Wharf Notice of Appointment (No. 23/9) – Port of Dampier – Dampier and King Bay Wharf Area

Overview

The Customs Act 1901 was enacted to regulate and control the customs processes in Australia, addressing the need for a comprehensive framework governing the importation and exportation of goods. The Act serves to ensure compliance with customs regulations, facilitate trade, and protect the country's revenue and borders. This specific notice, issued under paragraph 15(2)(a) of the Act, revokes two previous wharf appointments at the Port of Dampier and appoints a new wharf area, the Dampier and King Bay Wharf Area, to streamline and clarify the designated wharf boundaries for customs purposes. The notice was signed by Phil Emerson, a delegate of the Comptroller-General of Customs, and it aims to ensure that the customs regulations are applied accurately and efficiently within the specified wharf area.

Scope and Application

The Customs Act 1901 provides a comprehensive framework for the regulation of customs and border control in Australia. Under the authority conferred by the Act, the delegate of the Comptroller-General of Customs has the power to revoke and appoint wharf areas within Australian ports. The notice under paragraph 15(2)(a) specifically addresses the wharf areas in the Port of Dampier in Western Australia. It revokes the previous appointments of wharf areas named King Bay Wharf and Pilbara Ports Authorities Facilities, as outlined in earlier notices published in 2012 and 2017, respectively. In their place, the notice appoints a new wharf area known as Dampier and King Bay Wharf Area, with specific boundaries defined by a red boundary line as indicated in Attachment A. This appointment applies to the conduct and transactions involving the loading, unloading, and storage of goods within the designated wharf area. The application of this Act is national, with its provisions extending across all states and territories of Australia, ensuring a consistent approach to customs and border control throughout the country.

Key Provisions

The Customs Act 1901, through its various provisions, enables the appointment, revocation, and modification of wharf areas in Australian ports. In this particular instance, section 15(2)(a) empowers a delegate of the Comptroller-General of Customs to revoke and appoint wharf areas. Specifically, this notice revokes the previous appointments of the King Bay Wharf area and the Pilbara Ports Authorities Facilities in the Port of Dampier, as previously published in Gazettes No. 27 on 11 July 2012 and No. C2107G00265 on 7 March 2017 respectively. It then appoints the area known as Dampier and King Bay Wharf Area in the Port of Dampier in Western Australia as a new wharf, with its boundaries defined by the red boundary line as detailed in Attachment A to this notice. The obligations imposed by this Act on the parties and entities it governs are primarily administrative. Those responsible for managing wharf operations within the specified areas must comply with the newly defined boundaries and ensure that any activities conducted within these areas are in accordance with the Customs Act 1901. This includes adherence to the operational regulations and any additional requirements imposed by the Australian Border Force. The appointed wharf must be clearly delineated, and any changes to its boundaries or operations must be communicated to the relevant authorities. Breaching the provisions of the Customs Act 1901 can result in significant consequences. The Act includes various offences that can be enforced both civilly and criminally. For example, operating within the appointed wharf area without proper authorisation or failing to comply with the specified boundaries could result in fines or other penalties as stipulated in the Act. While the exact penalties are not detailed in this notice, they can be severe, reflecting the importance of adherence to customs regulations. The penalties can include substantial financial fines and, in some cases, imprisonment, depending on the severity and intent of the breach.