Wharf Appointment and Revocation (No. 21/10) – Port of Port Kembla – Coal Terminal

Overview

The Customs Act 1901, enacted by the Parliament of Australia, is a comprehensive statute governing the regulation of goods entering and exiting the country. This Act was introduced to address the need for a structured and systematic approach to customs duties, trade compliance, and border control. In 2021, a notice under paragraph 15(2)(a) was issued to revoke a previous designation of the Coal Terminal in the Port of Port Kembla, New South Wales, as a wharf and to re-appoint it with revised boundaries, reflecting changes in the operational scope or regulatory requirements. The policy objective behind these amendments is to ensure that the administration of customs duties and border controls remain efficient and effective, aligning with current operational practices and strategic priorities of the Australian Border Force.

Scope and Application

The Customs Act 1901, under the authority of the Comptroller-General of Customs, encompasses the regulation of customs and border control activities within Australia, including the appointment and revocation of wharves used for the import and export of goods. In this instance, the act applies specifically to the Coal Terminal within the Port of Port Kembla in New South Wales. This notice under paragraph 15(2)(a) of the Act revokes a previous appointment of the wharf and reappoints the Coal Terminal area within new specified limits, effective from the date of publication in the Commonwealth of Australia Gazette. The geographic and jurisdictional reach of this Act is national, as it is a Commonwealth Act, but this specific application pertains to a particular wharf within a designated port in New South Wales. The scope of the Act ensures that all activities involving the import and export of goods at the specified wharf are regulated under the terms set forth by the Customs Act 1901. There are no exclusions, exemptions, or thresholds mentioned in this particular notice, and the application is confined to the defined area and purpose outlined. The Act may extend or restrict its application through subordinate instruments, but such details are not provided in this notice.

Key Provisions

The main operative sections of this legislation are found under the Customs Act 1901, specifically sections 15(2)(a) which empowers the delegate of the Comptroller-General of Customs to revoke, appoint, and fix the limits of wharves. In this case, the notice revokes the previous appointment of the Coal Terminal in the Port of Port Kembla, NSW, made in 1998, and reappoints the same area as a wharf, with new limits defined by the red boundary line as indicated in Attachment A. The new appointment is effective from the date of the notice, which is 10th May 2021. The obligations and requirements imposed by this Act are primarily administrative in nature, involving the formal process of revoking and reappointing a wharf. The delegate must follow the procedures outlined in the Customs Act 1901 to ensure that the new wharf appointment is in accordance with the law. This involves notifying the relevant parties, ensuring the public is informed through gazette publication, and maintaining accurate records of the wharf's boundaries and status. The delegate also has a responsibility to ensure that the new wharf limits are clearly defined and accessible to all stakeholders, including port operators, customs officers, and the public. Failure to comply with the provisions of the Customs Act 1901 can result in various offences and penalties. For instance, operating a wharf without proper designation or outside the defined limits can lead to civil penalties, including fines. The maximum penalty for each offence can vary, but it is generally set out in the relevant sections of the Act. Additionally, there may be criminal consequences for deliberate or negligent breaches, which could result in fines or imprisonment, depending on the severity of the offence and the discretion of the court. The exact penalties are not detailed in the provided notice but are outlined in other sections of the Customs Act 1901 and associated regulations. Overall, this notice under section 15(2)(a) of the Customs Act 1901 serves to update the legal status of the Coal Terminal in the Port of Port Kembla, ensuring that it is correctly classified and managed within the framework of Australian customs law. It outlines the formal process of revocation and reappointment, sets clear obligations for the delegate, and hints at the potential consequences for non-compliance with the Act's requirements.