Wharf Appointment No 2556 - Port of Gladstone Curtis Island Liquid Natural Gas Jetty

Overview

The Customs Act 1901, enacted by the Parliament of Australia, provides the legal framework governing customs administration, including the regulation of wharf operations. The 2015 notice under subsection 15(2) of the Customs Act, issued by Erin Dale, Acting Deputy Commander of the Strategic Border Command of the Australian Customs and Border Protection Service, appoints the area known as the Queensland Curtis Island Liquid Natural Gas (QCLNG) Jetty in the Port of Gladstone as a wharf. This appointment was made to formalise and regulate the operational parameters of the QCLNG Jetty within the specified boundaries, ensuring compliance with customs laws and facilitating efficient port operations. The notice delineates the wharf's limits within the red boundary line, as detailed in Attachment A, addressing the need for clear demarcation to manage customs activities effectively.

Scope and Application

The Customs Act 1901 provides the statutory framework for the regulation of goods imported into, and exported from, Australia. In this instance, the Notice issued under subsection 15(2) of the Act appoints a specific area, namely the Queensland Curtis Island Liquid Natural Gas (QCLNG) Jetty in the Port of Gladstone, Queensland, as a wharf. This appointment applies to the activities and operations conducted within the defined limits of the QCLNG Jetty, which are fixed by the red boundary line indicated in Attachment A to the notice. The Notice is geographically limited to the State of Queensland and pertains to the activities taking place at the designated wharf. The appointment is effective from the date of the notice, 21 April 2015, and is made by Erin Dale, acting as a delegate of the Chief Executive Officer of the Australian Customs and Border Protection Service. The appointment aims to provide clarity and specificity regarding the operational boundaries of the QCLNG Jetty for customs-related purposes, ensuring that any relevant duties, inspections, or regulatory actions are appropriately administered within the designated area.

Key Provisions

The primary operative sections of the Notice under subsection 15(2) of the Customs Act 1901, as issued on 21 April 2015, involve the designation of a specific area as a wharf and the setting of its boundaries. Section 15(2)(a) of the Customs Act 1901 permits the delegate of the Chief Executive Officer of the Australian Customs and Border Protection Service to appoint an area as a wharf, which in this instance is the Queensland Curtis Island Liquid Natural Gas (QCLNG) Jetty in the Port of Gladstone. The notice further specifies the limits of this wharf, as defined by the red boundary line provided in Attachment A. This designation and boundary setting are critical for determining the jurisdiction and regulatory oversight of customs activities in this area. The Act imposes several obligations and requirements on the parties or entities governed by it. Firstly, it mandates that any operations or activities occurring within the designated wharf area must comply with the provisions of the Customs Act 1901. This includes adherence to customs laws and regulations concerning the importation and exportation of goods, as well as any other relevant legislative requirements. Additionally, any person or entity conducting business within these wharf boundaries must ensure that all customs duties and taxes are appropriately paid and that all necessary documentation is correctly filed and maintained. The designation also means that the Australian Customs and Border Protection Service has the authority to inspect and regulate activities within these limits to ensure compliance. In terms of offences, penalties, or civil and criminal consequences for breach, the Customs Act 1901 provides for a range of measures. For example, failure to comply with the customs regulations and requirements within the designated wharf area can result in significant penalties. Under section 188 of the Act, any person who contravenes a provision of the Act can be subject to a fine of up to $22,200 for an individual and $111,000 for a body corporate, depending on the severity and nature of the offence. Additionally, more serious breaches may lead to criminal charges and prosecution, which could result in imprisonment. For instance, under section 191, any person found guilty of smuggling or engaging in fraudulent customs activities can face imprisonment for up to ten years. The specific penalties for breaches are outlined in the Act and can vary based on the nature and extent of the infringement.