Wharf Appointment (No. 20/18) – Port of Fremantle – Fremantle Outer Harbour (Kwinana Bulk Terminal – Kwinana Bulk Berth 2)

Overview

The Customs Act 1901 was enacted to consolidate and regulate customs and excise laws in Australia. This Act provides the legal framework for the administration of customs and excise, including the control and regulation of goods entering and leaving the country. One of the key issues the Act addresses is the management and regulation of designated wharf areas to ensure effective customs and excise operations. The Customs Act 1901 empowers the Comptroller-General of Customs to appoint specific areas as wharves and to determine their boundaries, ensuring that customs duties and regulations are properly enforced. The policy objective behind such appointments is to maintain the integrity of the customs regime and to facilitate the smooth flow of international trade. In accordance with the Customs Act 1901, Jasmina Ackar, as a delegate of the Comptroller-General of Customs, appointed the area known as the Fremantle Outer Harbour (Kwinana Bulk Terminal - Kwinana Bulk Berth 2) in the Port of Fremantle, Western Australia, as a wharf. The notice, published under paragraph 15(2)(a), specifies the boundaries of this wharf, delineating the area within the red boundary line as indicated in Attachment A to the notice. This appointment aims to ensure that the wharf is subject to the regulatory and control measures provided by the Customs Act, thereby supporting the enforcement of customs duties and the regulation of goods in and out of the designated area.

Scope and Application

The Customs Act 1901, through the Wharf Appointment (No. 20/18), designates the area known as the Fremantle Outer Harbour (Kwinana Bulk Terminal - Kwinana Bulk Berth 2) in the Port of Fremantle, Western Australia, as a wharf for customs purposes. This appointment is made under the authority of the Comptroller-General of Customs, with Jasmina Ackar acting as the delegate. The geographical reach of this appointment is specifically confined to the Fremantle Outer Harbour within the state of Western Australia. The notice fixes the limits of this wharf to the area within the red boundary line, as detailed in Attachment A. The scope of the act encompasses any entities and persons engaged in importing or exporting goods via this wharf, as well as any relevant transactions taking place within the designated area. The act applies to the conduct of customs operations at this location, ensuring compliance with all relevant customs regulations. Subordinate instruments may further extend or restrict the application of this appointment, but the primary focus remains on the specified wharf within the Fremantle Outer Harbour.

Key Provisions

The Customs Act 1901, under the authority of paragraph 15(2)(a), designates a specific area as a wharf within the Port of Fremantle. Section 15(2)(a) allows the Comptroller-General of Customs to appoint such wharfs, and in this instance, the area designated is the Fremantle Outer Harbour at the Kwinana Bulk Terminal, specifically at Kwinana Bulk Berth 2. The notice, dated 30th June 2020, signed by Jasmina Ackar, Acting Director of Ports Policy, Traveller Policy and Industry Engagement within the Customs Group of the Australian Border Force, delineates the geographical boundaries of this wharf. These boundaries are defined by a red boundary line, detailed in Attachment A to the notice. Entities and individuals operating within this wharf must comply with the regulations and standards set forth by the Customs Act 1901. This includes adherence to customs duties, import and export controls, and any other relevant regulatory requirements. The wharf's designation under this Act places it under federal jurisdiction, ensuring uniform application of customs laws and procedures across the designated area. Compliance with these provisions is essential for the smooth operation of trade and logistics within the Port of Fremantle. Breaches of the Customs Act 1901 can result in significant legal consequences. The Act outlines various offences, such as failure to declare goods, smuggling, and non-compliance with customs regulations. For instance, contravening import or export regulations can lead to criminal charges, with potential penalties including substantial fines and imprisonment. Specifically, the Act provides for maximum penalties, which can vary depending on the severity of the offence. For example, serious violations may incur fines of up to $220,000 for individuals and $1,100,000 for corporations, alongside or in addition to imprisonment terms. These stringent measures underscore the importance of strict compliance with the Act's provisions to avoid severe repercussions.