Wharf Notice Appointment (No. 2593) - Wheatstone Marine Terminal & Materials Offloading Facility Port Onslow - Western Australia

Overview

The Customs Act 1901, enacted by the Commonwealth Parliament, addresses the regulation and management of customs and border protection in Australia. This Act was introduced to establish a comprehensive framework for the control of goods entering and leaving the country, ensuring compliance with customs laws and protecting national security. The policy objective of the Customs Act is to facilitate legitimate trade while safeguarding Australia's borders against illicit activities such as smuggling and illegal imports. The 2017 gazetted notice under Subsection 15(2) of the Act appoints the Wheatstone Marine Terminal and Materials Offloading Facility (MOF) in Onslow, Western Australia, as a designated wharf, thereby extending the Act's jurisdictional reach to manage customs operations in this specific area. This action underscores the ongoing commitment to enforcing customs regulations effectively across all maritime access points within Australia.

Scope and Application

The Customs Act 1901, under which this notice operates, primarily applies to the regulation of goods entering and leaving Australia, ensuring compliance with customs duties and other related legislation. This particular notice under subsection 15(2) pertains specifically to the appointment of a designated wharf within the Port of Onslow, specifically the Wheatstone Marine Terminal and Materials Offloading Facility (MOF), located in the State of Western Australia. The appointment and delineation of the wharf's limits are essential for the enforcement of customs regulations, ensuring that all activities related to the importation and exportation of goods within this designated area comply with Australian customs laws. This notice, effective from 3 March 2017, provides clear geographic boundaries as indicated in Attachment A, thereby establishing the jurisdictional scope of customs operations within this wharf. The authority to issue such notices is vested in a delegate of the Comptroller-General of Customs, thereby ensuring that the administration and enforcement of customs regulations are carried out with due legal authority.

Key Provisions

The Customs Act 1901, as referenced in the Gazette, outlines specific provisions regarding the appointment of wharf areas within designated ports. Under subsection 15(2) of this Act, the delegate of the Comptroller-General of Customs has the authority to appoint specific areas as wharfs, and to define their boundaries. In this particular notice (2593), the delegate, William Ries, appoints the Wheatstone Marine Terminal and Materials Offloading Facility (MOF) in the Port of Onslow, Western Australia, as a wharf. This appointment is effective from 3 March 2017 and is demarcated by the red boundary line illustrated in Attachment A. This appointment and the specified limits of the wharf impose several obligations on the parties and entities governed by this Act. For the Wheatstone Marine Terminal and Materials Offloading Facility, this means compliance with all customs regulations applicable to wharf areas. This includes adherence to customs clearance procedures, storage requirements, and any other relevant obligations that come with the designation of a wharf. The appointed area must be managed in a manner that ensures these regulations are strictly followed to avoid any legal repercussions. Breaching the obligations imposed by the Customs Act 1901 can lead to serious consequences. Offences under this Act can result in both civil and criminal penalties. For example, failure to comply with customs regulations can result in fines and, in more severe cases, imprisonment. The exact penalties depend on the nature and severity of the breach, but they can include significant financial penalties and lengthy periods of incarceration. The Act does not specify maximum penalties in this particular notice, but the general provisions of the Act allow for fines up to $22,200 for individuals and much higher amounts for corporations, along with potential imprisonment terms that vary based on the severity of the offence. In summary, the Customs Act 1901, through this wharf appointment notice, establishes the Wheatstone Marine Terminal and Materials Offloading Facility as a designated wharf area within the Port of Onslow, outlining its boundaries and the associated obligations. Non-compliance with the provisions of the Act can lead to severe civil and criminal penalties, underscoring the importance of adhering to the specified regulations and requirements.