Wharf Notice Appointment (No. 2571) - Queensland - Port of Gladstone - APLNG Curtis Island - LNG Terminal 1

Overview

The Customs Act 1901, enacted by the Commonwealth Parliament, provides the framework for the regulation of customs and excise in Australia. The Act was introduced to address the need for effective control and management of goods entering and leaving the country, including the regulation of designated wharfs and ports. The enactment aimed to ensure that customs duties and other import and export regulations are properly enforced. The Customs Act 1901 addresses the problem of ensuring that goods are properly monitored and taxed as they enter and leave Australia, thereby protecting the revenue and maintaining regulatory control. The policy objective of the Act is to facilitate legitimate trade while preventing illegal activities such as smuggling and the evasion of duties.

Scope and Application

The Customs Act 1901 applies broadly to various entities and conduct related to customs and border protection in Australia. Specifically, this notice under subsection 15(2) appoints a wharf in the Port of Gladstone, Queensland, which pertains to areas within the state's jurisdiction. The act designates the APLNG Curtis Island – LNG Terminal 1 as a wharf within the specified red boundary line, thereby integrating it into the customs regulatory framework. This appointment ensures that the wharf operates within the legal parameters set by the Customs Act, facilitating the regulation of goods entering or leaving Australia. The geographic reach of this appointment is limited to the specified area within Queensland, and it does not extend to other ports or areas outside of the designated red boundary line. The notice does not explicitly mention any exclusions or exemptions, nor does it indicate the application of subordinate instruments extending or restricting its application. This appointment underscores the administrative control exercised by the Australian Border Force under the Customs Act.

Key Provisions

The Customs Act 1901, through the appointment notice issued under subsection 15(2)(a) (subsection 15(2)), designates a specific area within the Port of Gladstone as a wharf. This area, referred to as APLNG CURTIS ISLAND – LNG TERMINAL 1, located in the State of Queensland, has been appointed under the authority of the Comptroller-General of Customs. The notice specifies that the boundaries of this wharf are defined by the red boundary line depicted in Attachment A, which is part of the notice. The wharf is intended for the loading and unloading of goods subject to customs duties, thereby formalising its status under the Customs Act. The obligations imposed by this appointment require that the designated wharf adhere to all regulations and procedures outlined within the Customs Act 1901. This includes proper documentation and compliance with customs procedures for any goods handled at the wharf. The wharf operator, which in this case would be APLNG CURTIS ISLAND – LNG TERMINAL 1, must ensure that all activities comply with these regulations. Additionally, the operator must maintain records and provide any necessary information to the relevant authorities upon request. Failure to comply with the provisions of the Customs Act 1901 can result in serious consequences. Offences under the Act may lead to both civil and criminal penalties. For example, individuals or entities found guilty of evading customs duties may face substantial fines or imprisonment. The maximum penalties can vary depending on the severity of the offence but may include significant monetary fines and lengthy prison sentences. Additionally, non-compliance could result in the revocation of the wharf’s status, thereby halting all customs-related activities at the designated location until compliance is restored.