Wharf Appointment and Revocation (No. 25/02) – Port of Albany – Tug Boat Harbour and Berths 1, 2, 3 and 6

Overview

The Customs Act 1901 was enacted to facilitate the administration of customs duties and regulations within Australia, addressing the need for a structured and comprehensive framework governing the import and export of goods. The Act, administered by the Parliament of Australia, aims to ensure the efficient and effective collection of customs revenue while facilitating trade. This particular notice, issued under paragraph 15(2)(a) of the Customs Act, pertains to the revocation and subsequent reappointment of a wharf at the Port of Albany, specifically the area known as Tug Boat Harbour and Berths 1, 2, 3, and 6 in Western Australia. The notice, dated 26 November 2025 and signed by Donna Puttock, delegate of the Comptroller-General of Customs, aims to clarify and redefine the boundaries and status of the wharf, ensuring alignment with current operational needs and regulatory standards.

Scope and Application

The Customs Act 1901, as applied through this specific notice, pertains to the designation of wharf areas within the Port of Albany, Western Australia. This notice, issued by Donna Puttock, a delegate of the Comptroller-General of Customs, revokes a previous notice from 2015 concerning the wharf appointment in the same port, and subsequently appoints the area known as Tug Boat Harbour and Berths 1, 2, 3, and 6 as a designated wharf. The geographic reach of this Act is confined to the Commonwealth of Australia, specifically affecting maritime activities within the Port of Albany, Western Australia. This legislative action ensures that the operations and regulations associated with customs and wharf appointments are clearly defined and updated to reflect current maritime practices and requirements. The notice fixes the limits of the wharf area, as detailed in Attachment A, providing a precise delineation of the approved wharf space.

Key Provisions

The Customs Act 1901, as referenced in the gazette, contains provisions that allow the delegate of the Comptroller-General of Customs to revoke or appoint wharf areas within Australian ports, and to define the boundaries of such areas. In this specific instance (paragraph 15(2)(a)), Donna Puttock, the delegate, revokes a previous appointment notice (C2015G01483) and re-issues an updated notice appointing the area known as Tug Boat Harbour and Berths 1, 2, 3 and 6 in the Port of Albany as a wharf (paragraph 15(2)(a)). The boundaries of this wharf are then precisely defined within the red boundary line as indicated in Attachment A to this notice. This Act imposes specific obligations on the parties or entities involved. Those operating within the newly appointed wharf area must comply with all regulations and guidelines set forth by the Customs Act 1901. This includes adhering to any import and export duties, as well as any other customs-related regulations that apply to the wharf. Additionally, the delegate of the Comptroller-General of Customs retains the authority to alter or revoke the wharf appointment at any time, ensuring that the port operations can be managed and adapted to changing circumstances. Failure to comply with the provisions of the Customs Act 1901 can result in serious consequences. The Act provides for both civil and criminal penalties. For instance, any breach of customs regulations can lead to fines, with the maximum penalties varying based on the severity and nature of the offence. Additionally, persistent or egregious violations may result in prosecution, leading to potential imprisonment. The specific penalties for each type of offence are detailed in the Act and are enforced by the Australian Border Force, ensuring adherence to the prescribed legal standards.