Wharf Appointment and Revocation (No. 21/14) – Sydney Cove Passenger Terminal

Overview

The Customs Act 1901 was enacted to provide for the collection of customs duties, the regulation of imports and exports, and to administer border control measures in Australia. This particular notice, published under the authority of the Customs Act 1901, addresses the need to update and refine the designated wharf areas within the Port of Sydney, New South Wales. The notice, issued by Jasmina Ackar, a delegate of the Comptroller-General of Customs, revokes the previously appointed wharf areas at Sydney Cove Passenger Terminal Levels 1 and 2 and at Circular Quay, and instead designates the area known as Sydney Cove Passenger Terminal as a wharf. The policy objective appears to be ensuring that the customs regulations are accurately reflecting the current operational realities of the port, thereby facilitating smoother trade operations and border control. This action by the Australian Border Force aims to streamline the administrative framework governing the wharf areas, which is critical for efficient customs operations and border management. The notice specifies the new limits for the wharf area, which are detailed in Attachment A, thereby ensuring clarity and precision in the legal designation of the wharf boundaries. This update helps to maintain the effectiveness and relevance of customs administration in line with current port operations and trade requirements.

Scope and Application

The Customs Act 1901 governs the regulation of customs and excise within Australia, and includes provisions for the appointment and revocation of wharf areas, which are designated zones for customs operations. This particular notice, issued under the authority of the Customs Act 1901, specifically addresses the revocation of two earlier wharf appointments and the establishment of a new wharf appointment for the Sydney Cove Passenger Terminal in the Port of Sydney, New South Wales. The notice revokes the earlier appointments of wharf areas at Sydney Cove Passenger Terminal Levels 1 and 2, and at Circular Quay, both of which were designated by previous notices published in 2004 and 2010 respectively. It simultaneously appoints the area known as Sydney Cove Passenger Terminal as a new wharf and defines the boundaries of this wharf according to the details provided in Attachment A to the notice. This action applies to the customs and excise operations within the newly designated wharf area, affecting any entities or persons involved in importing, exporting, or transiting goods through this terminal. The jurisdictional reach of this Act is federal, as it operates under the authority of the Commonwealth of Australia, but its practical effect is confined to the specified geographical area within New South Wales. The notice does not specify any exclusions, exemptions, or thresholds, but it does indicate that the application of the Customs Act 1901 may be further detailed through subordinate instruments.

Key Provisions

The Customs Act 1901 (sections 15(2)(a)) outlines the key provisions for the appointment and revocation of wharfs, as demonstrated in the recent notice issued on 17 June 2021 by Jasmina Ackar, a delegate of the Comptroller-General of Customs. This notice revokes two previous wharf appointments, those of Sydney Cove Passenger Terminal Levels 1 and 2 (Gazette No. GN 29, 21 July 2004) and Circular Quay (Gazette No. GN 41, 20 October 2010). Instead, it appoints a new wharf, the Sydney Cove Passenger Terminal in the Port of Sydney, New South Wales, with the limits of this wharf fixed as the area within the red boundary line as detailed in Attachment A to the notice. This change ensures that the wharf appointments are updated to reflect current operational requirements and boundaries. The Customs Act 1901 imposes specific obligations and requirements on the parties governed by this Act. Firstly, it mandates that any changes to wharf appointments must be formally notified and published in the Commonwealth of Australia Gazette. This transparency ensures that all stakeholders are aware of any modifications to the designated areas. Furthermore, the Act requires that the limits of the wharfs be clearly defined, as demonstrated by the inclusion of Attachment A, which provides the necessary visual and descriptive details of the wharf's boundaries. These provisions are crucial for maintaining orderly customs operations and ensuring compliance with regulatory standards. The Customs Act 1901 also stipulates potential consequences for non-compliance with its provisions. While the specific offences and penalties are not detailed in the provided notice, breaches of the Customs Act generally may result in civil or criminal penalties. For civil penalties, the Act allows for fines up to a certain monetary limit, while criminal penalties may include imprisonment depending on the severity of the breach. These penalties serve to enforce adherence to the Act's requirements and to deter any non-compliant behaviour that could disrupt customs operations or compromise regulatory integrity. In summary, the Customs Act 1901, as evidenced by the recent notice issued by Jasmina Ackar, outlines the processes for revoking and appointing wharfs, ensuring that the designated areas are clearly defined and communicated. The Act imposes obligations on parties to follow the notification and definition requirements to maintain orderly customs operations. Furthermore, it sets out potential civil and criminal penalties for non-compliance, thereby enforcing the Act's provisions and ensuring adherence to regulatory standards.