Wharf Notice of Appointment (No. 20/03) - Lucky Bay Wharf, Lucky Bay

Overview

The Customs Act 1901 is foundational legislation in Australia that governs the administration of customs duties and provides the legal framework for the regulation of imported and exported goods. Enacted by the Australian Parliament, the Act aims to address issues related to the efficient and secure movement of goods across borders while facilitating international trade. This specific notice, issued under paragraph 15(2)(a) of the Act, appoints a particular area in Lucky Bay, South Australia, as a wharf for the exclusive use of commercial vessels. The policy objective behind this appointment is to provide a designated area for commercial maritime activities, ensuring clear demarcation and regulation of wharf usage within the specified geographical boundaries.

Scope and Application

The Customs Act 1901, through the Wharf Notice of Appointment No. 20/03, designates Lucky Bay Wharf in the state of South Australia as a wharf for the specific purpose of commercial vessel use only. This appointment applies to the defined area within the red boundary lines, as outlined in Attachment A to the notice. This legislation ensures that the wharf is exclusively for commercial activities, thereby regulating and controlling its use in accordance with the Customs Act. The geographic reach of this Act is confined to the state of South Australia, and it applies to any commercial vessel using the wharf. The Act does not provide any specific exclusions or exemptions in this notice, but the general provisions of the Customs Act 1901 may apply. The scope of this Act can be further extended or restricted by subordinate instruments issued under the authority of the Act.

Key Provisions

The Customs Act 1901, through a Notice under paragraph 15(2)(a) issued by Jasmina Ackar, designates a specific area as a wharf in Lucky Bay, South Australia. This notice formally appoints the area known as Lucky Bay Wharf and defines its boundaries as indicated in Attachment A (section 1(a)-(c)). The notice also limits the wharf's use strictly to commercial vessels, thereby excluding recreational or other non-commercial vessels from using this area (section 1(c)). Under the Customs Act 1901, the parties or entities governed by this Act must adhere to several obligations and requirements. Firstly, the wharf's boundaries, as set out in Attachment A, must be respected, and only commercial vessels are permitted to use the wharf (section 1(b) and 1(c)). Any person or entity using the wharf must comply with these stipulations, ensuring their activities align with the wharf's designated purpose. Failure to adhere to these requirements could result in legal consequences. The Act imposes specific consequences for breaches of its provisions. Any individual or entity found to be in violation of the wharf's designated use or boundaries could face penalties. The specific penalties for breaches of the Customs Act 1901 are not detailed in the notice itself but generally, the Act provides for both civil and criminal penalties. For commercial entities, fines can be substantial, and in more severe cases, criminal charges may be pursued. It is essential for those governed by the Act to ensure full compliance to avoid these potential legal ramifications.