Wharf Notice of Appointment (No. 20/19) – Fremantle Outer Harbour (Kwinana Bulk Cargo Jetty 3-4), Port of Fremantle

Overview

The Customs Act 1901, enacted to regulate the import and export of goods in Australia, was amended to address the need for specific wharf appointments within designated ports. The Act provides the authority for the Comptroller-General of Customs to designate specific wharf areas for customs purposes, ensuring efficient and effective control over the movement of goods. This particular notice, issued under paragraph 15(2)(a) of the Act, was enacted to formally appoint a wharf in the Port of Fremantle, specifically the area known as the Fremantle Outer Harbour (Kwinana Bulk Cargo Jetty 3-4). By setting the limits of this wharf, the legislation aims to streamline customs operations, facilitating the inspection and clearance of goods while maintaining security and compliance with regulatory standards.

Scope and Application

The Customs Act 1901 governs the administration and enforcement of customs and excise regulations in Australia, with its provisions extending across the Commonwealth. This specific notice, issued under paragraph 15(2)(a) of the Act, pertains to the appointment of a wharf in the Port of Fremantle, Western Australia, specifically designating the area known as the Fremantle Outer Harbour (Kwinana Bulk Cargo Jetty 3-4) as an official wharf. The notice fixes the limits of this wharf to all areas within the red boundary line as depicted and detailed in Attachment A. The jurisdictional reach of this appointment is confined to the specified geographical area within the Port of Fremantle, ensuring that the wharf is legally recognised and regulated under the Act. The notice does not explicitly state any exclusions, exemptions, or thresholds, implying that all activities and transactions involving goods at this wharf must comply with the relevant customs and excise requirements as stipulated by the Act. The authority to extend or restrict the application of this notice is also inherent in the Customs Act 1901, which may be further refined through subordinate instruments issued under the Act.

Key Provisions

The Customs Act 1901, through Notice under paragraph 15(2)(a), specifies the appointment of a wharf in the Port of Fremantle in Western Australia. This appointment, detailed in Wharf Appointment (No. 20/19), pertains to the area known as the Fremantle Outer Harbour (Kwinana Bulk Cargo Jetty 3-4). The notice designates the boundaries of this wharf, which are clearly outlined as the area within the red boundary line, as detailed in Attachment A. This boundary specification ensures that there is no ambiguity regarding the exact area that is considered the wharf for customs purposes. Under this legislation, the appointed wharf becomes subject to the provisions of the Customs Act 1901, which means that it must comply with all relevant customs regulations, including those related to the importation and exportation of goods, the storage of goods, and the payment of applicable duties and taxes. The wharf operators and any associated parties are required to adhere to these regulations to ensure that they are not inadvertently breaching any customs laws. Compliance includes maintaining accurate records, reporting movements of goods, and cooperating with customs officers who may need to inspect or audit the wharf's activities. Failure to comply with the provisions of the Customs Act 1901 can result in severe penalties. Offences under this Act can lead to both civil and criminal consequences. For instance, knowingly making a false statement or providing misleading information to a customs officer can result in a fine of up to $22,200 or imprisonment for up to two years, or both, as stipulated in Section 208 of the Act. Additionally, the Act empowers customs officers to seize goods that are subject to customs duties or are otherwise prohibited or restricted, and failure to pay applicable duties can incur fines and interest on the unpaid amounts. These penalties are intended to enforce compliance and deter non-compliance with customs regulations.