Wharf Notice Appointment (No. 2598) - Lee Breakwater Wharf, Portland, Victoria

Overview

The Customs Act 1901, enacted to regulate and control the movement of goods across Australia's borders, includes provisions for the designation of wharf areas. The Wharf Notice of Appointment (2598) issued on 10 March 2017 under subsection 15(2)(a) of the Act addresses the need to clearly define specific wharf areas within Australian ports to ensure effective customs administration and enforcement. This notice, issued by William Ries, a delegate of the Comptroller-General of Customs, formally appoints the area known as Lee Breakwater Wharf in the Port of Portland, Victoria, as a designated wharf and sets its boundaries within the red line indicated in Attachment A. The policy objective of this notice is to facilitate the smooth operation of customs procedures by providing clear demarcation of wharf areas, thereby ensuring that customs activities are conducted within defined and manageable limits.

Scope and Application

The Customs Act 1901, as referenced in the Gazette Notice under Subsection 15(2)(a) Wharf Notice of Appointment (2598), applies to the specific geographical and operational context of the designated wharf within the Commonwealth of Australia. This particular notice pertains to the appointment of the area known as Lee Breakwater Wharf in the State of Victoria as a wharf in the Port of Portland. The Act applies directly to this wharf, setting out its boundaries as indicated in Attachment A to the notice. This appointment and the delineation of the wharf's limits are made effective from the date of the notice, 10 March 2017. The Act does not explicitly state exclusions or exemptions, but its application is confined to the defined boundaries of the wharf, thus excluding any areas outside these limits. Additionally, while the Act itself governs the designation and operation of the wharf, its application can be extended or further detailed through subordinate instruments issued under the authority of the Act.

Key Provisions

The Customs Act 1901, through the Wharf Notice of Appointment (2598), appoints a specific area as a wharf in the Port of Portland, known as Lee Breakwater Wharf in the state of Victoria. This appointment is made under subsection 15(2)(a) of the Act, which provides the authority to designate areas as wharfs (subsection 15(2)(a)). The notice also sets out the precise boundaries of this wharf, defined by the red boundary line indicated in Attachment A to the notice. This appointment and boundary specification are effective from the date of the notice, 10 March 2017. The Act imposes certain obligations and requirements on the parties involved with this wharf. For instance, the designated wharf must adhere to the regulations and requirements set forth by the Customs Act 1901 and any other relevant legislation. This includes compliance with customs procedures and regulations applicable to the handling of goods and the operations within the wharf area. The wharf operator or any other party involved in the operations of the wharf must ensure that all activities comply with the legislative framework governing customs and related activities. Breaching the obligations and requirements set out by the Customs Act 1901 can lead to various consequences, including both civil and criminal penalties. Offences under the Act may include the unauthorised handling of goods, failure to comply with customs regulations, and other activities that contravene the provisions of the Act. The penalties for such breaches can be significant. For instance, individuals or corporations found guilty of an offence under the Act may face substantial fines. The maximum penalties can vary depending on the nature and severity of the offence. For example, in some cases, the penalties may reach up to several thousand Australian dollars or more, reflecting the seriousness with which the Act treats non-compliance. Additionally, the Act provides for both civil and criminal enforcement mechanisms. Civil penalties may be imposed through fines or other monetary penalties, while criminal penalties can include imprisonment. The exact penalties depend on the specific provisions of the Act that are breached and the circumstances of the offence. Enforcement actions can be initiated by the Australian Border Force or other authorised officers, ensuring that the provisions of the Customs Act 1901 are upheld and that the designated wharf operates within the legal framework.