries and operational scope (sections 15(a) to (c)). The notice revokes the previous appointment notice titled “Port Appointment Appointment No. 2158” published in the Commonwealth of Australia Gazette No. GN 11 on 17 March 2004, which had established the Port of Onslow as a port with defined limits. It then reappoints the Port of Onslow in Western Australia as a port, but with new boundaries as indicated in Attachment A. Furthermore, the notice specifies that this port is designated only for ships engaged in commercial activities excluding the loading and unloading of containerised cargo. Under this new appointment, the Port of Onslow is now governed by the specific requirements outlined in the Customs Act 1901. The primary obligation is to adhere to the newly defined boundaries and operational scope of the port. The port authorities and relevant stakeholders must ensure that all activities within the port are consistent with the terms of the notice, particularly avoiding the loading and unloading of containerised cargo. Any commercial activities must align with the designated purpose of the port as specified in the notice. Failure to comply with the terms of the Customs Act 1901, including the specific provisions outlined in this notice, can result in significant legal consequences. The Act stipulates that breaches of its provisions can lead to both civil and criminal penalties. The specific penalties can vary depending on the nature and severity of the breach but can include fines and, in some cases, imprisonment. The maximum penalties are detailed in the Act, reflecting the seriousness with which the legislation treats non-compliance. The enforcement of these penalties is a critical aspect of maintaining the regulatory framework governing port operations in Australia.