Wharf Notice of Appointment (No. 20/16) – Fremantle Outer Harbour (Kwinana BP Oil Refinery Jetty), Port of Fremantle

Overview

The Customs Act 1901, enacted to regulate customs duties and border controls, was updated with the Wharf Notice of Appointment (No. 20/16) issued on 30th June 2020. This specific notice, issued by Jasmina Ackar, a delegate of the Comptroller-General of Customs, aims to address the administrative and operational needs of the Port of Fremantle by designating the area known as the Fremantle Outer Harbour (Kwinana BP Oil Refinery Jetty) as a wharf. This designation ensures that the specified area is officially recognised within the legal framework of the Customs Act, thereby facilitating compliance with customs regulations and enhancing the management of goods entering and exiting the designated wharf. The policy objective behind this notice is to provide clarity and legal certainty regarding the jurisdictional boundaries of customs enforcement in the specified wharf area.

Scope and Application

The Customs Act 1901, as evidenced by the Wharf Notice of Appointment (No. 20/16) for the Fremantle Outer Harbour (Kwinana BP Oil Refinery Jetty), applies to the establishment of specific wharf areas within the Port of Fremantle, Western Australia. This designation is under the authority delegated to Jasmina Ackar, who acts on behalf of the Comptroller-General of Customs. The notice clearly defines the geographical limits of the wharf by referencing the red boundary lines as detailed in Attachments A and B. This appointment extends the application of the Customs Act 1901 to the specified jetty, affecting any transactions or activities occurring within these boundaries, thereby ensuring compliance with customs regulations in the designated area. The Act's jurisdictional reach is confined to the Commonwealth, but its impact is localised to the state of Western Australia, particularly within the Fremantle Outer Harbour. There are no stated exclusions or exemptions detailed in this particular notice, and the scope of application is directly tied to the physical demarcation of the wharf area. The Act may be further elaborated or restricted through subordinate instruments, which can provide additional details or conditions for specific activities within the wharf area.

Key Provisions

The Customs Act 1901, under the authority of Jasmina Ackar, a delegate of the Comptroller-General of Customs, appoints a specific area as a wharf within the Port of Fremantle in Western Australia. According to section 15(2)(a), this area is defined as the Fremantle Outer Harbour, more specifically the Kwinana BP Oil Refinery Jetty. The boundaries of this wharf are established by the red boundary lines detailed in Attachments A and B to the notice, which are included in the Wharf Notice of Appointment (No. 20/16) issued on June 30, 2020. Entities and individuals operating within or in relation to this designated wharf area must comply with the regulations and procedures outlined in the Customs Act 1901. This includes adhering to the specified limits of the wharf and ensuring that any activities or transactions occurring within these boundaries are conducted in accordance with the provisions of the Act. The wharf's designation as a customs area means that all goods imported or exported through this location must be declared and may be subject to inspection or examination by customs officers. This also extends to ensuring that any goods stored or handled at the wharf comply with Australian customs laws and regulations. Failure to comply with the requirements of the Customs Act 1901 may result in civil or criminal penalties. For instance, non-compliance with customs declarations or other statutory obligations can lead to fines, imprisonment, or both. The specific penalties vary depending on the nature and severity of the breach, but they can include significant financial penalties. The Act also provides for the seizure and forfeiture of goods that are unlawfully imported or exported. Therefore, it is imperative for all parties involved with the wharf to be fully aware of and adhere to the legislative requirements to avoid potential legal repercussions.