Wharf Appointment - Appointment No. 2544 (Brisbane Container Terminals (Hutchison))

Overview

The Customs Act 1901, enacted by the Commonwealth Parliament of Australia, serves as the primary legislation governing the regulation of customs and border protection. This Act was introduced to address the need for a comprehensive legal framework to manage the importation and exportation of goods, the collection of duties, and the enforcement of border security. The policy objective behind the Customs Act 1901 is to facilitate international trade while ensuring the protection of the Australian border and the collection of necessary revenue through tariffs and duties. The Act provides the legal basis for the Australian Border Force and Customs to regulate the movement of goods, people, and vehicles across Australia's borders, thereby maintaining national security and economic integrity. Through the appointment of specific wharf areas, such as the Brisbane Container Terminals (Hutchison) on Fisherman Islands, the Act ensures that designated locations are recognised and regulated under customs law, streamlining the process for businesses and authorities involved in maritime trade.

Scope and Application

The Customs Act 1901 Notice under Section 15 Wharf Appointment Appointment No. 2544 designates the Brisbane Container Terminals (Hutchison) at Fisherman Islands in the port of Brisbane, Queensland, as a wharf. This appointment is executed by Neil Geoffrey Sugget, acting on behalf of the Chief Executive Officer of Customs, in accordance with the powers granted under subsection 15(2) of the Customs Act 1901. The notice specifies the boundaries of the wharf, which encompass Leases FCT and FCU in Lot 99 on SP238079, Lease FDI in Lot 88 on SP108337, and Lease FDJ in Lot 98 on SP236540, all within the Parish of Noogoon, County of Stanley, Queensland. This appointment applies to the specified area, which covers approximately 34.532 hectares, and includes delineated areas on survey plans dated 19 August 2010 and 23 July 2012. The application of this legislation is confined to the geographic and jurisdictional limits of the Brisbane Container Terminals as defined, and it does not extend beyond these boundaries unless otherwise specified through subordinate instruments.

Key Provisions

The main operative sections of this notice establish the Brisbane Container Terminals (Hutchison) on Fisherman Islands as a wharf under the Customs Act 1901 (section 15). This designation formalises the area's status and operational parameters as a wharf, facilitating customs operations within the specified boundaries. The notice delineates the exact geographic limits of the wharf, providing a clear description of the land areas involved, which include Leases FCT and FCU in Lot 99 on SP238079, Lease FDI in Lot 88 on SP108337, and Lease FDJ in Lot 98 on SP236540. These leases are situated in the Parish of Noogoon, County of Stanley, in Queensland, and their boundaries are identified on specific survey plans dated 19 August 2010 and 23 July 2012. This appointment imposes specific obligations on the entities operating within the designated wharf area. These entities must adhere to the customs regulations and procedures as outlined in the Customs Act 1901. They are required to ensure that all activities within the wharf comply with Australian customs laws, including the declaration of goods, payment of applicable duties, and adherence to any other regulatory requirements. The establishment of the wharf also means that these entities must maintain records and documentation that are necessary for customs inspections and audits. Failure to comply with the provisions of the Customs Act 1901 can result in significant legal consequences. Breaches of the Act can lead to civil penalties, which may include fines of up to $22,200 for individuals and $111,000 for corporations, as prescribed by the Act. Additionally, persistent or severe violations can result in criminal charges, which may lead to imprisonment. The specific penalties depend on the nature and severity of the offence, but they are designed to ensure strict adherence to customs regulations and to deter non-compliance.