Wharf Appointment and Revocation (No. 21/11) – Port of Port Kembla – Berth 109

Overview

The Customs Act 1901, enacted by the Australian Parliament, provides the legal framework for the administration of customs and excise duties, and for the control of goods imported into and exported out of Australia. It aims to facilitate the flow of trade while protecting the country's borders and ensuring compliance with regulatory requirements. The Act was introduced to address the need for a comprehensive legal structure to manage customs and border control effectively. In this context, the Customs Act 1901 serves to uphold the policy objective of safeguarding Australia's economic interests, maintaining public safety, and supporting national security through the regulation of cross-border transactions. The authority to appoint and revoke wharf areas is exercised under the Act to ensure efficient port operations and adherence to customs regulations.

Scope and Application

The Customs Act 1901 governs the administration and enforcement of customs and excise laws in Australia. Under the authority conferred by this Act, the delegate of the Comptroller-General of Customs, Jasmina Ackar, has issued a notice revoking and appointing wharfs in the Port of Port Kembla, New South Wales. The specific change involves the revocation of the wharf designation for the Inflammable Liquids Wharf and the appointment of Berth 109 as a new wharf, with defined limits indicated in Attachment A to the notice. This notice directly impacts entities involved in maritime operations, particularly those dealing with the handling and storage of goods within the specified wharf areas, and has implications for compliance with customs regulations in the designated maritime zone. The geographic reach of this notice is confined to the Port of Port Kembla in New South Wales, and the application of the Customs Act 1901 extends to all persons and entities engaging in customs-related activities within the Commonwealth of Australia. The notice does not specify any exclusions, exemptions, or thresholds, and the application of the Act can be further refined through subordinate instruments as necessary.

Key Provisions

The primary operative sections of this legislation (Gazette) concern the revocation of a wharf appointment and the establishment of a new wharf area at the Port of Port Kembla. Specifically, section 15(2)(a) of the Customs Act 1901 empowers a delegate of the Comptroller-General of Customs to revoke or appoint a wharf. In this instance, the notice revokes the existing appointment of the Inflammable Liquids Wharf (section a), and it appoints Berth 109 as a new wharf (section b). The new wharf's boundaries are defined by the red boundary line detailed in Attachment A to this notice (section c). The Act imposes several obligations and requirements on the parties affected by this notice. Firstly, the revocation of the Inflammable Liquids Wharf means that any activities previously conducted under the authority of that wharf appointment are no longer valid. Secondly, the appointment of Berth 109 as a wharf introduces new regulations and procedures that must be followed for any operations conducted within this area. Additionally, any person or entity that operates within the newly defined limits of Berth 109 must comply with the customs regulations applicable to wharf operations, including those related to the importation and exportation of goods. Breaching the provisions of this notice could result in various consequences. Under the Customs Act 1901, non-compliance with the appointed wharf limits or the procedures outlined could lead to offences. The penalties for these offences can be significant, potentially including fines and imprisonment. For instance, under section 216 of the Act, a person who contravenes any provision of the Customs Act can be subject to a penalty of up to 10,000 penalty units for an individual offence, and up to 50,000 penalty units for a corporate offence. These penalties reflect the seriousness with which the Act regards compliance with its provisions, underscoring the importance of adhering to the newly appointed wharf's boundaries and associated regulations.