Wharf Notice of Appointment (No. 23/10) – Port of Bunbury – Berths One and Two

Overview

The Customs Act 1901, enacted in 1901, is a foundational piece of legislation that governs customs and border protection in Australia. This Act was introduced to provide a comprehensive framework for the regulation of goods entering and leaving the country, ensuring compliance with customs duties and border control measures. The Customs Act 1901 addresses the need for streamlined and efficient customs processes to protect the economic interests of Australia and maintain border security. The policy objective of the Act is to facilitate lawful trade while preventing illegal activities such as smuggling and the unauthorised import or export of goods. The Wharf Notice of Appointment (No. 23/10) issued under paragraph 15(2)(a) of the Customs Act 1901, dated 19 December 2023, revokes a previous appointment and reappoints the area known as Berths One and Two in the Port of Bunbury as a wharf. This appointment delineates the specific limits of the wharf, as indicated in the attached document, and is a part of the ongoing efforts to manage and regulate the use of designated wharf areas for customs purposes.

Scope and Application

The Wharf Notice of Appointment (No. 23/10) under the Customs Act 1901 pertains to the appointment and re-appointment of specific areas within the Port of Bunbury as a wharf. This notice, issued by Phil Emerson as a delegate of the Comptroller-General of Customs, revokes the previous wharf appointment for Berths One and Two, as detailed in the notice published in the Commonwealth of Australia Gazette No. C2016G00846 on 23 June 2016, and reappoints these berths as a wharf. The notice fixes the limits of this wharf to the areas within and covered by the red boundary line, as delineated in Attachment A to this notice. This legislative action applies to entities and persons conducting maritime activities within the specified limits of Berths One and Two in the Port of Bunbury, Western Australia, ensuring compliance with customs regulations and procedures within the designated wharf area. The jurisdictional reach of this Act is national, given that it falls under the Customs Act 1901, which governs customs and border protection across Australia. The Act does not specify any exclusions, exemptions, or thresholds in this particular notice, but broader exceptions and conditions may be outlined in the Customs Act itself or in subordinate instruments.

Key Provisions

The Customs Act 1901, through the Wharf Notice of Appointment (No. 23/10), outlines specific actions concerning the designation of a wharf area in the Port of Bunbury. Firstly, section 15(2)(a) empowers the delegate of the Comptroller-General of Customs to revoke any existing wharf appointment, which in this case, is the "Wharf Appointment (2565)" that was published in the Commonwealth of Australia Gazette on 23 June 2016 (section (a)). This revocation means that the previous designation of Berths One and Two as a wharf is no longer in effect. Secondly, the same authority is used to appoint the same area, Berths One and Two in the Port of Bunbury, as a wharf (section (b)). This reappointment signifies that the area retains its status as a designated wharf under the Customs Act. Finally, the notice sets the specific limits of the wharf by defining the area within and covered by the red boundary line as illustrated in Attachment A (section (c)). The Customs Act 1901 imposes several obligations on parties and entities governed by the Act. Firstly, it mandates that any area designated as a wharf must be clearly defined and communicated to all relevant stakeholders. This is achieved through the publication of notices in the Commonwealth Gazette, ensuring transparency and legal clarity. The delegate of the Comptroller-General of Customs is responsible for ensuring that these notices are accurate and up-to-date. Additionally, any changes to the wharf designation must be formally communicated through similar notices, as evidenced by the revocation and reappointment in this case. Furthermore, the Act requires that the boundaries of the wharf be clearly marked and identifiable, as indicated by the red boundary line in Attachment A. Breach of the provisions outlined in the Customs Act 1901 can lead to various civil and criminal consequences. While the specific offences and penalties are not detailed in the Wharf Notice of Appointment, the Act generally provides for penalties for non-compliance with its provisions. Offences under the Customs Act can result in both criminal and civil penalties, depending on the nature and severity of the breach. Criminal penalties can include fines and imprisonment, with the exact penalties varying based on the specific offence and jurisdiction. Civil penalties may include fines and other financial penalties, as well as orders for restitution or damages. The maximum penalties are determined by the specific provisions of the Act and any applicable regulations or subsidiary legislation. It is important for parties and entities governed by the Act to adhere to its requirements to avoid these potential consequences.